New Telecom Policy 1999
March 30, 1999
New Delhi
7.0 Role of Regulator
The Telecom Regulatory Authority of India
(TRAI) was formed in January 1997 with a view to provide an effective regulatory framework
and adequate safeguards to ensure fair competition and protection of consumer interests.
The Government is committed to a strong and independent regulator with comprehensive
powers and clear authority to effectively perform its functions.
Towards this objective the following approach will be adopted:
- Section 13 of the TRAI Act gives adequate powers to TRAI to
issue directions to service providers. Further, under Section 14 of the Act, the TRAI has
full adjudicatory powers to resolve disputes between service providers. To ensure a level
playing fields, it will be clarified that the TRAI has the powers to issue directions
under Section 13 to Government (in its role as service provider) and further to adjudicate
under Section 14 of the Act, all disputes arising between Government (in its role as
service provider) and any other service provider.
- TRAI will be assigned the arbitration function for resolution
of disputes between Government (in its role as licensor) and any licensee.
- The Government will invariably seek TRAI’s
recommendations on the number and timing of new licences before taking decision on issue
of new licenses in future.
- The functions of licensor and policy maker would continue to
be discharged by Government in its sovereign capacity. In respect of functions where TRAI
has been assigned a recommendatory role, it would not be statutorily mandatory for
Government to seek TRAI’s recommendations.
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