Government is open to the proposal of creating separate dispute resolution mechanisms for broadcasting and telecom sectors, Union Minister Arun Jaitley said today.
Amid sector regulator TDSAT flooded with the cases, its chairperson Justice Aftab Alam said the number of broadcasting cases has far exceeded those related to telecom sector.
He was speaking at a seminar on Telecom and Broadcasting theme - ART (Adjudication, Regulation, Telecommunication) of Convergence, TDSAT.
Responding to the issue raised by Justice Alam, Jaitley, who holds the charge of Information and Broadcasting Ministry besides Finance Ministry, said the government was willing to look at the suggestion of having a separate mechanism to deal with broadcasting cases.
He asked the TDSAT to bring before the government an appropriate suggestion in this regard.
"You have thrown a new challenge to the entire thought process and that challenge is even when Acts are framed with best of intentions, the ingenuity of lawyers, the unlimited jurisdiction of judges creates a situation of a divided authority.
"Parts of the same issue or some part of the same cause of action are pending before one authority, some parts would also be pending before courts," said Jaitley.
Stressing that TDSAT has by and large functioned well, he said the issues flagged by TDSAT chairman were a matter for consideration.
"I will certainly bring in to his (Telecom Minister Ravi Shankar Prasad) notice that it will require some element of reconsideration, what the alternate mechanism of dealing... particularly relating to broadcasting because you feel it (TDSAT) is flooded with broadcasting disputes," he said.
Last year there were 707 cases filed before TDSAT. Of those 593 were related to broadcast sector and remaining 104 from telecom.
"...Experience is if you...Leave it to the jurisdiction of civil court than probably the issues can get indefinitely delayed and therefore what that alternate mechanism could be, has it to be some other mechanism under the (TRAI) Act etc which is to be created, I am sure the government would always be willing to look at it so that the time and energy of TDSAT is really spent on larger commercial issues and issues relating to how the technology...," he said.
Later talking to reporters, Justice Alam said when the TRAI bill was brought in Parliament, simultaneously there was a broadcasting bill also.
The broadcasting bill did not make into a law.
"There are issues that need to be addressed... This (Broadcasting) is a very vibrant sector. Everyday new challenges are coming up, new issues are coming up, debates are going on. These issues will have to be addressed," he added.
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In his speech, TDSAT Chairman Justice Alam said apart from two decisions of the Supreme Court another development that has "seriously affected" the character of Telecom Disputes Settlement and Appellate Tribunal is the introduction of broadcasting services as part of telecommunications services.
The former Supreme Court judge said that broadcasting services remain very ineffectually regulated even after 12 years of coming under TRAI.
"Broadcasting service came to be assigned to TRAI as a foster child but unfortunately it continues to be treated as such. On a number of occasions, TDSAT had indicated that the regulations and orders concerning broadcasting services are in urgent need of reconsideration. I earnestly hope that TRAI will pay heed to the concerns expressed by TDSAT," he said.
He said 80-85 per cent cases from the broadcasting service constitute recovery of money dues, disconnection notices and demand of supply signal by smaller multi system operators (MSOs) and local cable operators (LCOs).
"These are petty, fact-based disputes that hardly involve any legal issue much less a legal issue of importance. These would be best dealt with at the local level and it is worth asking if they call for a tribunal comprising, a retired judge of the Supreme Court, an expert in telecommunication and a retired top civil servant," he said.
Also, for the litigants it does not make sense to come to a centralised tribunal from far off places in the country, Justice Alam added.
He further said a 'Mediation Centre' at TDSAT was set up in July 2013. So far 330 cases from broadcasting service were referred to it out of which 134 cases were settled, a success rate of 40 per cent.
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Justice BD Ahmed of Delhi High Court advocated to resolve the problem with use of technology like video-conferencing, allowing filing petition online etc.
"This is time to introduce technology in adjudicatory mechanism. It has been done. We are experimenting with it. At Delhi High Court we have been doing it.
"I urge tribunal and particularly TDSAT through Justice (Aftab) Alam to introduce this concept of computerisation. Not just having website but to have a fully integrated electronic tribunal," Ahmed said.
He added that to address woes of petition coming from far flung areas, TDSAT can deploy video conferencing or allow petitions through electronic filing from anywhere in the world.
"Essentially, what I am advocating is that there should be move away from paper based system to the digital world. The biggest barrier to technology is resistant to change. This is little paradoxical when we are talking about the telecom sector because telecom sector is rapidly changing.
"Second thing, and I have nothing against Justice Aftab Alam, is commitment by the top leadership. We have to go digital but if top leadership is little recalcitrant about it, it will never happen," Ahmed said.
