TRAI to have more teeth for redressal of consumer grievances

DoT has incorporated specific provision mandating TRAI to follow policy pronouncements of govt in exercise of its functions

The Department of Telecommunications (DoT) has proposed to include a provision in the Telecom Regulatory Authority (Amendment) Bill, 2013 that would give power to the Telecom Regulatory Authority of India (TRAI) to lay down a framework for consumer grievance redressal to be followed by telecom service providers in order to protect consumer rights.

DoT has stated in its draft note for the Cabinet on the proposed Telecom regulatory Authority (Amendment) Bill, 2013.

It has also incorporated a specific provision mandating TRAI to follow policy pronouncements of Government in the exercise of its functions, in the proposed amendment.

Jurisdiction to impose penalties through a transparent process for default in compliance with its orders and regulations as well as for non-observance of terms and conditions of licence should be vested in TRAI, the draft note stated.

According to the draft note, DoT has also proposed to bring parity between TRAI and other regulators in economic sectors in respect to tenure of chairperson and members and increasing the restriction on employment after demitting service from one to two years.

The other economic sectors considered include Competition Commission of India, Insurance Regulatory and Development Authority, Airport Economic Regulatory Authority.

Earlier it had proposed to extend the term of the chairperson of TRAI to five years. According to the proposal, the chairperson and every other member shall hold office as such for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment.

Current chairman of TRAI Rahul Khullar was appointed for a three-year term starting May 2012.

The draft note added that the qualifications for appointment of chairperson and member are proposed to be sharpened by specifying length of experience in relevant fields as 25 years for chairperson and 20 years for whole time members.

It is also proposed that TRAI may undertake spectrum audit for efficient management of spectrum, excluding the airwaves used by Defence and security agencies. With the proposed amendment, TRAI will have the power to penalise companies in case of inefficient or under utilisation of spectrum.

DoT has proposed to include a provision so that TRAI can give recommendations to the Government for assessment of optimal usage of spectrum allotted to any service provider and action to be taken in case of inefficient or sub-optimal utilisation of spectrum.

DoT has also sought approval from the Cabinet for introduction of the Telecom regulatory Authority (Amendment) Bill, 2013 in the ensuing session of the Parliament.

In the National Telecom Policy 2012, the Government has indicated it would review the TARI Act to enable the telecom regulator resolving regulatory uncertainties quicker and perform faster.

The draft note was also circulated to ministries and departments of expenditure, economic affairs, personnel and training, information and broadcasting, information technology, legal affairs and legislative department, TRAI and TDSAT for their comments.

The comments from all the ministries will also be placed before the Cabinet with the draft note.