Tdsat seminar 20 january 2008 kolkata india
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TDSAT Seminar 20 January 2008 Kolkata, India. Settlement of Disputes & Protection of Consumer Rights by RAMJI SRINIVASAN Advocate. -Evolving Scenario in the Sector -Its Impact on Nature of Disputes -Efficacy of the Response System. Evolving Scenario in the Sector. CRYSTAL BALL GAZING

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TDSAT Seminar 20 January 2008 Kolkata, India

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Tdsat seminar 20 january 2008 kolkata india

TDSAT Seminar20 January 2008Kolkata, India

Settlement of Disputes & Protection of Consumer Rights

by

RAMJI SRINIVASAN

Advocate


Evolving scenario in the sector its impact on nature of disputes efficacy of the response system

-Evolving Scenario in the Sector-Its Impact on Nature of Disputes-Efficacy of the Response System


Evolving scenario in the sector

Evolving Scenario in the Sector

CRYSTAL BALL GAZING

A Look at the Past

&

A Peep into the Future*


Seven forces that are changing the world

SEVEN FORCES that are changing the World

  • 1. Moore’s Law

  • 2. The Digital World

  • 3. Miniaturisation

  • 4. Decreasing Costs

  • 5. Wireless Evolution

  • 6. Internet

  • 7. Convergence

  • wayfinding.net


Seven forces but one common denominator

SEVEN FORCES But ONE Common Denominator

TECHNOLOGY

The Biggest Catalyst


Ii impact on nature of disputes

II. Impact on Nature of Disputes

  • Impact on POLICY

  • Impact on REGULATION

  • Impact on DISPUTE RESOLUTION

  • *


National telecom policy

National Telecom POLICY

  • Pre NTP

  • NTP 94

  • NTP 99

  • NTP Amendment 2003


Policy means guidelines yet we find

POLICY means GuidelinesYet, we find:

  • Increasing micro-management

  • No technology neutrality

  • 100% Shareholder of the incumbent

  • So, issues are bound to arise


Regulation

REGULATION

  • Licences u/s 4 - Indian Telegraph Act 1885

  • 1996 Ordinances

  • 1997 TRAI Act

  • 2000 TRAI Amendment

  • 2002 Attempted Convergence Bill

  • 2003 Cable & Broadcasting Amdt

  • 2006-2007 Further Amendments


Dispute resolution

DISPUTE RESOLUTION

  • High Court

  • TRAI – Old section 14

  • TDSAT – 2000 Amendment (24.01.2000)

    • Limited exceptions:

      • MRTP

      • CPA –Individual

      • 7-B, ITA – Statutory Arbitration


Nature of disputes

Nature of Disputes

  • Ever changing

  • Cycle of disputes

  • Policy-Incumbent-Competition-Policy


Nature of disputes1

Nature of Disputes

  • Policy & Licence:

    • WLL, SPECTRUM

    • Level Playing Field

    • Refund of Fees & Interest

    • AGR Definition

    • Migration Package

    • Cable & Broadcasting


Nature of disputes2

Nature of Disputes

  • Incumbent:

    • INTERCONNECTION

    • UNBUNDLING

    • ACCOUNTING SEPARATION

    • PREDATORY PRICING

    • ACCESS


Nature of disputes3

Nature of Disputes

  • Competition:

    • Unfair Trade Practices

    • Entry Barriers

    • Anti- Consumer


Tdsat efficacy of response

TDSATEFFICACY of RESPONSE

  • *

    Flexible & Responsive

    instead of

    Rigid & Technical

    Function is to

    Regulate and Not onlyAdjudicate


Efficacy expectations

EFFICACY & EXPECTATIONS

  • Not a mere substitute to the High Court

  • Adjudicator and Regulator rolled in one

  • Since Policy & Licence & Regulations keep changing with times

  • TDSAT should be able to mould relief


Consumer interest best served by

CONSUMER INTEREST best served by

  • Open Competition

  • Transparency

  • Light touch Regulation

  • Liberal Interpretation

  • Technology Neutrality

  • Access to Dispute Resolution Mechanism


Thank you

Thank You

Ramji Srinivasan

SASLEGAL@ gmail.com


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