The department of telecommunications (DoT) has violated procedural norms while announcing the new guidelines on October 19 allowing telecom companies to use dual technology and enhancing the subscriber base norms for getting additional spectrum by not informing the Telecom regulatory Authority of India as is mandated under the TRAI Act.
Further, while the recommendation was sought on five counts, DoT has taken decision only on two aspects and not even informed the regulator if it has any disagreements and giving the latter the mandated 15 days time to respond, which is a clear violation of Section 11 (1) (a) of the Trai Act.
Sources said the DoT’s reference to Trai was not only about the above two issues but also related to merger and acquisition norms and roll out obligations. So far the DoT has not taken a decision on the other two aspects. This, say officials is improper. Under Section 11 (1) (a) of the TRAI Act, if the government seeks the regulator’s recommendation on any issue, it has to inform it why it is not being accepted. It has then to give 15 days time to the regulator for reconsideration after which only the government can take a final decision.
The relevant provision reads thus: ?If the Central Government having considered that recommendation of the Authority comes to a prima facie conclusion that such recommendation cannot be accepted or needs modifications, it shall, refer the recommendations back to the Authority for its reconsideration, and the Authority may within fifteen days from the date of receipt of such reference, forward to the Central Government its recommendation after considering the reference made by the Government. After receipt of further recommendation, if any, the Central Government shall take a final decision?.
Officials said the DoT should have taken a decision on all the aspects of the TRAI recommendation. Further, if it disagreed on any aspect, it should have given the regulator an opportunity to reconsider and only then taken the final decision and make the announcement. The DoT had said guidelines on merger and acquisitions would be announced separately.