TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997
24 of 1997
March 28, 1997
An Act to provide for the establishment of the Telecom Regulatory Authority of India to regulate the telecommunication services, and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Forty-eighth Year of the Republic of India as follows: -
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Telecom Regulatory Authority of India Act, 1997.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 25th day of January, 1997.
SECTION 02: DEFINITIONS
(1)In this Act, unless the context otherwise requires, -
(a) "appointed day" means the date with effect from which the Authority is established under sub -section (1) of section 3-;
(b) "Authority" means the Telecom Regulatory Authority of India established under sub -section (1) of section 3; -
(c) "Chairperson" means the Chairperson of the Authority appointed under sub Section (3) of section 3; -
(d) "Fund" means the Fund constituted under sub -section (1) of section 22;-
(e) "licensee" means any person licensed under sub -section (1) of section 4 of the Indian Telegraph Act, 1885 -(13 of 1885) for providing specified public telecommunication services;
(f) "member" means a member of the Authority appointed under sub - section (3) of section 3-and includes the Chairperson and the Vice -
Chairperson;
(g) "notification" means a notification published in the Official Gazette;
(h) "prescribed" means prescribed by rules made under this Act;
(i) "regulations" means regulations made by the Authority under this Act;.
(j) "service provider" means the Government and includes a licensee;
(k) "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio tax services, video tax services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means but shall not include broadcasting services.
(2) Words and expressions used and not defined in this Act but defined in the Indian Telegraph Act, 1885-(13 of 1885) or the Indian Wireless Telegraphy Act, 1933-(13 of 1933) shall have the meanings respectively assigned to them in those Acts.
(3) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall in relation to that State be construed as a reference to the corresponding law, if any, in that State.
SECTION 03: ESTABLISHMENT AND INCORPORATION OF AUTHORITY
(1) With effect from such date as the Central Government may, by notification appoint, there shall be established, for the purposes of this Act, an Authority to be called the Telecom Regulatory Authority of India.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(3) The Authority shall consist of a Chairperson, and not less than two, but not exceeding six members, to be appointed by the Central Government.
(4) The head office of the Authority shall be at New Delhi.
SECTION 04: QUALIFICATIONS FOR APPOINTMENT OF CHAIRPERSON AND OTHER MEMBERS
(1) The Chairperson shall be a person who is or has been a Judge of the Supreme Court or who is or has been the Chief Justice of a High Court.
(2) A member shall be a person who has special knowledge of, and professional experience in, telecommunication, industry, finance, accountancy, law, management and consumer affairs : Provided that a person who is or has been in the service of
Government shall not be appointed as a member unless such person has held the post of Secretary or Additional Secretary, or the post of Additional Secretary and Secretary to the Government of India or any equivalent post in the Central Government or the State Government for a period of three years.
SECTION 05: TERM OF OFFICE CONDITIONS OF SERVICE, ETC., OF CHAIRPERSON AND OTHER MEMBERS
(1) Before appointing any person as the Chairperson or member, the Central Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such member.
(2) The Chairperson shall hold office for a term of five years from the date on which he enters upon his office.
(3) A member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
(4) The employee of the Government on his selection as member shall have to retire from service before joining as a member.
(5) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and other members shall be such as may be prescribed.
(6) The salary, allowances and other conditions of service of the Chair- person or, of a member shall not be varied to his disadvantage after appointment.
(7) Notwithstanding anything contained in sub-section (2) or sub-section (3), a member may-
(a) relinquish his office by giving in writing to the Central Government notice of not less than three months; or
(b) bereaved from his office in accordance with the provisions of Section 7-.
(8) The Chairperson or any other member ceasing to hold office as such, shall-
(a) be ineligible for further employment under the Central Government or any State Government; or
(b) not accept any commercial employment, for a period of two years from the date he ceases to hold such office.
(9) A vacancy caused to the office of the Chairperson or any other member shall be filled up within a period of three months from the date on which such vacancy occurs. Explanation.-For the purposes of this section, "commercial employment" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in any field and includes also a director of a company or partner of a firm and it also includes setting up practice either independently or as partner of a firm or as an adviser or a consultant.
SECTION 06: POWERS OF CHAIRPERSON AND VICE CHAIRPERSON
(1) The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such powers and functions of the Authority and shall discharge such other powers and functions as may be prescribed.
(2) The Central Government may appoint one of the members to be a Vice- Chairperson of the Authority who shall exercise and discharge such powers and functions of the Chairperson as may be prescribed or as may be delegated to him by the Authority.
SECTION 07: REMOVAL AND SUSPENSION OF MEMBER FROM OFFICE IN CERTAIN CIRCUMSTANCES
(1) The Central Government may remove from office any member, who,-
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest.
(2) Notwithstanding anything contained in subjection (1), no member shall be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the Central Government, has, on an enquiry, held by it in accordance with such procedure as prescribed in this behalf, reported that the member ought on such ground or grounds to be removed.
(3) The Central Government may suspend from office a member in respect of whom a reference has been made to the Supreme Court under sub-section (2) until the Central Government has passed an order or receipt of the report of the Supreme Court on such reference.
SECTION 08: MEETINGS
(1) The Authority shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be provided by regulations.
(2) The Chairperson or, if for any reason, he is unable to attend a meeting of the Authority, Vice-Chairperson and in his absence, any other member chosen by the members present from amongst themselves at the meeting shall preside at the meeting.
(3) All questions which come up before any meeting of the Authority shall be decided by a majority vote of the members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding, shall have a second or casting vote.
(4) The Authority may make regulations for the transaction of business at its meetings.
SECTION 09: VACANCIES, ETC., NOT TO INVALIDATE PROCEEDINGS OF AUTHORITY
-No act or proceedings of the Authority shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of, the Authority; or
(b) any defect in the appointment of a person acting as a member of the Authority or
(c) any irregularity in the procedure of the Authority not affecting the merits of the case.
SECTION 10: OFFICERS AND OTHER EMPLOYEES OF AUTHORITY
(1) The Authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The salary and allowances payable to and the other conditions of service of the officers and other employees of the Authority appointed under sub-section (1) shall be such as may be determined by regulations.
SECTION 11: FUNCTIONS OF AUTHORITY
(1) Notwithstanding anything contained in the Indian Telegraph Act, 1885-(13 of 1885), the functions of the Authority shall be to-
(a) recommend the need and timing for introduction of new service provider;
(b) recommend the terms and conditions of licence to a service provider:
(c) ensure technical compatibility and effective inter -connection between different service providers;
(d) regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services;
(e) ensure compliance of terms and conditions of licence;
(f) recommend revocation of licence for non-compliance of terms and conditions of licence;
(g) lay down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers;
(h) facilitate competition and promote efficiency in the operation of telecommunication services so as .to facilitate growth in such services;
(i) protect the interest of the consumers of telecommunication service;
(j) monitor the quality of service and conduct the periodical survey of such provided by the service providers;
(k) inspect the equipment used in the network and recommend the type of equipment to be used by the service providers;
(l) maintain register of interconnect agreements and of all such other matters as may be provided in the regulations; .
(m) keep register maintained under clause (1) open for inspection to any member of public on payment of such fee and compliance of such other requirements as may be provided in the regulations;
(n) settle disputes between service providers;
(o) render advice to the Central Government in the matters relating to the development of communication technology and any other matter relatable to telecommunication industry in general;
(p) levy fees and other charges at such rates and in respect of such services as may be determined by regulations;
(q) ensure effective compliance of universal service obligations;
(r) perform such other functions including such administrative and financial functions as may be entrusted to it by the Central Government or as may be necessary to carry out the provisions of this Act
(2) Notwithstanding anything contained in the Indian Telegraph Act, 1885-(13 of 1885), the Authority may, from time to time, by order, notify in the Official Gazette the rates at which the telecommunication services within India and outside India shall be provided under this Act including the rates at which messages shall be transmitted to any country outside India : Provided that the Authority may notify different rates for different persons or class of persons for similar telecommunication services and where different rates are fixed as aforesaid the Authority shall record the reasons therefor.
(3) While discharging its functions under sub-section (1), the Authority shall not act against the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality.
(4) The Authority shall ensure transparency while exercising its powers and discharging its functions.
SECTION 12: POWERS OF AUTHORITY TO CALL FOR INFORMATION, CONDUCT INVESTIGATIONS, ETC
(1) Where the Authority considers it expedient so to do, it may, by order in writing,-
(a) call upon any service provider at any time to furnish in writing such information or explanation relating to its affairs as the Authority may require; or
(b) appoint one or more persons to make an inquiry in relation to the affairs of any service provider; or
(c) direct any of its officers or employees to inspect the books of account or other documents of any service provider.
(2) Where any inquiry in relation to the affairs of a service provider has been undertaken under sub-section (1),-
(a) every officer of the Government Department, if such service provider is a department of the Government;
(b) every director, manager, secretary or other officer, if such service provider is a company; or
(c) every partner, manager, secretary or other officer, if such service provider is a firm; or
(d) every other person or body of persons who has had dealings in the course of business with any of the persons mentioned in clauses (b) and (c) shall be bound to produce before the Authority making the inquiry, all such books of account or other documents in his custody or power relating to, or having a bearing on the subject-matter of such inquiry and also to furnish to the Authority with any such statement or information relating thereto, as the case may be, required of him, within such time as may be specified.
(3) Every service provider shall maintain such books of account or other documents as may be prescribed.
(4) The Authority shall have the power to issue such directions to service providers as it may consider necessary for proper functioning by service providers.
SECTION 13: POWER OF AUTHORITY TO ISSUE DIRECTIONS
The Authority may, for the discharge of its functions under sub-section (1) of section 11-, issue such directions from time to time to the service providers, as it may consider necessary.
SECTION 14: AUTHORITY TO SETTLE DISPUTES
(1) If a dispute arises, in respect of matters referred to in sub-section (2), among service providers or between service providers and a group of consumers, such disputes shall be adjudicated by bench constituted by the Chairperson and such bench shall consist of two members: Provided that if the members of the bench differ on any point or points they shall state the point or points on which they differ and refer the same to a third member for hearing on such point or points and such point or points shall be decided according to the opinion of that member.
(2) The bench constituted under sub-section (1) shall exercise, on and from the appointed day all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court on any matter relating to-
(i) technical compatibility and inter-connections between service providers;
(ii) revenue sharing arrangements between different service providers;
(iii) quality of telecommunication services and interest of consumers : Provided that nothing in this sub-section shall apply in respect of matters relating to -
(a) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of Section 5 of the Monopolies and Restrictive Trade Practices Act, 1969 -(54 of 1969);
(b) the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under Section 9 of the Consumer Protection Act, 1986 -(68 of 1986);
(c) dispute between telegraph authority and any other person referred to in sub-section (1) of section 7 -B of the Indian telegraph Act, 1885 -(13 of 1885).
SECTION 15: FILING OF APPLICATION TO AUTHORITY AND PROCEDURE FOR PASSING ORDER BY IT
(1) An aggrieved person may make an application in respect of matters referred to in sub-section (2) of section 14-within such period as may be prescribed. Explanation.-For the purposes of this sub-section, the expression "aggrieved person" means-
(i) any service provider who has a dispute in respect of matters referred to in clauses (i) and (ii) of sub -section (2) of section 14;-
(ii) where any loss or damages is caused to a group of consumers, any member representing such group of consumers.
(2) On receipt of an application made under sub-section (1), the Authority may, after giving the parties an opportunity of being heard, pass such orders as it thinks fit preferably within a period of six months from the date of filing of such application and shall record reasons in writing if final order cannot be passed within the said period.
(3) While arriving at a decision, the Authority shall record in writing the reasons for such decision.
(4) Every decision of the Authority shall be published in the annual report of the Authority.
(5) The orders and directions of the Authority shall be binding on the service providers. Government and all other persons concerned.
SECTION 16: PROCEDURE AND POWERS OF AUTHORITY
(1) The Authority shall be guided by the principles of natural justice.
(2) The Authority shall have, for the purpose of discharging their functions under this Chapter, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908)-in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex parte;
(g) setting aside any order of dismissal of any application for default or any order passed by it ex parte;
(h) any other matter which may be prescribed.
(3) Every proceeding before the Authority shall be deemed to be a judicial proceeding within the meaning of sections 193-and228-, and for the purpose of section 196 of the Indian Penal Code, 1860-(45 of 1860) and the Authority shall be deemed to be a civil court for all the purposes of section 195-andChapter 26 of the Code of Criminal Procedure, 1973-(2 of 1974).
SECTION 17: RIGHT TO LEGAL REPRESENTATION
The applicant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the Authority.
SECTION 18: APPEAL TO HIGH COURT
Any person aggrieved by any decision or order of the Authority may file an appeal to the High Court within thirty days from the date of communication of the decision or order of the Authority to him: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
SECTION 19: ORDERS PASSED BY AUTHORITY OR HIGH COURT TO BE EXECUTABLE AS A DECREE
Every order made by the Authority under this Act or the order made by the High Court in any appeal against any order of the Authority shall, on a certificate issued by any officer of the Authority or the Registrar of the High Court, as the case may be, be deemed to be decree of the civil court and shall be executable in the same manner as a decree of that court.
SECTION 20: PENALTY FOR WILLFUL FAILURE TO COMPLY WITH ORDERS OF AUTHORITY OR HIGH COURT
If any person willfully fails to comply with the orders of the Authority or any order of the High Court, as the case may be, he shall be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues.
SECTION 21: GRANTS BY CENTRAL GOVERNMENT
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants of such sums of money as are required to pay salaries and allowances payable to the Chairperson and the members and the administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of the Authority.
SECTION 22: FUND
(1) There shall be constituted a Fund to be called the Telecom Regulatory Authority of India General Fund and there shall be credited thereto-
(a) all grants, fees and charges received by the Authority under this Act; and
(b) all sums received by the Authority from such other sources as may be decided upon by the Central Government
(2) The Fund shall be applied for meeting-
(a) the salaries and allowances payable to the Chairperson and members and the administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of the Authority; and
(b) the expenses on objects and for purposes authorised by this Act
SECTION 23: ACCOUNTS AND AUDIT
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General of India
(3) The Comptroller and Auditor-General of India and any other person appointed by him- in connection with the audit of the accounts of the Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has, in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the officers of the Authority
(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that
Government shall cause the same to be laid before each House of Parliament
SECTION 24: FURNISHING OF RETURNS, ETC., TO CENTRAL GOVERNMENT
(1) The Authority shall furnish to the Central Government at such time and such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the telecommunication services, as the Central Government from time to time, require.
(2) The Authority shall prepare once every year in such from and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government.
(3) A copy of the report received under sub-section (2) shall be laid, as soon as may be after it is received, before each House of Parliament.
SECTION 25: POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS
(1) The Central Government may, from time to time, issue to the Authority such directions as it may think necessary in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality.
(2) Without prejudice to the foregoing provisions, the Authority shall, in exercise of its powers or the performance of its functions, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
(3) The decision of the Central Government whether a question is one of policy or not shall be final.
SECTION 26: MEMBERS, OFFICERS AND EMPLOYEES OF AUTHORITY TO BE PUBLIC SERVANTS.
All members, officers and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code, 1860-(45 of 1860).
SECTION 27: BAR OF JURISDICTION
No civil courts shall have jurisdiction in respect of any matter which the Authority is empowered by or under this Act to determine.
SECTION 28: PROTECTION OF ACTION TAKEN IN GOOD FAITH
-No suit, prosecution or other legal proceedings shall lie against the Central Government or the Authority or any officer of Central Government or any member, officer or other employees of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder
SECTION 29: PENALTY FOR CONTRAVENTION OF DIRECTIONS OF AUTHORITY
-If a person violates directions of the Authority, such person shall be punishable with fine which may extend to one lakh rupees and in case of second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues.
SECTION 30: OFFENCES BY COMPANIES
(1) Where an offence under this Act has been committed by a company, every person who at the time of the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence
(2) Notwithstanding anything contained in sub-section. (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
SECTION 31: OFFENCES BY GOVERNMENT DEPARTMENTS
(1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
SECTION 32: EXEMPTION FROM TAX ON WEALTH AND INCOME
-Notwithstanding any- thing contained in the Wealth Tax Act, 1957-(27 of 1957),the Income Tax Act, 1961-(43 of 1961), or any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the Authority shall not be liable to pay wealth tax, income tax or any other tax in respect of their wealth, income, profits or gains derived.
SECTION 33: DELEGATION
The Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the power to settle dispute under Chapter IV and to make regulation under Section 36 as it may deed necessary
SECTION 34: COGNIZANCE OF OFFENCES
(1) No court shall take cognizance of any offence punishable under this Act or the rules or regulations made thereunder, save on a complaint made by the Authority.
(2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate of first class shall try any offence punishable under this Act.
SECTION 35: POWER TO MAKE RULES
(1) The Central Government may, by notification, make rules for carrying out the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such. rules may provide for all or any of the following matters, namely:-
(a) the salary and allowances payable to and the other conditions of service of the Chairperson and members under sub-section (5) of section 5
(b) the powers and functions of the Chairperson under sub-section (2) of section 6; -
(c) the procedure for conducting an inquiry made under sub-section (2) of section 7; -
(d) the category of books of account or other documents which are required to be maintained under sub-section (3) of section 12;-
(e) the period within which an application is to be made under sub- section (1) of Section 15;-
(f) the manner in which the accounts of the Authority shall be maintained under sub -section (1) of section 23;-
(g) the time within which and the form and manner in which returns and report are to be made to the Central Government under subsections (1) and (2) of Section 24;-
(h) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules
SECTION 36: POWER TO MAKE REGULATIONS
(1) The Authority may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the fore- going power, such regulations may provide for all or any of the following matters, namely:-
(a) the times and places of meetings of the Authority and the procedure to be followed at such meetings under sub -section (1) of Section 8 including quorum necessary for the transaction of business.
(b) the transaction of business at the meetings of the Authority under sub -section (4) of section 8; -
(c) the salaries and allowances payable to and the other conditions of service of officers and other employees of the Authority under subsection (2) of section 10;-
(d) matters in respect of which register is to be maintained by the Authority under .clause (i) of sub-section (1) of section 11;-
(e) levy of fee and lay down such other requirements on fulfilment of which a copy of register may be obtained under clause (m) of subsection
(1) of section 11;-
(f) levy of fees and other charges under clause (p) of sub -section (1) of section 11 -.
SECTION 37: RULES AND REGULATIONS TO BE LAID BEFORE PARLIAMENT
-Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation
SECTION 38: APPLICATION OF CERTAIN LAWS
-The provisions of this Act shall be in addition to the provisions of the Indian Telegraph Act, 1885-(13 of 1885) and the Indian Wireless Telegraph Act, 1933-(17 of 1933) and, in particular, nothing in this Act shall effect any jurisdiction, powers and functions required to be exercised or performed by the Telegraph Authority in relation to any area falling within the jurisdiction of such Authority.
SECTION 39: POWER TO REMOVE DIFFICULTIES
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the
Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty. Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament
SECTION 40: REPEAL AND SAVING
(1) The Telecom Regulatory Authority of India Ordinance, 1997 (Ordinance 11 of 1997) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL (FORM, VERIFICATION AND THE FEE FOR FILING AN APPEAL) RULES, 2003
In exercise of the powers conferred by sub-sec. (1) read with clause (da) of sub-sec. (2) of Sec. 35 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Central Government hereby makes the following rules, namely :—
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Telecom Disputes Settlement and Appellate Tribunal (Form, Verification and the Fee for filing an Appeal) Rules, 2003.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITIONS
(1) In these rules, unless context otherwise requires,—
(a) "Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
(b) "Appellate Tribunal" means the Telecom Disputes Settlement and Appellate Tribunal established under sec. 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).
(2) The words and expressions used and not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.
RULE 03: THE FORM AND VERIFICATION WHILE FILING AN APPEAL
—The form of filing an appeal under sub-sec. (2) of Sec. 14-A of the Act and its verification shall be in the format specified in Form A appended to these rules.
RULE 04: FEE FOR FILING AN APPEAL
(1) The fee accompanied with an appeal filed under sub-sec. (2) of Sec. 14-A of the Act shall be Rs. 10,000/- (Rupees ten thousand only) where the respondents are less than four and in the case of four or more respondents the said fee shall be increased by Rs. 50/- (Rupees fifty only) per respondent exceeding three in number and shall be in the form of demand drafts in favour of Drawing and Disbursing Officer, Telecom Disputes Settlement and Appellate Tribunal and payable at the place of the Bench of the Appellate Tribunal:
Provided that the Chairperson of the Appellate Tribunal may at his discretion, either reduce or waive fee payable for filing of appeal.
RULE 05: PROCEDURE FOR SERVICE OF NOTICES
(1) All notices required to be served in accordance with the orders of the Appellate Tribunal shall be served in the manner
specified in sub-rules (2) (3) and (4).
(2) The service of a notice shall be made by hand delivery (Dasti) by the appellant or respondent, as the case may be, or by a process server or by registered post with acknowledgment due or by speed post or by such courier service or by any other means of transmission of documents (including fax message), as the case may be, and the notice shall be addressed to the respondent or to the appellant, as the case may be.
(3) When an acknowledgment or any other receipt purporting to be signed by the respondent or his agent or by the appellant or his agent, as the case may be, is received by the Appellate Tribunal or postal article containing the notice is received back with an endorsement purporting to have been made by a postal employee or by any person author- ised by the courier service to the effect that the respondent or his agent or the appellant or his agent, as the case may be, had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-rule (2) when tendered or transmitted to him, the Appellate Tribunal shall declare that the notice had been duly served on the opposite party or to the appellant:
Provided that where the notice was properly addressed, pre-paid and duly sent by registered post with acknowledgment due, a declaration referred to above, shall be made notwithstanding the fact that the acknowledgment has been lost or mislead, or for any other reason has riot been received by the Appellate Tribunal within thirty days from the date of issue of notice.
(4) All notices required to be served on the respondent or the appellant shall be deemed to be sufficiently served, if served in the manner specified in sub-rule (2) and (3) on the address in the case of a respondent to the place where business or profession is carried by the respondent and in case of an appellant where the appellant actually and voluntarily resides or carries on business.
TELECOM REGULATORY AUTHORITY OF INDIA (PROCEDURE FOR CONDUCTING INQUIRY AGAINST A MEMBER) RULES, 1999
In exercise of the powers conferred by sub-section (1), read with clause (c) of sub-section (2) of
Section 35of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Central Government hereby makes the following rules regulating the procedure for conducting inquiry against a Member of the Telecom Regulatory Authority of India, namely :-
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Telecom Regulatory Authority of India (Procedure for Conducting Inquiry Against a Member) Rules, 1999.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITIONS
(1) In these rules unless the context otherwise requires,-
(a) "Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
(b) "Judge" means a Judge of the Supreme Court appointed for conducting an inquiry under Rule 3;
(2) Words and expressions used and not defined in these rules but defined in the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), shall have the meanings respectively assigned to them in that Act.
RULE 03: JUDGE TO CONDUCT INQUIRY
(1) Whenever the Central Government is of the opinion that there are reasonable grounds for making an inquiry against a member under sub- section (2) of section 7-of the Act, into truth of any imputation of acquisition of such financial or other interest as is likely to affect prejudicially his functions as a member or abuse of his position as to render his continuance in office prejudicial to the public interest, it may, after consulting the Chief Justice of India, by notification in the Official Gazette, appoint a Judge for the purpose of conducting such inquiry.
(2) Notice of appointment of a Judge under sub-rule (1) shall also be given to such member.
RULE 04: POWERS OF THE JUDGE
(1) The Judge shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and shall have power to regulate his own procedure including the fixing of places and times of his enquiry.
(2) The Judge shall have, for the purposes of discharging his functions under these rules, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits; and
(d) subject to the provisions of Sections 123 -and124 of the Indian Evidence Act, 1872 -(I of 1872), requisitioning any public record or document or copy of such record or document from any office.
TELECOM REGULATORY AUTHORITY OF INDIA (MISCELLANEOUS) RULES, 1999
In exercise of the powers conferred under sub-section (1) of Section 35read with clause (h) of sub-section (2) of that section of the Telecom Regulatory Authority of India Act, 1997(24 of 1997), the Central Government hereby makes the following rules, namely :-
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Telecom Regulatory Authority of India (Miscellaneous) Rules, 1999.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITIONS
-In these rules, -
(a) "Act" means the Telecom Regulatory Authority of India Act, 1997-(24 of 1997);
(b) Words and expressions used in these rules shall have the same meaning respectively assigned to them in the Act.
RULE 2A
In the matter of creation of posts and appointments relating to the officers and other employees of Authority, the Authority shall follow the principles and pattern contained in the rules and guidelines applicable to the equivalent posts in the Central Government and the provisions in the budgetary allocation of the Authority.
RULE 3
In any matter with respect to which no specific rules or regulations have been made under the Act, the rules, orders and Instructions made or issued by the Central Government with respect to such matter, shall be applicable to the Authority.
TELECOM REGULATORY AUTHORITY OF INDIA (FORM OF ANNUAL STATEMENT OF ACCOUNTS AND RECORDS) RULES, 1999
G.S.R. 236(E).-In exercise of the powers conferred by Sec. 35read with sub-sec. (1) ofSec. 23 of the Telecom Regulatory Authority of India Act, 1997 (No. 24 of 1997), the Central Government, in consultation with the Comptroller and Auditor General of India, hereby makes the following rules, namely:-
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Telecom Regulatory Authority of India (Form of Annual Statement of Accounts and Records) Rules, 1999.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: IN THESE RULES, UNLESS THE CONTEXT OTHERWISE REQUIRES
(a) "Act" means the Telecom Regulatory Authority of India Act, 1997 (No. 24 of 1997)-;
(b) "Schedule" means a Schedule appended to the Form:
(c) "Authority means the Telecom Regulatory Authority of India;
(d) "Form" means a form appended to these rules:
(e) All other words and expressions used in these rules but not defined, and defined in the Act shall have the same meanings respectively assigned to them in the Act.
RULE 03: ANNUAL STATEMENT OF ACCOUNTS AND OTHER RELEVANT RECORDS
- At the end of a period of twelve months ending with 31st March of every year, the Authority shall prepare an Income and Expenditure Account and a Receipt and Payment Account for the period and a Balance Sheet as at the last day of that period in the Forms specified below:
(a) Receipt and Payment account in Form 'A';
(b) Income and Expenditure Account in Form 'B'.
(c) Balance Sheet in Form 'C'
RULE 4 .
The Authority shall preserve the Balance Sheet, Income and Expenditure Account and Receipt and Payment Account prepared under Rule 3-above for a minimum period of five years.
RULE 5 AUTHORISED SIGNATORY
-The Receipt and Payment Account, Income and Expenditure Account and the Balance Sheet mentioned inRule 3-above shall be signed by the Joint Secretary (Finance & Accounts), Secretary, Member and Chairperson.
TELECOM REGULATORY AUTHORITY OF INDIA (ANNUAL REPORT AND RETURNS) RULES, 1999
10th February, 1999
G.S.R. 80 (E), New Delhi, the 10th February, 1999. - In exercise of the powers conferred by clause (g) of sub-section 2 of section 35 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Central Government hereby makes the following rules, namely :-
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Telecom Regulatory Authority of India (Annual Report and Returns) Rules, 1999.
RULE 02: DEFINITIONS
: In these rules unless the context otherwise requires -
(a) "Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997)-;
(b) "Appendix" means an Appendix annexed to these rules.
(c) Words and expressions used in these rules but not defined in the Act shall have the meanings respectively assigned to them in the Act.
RULE 03: FURNISHING OF RETURNS
(i) The Authority shall furnish quarterly, the Central Government, returns and statements on the matters specified in Appendix-I, including matters as may be specified by the Central Government from time to time.
(ii) The Authority shall also furnish such returns, statements or particulars in regard to any proposed or existing programme for the promotion and development of the Telecom.
RULE 04: PREPARATION AND SUBMISSION OF ANNUAL REPORT
(1) The Authority shall prepare, us soon as may be, after the commencement of each financial year the annual report referred to in sub-section (2) of section 24-of the Act in the form specified in Appendix II.
(2) The annual report shall give an account of the activities during the previous financial year containing interalia-
(a) a statement of corporate and operational goals and objectives of the Authority;
(b) annual targets in physical and financial terms set for various activities in the background of clause (a) together with a brief review of actual performance with reference to those targets;
(c) A administrative report on the activities of the Authority during the year just past and the current year and an account of the activities which are likely to be taken up during the next financial year;
(d) important changes in the organisational set up of the Authority;
(e) report on employer-employees relations and welfare activities of the Authority;
(f) report on such other miscellaneous matters as deemed fit by the Authority for reporting to the Central Government.
(3) The annual report shall after adoption at a meeting of the Authority and be signed by the members and authenticated by affixing the common seal of the Authority and the requisite number of copies thereof shall be submitted to the Central Government by the 30th day of September.
RULE 05: POLICIES & PROGRAMMES
(a) Review of General Environment in the Telecom Sector.
(b) Review of policies and programme in respect of
(c) Rural Telephone Network;
(d) Expansion of Telephone Network;
(e) Entry of private sector in both and value added service;
(f) Technical compatibility and effective interconnection between service providers;
(g) Telecommunication technology;
(h) Implementation of National Telecom Policy;
(i) Quality of Service;
(j) Universal service obligation.
RULE 06: REVIEW OF WORKING AND OPERATION OF THE TELECOM REGULATORY AUTHORITY OF INDIA IN TELECOM SECTOR IN RESPECT OF
(a) Rural Telephone Network;
(b) Expansion of Telephone Network;
(c) Entry of private sector in basic and value added services;
(d) Technical compatibility and effective interconnection between service providers;
(e) Telecommunication technology;
(f) Implementation of National Telecom Policy;
(g) Quality of Service;
(h) Universal service obligation.
RULE 07: FUNCTIONS OF THE TELECOM REGULATORY AUTHORITY OF INDIA IN RESPECT OF MATTERS SPECIFIED IN SECTION 11 OF THE ACT.
(a) Telecommunication rates both within India and outside India including the rates at which message shall be transmitted to any country outside India. (Indicate the measures taken to fix tariffs and if already fixed the reaction of service providers thereto)
(b) Recommendations on :
(i) the need and timing of the new service providers;
(ii) the terms and conditions of licence to a new service provider.
(iii) Revocation of Licence for non-compliance of terms and conditions of Licence. (Indicate the recommendations on the above and reaction of the Government thereto)
(c) Ensuring technical compatibility and effect inter-connection; (Indicate the measures taken and. the results thereof)
(d) Regulating arrangement amongst service providers of sharing their revenue derived from providing telecommunication service. (Give details of action taken and the results thereof)
(e) Time period for providing local and long distance circuits of telecommunication between different service providers; (Indicate the time period fixed and whether they have been adhered to by service provider).
(f) Ensuring compliance of terms and conditions of licence; (Give details of action taken and results thereof).
(g) Steps taken to protect the interest of consumers of telecommunication services: (Give details of steps taken including the details of cases adjudicated upon)
(h) Steps taken to facilitate completion and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services; (Give details of steps taken and the results thereof)
(i) Settlement of dispute between service providers; (Give details of disputes adjudicated upon)
(j) Levy of fees and other charges at such rates and in respect of such services as may be determined by regulations.(Give an account of fees and other charges collected by TRAI)
(k) Steps taken to ensure effective compliance of universal service obligation; (Indicate the steps taken to ensure effective compliance of universal service obligation and achievement in this regard)
(l) Details of advice rendered to the Central Government in the matter relating to development of telecommunication technology and any other matter relatable in telecommunication industry in general. (Give details of advice rendered and the reaction of the Government thereto)
(m) Administrative and financial functions entrusted to it by the Central Government. (Give details regarding performance of delegated functions)
(n) Monitoring of the quality of services and details of promotional survey of such services by the service providers. (Give details of steps taken and the results achieved)
(o) Inspection of equipment used in the network and recommendation made on the type of equipment to be used by the service providers. (Give details of the inspection made and remedial action taken)
TELECOM REGULATORY AUTHORITY OF INDIA (ANNUAL REPORT AND RETURNS) RULES, 1999
10th February, 1999
G.S.R. 80 (E), New Delhi, the 10th February, 1999. - In exercise of the powers conferred by clause (g) of sub-section 2 of
section 35 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Central Government hereby makes the following rules, namely :-
RULE 01: SHORT TITLE AND COMMENCEMENT
-(1) These rules may be called the Telecom Regulatory Authority of India (Annual Report and Returns) Rules, 1999.
RULE 02: DEFINITIONS
: In these rules unless the context otherwise requires -
(a) "Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997)-;
(b) "Appendix" means an Appendix annexed to these rules.
(c) Words and expressions used in these rules but not defined in the Act shall have the meanings respectively assigned to them in the Act.
RULE 03: FURNISHING OF RETURNS
(i) The Authority shall furnish quarterly, the Central Government, returns and statements on the matters specified in Appendix-I, including matters as may be specified by the Central Government from time to time.
(ii) The Authority shall also furnish such returns, statements or particulars in regard to any proposed or existing programme for the promotion and development of the Telecom.
RULE 04: PREPARATION AND SUBMISSION OF ANNUAL REPORT
(1) The Authority shall prepare, us soon as may be, after the commencement of each financial year the annual report referred to in sub-section (2) of section 24-of the Act in the form specified in Appendix II.
(2) The annual report shall give an account of the activities during the previous financial year containing interalia-
(a) a statement of corporate and operational goals and objectives of the Authority;
(b) annual targets in physical and financial terms set for various activities in the background of clause (a) together with a brief review of actual performance with reference to those targets;
(c) A administrative report on the activities of the Authority during the year just past and the current year and an account of the activities which are likely to be taken up during the next financial year;
(d) important changes in the organisational set up of the Authority;
(e) report on employer-employees relations and welfare activities of the Authority;
(f) report on such other miscellaneous matters as deemed fit by the Authority for reporting to the Central Government.
(3) The annual report shall after adoption at a meeting of the Authority and be signed by the members and authenticated by affixing the common seal of the Authority and the requisite number of copies thereof shall be submitted to the Central Government by the 30th day of September.
RULE 05: POLICIES & PROGRAMMES
:
(a) Review of General Environment in the Telecome Sector.
(b) Review of policies and programme in respect of
(c) Rural Telephone Network;
(d) Expansion of Telephone Network;
(e) Entry of private sector in both and value added service;
(f) Technical compatibility and effective interconnection between service providers;
(g) Telecommunication technology;
(h) Implementation of National Telecom Policy;
(i) Quality of Service;
(j) Universal service obligation.
RULE 06: REVIEW OF WORKING AND OPERATION OF THE TELECOM REGULATORY AUTHORITY OF INDIA IN TELECOM SECTOR IN RESPECT OF
(a) Rural Telephone Network;
(b) Expansion of Telephone Network;
(c) Entry of private sector in basic and value added services;
(d) Technical compatibility and effective interconnection between service providers;
(e) Telecommunication technology;
(f) Implementation of National Telecom Policy;
(g) Quality of Service;
(h) Universal service obligation.
RULE 07: FUNCTIONS OF THE TELECOM REGULATORY AUTHORITY OF INDIA IN RESPECT OF MATTERS SPECIFIED IN SECTION 11 OF THE ACT.
(a) Telecommunication rates both within India and outside India including the rates at which message shall be transmitted to any country outside India. (Indicate the measures taken to fix tariffs and if already fixed the reaction of service providers thereto)
(b) Recommendations on :
(i) the need and timing of the new service providers;
(ii) the terms and conditions of licence to a new service provider.
(iii) Revocation of Licence for non-compliance of terms and conditions of Licence. (Indicate the recommendations on the above and reaction of the Government thereto)
(c) Ensuring technical compatibility and effect inter-connection; (Indicate the measures taken and. the results thereof)
(d) Regulating arrangement amongst service providers of sharing their revenue derived from providing telecommunication service. (Give details of action taken and the results thereof)
(e) Time period for providing local and long distance circuits of telecommunication between different service providers; (Indicate the time period fixed and whether they have been adhered to by service provider).
(f) Ensuring compliance of terms and conditions of licence; (Give details of action taken and results thereof).
(g) Steps taken to protect the interest of consumers of telecommunication services: (Give details of steps taken including the details of cases adjudicated upon)
(h) Steps taken to facilitate completion and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services; (Give details of steps taken and the results thereof)
(i) Settlement of dispute between service providers; (Give details of disputes adjudicated upon)
(j) Levy of fees and other charges at such rates and in respect of such services as may be determined by regulations.(Give an account of fees and other charges collected by TRAI)
(k) Steps taken to ensure effective compliance of universal service obligation; (Indicate the steps taken to ensure effective compliance of universal service obligation and achievement in this regard)
(l) Details of advice rendered to the Central Government in the matter relating to development of telecommunication technology and any other matter relatable in telecommunication industry in general. (Give details of advice rendered and the reaction of the Government thereto)
(m) Administrative and financial functions entrusted to it by the Central Government. (Give details regarding performance of delegated functions)
(n) Monitoring of the quality of services and details of promotional survey of such services by the service providers. (Give details of steps taken and the results achieved)
(o) Inspection of equipment used in the network and recommendation made on the type of equipment to be used by the service providers. (Give details of the inspection made and remedial action taken)
TELECOM REGULATORY AUTHORITY OF INDIA, SERVICE PROVIDERS (MAINTENANCE OF BOOKS OF ACCOUNTS AND OTHER DOCUMENTS) RULES, 2002
In exercise of powers conferred under sub-sec. (1) read with clause (d) of sub-sec. (2) of Sec. 35 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Central Government hereby makes the following rules for the maintenance of books of account or other documents by the service provider, namely :—
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Telecom Regulatory Authority of India, Service Providers (Maintenance of Books of Accounts and other Documents) Rules, 2002.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITIONS
In these rules, unless the context otherwise requires—
(a) "Act" means the Telecom Regulatory Authority of India Act, 1997(24 of 1997);
(b) "Authority" means the Telecom Regulatory Authority of India established under sub- sec. (1) of Sec. (3) of the Act;
(c) "service provider" has the meaning assigned to in clause (j) ofSec.2of the Act; and
(d) words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
RULE 03: MAINTENANCE OF BOOKS OF ACCOUNTS AND OTHER DOCUMENTS
(1) Every service provider shall keep and maintain the following books of accounts and other documents in the manner as specified by the Central Government from time to time, namely :—
(i) books of accounts to reflect the itemized original and current cost service -wise of fixed assets and separate heads for different category of assets may be maintained;
(ii) books of accounts and other documents to reflect service-wise itemized operational expenses;
(iii) books of accounts to reflect service-wise revenue;
(iv) books of accounts to reflect income from other sources.
(v) supporting books of accounts and other documents as—
(a) fixed assets register;
(b) stores and spares register;
(c) register showing particulars, service -wise, of subscribers;
(d) register showing deposits from customers;
(e) cash book;
(f) journal;
(g) ledger; and
(h) copies of bills and copies of counter foils of all receipts.
Explanation—For the purposes of this rule—
(a) "itemized" means the requirement for both the total cost and also its break-up;
(b) "current cosf, means cost after depreciation; and
(c) "fixed assets" includes sub-heads such as building, plant and machinery, etc.
(2) Every service Provider shall intimate to the Authority the place where the books of accounts and other documents are maintained.
RULE 04: SPECIAL INSTRUCTIONS FOR MAINTENANCE OF BOOKS OF ACCOUNTS AND OTHER DOCUMENTS
(1) Where the service provider is providing same service in more than one telecom circle, the books of accounts and other documents referred to in sub-rule (1) ofRule 3shall be maintained separately in respect of each licensed service area.
(2) The books of accounts and other documents referred to in sub-rule (1) ofRule 3shall be maintained for a period of four years from the last day of the financial year to which they pertain.
(3) The final accounts shall be maintained at the head office of the service provider.
(4) The field offices shall maintain accounts relating to their area of operation which shall be incorporated in the final accounts maintained at the head office, that is to say that the final accounts at the head office shall be inclusive of all the accounts maintained in the field offices.
(5) The requirement of maintaining copies of bills and receipts shall not apply where the sum in question does not exceed rupees two hundred.
RULE 05: AUDIT
Every service provider shall produce all such books of accounts and documents referred to in sub-rule (1) of Rule 3, that has a bearing on the verification of the Revenue, to the Authority—
(i) for the purpose of calculating license fee, and
(ii) to furnish to the Comptroller and Auditor General of India the statement or information, relating thereto, which the Comptroller and Auditor General of India may require to be produced before him, and the Comptroller and Auditor General of India may audit the same in accordance with the provisions of Sec. 16 of the Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971).
TELECOM REGULATORY AUTHORITY OF INDIA (LEVY OF FEES AND OTHER CHARGES FOR TARIFF PLANS) REGULATION, 2002
June 13, 2002
In exercise of the powers conferred upon it under clause (f) of sub-section (2) of Section 36 read with sub-section (c) of Section 11(1) of the Telecom Regulatory Authority of India Act, 1997 as amended by TRAI (Amendment) Act, 2000, to levy fees and other charges at such rates in respect of such services as may be determined, the Telecom Regulatory Authority of India hereby makes the following regulation.
REGULATION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(i) This regulation shall be called "The TRAI (Levy of Fees and Other Charges for Tariff Plans) Regulation, 2002-".
(ii) The regulation shall cover the quantum of fees and other charges for filing of tariff plans for approval of the Authority by the service providers.
(iii) The regulation shall come into force after 30 days from the date of its publication in the Official Gazette.
REGULATION 02: DEFINITIONS
(i) "Tariff Plan" means proposals in respect of tariff filed with the Authority.
(ii) Unless the context otherwise requires, all the definitions as provided under Section II of the Telecommunication Tariff Order,
1999 will be applicable to this regulation.
REGULATION 03: FEE AND OTHER CHARGES
(i) The Authority shall levy charges as fee at the following rates—
(a) for each tariff plan filed with the Authority for approval =Rs 2000 (Rupees Two thousand only)
(b)for any change/modifications to be made in the tariff already approved or submitted for approval = Rs 2000 (Rupees Two thousand only)
(i) No fee shall be levied if the tariff plans filed are in respect of tariffs which have been forborne by the Authority.
(ii) The fee shall be paid by way of a demand draft/pay order in favour of "TRAI a/c Tariff Fee" payable at New Delhi along with the request for approval for each tariff plan/ request for modifications/corrections to a tariff plan already approved/submitted for approval.
REGULATION 04: REVIEW
(i) The Authority may, from time to time, review and modify the structure of fees and other charges for filing of tariff plans payable under this regulation.
(ii) The Authority may also at any time, on reference from any affected party, and for good and sufficient reasons, review and modify the structure of fee and other charges for filing of tariff plans, payable under this regulation.
REGULATION 05: EXPLANATORY MEMORANDUM
This regulation contains at Annexure A, an Explanatory Memorandum to explaining the background and reasons for issuing this regulation.
REGULATION 06: INTERPRETATION
In case of any dispute regarding interpretation of any of the provisions of this regulation, the decision of the Authority shall be final and binding.
TELECOMMUNICATION INTERCONNECTION (CHARGES AND REVENUE SHARING, REGULATION, 2001
5 of 2001
In exercise of the powers conferred upon it under Sec. 36 read with clauses (ii), (iii) and (iv) of sub-sec, (b) of Sec. 11(1) of the Telecom Regulatory Authority of India Act, 1997 as amended by TRAI (Amendment) Act, 2000, to ensure effective interconnection between different service providers and to regulate arrangements amongst service providers of sharing their revenue derived from providing telecommunication services, the Telecom Regulatory Authority of India hereby makes the
following Regulation : -
REGULATION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(i) This Regulation shall be called "The Telecommunication Interconnection (Charges and Revenue Sharing) Regulation, 2001."
(ii) The Regulation shall cover arrangements among service providers for interconnection charges and revenue sharing, for
Telecommunication Services, including wireless in local loop with limited mobility [WLL(M)], throughout the territory of India,
as also those originating in India and terminating outside India.
(iii) The Regulation shall be deemed to have come into force with effect from the date of notification in the Official Gazette.
REGULATION 02: DEFINITIONS
-In this Regulation, unless the context otherwise requires :
(i) "Act" means the Telecom Regulatory Authority of India, 1997 as amended by TRAI (Amendment) Act, 2000.
(ii) "Authority" means the Telecom Regulatory Authority of India.
(iii) "Basic Telecommunication Services" mean services derived from Public Switched Telephone Network (PSTN).
(iv) "Ceiling(s)" mean(s) the upper limit(s) for interconnection charge for telecommunication services as may be specified by the
Authority from time to time.
(v) "Domestic Long Distance Telecommunication Service" or DLD means the telecommunication services required to connect one local area of a public telecommunication network to another within the territorial limits of India so as to allow for transmission of voice and non-voice signals across different geographical areas.
(vi) "Floor" means the lower limit of interconnection charges for a telecommunication service as may be specified by the Authority from time to time below which such charges may not be offered.
(vii) Forbearance" denotes that the Authority has not, for the time being, notified any interconnection charge or revenue sharing arrangement for a particular telecommunication service and the service provider is free to fix any charge for such service.
(viii) "Interconnection" means the commercial and technical arrangements under which service providers connect their equipment, networks and services to enable their customers to have access to the customers, services and networks of other service providers.
(ix) "Interconnection Charge" means the charge for interconnection by an interconnection provider to an interconnection seeker.
(x) "Interconnection Provider" means the service provider to whose network an interconnection is sought for providing telecommunication services.
(xi) "Interconnection Seeker" means the service provider who seeks interconnection to the network of the interconnection provider.
(xii) "International Long Distance Telecommunication Service" means telecommunication services required to connect a local area of a public telecommunication network within India to a local area of a public telecommunication network in another country so as to allow for the transmission of voice and non-voice signals.
(xiii) "International Subscriber Dialing" (ISD) means direct interconnection between an end user in India with another end user in another country by means of direct dialing through public networks.
(xiv) "Leased Circuits" means telecommunication facilities leased to subscribers or service providers to provide for technology transparent transmission capacity between network termination points which the user can control as part of the leased circuit provision and which may also include systems allowing flexible use of leased circuit bandwidth.
(xv) "Non-discrimination in interconnection charge" means that service providers shall not, in the matter of interconnection charges, discriminate between service providers except on the basis of substantial cost-differential, and that too only to the extent justified by such cost differential.
(xvi) "Order" means the Telecommunication Tariff Order, 1999.
(xvii) "Originating Network" means the network to which an originator of a telecommunication message is proximately connected to.
(xviii) "Originating/Transit/Terminating Service Provider" means the service provider whose network is used for originating/transit/terminating a telecommunication message respectively.
(xix) "Regulation" means the Telecommunication Interconnection (Charges and Revenue Sharing) Regulation 2001.
(xx) "Reporting Requirement" means the obligation of a service provider to report to the Authority at least 45 working days before implementing any new interconnection charge and revenue sharing arrangement for telecommunication services under this Regulation and any changes thereafter.
(xxi) "Set Up Costs of Interconnection" means the initial cost of any engineering work needed to provide the specific interconnection facilities requested.
(xxii) "Subscriber Trunk Dialing" (STD) means direct interconnection between two end users within India by means by direct dialing through public networks.
(xxiii) "Terminating Network" means the network to which a receiver of a telecommunication message is proximately connected to.
(xxiv) "Transit Network" means the network through which telecommunication messages from originating networks or other transit networks are transmitted and delivered to terminating or other transit networks.
(xxv) "Usage Charge" means the charge levied by a service provider for carriage of telecommunication traffic on its network.
(xxvi) "WLL(M)" means limited mobility telephony service using wireless in local loop technology within a short distance charging area.
(xxvii) Words and expressions used in this Regulation and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.
REGULATION 03: INTERCONNECTION CHARGES
(i) Interconnection charges shall be cost based, unless as may be specified otherwise.
(ii) For determining cost based interconnection charges, the main basis shall be "incremental or additional" costs directly attributable to the provision of interconnection by the interconnection provider.
(iii) No service provider shall discriminate between service providers in the matter of levying of charges for interconnection:
Provided that a different charge may be levied if justified on the basis of a substantial difference in costs incurred for providing that particular interconnection.
(iv) No service provider shall be charged for any interconnection facility it does not seek or require: Provided that if interconnection facility cannot be provided in the form that is sought or required by the interconnection seeker, the issue may be decided mutually between the seeker and provider of interconnection. In case such mutual agreement is not possible, the matter may be reported to the Authority for a decision. The interconnection provider shall inform the interconnection seeker within 30 days of the request for interconnection facilities whether the facilities can be provided in the form sought or required by the interconnection seeker.
(v) In the absence of a mutual agreement between the Interconnection provider(s) and the seeker(s), in respect of charges for the elements of the network used to provide interconnection, charges for the elements of the network used to provide Interconnection will be as specified by the Authority from time to time. In the event mutual agreement is not arrived at in respect of the interconnection sought and/or charge therefor, within 30 days from the date of such request, both the parties will approach TRAI with the details of their network element costs and traffic particulars for a determination in the matter. Pending such a determination the existing arrangement, if any, will continue.
(v) (a) The exiting charging arrangements, if any, between the Interconnection seekers and Interconnection providers shall hold good until changed with the concurrence of the Authority, or on the basis of a regulatory determination.
(vi) Unless specifically so provided, the Authority has forborne with respect to interconnection charges.
(vii) Where the Authority has, for the time being, forborne from specifying interconnection charges, interconnection seekers and providers shall mutually decide on such charges.
(viii) Interconnection charges mutually agreed among interconnection seeker and provider shall be based on the principles enunciated in this section.
(ix) Where mutual agreement for interconnection charges cannot be reached within 30 days of initiating such a process for charges with respect to which the Authority has forborne, the Authority may intervene to settle the matter suo moto or on the application of either party.
REGULATION 04: REVENUE SHARING ARRANGEMENTS
(i) Any revenue sharing among interconnection seeker and interconnection provider shall take place out of the proceeds of the amount payable by the subscriber for obtaining the service which involves the usage of the network of the interconnection provider.
(ii) Unless specifically provided in the Schedules to this Regulation, the Authority forebears with respect to revenue sharing arrangements.
(iii) Where the Authority has, for the time being, forborne from specifying revenue sharing arrangements for any telecommunication service or part thereof, service providers shall mutually decide on such arrangements.
(iv) Where mutual agreement for revenue sharing cannot be reached within 30 days of initiating such a process for revenue sharing with respect to which the Authority has forborne, the Authority may intervene to settle the matter suo motu or on the application of either party.
(v) In the absence of a mutual agreement between the Interconnection provider(s) and the seeker(s), in respect of revenue sharing, the revenue sharing will be as specified in the Schedules to this Regulation. In the event mutual agreement is not arrived at in respect of the interconnection sought and/or revenue sharing therefor, within 30 days from the date of such request, both the parties will approach TRAI with the details of their network element costs and traffic particulars for a determination in the matter. Pending such a determination, the existing arrangement, if any, will continue.
(v)(a) The existing arrangements, if any, between the Interconnection seekers and Interconnection providers shall hold good until changed with the concurrence of the Authority, or by a regulatory determination.
REGULATION 05: REPORTING REQUIREMENT
(i) All service providers shall comply with the Reporting Requirement in respect of interconnection charges and revenue sharing arrangements specified for the first time under this Regulation, as also all subsequent changes. This includes interconnection charges and revenue sharing arrangements that are decided on a mutual basis among service providers.
(ii) The service provider may implement the proposed interconnection charges and revenue sharing arrangements after the mandatory notice period of 46 working days, unless the Authority within such period directs otherwise. Except that an additional period of 45 days is provided for interconnection charges and revenue sharing arrangements to be reported to the Authority for the first time after the implementation of this Regulation.
(iii) When an interconnection provider informs the interconnection seeker that it cannot provide interconnection as sought for by the latter, the interconnection seeker, within 45 days of being so informed, may approach the Authority for seeking its intervention.
(iv) No service provider shall alter any interconnection charge or revenue sharing arrangement, or any part thereof, without complying with the Reporting Requirement.
REGULATION 06: REVIEW
(i) The Authority may, from time to time, review and modify an interconnection charge and/or revenue sharing arrangements.
(ii) The Authority may also at any time, on reference from any affected party, and for good and sufficient reasons, review and modify any interconnection charge or revenue sharing arrangements.
REGULATION 07: EXPLANATORY MEMORANDUM
-This Regulation contains at Annexe A, an explanatory memorandum to provide clarity and transparency to matters covered under this Regulation.
REGULATION 08: INTERPRETATION
-In case of dispute regarding interpretation of any of the provisions of this Regulation, the decision of the Authority shall be final and binding.
TRAI "MEETINGS FOR TRANSACTION OF BUSINESS" REGULATION, 1999
In exercise of the powers conferred upon it under clause (a) of sub-section (2) of Section 36read with Section 8 of the Telecom Regulatory Authority of India, 1997, the Authority hereby makes the following regulation:
REGULATION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(i) This regulation shall be called the TRAI 'Meetings for Transaction of Business' Regulations, 1999.
(ii) This regulation shall provide for the time, place and the procedure to be followed at the meetings of the Authority held under sub-section (1) of section 8 of TRAI Act-, including quorum necessary for the transition of business.
(iii) This Regulation shall come into effect from the date of its publication in the Gazette of India.
REGULATION 02: DEFINITIONS
-In this regulation, unless the context otherwise requires,-
(a) 'Act' means the Telecom Regulatory Authority of India Act, 1997-;
(b) 'Authority' means the Telecom Regulatory Authority of India;
(c) 'Secretary' means the Secretary, Telecom Regulatory Authority of India and include a person acting for the Secretary;
(d) Words and expressions used in this order and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.
REGULATION 03: AMENDMENT AND ANNULMENT
-The Authority may, from time to time, modify, amend, or annul this Regulation either in whole or in part.
REGULATION 04: INTERPRETATION
-In the event of any dispute regarding interpretation of any provisions of this legislation, the decision of the Authority shall be final and binding.
REGULATION 05: MEETINGS FOR THE TRANSACTION OF BUSINESS AND PROCEDURE TO BE FOLLOWED
-The meetings of the Authority shall normally be held at its head office. Whenever circumstances render it expedient to hold a meeting elsewhere than in the head office at Delhi, the Authority may do so at any other place in India. The place and timing shall be decided by the Chairperson.
REGULATION 6
The meeting for transaction of business shall be held at least once a month.
REGULATION 7
(a) The agenda for the meeting shall be issued with the approval of the Chairperson and in his absence by Vice-Chairperson.
(b) The agenda for the meeting shall be normally circulated seven days in advance by the Secretary.
REGULATION 8
- The meeting shall be presided over by the Chairperson. If, for any reason, the Chairperson is unable to attend a meeting, the Vice-Chairperson, and in his absence, any other Member chosen by the Members present from amongst themselves at the meeting, shall preside over the meeting.
REGULATION 9
Quorum for transaction of business for a meeting shall be three Members.
REGULATION 10
(i) All items that come up for decision of the Authority at a meeting shall be decided by the majority of the Members present and voting, and in the event of equality of votes, the Chairperson or in his absence the person presiding, shall have a second or casting vote.
(ii) If a Member so desires, he may have his different view recorded as a part of the Minutes of the Meeting.
REGULATION 11
An item not included earlier in the agenda of a meeting, may be taken up for consideration, if so approved by the Member presiding over the meeting.
REGULATION 12
- No act, or proceedings of the Authority shall be invalid merely by reason of any irregularity in the procedure of the Authority not affecting merits of the case.
REGULATION 13
The Secretary shall prepare minutes of a meeting and after obtaining the approval of the Chairperson circulate them amongst the Members present at the meeting. The Minutes of the Meeting shall be given a continuous serial number for a particular financial year (e.g., 7/98-99). The Secretary shall communicate the relevant extracts of the decision of the Authority to all concerned for necessary follow-up action and monitor their compliance by evolving a suitable reporting system. Periodical reports on follow-up action(s) will be submitted for information of the Authority.
REGULATION 14
The Chairperson, and in his absence the Vice-Chairperson, may, without prior notice, convene an extraordinary meeting at any time or place to consider any item, which in his opinion, requires any urgent decision.
REGULATION 15
(i) With the approval of the Chairperson and in his absence by the Vice-Chairperson, an issue may be decided on file by circulation.
(ii) The decision of the Chairperson, and in his absence, the Vice-Chairperson, as to whether an item should be decided in a meeting of the Authority or by circulation of the relevant file shall be final.
REGULATION 16
Any person, with prior approval of Chairperson or in his absence by the Vice- Chairperson, may be invited to attend the meeting for advice/consultation.
TELECOMMUNICATION INTERCONNECTION (CHARGES AND REVENUE SHARING) REGULATION, 2001
REGULATION 01: SHORT TITLE, EXTENT AND COMMENCEMENT.
(i) This regulation shall be called "the Telecommunication Interconnection (Charges and Revenue Sharing) Regulation, 2001" (the Regulation).
(ii) The regulation shall cover arrangements among service providers for interconnection charges and revenue sharing, for
Telecommunication Services, including wireless in local loop with limited mobility [WLL(M)], throughout the territory of India, as also those originating in India and terminating outside India.
(iii) The regulation shall be deemed to have come into force with effect from the date of notification in the Official Gazette.
REGULATION 02: DEFINITIONS.
In this regulation, unless the context otherwise requires:
(i) "Act" means the Telecom Regulatory Authority of India, 1997 as amended by TRAI (Amendment) Act. 2000.
(ii) "Authority" means the Telecom Regulatory Authority of India.
(iii) "Basic Telecommunication Services" means services derived from Public Switched Telephone Network (PSTN).
(iv) "Ceiling(s)" mean(s) the upper limit(s) for interconnection charge for telecommunication services as may be specified by the
Authority from time to time.
(v) "Domestic Long Distance Telecommunication Service" or DLD means the telecommunication services required to connect one local area of a public telecommunication network to another within the territorial limits of India so as to allow for transmission of voice and non-voice signals across different geographical areas.
(vi) "Floor" means the lower limit of interconnection charges for a telecommunication service as may be specified by the Authority from time to time below which such charges may not be offered.
(viii) "Forbearance" denotes that the Authority has not, for the time being, notified any interconnection charge or revenue sharing arrangement for a particular telecommunication service and the service provider is free to fix any charge for such service.
(viii) "Interconnection" means the commercial and technical arrangements under which service providers connect their equipment, networks and services to enable their customers to have access to the customers, services and networks of other service providers.
(ix) "Interconnection Charge" means the charge for interconnection by an interconnection provider to an interconnection seeker.
(x) "Interconnection Provider" means the service provider to whose network an interconnection is sought for providing telecommunication services.
(xi) "Interconnection Seeker" means the service provider who seeks interconnection to the network of the interconnection provider.
(xii) "International Long Distance Telecommunication Service" means telecommunication services required to connect a local area of a public telecommunication network within India to a local area of a public telecommunication network in another country so as to allow for the transmission of voice and non-voice signals.
(xiii) "International Subscriber Dialing" (ISD) means direct interconnection between an end user in India with another end user in another country by means of direct dialing through public networks.
(xiv) "Leased Circuits" means telecommunication facilities leased to subscribers or service providers to provide for technology transparent transmission capacity between network termination points which the user can control as part of the leased circuit provision and which may also include systems allowing flexible use of leased circuit bandwidth.
(xv) "Non-discrimination in interconnection charge" means that service providers shall not, in the matter of interconnection charges, discriminate between service providers except on the basis of substantial cost-differential, and that too only to the extent justified by such cost differential.
(xvi) "Order" means the Telecommunication Tariff Order, 1999.
(xvii) "Originating Network" means the network to which an originator of a telecommunication message is proximately connected to.
(xviii) "Originating/Transit/Terminating Service Provider" means the service provider whose network is used for originating/transit/terminating a telecommunication message respectively.
(xix) "Regulation" means the Telecommunication Interconnection (Charges and Revenue Sharing) Regulation, 2001.
(xx) "Reporting Requirement" means the obligation of a service provider to report to the Authority at least 45 working days before implementing any new interconnection charge and revenue sharing arrangement for telecommunication services under this regulation and any changes thereafter.
(xxi) "Set-up Costs of Interconnection" means the initial cost of any engineering work needed to provide the specific interconnection facilities requested.
(xxii) "Subscriber Trunk Dialing" (STD) means direct interconnection between two end users within India by means of direct dialing through public networks.
(xxiii) "Terminating Network" means the network to which a receiver of a telecommunication message is proximately connected to.
(xxiv) "Transit Network" means the network through which telecommunication messages from originating networks or other transit networks are transmitted and delivered to terminating or other transit networks.
(xxv) "Usage Charge" means the charge levied by a service provider for carriage of telecommunication traffic on its network.
(xxvi) "WLL(M)" means limited mobility telephony service using wireless in local loop technology within a short distance charging area.
(xxvii) Words and expressions used in this regulation and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.
REGULATION 03: INTERCONNECTION CHARGES.
(i) Interconnection charges shall be cost based, unless as may be specified otherwise.
(ii) For determining cost based interconnection charges, the main basis shall be "incremental or additional" costs directly attributable to the provision of interconnection by the interconnection provider.
(iii) No service provider shall discriminate between service providers in the matter of levying of charges for interconnection :
Provided that a different charge may be levied if justified on the basis of a substantial difference in costs incurred for providing that particular interconnection.
(iv) No service provider shall be charged for any interconnection facility it does not seek or require :
Provided that if interconnection facility cannot be provided in the form that is sought or required by the interconnection seeker, the issue may be decided mutually between the seeker and provider of interconnection. In case such mutual agreement is not possible, the matter may be reported to the Authority for a decision. The interconnection provider shall inform the interconnection seeker within 30 days of the request for interconnection facilities whether the facilities can be provided in the form sought or required by the interconnection seeker.
(v) In the absence of a mutual agreement between the interconnection provider(s) and the seeker(s), in respect of charges for the elements of the network used to provide interconnection, charges for the elements of the network used to provide interconnection will be as specified by the Authority from time to time. In the event mutual agreement is not arrived at in respect of the interconnection sought and/or charges therefor, within 30 days from the date of such request, both the parties will approach TRAI with the details of their network element costs and traffic particulars for a determination in the matter. Pending such a determination the existing arrangement, if any, will continue.
(a) The existing charging arrangements, if any, between the interconnection seekers and interconnection providers shall hold good until changed with the concurrence of the Authority. or on the basis of a regulatory determination.
(vi) Unless specifically so provided, the Authority has forborne with respect to interconnection charges.
(vii) Where the Authority has, for the time being, forborne from specifying interconnection charges, interconnection seekers and providers shall mutually decide on such charges.
(viii) Interconnection charges mutually agreed among interconnection seeker and provider shall be based on the principles enunciated in this section.
(ix) Where mutual agreement for interconnection charges cannot be reached within 30 days of initiating such a process for charges with respect to which the Authority has forborne, the Authority may intervene to settle the matter suo moto or on the application of either party.
REGULATION 04: REVENUE SHARING ARRANGEMENTS.
(i) Any revenue sharing among interconnection seeker and interconnection provider shall take place out of the proceeds of the amount payable by the subscriber for obtaining the service which involves the usage of the network of the interconnection provider.
(ii) Unless specifically provided in the Schedules to this regulation, the Authority forebears with respect to revenue sharing arrangements.
(iii) Where the Authority has, for the time being, forborne from specifying revenue sharing arrangements for any telecommunication service or pan thereof, service providers shall mutually decide on such arrangements.
(iv) Where mutual agreement for revenue sharing cannot be reached within 30 days of initiating such a process for revenue sharing with respect to which the Authority has forborne. the Authority may intervene to settle the matter suo moto or on the application of either party.
(v) In the absence of a mutual agreement between the interconnection provider(s) and the seeker(s), in respect of revenue sharing, the revenue sharing will be as specified in the Schedules to this regulation. In the event mutual agreement is not arrived at in respect of the interconnection sought and/or revenue sharing therefore, within 30 days from the date of such request, both the panics will approach TRAI with the details of their network element costs and traffic particulars for a determination in the matter. Pending such a determination, the existing arrangement, if any, will continue.
(a) The existing arrangements, if any, between the interconnection seekers and interconnection providers shall hold good until changed with the concurrence of the Authority. or by a regulatory determination.
REGULATION 05: REPORTING REQUIREMENT.
(i) All service providers shall comply with the reporting requirement in respect of interconnection charges and revenue sharing arrangements specified for the first time under this regulation, as also all subsequent changes. This includes interconnection charges and revenue sharing arrangements that are decided on a mutual basis among service providers.
(ii) The service provider may implement the proposed interconnection charges and revenue sharing arrangements after the mandatory notice period of 45 working days, unless the Authority within such period directs otherwise.
Except that an additional period of 45 days is provided for interconnection charges and revenue sharing arrangements to be reported to the Authority for the first time after the implementation of this regulation.
(iii) When an interconnection provider informs the interconnection seeker that it cannot provide interconnection as sought for by the latter, the interconnection seeker, within 45 days of being so informed may approach the Authority for seeking its intervention.
(iv) No service provider shall alter any interconnection charge or revenue sharing arrangement, or any part thereof, without complying with the reporting requirement.
REGULATION 06: REVIEW.
(i) The Authority may, from time to time, review and modify an interconnection charge and/or revenue sharing arrangements.
(ii) The Authority may also at any time, on reference from any affected party, and for good and sufficient reasons, review and modify any interconnection charge or revenue sharing arrangements.
REGULATION 07: EXPLANATORY MEMORANDUM.
This regulation contains at Annexure A. an explanatory memorandum to provide clarity and transparency to matters covered under this regulation.
REGULATION 08: INTERPRETATION.
In case of dispute regarding interpretation of any of the provisions of this Regulation, the decision of the Authority shall be final and binding.
TELECOMMUNICATION INTERCONNECTION (CHARGES AND REVENUE SHARING) REGULATION, 1999
In exercise of the powers conferred upon it under Section 36read with clauses (c) and (d) of sub-section (1) of section 11 of the Telecom Regulatory Authority of India Act, 1997to ensure effective interconnection between different service providers and to regulate arrangements amongst service providers of sharing their revenue derived from providing telecommunication services, the Telecom Regulatory Authority of India hereby makes the following Regulation.
REGULATION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(i) This Regulation shall be called " The Telecommunication Interconnection (Charges and Revenue Sharing) Regulation, 1999".
(ii) The Regulation shall cover arrangements among service providers for interconnection charges and revenue sharing, for all
Telecommunication Services throughout the territory of India, as also those originating in India and terminating outside India.
(iii) The Regulation shall be deemed to have come into force with effect from May 1, 1999.
REGULATION 02: DEFINITIONS
In this Regulation, unless the context otherwise requires :
(i) "Act" means the Telecom Regulatory Authority Act of India, 1997-.
(ii) "Authority" means the Telecom Regulatory Authority of India.
(iii) "Basic Telecommunication Services" mean services derived from Public Switched Telephone Network (PSTN).
(iv) "Ceiling(s)" mean(s) the upper limit(s) for interconnection charge for telecommunication services as may be specified by the
Authority from time to time.
(v) "Domestic Long Distance Telecommunication Service" or DLD means the telecommunication services required to connect one local area of a public telecommunication network to another within the territorial limits of India so as to allow for transmission of voice and non-voice signals across different geographical areas.
(vi) "Floor" means the lower limit of interconnection charges for a telecommunication service as may be specified by the Authority from time to time below which such charges may not be offered.
(vii) "Forbearance" denotes that the Authority has not, for the time being, notified any interconnection charge or revenue sharing arrangement for a particular telecommunication service and the service provider is free to fix any charge for such service.
(viii) "Interconnection" means the commercial and technical arrangements under which service providers connect their equipment, networks and services to enable their customers to have access to the customers, services and networks of other services provide
(ix) "Interconnection Charge" means the charge for interconnection by an interconnection provider to an interconnection seeker.
(x) "Interconnection Provider" means the service provider to whose network an interconnection is sought for providing telecommunication services.
(xi) "Interconnection Seeker" means the service provider who seeks interconnection to the network of the interconnection provider.
(xii) "International Long Distance Telecommunication Service" means telecommunication services required to connect a local area of a public telecommunication network within India to a local area of a public telecommunication network in another country so as to allow for the transmission of voice and non-voice signals.
(xiii) "International Subscriber Dialing" or ISD means direct interconnection between an end user in India with another end user in another country by means of direct dialing through public networks.
(xiv) "Leased Circuits" mean telecommunication facilities leased to subscribers or service providers to provide for technology transparent transmission capacity between network termination points which the user can control as part of the leased circuit provision and which may also include systems allowing flexible use of leased circuit bandwidth.
(xv) "Non-discrimination in interconnection charge" means that service providers shall not, in the matter of interconnection charges, discriminate between service providers except on the basis of substantial cost-differential, and that too only to the extent justified by such cost differential.
(xvi) "Order" means the Telecommunication Tariff Order, 1999-.
(xvii) "Originating Network" means the network to which an originator of a telecommunication message is proximately connected to.
(xviii) "Originating/Transit/Terminating Service Provider" means the service provider whose network is used for originating/transit/terminating a telecommunication message.
(xix) "Port Charges" mean charges payable by the interconnection seeker to the interconnection provider for terminating the interconnection links on the network interface of the interconnection provider.
(xx) "Regulation" means the Telecommunication Interconnection (Charges and Revenue Sharing) Regulation, 1999.
(xxi) "Reporting Requirement" means the obligation of a service provider to report to the Authority at least 45 working days before implementing any new interconnection charge and revenue sharing arrangement for telecommunication services under this Regulation and any changes thereafter.
(xxii) "Set Up Costs Of Interconnection" means the initial cost of any engineering work needed to provide the specific interconnection facilities requested.
(xxiii) "Subscriber Trunk Dialing" or STD means direct interconnection between two end users within India by means of direct dialing through public networks.
(xxiv) "Terminating Network" means the network to which a receiver of a telecommunication message is proximately connected to.
(xxv) "Transit Network" means the network through which telecommunication messages from originating networks or other transit networks are transited and delivered to terminating or other transit networks.
(xxvi) "Usage Charge" means the charge by a service provider for carriage/delivery/ collection of telecommunication messages in its network.
(xxvii) Words and expressions used in this Regulation and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.
REGULATION 03: INTERCONNECTION CHARGES
(i) Interconnection charges shall be cost based, unless as may be specified otherwise.
(ii) For determining cost based interconnection charges, the main basis shall be "incremental or additional" costs directly attributable to the provision of interconnection by the interconnection provider.
(iii) No service provider shall discriminate between service providers in the matter of levying of charges for interconnection:
Provided that a different charge may be levied if justified on the basis of a substantial difference in costs incurred for providing that particular interconnection.
(iv) No service provider shall be charged for any interconnection facility it does not seek or require:
Provided that if interconnection facility cannot be provided in the form that is sought or required by the interconnection seeker, the issue may be decided mutually between the seeker and provider of interconnection. In case such mutual agreement is not possible, the matter may be reported to the Authority for a decision. The interconnection provider shall inform the interconnection seeker within 45 days of the request for interconnection facilities whether the facilities can be provided in the form sought or required by the interconnection seeker.
(v) Charges for certain elements of the network used to provide interconnection are specified in the Schedules to this Regulation. Interconnection charges in respect of leased circuits and internet port charges shall be the same as the tariffs for these services specified, respectively, in Schedules IV-and Schedules VI of the Telecommunication Tariff Order, 1999-.
(vi) Unless specifically so provided, the Authority has forborne with respect to interconnection charges.
(vii) Where the Authority has, for the time being, forborne from specifying interconnection charges, interconnection seekers and providers shall mutually decide on such charges.
(viii) Interconnection charges mutually agreed among interconnection seeker and provider shall be based on the principles enunciated in this section.
(ix) Where mutual agreement for interconnection charge cannot be reached within three months of initiating such a process for charges with respect to which the Authority has forbore, the Authority may intervene to settle the matter suo moto or on the application of either party.
REGULATION 04: REVENUE SHARING ARRANGEMENTS
(i) Any revenue sharing among interconnection seeker and interconnection provider shall take place out of the proceeds of the amount payable by the subscriber for obtaining the service which involves the usage of the network of the interconnection provider.
(ii) Unless specifically provided in the Schedules to this Regulation, the Authority forebears with respect to revenue sharing arrangements.
(iii) Where the Authority has, for the time being, forbore from specifying revenue sharing arrangements for any telecommunication service or part thereof, service providers shall mutually decide on such arrangements.
(iv) Where mutual agreement for revenue sharing cannot be reached within three months of initiating such a process for revenue sharing with respect to which the Authority has forbore, the Authority may intervene to settle the matter suo moto or on the application of either party.
REGULATION 05: REPORTING REQUIREMENT
(i) All service providers shall comply with the Reporting Requirement in respect of interconnection charges and revenue sharing arrangements specified for the first time under this Regulation, as also all subsequent changes. This includes interconnection charges and revenue sharing arrangements that are decided on a mutual basis among service provide Rs
(ii) The service provider may implement the proposed interconnection charges and revenue sharing arrangements after the mandatory notice, period of 45 working days, unless the Authority within such period directs otherwise.
Except that an additional period of 45 days is provided for interconnection charges and revenue sharing arrangements to be reported to the Authority for the first time after the implementation of this Regulation.
(iii) When an interconnection provider informs the interconnection seeker that it cannot provide interconnection as sought for by the latter, the interconnection seeker, within 45 days of being so informed, may approach the Authority for seeking its intervention.
(iv) No service provider shall alter any interconnection charge or revenue sharing arrangement, or any part thereof, without complying with the Reporting Requirement.
REGULATION 06: REVIEW
(i) The Authority may, from time to time, review and modify an interconnection charge and/or revenue sharing arrangements.
(ii) The Authority may also at any time, on reference from any affected party, and for good and sufficient reasons, review and modify any interconnection charge or revenue sharing arrangements.
REGULATION 07: EXPLANATORY MEMORANDUM
This Regulation contains at Annex A, an explanatory memorandum to provide clarity and transparency to matters covered under this Regulation.
REGULATION 08: OVERRIDING EFFECT
Provisions of this Regulation in respect of interconnection charges and revenue sharing shall have overriding effect over the terms and conditions of the license of a service provider, as also any conditions or charges prescribed by an originating/transit/terminating service provider.
REGULATION 09: INTERPRETATION
In case of dispute regarding interpretation of any of the provisions of this Regulation, the decision of the Authority shall be final and binding.
REGISTER OF INTERCONNECT AGREEMENTS REGULATIONS, 1999
1st September, 1999
Telecom Regulatory Authority of India, Noti. No. F. No. 409-1-/98-TRAI(Comm.), dated August 31, 1999, published in the Gazette of India, Extra., Part III, Section 4, dated 1st September, 1999, pp. 7-11 [A/III/IV/142/99] In exercise of the powers conferred upon it under Section 36read with clauses (1) and (m) of sub-section (1) of section 11 of the Telecom Regulatory Authority of India Act, 1997(24 of 1997)in regard to Maintenance of Register of Interconnect Agreements and matters connected therewith, the Telecom Regulatory Authority of India hereby makes the following Regulations :-Section 1-Title, Extent and Commencement
REGULATION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(i) These Regulations shall be called "The Register of Interconnect Agreements Regulations, 1999".
(ii) These Regulations prescribe the modalities for the maintenance of the Register of Interconnect Agreements between service providers and matters connected therewith.
(iii) These Regulations shall be applicable to:
(a) All service providers who are required to furnish information pertaining to Interconnect Agreements to the Authority as per these Regulations or any other Rule/Regulation/Order issued under the Telecom Regulatory Authority of India Act, 1997-;
(b) Interconnect Agreements between all service providers of telecommunication services throughout the territory of India;
(c) All Interconnect Agreements between service providers whether entered into before or after these Regulations come into effect.
(iv) These Regulations shall come into effect from the 1st day of September, 1999.
REGULATION 02: DEFINITIONS
-In these Regulations, unless the context otherwise requires:
(i) "Act" means the Telecom Regulatory Authority of India Act, 1997-;
(ii) "Authority" means the Telecom Regulatory Authority of India;
(iii) "Fee" means any charge(s) prescribed by the Authority from time to time for inspection of the Register of Interconnect
Agreements, or for copies thereof;
(iv) "Interconnection" means the commercial and technical arrangements under which service providers connect their equipment, networks and services to enable their customers to have access to the customers, services, and networks of other service providers;
(v) "Register" means the Register of Interconnect Agreements maintained by the Authority either in the print form as a Register and/or maintained as a data base in electronic medium or in any other form as the Authority may prescribe from time to time;
(vi) "Regulations" mean the Register of Interconnect Agreements Regulations, 1999;
(Vii) "Consumer" means any individual, group, public/private company, any other organisation or body who is/are subscriber of any telecom service(s) in the country:
(viii) "Quality of Service" means the collective effect of service performance, which determines the degree of satisfaction of a user of the telecom services. The quality of service being characterised by the combined aspects of service support performance, service operability performance, serveability performance, service security performance and other factors specific to each service;
(ix) Words and expressions used in these Regulations and not defined here shall bear the same meaning as assigned to them in the Act.
REGULATION 03: CONTENTS OF THE REGISTER
-The Register shall be maintained in three parts:
(i) Part I containing a list of all Interconnect Agreements with the names of interconnecting service providers, service areas of their operation, and the dates of the execution of such Agreements;
(ii) Part II containing portions of the Interconnect Agreements, which the Authority may direct to be kept confidential;
(iii) Part III containing the contents of Interconnect Agreements other than those directed by the Authority to be kept confidential. This part shall be open for inspection by the public.
REGULATION 04: CONFIDENTIAL PORTION OF THE REGISTER
(i) The Authority may, on the request of any party to an Interconnect Agreement, direct that any part of such Interconnect
Agreement be kept confidential.
(ii) Any request for keeping a part of the Interconnect Agreement confidential must be accompanied by a non-confidential summary of the portion sought to be kept confidential.
(iii) If the Authority is satisfied that there are good grounds for so doing, it may direct that any part of such Interconnect
Agreement be kept confidential. The non-confidential summary of such part shall, however, be incorporated in Part III of the
Register.
(iv) If the Authority declines the request of any service provider to keep any portion of the Interconnect Agreement confidential, it shall record its reason for doing so and furnish a copy of its order to the service provider concerned. In that event the service provider shall have the right to make a representation and/or to be heard by the Authority against such order.
(v) The Authority may at any time disseminate confidential information in Part II of the Register if in its opinion the disclosure of the information would be in public interest. Before making such disclosure, the Authority shall afford an opportunity of hearing to service provider at whose request such information had been kept confidential.
(vi) Where a service provider requests that any part of the Interconnect Agreement be kept confidential, such portion of the
Agreement shall remain confidential until the matter is determined by the Authority.
REGULATION 05: REGISTRATION OF INTERCONNECT AGREEMENT
All service providers shall register with the Authority any Interconnect Agreement to which they are parties:
(a) Where such Agreement had been entered into earlier than these Regulations, within 30 days of the coming into effect of these Regulations; and
(b) In all other cases within 30 days of the execution or modification of such Agreements.
REGULATION 06:
All service providers shall furnish to the Authority two copies each of the Interconnect Agreements along with modification(s), if any, thereto in print form, duly authenticated, along with a soft copy of it in a floppy/diskette of 3.5" size in Microsoft Word software and also in such other form as may be prescribed from time to time.
REGULATION 07
The Authority may from time to time prescribe the format(s) for seeking desegregated information of such parts of the Interconnect Agreements having bearing on inter alia technical standards/specifications relating to interconnection, quality of service, fault resolving procedures, downtimes, access charges, port charges, revenue sharing arrangements, area of operation and consumer related information such as range of services and the like also to be included in the Register.
REGULATION 08: ACCESS TO THE REGISTER
-The Register shall be open for inspection by any member of the public on payment of prescribed fee and on his fulfilling such other conditions as may be provided for in these Regulations or may be notified by theTelecom Regulatory Authority of India-from time to time.
REGULATION 09:
Any person seeking inspection of the Register shall apply to the Under Secretary (Commercial), TRAI or any other Officer, who may be designated for the purpose by the Authority, detailing therein the information he/she seeks.
REGULATION 10:
The designated officer shall allow inspection of the Register and also make available extracts of the relevant portions of the Register on payment of such fee as may be prescribed from time to time.
REGULATION 11:
The Authority may also allow access to the Register through the web-site maintained by the Authority on the same conditions and on payment of such fee as may be prescribed from time to time.
REGULATION 12: LEVY OF FEES AND OTHER CHARGES
(i) There shall be levied a fee of Rs 50 per hour for inspection of the Register.
(ii) A fee of Rs 20 per page shall be charged for copies of extracts from the Register.
REGULATION 13: GENERAL
-If any dispute arises with regard to the interpretation of any of the provisions of these Regulations, the decision of the Authority shall be final and binding.
REGULATION ON GUIDELINES FOR REGISTRATION OF CONSUMER ORGANISATION/NON NON—GOVERNMENT ORGANIZATIONS (NGOS) AND THEIRINTERACTION WITH TRAI, 2001
24 of 1997
January 16, 2001
Telecom Regulatory Authority of India, Noti. No. F. No. 108-4/98-The Telecom Regulatory Authority of India Act, 1997 (Act No. 24 of 1997) as amended by Telecom Regulatory Authority of India". (Tech.), dated January 15, 2001, published in the Gazette of India, Extra., Part III, Section 4, dated 16th January, 2001, p. 14 -23, No. 7 In exercise of the powers conferred upon it under sub-section (1) of Section 36, read along with sub-clause (v) of clause (b) of sub-section (1) of
Section 11of The Telecom Regulatory Authority of India Act, 1997 (Act No. 24 of 1997) as amended by Telecom Regulatory Authority of India" (Amendment) Act, 2000 so as to protect the interest of consumers of telecommunication service, the Telecom Regulatory Authority of India hereby makes the following regulation.
REGULATION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(i) This regulation shall be called Regulation on Guidelines for Registration of Consumer Organisations/Non-Government
Organizations (NGOs) and their Interaction with TRAI, 2001[24 OF 1997].
(ii) This regulation prescribes the guidelines for the registration of the Consumer Organisations and NGOs and their interaction with TRAI.
(iii) This Regulation shall be applicable to-
(a) All Consumer Organisations concerned with cause of users of telecommunication services 1[in] the territory of India.
(b) All Non -Government Organisations (NGOs) concerned with telecommunication services in the Territory of India.
(iv) This regulation shall come into effect from the Fifteenth day of January, 2001.
REGULATION 02: CRITERIA FOR REGISTRATION OF CONSUMER ORGANISATION/NGOS
-The criteria for the registration for consumer organisations/NGOs with TRAI are as follows :
(i) The consumer organisations and NGOs should be those registered either under2[ "Societies Registration Act, 1860 (Act XXI of 1860) or Sec. 25 of the Companies Act, 1956 (Act 1 of 1956) or any other law for the time being in force"]. The organizations registered with3["Bureau of Indian Standards or recognized as "registered consumers" associations" in terms of clause (n) of Sec. 2 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969)".] shall also be eligible for registration with TRAI.
(ii) The organisations should be non-profit and non-political.
(iii) The organisations should have a minimum three-years of experience in the areas of representing views of consumers. 4["For the purpose of reckoning the experience of minimum three years, the date of registration under Sec. 25 of the Companies Act, 1956 or under the Societies Registration Act, 1860 or any other law for the time being in force shall be taken into consideration".]
REGULATION 03: RULES GOVERNING REGISTRATION
(i) All the organisations interested in getting themselves registered with TRAI, should submit their application along with Registration Form, which is enclosed at Annexure 'A'.
(ii) TRAI will complete the registration process within 45 days of receipt of a complete Registration Form along with all the enclosures indicated in the Registration Form.
(iii) The organisations, which are found suitable for registration with TRAI, will be sent a written communication bearing
Registration Number allocated uniquely to them.
(iv) The Registration Number will have to be quoted by the registered organisation in every correspondence with TRAI.
(v) The registered organisation will provide audited annual report to TRAI on yearly basis.
(vi) The registration will be valid initially for a period of two years.
(vii) The renewal of registration, beyond a period of two years, could be considered by TRAI on a specific request made by the already registered organisation, wherein the Organisation will have to provide additional information, if required by TRAI.
(viii) The Organisations, which are at present registered with TRAI will have to apply afresh for registration as per the procedure stipulated above.
(ix) In the event of the TRAI observing any conduct on the part of consumer organisation, unbecoming of such an organisation, the TRAI will have the right to cancel the registration after advising the reason, and that the TRAI's decision in this regard will be final.
REGULATION 04: INTERACTION WITH TRAI
(i) All consumer organisations/NGOs may interact with TRAI. Specific facilities mentioned below will, however, be available only to consumer organisations/ NGOs registered with TRAI.
(ii) The registered organisations shall be informed to attend open house discussions held by TRAI on various issues.
(iii) An open regular two way communication channel will be maintained with the consumer organisations and NGOs registered with the Authority, with the objective of sharing additional data/information and discussions over and above what is shared
through other channels.
(iv) In addition to the open house discussions held in various parts of the country, TRAI shall hold half yearly meetings with registered consumer organisations to increase interaction for better understanding of the problems of consumers across the country. These meetings may be organised in different parts of country for better participation.
(v) TRAI, in the form of consultation paper, shall also highlight the international practices of various consumer related issues for the benefit of consumers through these consumer organisations/NGOs.
(vi) All the Consumer Organisations/NGOs will interact with a Nodal Officer in TRAI for the purpose of registration and consumer related issues. Senior Research Officer (Administration and Legal)5[***], is appointed as Nodal Officer who shall interact with Consumer Organisations/NGOs on sustained basis.
REGULATION 05: MODE OF DATA SHARING
;
(i) TRAI shall continue to share information through various consultation papers, through website, e-mail and letters.
(ii) The Consumer Organisations/NGOs shall also submit the data available with them regarding the customer perception about the telecom services being provided by various service providers and information on other issues, which may be used for the benefit of the consumers.
(iii) The information about any survey, opinion poll conducted by any Consumer Organisations/NGOs shall be shared with TRAI either free of cost or through a reasonably priced document.
REGULATION 06: REVIEW
(i) The Authority may, from time to time, review and modify guidelines for Registration of Consumer Organisations/NGOs and their Interaction with TRAI, 2001.
(ii) The Authority, on reference from any affected party, and for good and sufficient reasons, may review and modify this regulation.
REGULATION 07: EXPLANATORY MEMORANDUM
-This regulation contains at Annexure 'B', an Explanatory Memorandum detailing the need for this regulation and the process adopted by the Authority.
REGULATION 08: INTERPRETATION
-In case of disputes regarding interpretation of any of the provisions of this Regulation, the decision of the Authority shall be final and binding. |
