COURSE: -BBA LLB.

(H)

SEM: - 9

TELECOMMUNICATION LAWS[ LAW 554]

TOPIC: - Regulatory Framework of Telecom Industry in India

GROUP MEMBERS
S.NO NAME E.NO COURSE SECTION
1 ARYAN PRIYADARSHI A9082151906 BBA B
8 LLB
2 GOURAV SARKAR A9082151904 BBA A
0 LLB
3 SHIBASISH A9082151907 BBA B
BHATTACHARJEE 1 LLB
 CONTENTS

CHAPTER 1- INTRODUCTION: INDIAN TELECOM INDUSTRY

CHAPTER 2- HISTORY OF TELECOM INDUSTRY IN INDIA

CHAPTER 3- GOVERNMENT BODIES

CHAPTER 4- TELECOM REGULATORY AUTHORITY OF INDIA

CHAPTER 5- TELECOM DISPUTES SETTLEMENT APPELLATE TRIBUNAL

CHAPTER 6- CONCLUSION
 CHAPTER 1
INTRODUCTION: INDIAN TELECOM INDUSTRY

The Indian telecommunications industry is one of the fastest growing in the world. According to
the Telecom Regulatory Authority of India (TRAI), the number of telephone subscriber base in
the country reached to 926.5 million at the end of December 2011, against 907 on as of end
September 2011.This represents a year-on-year growth of 17.69 per cent over the same quarter
last year and a quarter-over-quarter growth of 2.16 per cent during the October-December 2011
quarter. Telephone subscriber base had grown 2.36 per cent in the July-September 2011 quarter.
Overall tele density in India reached 76.86 as of 31 December 2011. as per data released by the
Telecom Regulatory Authority of India (TRAI). The wireless user base grew 0.88 percent with
an addition of 8 million subscribers, from 911.17 million in February1.
According to the recently released statistics, till the end of September, we had 33.312 million
fixed lines in service and 873.613 million mobile connections activated by the mobile operators,
which took the total to 906.925 million by the time.

The government connect all revenue villages in India either through landline, mobile or WLL
February 2012. “We have already connected about 96 per cent of the revenue villages. The
remaining 25,000 villages will have connectivity by June 2012," stated Mr. Sachin Pilot,
Minister of State Communications and IT. The government further proposes to provide
broadband connectivity to all the panchayats in the country by 2013. The telecom market in India
continues to grow at an annual rate of more than 40%. A number of stumbling blocks have fallen
and many more are expected to come tumbling down soon. According to the Gartner Report, the
Indian telecom services market will touch Rs. 696 million by 2012.

Private operators have made mobile telephony the fasten growing (over 100% pa.) India. Now
they are venturing into more traditional areas such as long distance and international fixed line
calling. Three main private groups i.e. Bharti, Tata and Reliance are braving the hazards of

1 https://telecom.economictimes.indiatimes.com/news/reliance-jio-added-6-1-mln-users-in-nov-rcom-lost-25-75-
mln-trai/62460109
competing with the private sector incumbents. This is boom time for the consumers, who have
been paying among the world’s highest tariffs so far.

CHAPTER 2
HISTORY OF TELECOM INDUSTRY IN INDIA

History of Indian Telecommunications started in 1851 when the first operational land lines were
laid by the government near Calcutta (seat of British power) Telephone services was introduced
in India in 1881. In 1883 telephone services were merged with the postal system. The first wind
of reforms in telecommunications sector began to flow in 1980s when the private sector was
allowed in telecommunications equipment manufacturing. In 1985, Department of
Telecommunications (DOT) was established. In 1986, two wholly government-owned
companies were created: the Videsh Sanchar Nigam Limited (VSNL) for international
telecommunications and Mahanagar Telephone Nigam Limited (MTNL) for service in
metropolitan areas.2 Telecommunication sector in India can be divided into two segments: Fixed
Service Provider (FSPs), and Telecom Services. Fixed line services consist of basic services,
national or domestic long distance and international long-distance services. Telecom services can
be further divided into two categories: Global System for Mobile Communications (GSM) and
Code Division Multiple Access (CDMA). The GSM sector is dominated by Airtel, Vodafone-
Hutch, and Idea Telecom, while the CDMA sector is dominated by Reliance and Tata Indicom.

Telecom Telephony:

The technology that gives a person the power to communicate anytime, anywhere - has spawned
an entire industry in mobile telecommunication. Mobile telephones have become an integral part
of the growth, success and efficiency of any business / economy.

The most prevalent wireless standard in the world today, is GSM. The GSM Association (Global
System for Mobile Communications) was instituted in 1987 to promote and expedite the
adoption, development and deployment evolution of the GSM standard for digital wireless
communications.

2 https://www.iloveindia.com/economy-of-india/telecom-industry.html
The GSM Association was formed as a result of a European Community agreement on the need
to adopt common standards suitable for cross border European mobile communications. Starting
off primarily as a European standard, the Group Special Mobile as it was then called, soon came
to represent the Global System for Mobile Communications as it achieved the status of a world-
wide standard. GSM is today, the world’s leading digital standard accounting for 68.5% of the
global digital wireless market.

The Indian Government when considering the introduction of telecom services into the country,
made a landmark decision to introduce the GSM standard, Leapfrogging obsolescent
technologies/standards.

Although telecom licenses were made technology neutral in September 1999, all the private
operators are presently offering only GSM based mobile services. The new licenses for the 4 th
telecom licenses that were awarded in July 2001 too, have opted for GSM technology to offer
their mobile services.

Telecom Industry in India

The Government of India recognizes that the provision of a world-class telecommunications

infrastructure and information are the key to rapid economic and social development of the
country. It is critical not only for the development of the Information Technology industry, but
also has widespread ramifications on the entire economy of the country. It is also anticipated that
going forward, a major part of the GDP of the country would be contributed by this sector.
Accordingly, it is of vital importance to the country that there be a comprehensive and forward-
looking telecommunications policy which creates an enabling framework for development of this
industry3.

New Telecom Policy 1999:

Telecommunications is now universally recognized as one of the prime movers of the modem
economy: hence it's vital importance for a developing country like India. The availability of
adequate infrastructure facilities are critical for acceleration of the economic development of any
country. In fact, international studies have established that for every 1% increase in tele-density,
there is a 3% increase in the growth of GDP.

3 https://main.trai.gov.in/about-us/acts-policies/new-telecom-policy-1999
Accordingly, the Government of India has accorded the highest priority to investment and
development of the telecommunications sector. Telecom requires very heavy investment and it
was not possible for the Indian Government to organize public funding of this sector on such a
massive scale. In fact, the national telecom Policy 1994, estimated a resource gap of Rs. 23,000
crores to meet the telecom targets of the eighth five-year plan of the Government of India (1992-
1997).

It was for this reason to bridge the resource gap between government funding and the total
projected funds requirement and to provide the additional resources to achieve the nation's
telecom targets that the telecommunications sector was liberalized in 1992 and the Government
invited private sector participation in telecommunications.

Telecom mobile services were one of the first areas to be opened up to private competition. The
whole country was divided into the 4 metropolitan cities of and 19 telecom circles, which were
roughly analogous with the States of India.

Telecom Licenses were awarded to the private sector - first in the metropolitan cities of Delhi,
Mumbai, Kolkata and Chennai in 1994 and then in the 19-telecom circles in 1995. The first
metro telecom network started operating in August 1995 in Calcutta.

When telecom mobile services were first introduced in 1994 it was as a duopoly (that is a
maximum of two telecom mobile operators could be licensed in each telecom circle), under a
fixed license fee regime and for a license period of 10 years.

The initial response of the private sector was very encouraging. The attractiveness of the Indian
market - the low tele density, the high latent demand and a burgeoning middle class - brought in
some of the largest global telecom players, foreign institutional investors and the major Indian
industrial houses to invest in telecom, especially the Indian telecom industry. Telecom proved to
be a powerful attractor of foreign investment. The cumulative FDI inflow into telecom since
1993 has exceeded Rs. 43,000 Million. Within telecom, the telecom industry has attracted most
of the foreign investment since 1993, accounting for almost 50% of the FDI inflow into telecom
- representing amongst the biggest investments in any one sector in India4.

4 https://www.scribd.com/document/261919459/LITERATURE-REVIEW-docx
Annual foreign investment in telecom increased steadily from an insignificant Rs. 20.6 Million
in 1993 to Rs. 17,756.4 Million in 1998.

However, the attractiveness of the Indian market did not last for very long, as by 1997-98, the
private telecom operators were confronted with a series of problems that threatened their very
viability and survival.

As a result of this, FDI inflow into telecom dropped sharply, declining by almost 90% to Rs.
2126.7 Million in 1999. This dropped further in Year 2000 - as until June 2000, only Rs. 918
Million had flown into the country.

One of the key factors responsible for the critical state of the telecom sector & consequently also
the telecom industry was that liberalization / deregulation was undertaken in an inverted manner
vis-a-vis international practices and generally accepted norms. Usually, deregulation is preceded
by tariff rebalancing, institution of a strong and independent regulator and only then is private
sector participation invited.

In India, private sector participation was invited in 1992, the Regulatory Authority was set up in
1997 and the tariff rebalancing exercise commenced in 1999 and is still far from complete.
Further, even when the regulatory authority was set up, there was considerable ambiguity on its
powers, which resulted in virtually each and every order of the Authority being challenged by the
Licensor / incumbent. The ambiguities in the jurisdiction of TRAI resulted in a limbo in the
industry.

Another important factor was the basic approach of the Government towards liberalization.
Consumer benefit was given the go-by and the telecom sector was viewed as a revenue generator
/ cash cow for the Government exchequer.

NTP 94 was basically a good policy. It clearly identified that the primary objective of the policy
was to make available affordable telecom services. However, in actual policy implementation,
this key / fundamental objective was disregarded. Licenses were granted through an auction
process and the enthusiastic private sector deluded by the seemingly huge potential of the Indian
market was lured into bidding exorbitant sums of money for telecom licenses.
The huge license fees paid by the private operators resulted in a high cost structure leading to un-
affordable tariffs and lower growth of the market. By end-1998, the telecom industry was on the
verge of bankruptcy and at that time it appeared that the liberalization dream was over & the
nightmare had begun.

It was under the above circumstances that the Government undertook a review of telecom policy
& the role of the regulatory authority. The result was NTP 99, which was announced in March
1999 & the amendment of the TRAI Act in January 2000.

NTP 99 is an extremely forward-looking policy. It significantly changed the dynamics of the

Indian telecom industry as it not only replaced the high cost fixed licensing regime with a lower
cost licensing structure through revenue sharing, but also provides for greater degree of
competition and more flexibility in choice of technologies.

The amendments in the TRAI Act resulted in a considerable strengthening of the Regulator &
greater clarity on its role and powers. It also put in place a separate dispute settlement
mechanism in the form of the Telecom Dispute Settlement and Appellate Tribunal to
expeditiously deal with and resolve issues relating to the telecom sector. Existing private telecom
operators migrated to the new telecom policy regime with effect from August 1999. There can be
no doubt that migration to a more beneficial regime translated into tangible consumer benefits -
lower tariffs, greater subscriber uptake & increased coverage.

Telecom tariffs have dropped by over 90% since May 1999 - a feat unparalleled by any other
sector or industry in India. The average airtime tariff in Year 2001 was prevailing around Rs. 2
per minute as against the peak ceiling tariff of Rs. 16.80 per minute when NTP 99 was
announced.

Parallel, there has also been a significant drop in the cost of mobile handsets. Telecom handsets
that were available for around Rs. 25-30,000 in the initial days of telecom have now dropped
significantly, with a base level handset being available for as little as Rs. 2,000 upwards. This
has come about as a result of increased volumes and some degree of rationalization of
government levies.
As a result of improved affordability, there an increased take-up of the service and the telecom
operators were able to venture into more and more cities & towns of the country. In fact, telecom
services are now available in almost 1400 cities & towns of India.

With the lower tariffs and increased coverage, there was also a resultant increase in the number
of telecom subscribers. The point of inflexion for subscriber take-off is clearly post NTP-99.
From 1.2 million subscribers in April 1999, to almost 2 million by April 2000, the number of
telecom subscriber has now grown to almost 6.5 million by the end of March 2002.

By March 2001, the industry had invested nearly Rs. 16,000 crores in telecom infrastructure and
it is estimated that these investments will grow to Rs. 20,000 crores in the next 4-5 years.

The year 2001 also saw the entry of BSNL and MTNL as the third telecom operators as had been
mandated in NTP 99. Further, in July 2001, telecom licenses were awarded to the 4th telecom
operators in different telecom circles. With this the number of telecom operators has gone up to
89 licenses.

As of March 2002, the Indian telecom mobile industry had 42 networks on air, serving over 1400
towns and cities and covering thousands of villages and serving almost 6.5 million subscribers
across the country.

The quality of the service is widely accepted to be of international standards and till date there
has been no waiting period involved in availing of this service.

The telecom industry has been growing at an average rate of 85% per annum and it is hoped that
the industry will be able to sustain this growth in the coming years. The Working Group on the
Telecom Sector set up by the Government of India for the tenth five-year plan, has estimated that
over the next five years, around 31.55 million telecom subscribers would be added all over India.
To achieve this growth, the Working Group has also estimated that resources to the tune of about
Rs. 25,240 crores will be required over the next five years.

However, to attract foreign investments into India, it is imperative to ensure the predictability
and stability of the policy and regulatory regime of the country. Policy flip-flops & regulatory
ambiguity have plagued the Indian telecom sector since the introduction of privatization. This
has had the unhappy result of putting the entire sector into a state of limbo as investors – both
foreign & domestic await clarity on the final direction that the policy will take. In the meantime,
foreign investors, who have not committed themselves to the Indian market, will divert their
interest & investments to competing and more attractive FDI destinations.

Further, for the industry to attract the requisite investments and to reach the growth targets set for
the tenth five-year plan, it is imperative that a few crucial industry issues that have been plaguing
the industry be resolved on an urgent footing. This includes most importantly:

The early resolution of the dispute relating to the recent permission granted to fixed operators to
offer WLL based mobile services without a mobile license and under the more advantageous
terms of their fixed service license.
 CHAPTER 3
GOVERNMENT BODIES

Ministry of Communications: (MOC)

All the operator of this sector comes under the purview of MOC, it is responsible for all major
policy changes, planning, supervision, spectrum control etc.

Department of Telecommunication: (DOT)

DOT was formed in 1985 when the department of posts and Telecommunication was separated
into department of posts and Telecommunication. Till 1986. it was only telecom services
provider in India. It played a role beyond services provider by acting as a policy maker, planner,
developer as well as implemented body. In spirit of being profitable. non-corporate entity status
ensured that it did not have to pay taxes. DOT depends on government for its expansion plans
and funding. Its pivotal role in the Indian telecom sector has got diluted after formation of
TRAI5.

Telecom Regulatory authority of India: (TRAI)

TRAI was set up in 1997 by the government of India. The Telecommunication Regulatory
Authority of India acts as an independent regulator of the business of telecommunications in the
country.
TRAI consists of a chairperson, 2 whole time members, and 2 part time members. The
chairperson of Telecommunication Regulatory Authority of India is Sh. Nripendra Misra, the
whole-time members are Sh. A. K. Sawheny and Sh. R. N. Prabhakar, and the part time members
are Dr. Rajiv Kumar and Prof. N. Balakrishnan. The mission of TRAI (Telecommunication
Regulatory Authority of India) is to create and nurture such conditions that encourage the growth
of the telecommunications sector in India so that the country can play an important role in the
world telecommunications society. The main objective of TRAI is to form a transparent and fair
policy environment that encourages fair competition6.

Cellular operators association of India: (COAI)

5 https://www.scribd.com/document/261919459/LITERATURE-REVIEW-docx
6 https://www.lawctopus.com/academike/competition-law-telecom-sector/
To establish and sustain world class telecom infrastructure and deliver the benefits of affordable
mobile communication services to the people of India. The cellular operators association of India
was constituted in 1995 as a registered, non-profit, non-governmental society dedicated to the
advancement of communication in particular of modern communication through Telecom
Mobile Telecom Services.

The main objective of COAI is to protect, promote and upgrade mobile telecom operations in
India and also to look after the common and collective interest of its members.

COAI has emerged as the official voice of the India Telecom Industry and interacts directly with

1. The Policy Maker:

The ministry of communications and IT

2. The licensor:
The department of Telecommunications

3. The Regulator:
The telecom regulatory Authority of India

4. The Spectrum Management Agency:

Wireless Planning and Coordination Wing

5. The Incumbent PTT & National Long-Distance Operator:

Bharat Sanchar Nigam Ltd

6. The Incumbent International Long-Distance Operator:

Videsh Sanchar Nigam Ltd
Private Sector Participants in Telecom

7. Apex chamber of Commerce:

Confederation of Indian Industry
 CHAPTER 4
TELECOM REGULATORY AUTHORITY OF INDIA

Telecom Regulatory Authority of India (TRAI) is an independent regulatory body established by

the Telecom Regulatory Authority of India Act 1997 to oversee the telecommunications industry
in India. TRAI is charged with ensuring the orderly growth of the telecom sector while
protecting the interests of both telecom service providers and consumers. It encourages
technological improvements and makes recommendations for how providers can improve
efficiency and technical compatibility. To that end, TRAI establishes standards for quality of
service (QoS) and supervises how service providers share revenue. TRAI also conducts
periodical surveys to ensure that telecom service providers are acting in the best interest of
consumers and are operating in compliance with universal service obligations 7. The entry of
private service providers brought with it the inevitable need for independent regulation. The
Telecom Regulatory Authority of India (TRAI) was, thus, established with effect from 20 th
February 1997 by an Act of Parliament, called the Telecom Regulatory Authority of India Act,
1997, to regulate telecom services, including fixation/revision of tariffs for telecom services
which were earlier vested in the Central Government. TRAI's mission is to create and nurture
conditions for growth of telecommunications in the country in a manner and at a pace which will
enable India to play a leading role in emerging global information society. One of the main
objectives of TRAI is to provide a fair and transparent policy environment which promotes a
level playing field and facilitates fair competition. In pursuance of above objective TRAI has
issued from time to time a large number of regulations, orders and directives to deal with issues
coming before it and provided the required direction to the evolution of Indian telecom market
from a Government owned monopoly to a multi operator multi service open competitive market 8.
The directions, orders and regulations issued cover a wide range of subjects including tariff,
interconnection and quality of service as well as governance of the Authority. The TRAI Act was
amended by an ordinance, effective from 24 January 2000, establishing a Telecommunications
Dispute Settlement and Appellate Tribunal (TDSAT) to take over the adjudicatory and disputes
functions from TRAI. TDSAT was setup to adjudicate any dispute between a licensor and a

7 https://whatis.techtarget.com/definition/Telecom-Regulatory-Authority-of-India-TRAI
8 https://www.nisg.org/trai-vacancies
licensee, between two or more service providers, between a service provider and a group of
consumers, and to hear and dispose of appeals against any direction, decision or order of TRAI.9

OBJECTIVES OF TRAI

The main objective of the Telecom Regulatory Authority of India Act, 1997 (TRAI Act) was to
establish the Telecom Regulatory Authority of India (TRAI) and Telecom Dispute Settlement
Appellate Tribunal (TDSAT). The main purpose of these two institutions established under the
TRAI Act is to regulate telecommunication services, adjudicate disputes, dispose appeals and
protect the interest of the service providers as well as the consumers. The Act also aims at
promoting and ensuring orderly growth of the telecom sector. A bill to establish a non-statutory
telecom regulator was proposed in the Parliament by the Government through an amendment to
the Indian Telegraph Act, 1985. However, this proposal was dropped by the Parliament because
several Members of the Parliament argued ordinance issued in 1997, later it was ratified by the
Parliament by enacting the TRAI Act. Subsequently, TRAI Act went through major amendments
in the year 2000.

● Amendment to the TRAI Act

The TRAI Act was amended through the TRAI (Amendment) Act, 2000 (“Amendment
Act”). Before the amendment, TRAI exercised both regulatory and dispute resolution
functions. The Amendment Act established the Telecom Dispute Settlement Appellate
Tribunal to solely deal with relevant disputes. There was ambiguity in the Act as to
whether TRAI recommendations are binding upon the Government; this was clarified by
the Amendment Act.

● Independent Telecom Regulatory Authority

In Delhi Science Forum v. Union of India’, the Supreme Court while deciding on the
constitutionality of the National Telecom Policy, 1994 observed that it is necessary that
the
telecom regulator should be an independent body10. National Telecom Policy, 1994
allowed for private participation in the telecommunication sector, and in the light of this

9 https://main.trai.gov.in/about-us/history
10 https://cis-india.org/telecom/resources/trai-act-1997
 policy change the Supreme Court also emphasized on the necessity of an independent
statutory authority in a deregulated and competitive telecom market.
FUNCTIONS OF TRAI

The recommendations made by the TRAI are not binding on the Central Government. However,
the Central Government has to mandatorily ask for recommendations from TRAI with respect to
need and timing of new service provider and terms and conditions of the licence to be granted to
the service provider. TRAI has the obligation to forward the recommendation to the Central
Government within 60 days from the date of the request for recommendation. TRAI may also
request for relevant information or documents from the Central Government to make such
recommendations and the Central Government has to furnish such information within seven days
from the date of the request." The Central Government can issue licence to the service provider,
if TRAI fails to give any recommendation within the stipulated period. Where the Central
Government is of the opinion that the recommendations made by TRAI cannot be accepted or
need modification, then it can send them back to TRAI for reconsideration. TRAI may reply
within a period of 15 days from the date of reference. TRAI also has the power to notify in the
official gazette the rates at which telecommunication services are being provided in and outside
India. TRAI shall ensure transparency while exercising its powers and discharging its functions.
TRAI under Section 2 has the power to call for information and conduct investigation. It also has
got powers to issue directions under Section 13.
 CHAPTER 5
TELECOM DISPUTES SETTLEMENT APPELLATE TRIBUNAL

The Telecom Dispute Settlement Appellate Tribunal (Tribunal) is established under Section 14
of the Act. It is the sole dispute resolution body in the communication sector. It can adjudicate
upon any dispute between:

1. Licensor (Central Government) and a licensee.

2. Two or more service providers
3. Between a service provider and a group of consumers.

However, the Tribunal does not have any jurisdiction to try any matter which deals with anti-
competitive trade practices or any consumer complaint11.

Grounds and Procedures for Appeal to the Tribunal (Section 14A)

The Central Government, State Government, any local authority or any person can approach the
Tribunal for adjudication on matters related to dispute between parties mentioned above i.e.

1. It can make recommendation either on its own accord or on the request of the
Government on the following matters:
o Need and timing of new service provider.
o Terms and conditions of the license which may be granted to the service provider.
o Revocation of license for not following the term and conditions of the license.
o Measures to facilitate competition in the market and promote efficiency and
growth in the telecom sector.
o Type of equipment to be used by service provider.
o Technological improvements in the services.
o Measure for development of telecommunication technology.
o Spectrum management.

11 https://cis-india.org/telecom/resources/trai-act-1997
 2. The TRAI also has to discharge certain functions apart from making recommendations to
the Government:
o Ensure compliance with the terms and conditions of the license
o Fix the terms and conditions of inter-connectivity between service providers.
o Ensure technical compatibility and effective inter-connection between different
service providers.
o Regulate any arrangement between services providers for sharing of revenue
derived from providing telecommunication services.
o Lay down standards for quality of service and also ensure and conduct perioral
survey as to implementation of standards for quality of service.
o Lay down and ensure the time period for implementing local and long-distance
circuits of telecommunication between different service providers.
o Maintain register of interconnect agreements between service providers and such
register should be made available to any member of the public for inspection on
payment of a fee.
o Ensure effective compliance with the universal service obligations.
o Levy fees and charges at such rate and for services as determined by regulations12.

However, the Tribunal does not have any jurisdiction to try any matter which deals with anti -
competitive trade practices or any consumer complaint.

● The Central Government, State Government, any local authority or any person can

approach the Tribunal for adjudication on matters related to dispute between parties
mentioned above.

● An appeal can be referred to the Tribunal in case any party is aggrieved by the decision

of TRAI. However, such appeal has to be made to the Tribunal within 30 days from the
date on which the party receives a copy of the decision or direction given by TRAI.
However, the Telecom Tribunal may condone the delay provided that there is a
reasonable ground justifying the delay.

12 https://cis-india.org/telecom/resources/trai-act-1997
 ● The Tribunal will pass an order after giving an opportunity to be heard, to the parties to

the dispute.

● The Tribunal is also obligated to send a copy of the order passed by it to TRAI.

● In case of appeal from the decision of TRAI, the Tribunal should try to dispose of the

case at the earliest and try to give a decision within 90 days from the date of appeal.

Composition of the Tribunal (Section 14B)

The Tribunal consists of a chairperson and two other members, appointed by the Central
Government. Selection of chairperson and the two members is done in consultation with Chief
Justice of India.

Qualification and term: of office of the Chairperson and Members

The minimum qualification for a Chairperson is that he is or has been a judge of the Supreme
Court or a Chief Justice of a High Court and the minimum qualification for a member is that he
should have been at the post of a secretary to the Central Government or at any equivalent post in
the Central Government. A person can also be qualified as a member of the Tribunal if he has
held the position of Secretary under the State Government for a period more than two years and
has knowledge and experience in technology, telecommunication, industry, commerce or
administration13.
Term of Office

The Chairperson can hold office till he attains the age of 70 or completes three years, whichever
is earlier. The members of the Tribunal can hold office till they attain the age of 65 years or
complete three years, whichever is earlier.

Procedure of the Tribunal

Procedure and powers of the Tribunal is laid down under section 16 of the TRAI Act. The Civil
Procedure Code, 1908 which lays down the procedure of the conventional courts is not

13 https://cis-india.org/telecom/resources/trai-act-1997
applicable to the Tribunal. An appeal from the Tribunal’s final order in a matter can be directly
referred to the Supreme Court under section 18 of the TRAI Act. However, in the circumstance
where the Tribunal has passed an order with the consent of the parties to the dispute, no appeal
can be made to any court or tribunal. Within five years of its creation the Tribunal has already
decided 400 cases consisting of complex questions of law.

CHAPTER 6
CONCLUSION

Telecom Regulatory Authority Act of India act was established to settle the dispute of telecom
service and it also provides lots of benefits and schemes to the customers for their benefits for
the public interest. The TRAI's main mission is to create and nurture conditions for growth of
telecommunications in the country in a manner and at a pace which will enable India to play a
leading role in emerging global information society. It helps people in many sectors by providing
the communication as instrument. One of the main objectives of TRAI is to provide a fair and
transparent policy environment which promotes a level playing field and facilitates fair
competition. In pursuance of these objective TRAI has issued from time to time a large number
of regulations, orders and directives to deal with issues coming before it and provided the
required direction to the evolution of Indian telecom market from a Government owned
monopoly to a multi operator multi service open competitive market. The directions, orders and
regulations issued cover a wide range of subjects including tariff, interconnection and quality of
service as well as governance of the Authority. This act aims to regulate telecommunication
services, adjudicate disputes, dispose appeals and protect the interest of the service providers as
well as the consumers. The Act also aims at promoting and ensuring orderly growth of the
telecom sector. TRAI has influenced the market of telecommunication which has become a large
sector of business also and apart from that it has created an environment of communication for
India to not only connect within the nation but also with the world.
BIBLIOGRAPHY
1. Act

● Telecom Regulatory Authority of India Act, 1997

2. Website

● www.lawteacher.in

● www.ijltin

● www.cis-india.org

● www.whatis.techtarget.com

● https://main.trai.gov.in/about-us/acts-policies/new-telecom-policy-1999