The sub-group headed by the union information and broadcasting minister Arun Jaitley has been set up under the Group on Telecom and IT Convergence (GoT) and will hold its first meeting on Tuesday.

The sub-group is expected to finalise its recommendations which will be submitted to the Group on Telecom before its next meeting on January 15.The sub-group includes director in the Prime Minister's Office (PMO) Sudheendra Kulkarni and secretary in the department of economic affairs EAS Sarma and will take inputs from a variety of sources including those of industry, legal luminaries and TRAI officials.

The sub-group will also consider granting the TRAI power to award interim relief and impose penalties on violators. Another significant change that has been mooted by experts is to provide that in cases of conflict, the provisions of the TRAI Act shall prevail over those of MRTP Act.The rationale behind this is on account of the monopolistic nature of the department of telecom (DoT) and Mahanagar Telephone Nigam Limited (MTNL), a situation which requires that an independent regulator deal with the subject of anti-competitive practices to safeguard the interests of new entrants and consumers.

On the issue of right of appeal in the High Court, as presently provided, results in two appeals before the High Court and a third attempt to the Supreme Court. In order to shorten this, it has been suggested that a direct appeal to a division bench of the High Court be made necessary.It has also been suggested that on the issue of licensing powers of the government, the provisions of the TRAI Act of 1997 prevail over those of the Indian Telegraph Act 1885.

On the issue of recommendatory powers, the group will consider a suggestion to make it mandatory for the licensor to seek recommendations of the TRAI before a new service provider is granted a licence. In effect, the TRAI will have a say in pronouncing on the "need & timing" of new services.Even though the Department of Tel;telecommunications (DoT) has in the past sought TRAI recommendations on a number of subjects, the issue is the "non-binding" nature of these. The changes will remove the present ambiguity on the present clause in the TRAI Act on this issue.

The government had set up three sub-groups in the last meeting of the Group on Telecom (GoT) and IT convergence on December 23. The other two sub-groups are headed by member, Planning Commission Montek Singh Ahluwalia and legal luminary and Rajya Sabha member Fali Nariman.