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Status of Dispute Settlement Mechanism in Telecom and Broadcasting Sectors in India

Status of Dispute Settlement Mechanism in Telecom and Broadcasting Sectors in India. 25 th November 2006. Asim Abbas, Vice President (legal), Bharti Airtel Ltd. Agenda. Rationality of TDSAT: Why TDSAT? Managing Expectations Conflicting Management: Maintaining a Balance

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Status of Dispute Settlement Mechanism in Telecom and Broadcasting Sectors in India

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  1. Status of Dispute Settlement Mechanism in Telecom and Broadcasting Sectors in India 25th November 2006 Asim Abbas, Vice President (legal), Bharti Airtel Ltd

  2. Agenda • Rationality of TDSAT: Why TDSAT? • Managing Expectations • Conflicting Management: Maintaining a Balance • Status of Dispute Settlement Mechanism

  3. Rationality of TDSAT: WHY TDSAT? • Creation of sector specific regulatory mechanism • Insulation of regulatory mechanism from political system • Regulatory authorities and adjudicating mechanism: Electricity & Telecom sectors • Regulatory (TRAI) Accountability • Specialized adjudicatory body • Competent to deal with techno-commercial issues • Facilitate speedy disposal of cases • Times lines specified in the Act and the appeal lies in the SC

  4. Managing Expectations • Dealing with Complexity - Pace of change: market, technology, commercial and policy • Market Asymmetries - Existing Vs new entrants - Infrastructure sharing • Impact on Sectoral Growth - Predictability, consistency & Investor confidence • Legal Issues - Maintaining level playing field - Unjust enrichment

  5. Conflict Management: Maintaining a Balance • Consumers Interest • Competition • Long Term • Trade Secrecy • Market Forces • Service Providers • Collaboration • Short Term • Transparency • Command & Control

  6. Status of Dispute Settlements Mechanism • Credibility and Confidence • Competence and expertise in techno-legal issues • Some legal principles established • Level playing field • Transparency • Scope of Arbitration • Clarity in the roles • TRAI & TDSAT • Sanctity of contract: equitable & negotiated contracts • Repository of telecom domain knowledge • Quick disposal of cases: scope for improvement

  7. Thank you

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