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Issues with TRAIs regulatory structure

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December 13, 2017

What is the issue?

  • Telecom Regulatory Authority of India has proposed new recommendations for improving ease of doing business.
  • For timely implementation of these proposals concerns with regulatory structure need to be addressed.

What business bottle necks are faced by telecom players?

  • Majority of the existing policies, guidelines and regulations were made during 90s, which were till not updated.
  • Telecom operators need licences to import network equipment,this is merely to ensure that the department of telecom is informed of the details of imported equipment for security reasons.
  • This is being a major bottleneck as getting a licence takes up to 1-2 months.
  • Approvals for merger and acquisition deals in the sector take a lot of time even after the companies involved have completed all the formalities.

What are the higlights of the recommendations?

  • TRAI has identified 12 areas where the existing rules need to be changed.
  • It includes streamlining the process for imposing penalties on telecom companies and a fixed time-frame for merger and acquisition deals.
  • Licenses for imported equipments now be easily done by asking the operators to submit periodic reports on imported equipment.
  • These changes will help telecom operators run their businesses more efficiently.

What are the concerns with regulatory structure?

  • The recommendations of TRAI would require a major overhaul of the existing regulatory structure.
  • TRAI has only a recommendatory role with some powers to enforce licence terms and conditions.
  • There are multiple bodies within the telecom department that are responsible for these activities and often there is lack of coordination between them.
  • The major complication in the structure is that licensing power is with DoT while dispute settlement power is with the Telecom Dispute Settlement Appellate Tribunal.
  • This division of power has led to complications with one arm not agreeing with the other on several occasions.

What measures need to be taken?

  • Over the years, governments have discussed the Communications Convergence Bill which envisages the creation of a ‘super regulator’ for the telecom and broadcasting sectors.
  • The main aim was to establish a single regulatory and licensing authority with defined powers, procedures and functions and an appellate tribunal, these proposals needs to be implemented.

 

Source: Business Line

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