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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

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

[email protected] gmail.com

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