Trai issues access code for service providers

In an attempt to make information more accessible and plug the loopholes in its earlier regulations, the Telecom Regulatory Authority of India (Trai) today issued the Access to Information Regulation, 2005.

Under the new regulations, service providers claiming confidentiality of documents filed with the Trai should give reasons for doing so and must also furnish a non-confidential summary of the portion sought to be kept confidential.

Trade and commercial secrets, information protected by law, and commercially and financially sensitive information, the disclosure of which is likely to cause unfair gains or unfair losses to service providers or to compromise their competitive positions have been exempted by the regulator.

According to the regulations, in the event of a service provider seeking disclosure of confidential information, it must substantiate that the disclosure is in larger interest of the public. Besides, the request for disclosure should clearly state the purpose and the reasons for which the information is required, Trai said.

The new regulation also states that if the Trai were to reject a request for maintaining confidentiality, in addition to informing the service provider, it will grant the provider an opportunity to make a representation against the same.

"On consideration of the representation, if any, the regulator shall take a final decision. Where the regulator rejects the request of a service provider, it shall communicate to it in writing the reasons for doing so," Trai said.

"With this regulation, Trai has given itself more tools to disclose information that was earlier declared as classified by telecom operators. It brings about more clarity. Access to information and transparency in the process is a welcome step for subscribers," said Arpita Pal Agrawal, principal correspondent, Telecom Practise, PricewaterhouseCoopers.

"The regulations already issued by Trai (The Register of Interconnection Regulation, 1999, and The Register of Interconnection Agreement, Broadcasting and Cable Services, Regulation 2004) do not provide guidance on disclosure of information available with the regulator for which confidentiality has been claimed. The present regulation is being issued to fill up this gap," Trai said.

Cellular operators, however, refused to comment on the regulation while the Cellular Operators' Association of India (COAI), a body representing the GSM players, said it would comment after studying the regulation.

In 2004, the regulator had also issued the Reporting System on Accounting Regulation, which provided for confidentiality of financial information submitted under various provisions of the regulation.

Trai also has powers to call for information under Section 12 of the Trai Act from any service provider in relation with its affairs.