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Draft Telecom Bill: DoT to look into Trai’s concerns on dilution of power

The Department of Telecommunications (DoT) will try to find solutions for the Telecom Regulatory Authority of India’s (Trai) doubts about a likely dilution of its powers by certain provisions of the draft telecom bill in a bid to minimise the chances of a conflict between the department and the telecom regulator.
Citing anonymous government officials, ET reported that Trai expressed concerns about some clauses in the draft bill, including the ones that seek to give the telecom department overriding powers on issues such as tariffs and quality of service. Trai oversees the two, at present
Further, the draft telecom bill has been shared with Trai for its comments. “All views will be considered in the final bill. The last word on this draft telecom bill is not out,” the official told the business daily on the condition of anonymity.
Another official revealed that Trai is expected to give its remarks to the telecom department emphasising its concerns, and that the regulator will move to a higher authority when the DoT fails to resolve the matter.
However, a third official mentioned Trai also has the option including higher authorities, including the Prime Minister’s Office (PMO), while sending its views to the telecom department.
More importantly, the DoT has sought remarks from all the central ministries, state governments and the public on the bill. The last date for submitting comments has been extended by 10 days to October 30.
Industry experts are of the view that the draft telecom bill gives more powers to the DoT taking decisions at policy level at the regulators’ expense. According to the current provisions, for instance, as per Section 11 (1) of the Trai Act, the DoT must revert to Trai on its recommendations.
Also, the draft bill mentions omission of a provision in Section 4, which deals with the appointment of Trai chairman. At present, a secretary-level bureaucrat can be appointed Trai chief. But with the omission of this provision, any person can be eligible to be chairman, weakening the post itself.
The daily quoted Sudhir Gupta, former Trai secretary, as saying, “I think compared to other countries, Trai does not have too many regulatory powers and now you want to further dilute it, so isn’t it better to close Trai and have everything with DoT.”

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