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TDSAT Seminar 20 January 2008 Kolkata, India

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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  1. TDSAT Seminar20 January 2008Kolkata, India Settlement of Disputes & Protection of Consumer Rights by RAMJI SRINIVASAN Advocate

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

  3. Evolving Scenario in the Sector CRYSTAL BALL GAZING A Look at the Past & A Peep into the Future*

  4. 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

  5. SEVEN FORCES But ONE Common Denominator TECHNOLOGY The Biggest Catalyst

  6. II. Impact on Nature of Disputes • Impact on POLICY • Impact on REGULATION • Impact on DISPUTE RESOLUTION • *

  7. National Telecom POLICY • Pre NTP • NTP 94 • NTP 99 • NTP Amendment 2003

  8. POLICY means GuidelinesYet, we find: • Increasing micro-management • No technology neutrality • 100% Shareholder of the incumbent • So, issues are bound to arise

  9. 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

  10. DISPUTE RESOLUTION • High Court • TRAI – Old section 14 • TDSAT – 2000 Amendment (24.01.2000) • Limited exceptions: • MRTP • CPA –Individual • 7-B, ITA – Statutory Arbitration

  11. Nature of Disputes • Ever changing • Cycle of disputes • Policy-Incumbent-Competition-Policy

  12. Nature of Disputes • Policy & Licence: • WLL, SPECTRUM • Level Playing Field • Refund of Fees & Interest • AGR Definition • Migration Package • Cable & Broadcasting

  13. Nature of Disputes • Incumbent: • INTERCONNECTION • UNBUNDLING • ACCOUNTING SEPARATION • PREDATORY PRICING • ACCESS

  14. Nature of Disputes • Competition: • Unfair Trade Practices • Entry Barriers • Anti- Consumer

  15. TDSATEFFICACY of RESPONSE • * Flexible & Responsive instead of Rigid & Technical Function is to Regulate and Not onlyAdjudicate

  16. 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

  17. CONSUMER INTEREST best served by • Open Competition • Transparency • Light touch Regulation • Liberal Interpretation • Technology Neutrality • Access to Dispute Resolution Mechanism

  18. Thank You Ramji Srinivasan SASLEGAL@ gmail.com

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