TRAI - The Regulator

Regulatory authorities have the crucial role to provide an effective regulatory framework and adequate safeguards to ensure fair competition and protection of consumer interests. The role of the regulatory authorities is much more significant during the reform process of any sector in a fast growing economy like India. Regulatory authorities have several key functions to play with the changing technology and invention in their respective sector. Nevertheless the primary objective for its existence is to protect consumer interests. In order to protect consumer interests, regulatory authorities

• Must be accessible to consumers in a variety of modes including Mail, Toll-Free Phone, Email, E-Filing, Fax...etc for lodging complaints.
• Acknowledge any complaint received and provide a reference number for tracking the status. Lay down a feasible time frame for resolving any kind of complaint.
• Maintain the complete database of complaints and there by revise and enforce new regulations for the benefit of other consumers.

Telecom sector in India is opened up to private participants along with FDI (Foreign Direct Investment) to some extent. The GOI (Government of India) has established TRAI (Telecom Regulatory Authority of India) as the regulatory authority for the telecom sector. TRAI has been vested with comprehensive powers and also has the responsibility of advising GOI on all policy matter pertaining to the telecom industry.

Accessibility: TRAI

• TRAI is accessible currently to consumers through a New Delhi number and email.
• Consumers from any part of India other than Delhi have to use STD to reach TRAI.
• Emails sent to TRAI are never acknowledged / responded back but simply ignored.
• TRAI service personnel who pick up the phone calls sporadically mention that complaints can be lodged only by visiting their Delhi office personally rather than by email or phone.

Cellular Phone Regulations: TRAI

Cell phone can be described as a necessity in this new century based on acknowledgement of the fact that cellular phone connections crossed the fixed line connections in India. Consumers accept the terms and conditions of the cellular operators and take up the connection without getting in to the nitty-gritty of the billing details. Consumers start to panic as when monthly bill hits beyond his budget and gets a feeling of being overcharged. Indian cellular consumers are deprived of some basic expectations from the cellular operators as they are not enforced by corresponding regulations by TRAI. Few of them are explained below.


Itemised Billing Statement (IBS)

Tariff charges for different call categories (local, WLL, STD, Inter-Circle, Roaming charges ...etc) vary with each cellular operator in India. IBS (Itemised Billing Statement) helps the consumer to find out any billing discrepancies with pinpoint accuracy. TRAI currently does not enforce this basic regulation on the cellular operators to ensure all the post paid consumers receive IBS by default as part of any plan chosen. Though the IBS information is readily available with the cellular operators, currently it attracts a minimum charge starting from fifty rupees every month except for a few privileged consumers.

Bills sent by many operators do not have the required clarity which is mandatory and the consumer has every right to receive the billing information precisely. TRAI must impose strict regulations on the operators with regards to billing clarity. The need for billing clarity is not limited to cellular phones but to any kind of phone connection. It is ironic to note the fact that there is no mention about IBS regulation in the white paper published by TRAI on Billing Issues in May 2005

Mobile Number Portability (MNP)

Number Portability allows subscribers to change their service provider while retaining their current number. MNP gives the freedom to the consumers to switch the operator without any concern about retaining their number. TRAI has produced an excellent white paper on Number Portability in July 2005. It is ironic to note a well stated fact in the white paper that less developed countries like our neighbour Pakistan has already started implementing MNP program when the cellular phone penetration is as low as approximately 7%. Ideally TRAI should have started implementing MNP program at this juncture where the cellular phone connections surpassed the fixed line connections in India. Rejection of MNP by our leading cellular operators like Reliance at this proposal stage is totally unacceptable. It should be noted that private operators do support FNP (fixed number portability) as it helps them break in to the state owned operator’s territory and they are against MNP which actually benefits many consumers and is the need of the hour.

Toll Free Numbers / Emergency Numbers

Cellular operators simply do not route calls made to the Toll Free Numbers setup on BSNL/ MTNL and other emergency numbers as there is no policy setup or enforced by TRAI. This defeats the purpose and meaning of Toll Free Numbers and also hinders many service oriented companies in their respective sectors to provide this basic facility to their consumers. It is not expected to have this service completely free on cellular phones and the expectation is to have the TRAI regulation and policy in place to handle the need. It should be noted here that TRAI, the telecom regulator does not have a Toll Free line for itself in the first place

Conclusion

Reform process is intended to boost the economy and give the consumers a variety of options to choose with. However when the corresponding regulatory authority fails, it does not serve the purpose which is the case with TRAI as it turned in to a complete fiasco. As a result of this, majority public who used to support the reform process now tend to incline towards the leftist view. It should be noted the state owned operator is safe without the reform process as it prevents the growth of unscrupulous operators who do not have any sense and commitment towards building of the nation.

• GOI should restructure TRAI and closely review its performance.
• GOI should place the latest cabinet decision to allow 75% FDI in telecom sector in abeyance until TRAI is restructured.
• TRAI should first create awareness to the general public that they are available to listen to the consumer issues and act as an arbitrator to resolve the issues between the operator and the consumer.
• TRAI should never ever succumb to lobbying by the private Indian Telecom giants who do not follow the basic ethics of business.