What is TRAI and how it works?

 What is TRAI and how it works? 

The main objective of the                   Telecom official government of India Act, 1997 (TRAI Act) was to establish the Telecom official government of India (TRAI) and Telecom Dispute Settlement Appellate Tribunal (TDSAT). The main purpose of these two institutions vbegin below the TRAI Act is to regulate transport kindness , adjudicate disputes, dispose action and protect the interest of the kindliness supply as well as the consumers. The Act also aims at promoting and ensuring orderly growth of the telecom sector. 

A bill to establish a non-statutory telecom official was proposed in the Parliament by the authority across an reform  to the Indian Telegraph Act, 1985. even  so , this proposal was dropped by the Parliament because several organ of the  Parliament argued for a legal telecom lever . TRAI was then constituted below the presidential ordinance[1] issued in 1997, later it was ratified by the council by enacting the TRAI Act. Subsequently, TRAI Act went across great reform in the year 2000.

Amendment to the TRAI Act

The TRAI Act was amended between the TRAI (Amendment) Act, 2000 (“Amendment Act”). Before the reform , TRAI exercised both regulatory and dispute resolve functions. The reform Act established the Telecom Dispute Settlement higher Tribunal to solely deal with relevant disputes. There was ambiguity in the Act as to whether TRAI conveying are binding upon the authority ; this was clarified by the reform Act.

Independent Telecom Regulatory Authority

In Delhi Science Forum v. Union of India, the Supreme Court while deciding on the right of the National Telecom Policy, 1994 observed that it is needed that the telecom lever must be an independent body. state  Telecom Policy, 1994 permit for personal part  in the transport sector, and in the light of this policy change the Supreme Court as well as emphasized on the necessity of an independent statutory government in a deregulated and ruthless telecom retail .

Government Control over TRAI

TRAI is not a total  independent telecom regulator. The authority exercises making quota of control over TRAI. Under section 25 of the Act it has the power to issue directions and that are binding on TRAI. The TRAI is as well as funded get the Central authority . even so , below section 35 of the TRAI Act, the Central Government has the power to make rules on many subjects and such rules are binding upon TRAI. then , TRAI is not a total independent telecom lever as realize by the Supreme Court.

Scheme of the TRAI Act

The TRAI Act contains six chapters. Chapter 1 deals with request of the Act, key concepts and definitions. Chapter 2 contains supply for constitution of the TRAI. Chapter 3 deals with the powers and reason of TRAI. Chapter 4 deals with formation of higher tribunal, TDSAT and the procedure of the higher tribunal. Chapter V deals with finance, report and check of the two institutions established below the Act. Chapter 6 consists of miscellaneous provisions for the purpose of smooth functioning of the two academy making below  the Act.

Constitution of TRAI

Telecom Regulatory government of India (TRAI) was established as a company under Section 3 of the Act. The head office of TRAI is in New Delhi. TRAI compose of a chairperson and less than two, full time and part-time organ . The chairperson and the organ of TRAI are appointed get the Central authority and the duration for and that they can hold their office is three years or until they attain the age of 65 years, whichever is earlier. The privet who are appointed must  have for most knowledge and prior experience in the field of transport , industry, economic , accountancy, law, management or consumer affairs. If someone, who has been in the kindness of the authority prior to appointment then he must have served the authority  in the capacity of a typist or more typist for a time more than three years.

Section 8 deals with plans to be followed with respect to meetings of TRAI. All quiz  ahead TRAI will be choose by a grant vote of the organ , present and voting. The person who is presiding the meeting will be  entitled to a second or casting vote.

The TRAI may as well as appoint officers and employees in order to carry out its reason below this Act. latest the officers and workers of TRAI are sunder into nine section . The section are:

•   Mobile network cleave ;
•    Fixed network cleave ;
•    Converged network sunder ; (iv) quality of kindness sunder ;
• Broadcast and cable kindness cleave ;
• financial cleave (vii) economic analysis and internal economic and report division;
• Legal cleave and (ix) administration and personnel cleave .

Powers and Functions of TRAI

The reason of the TRAI are enumerated under section 11 of the TRAI Act. The function mentioned below the supply has an overriding effect on any supply of the Indian Telegraph Act, 1885.

The 2000 Amendment classified the TRAI’s functions into four broad categories:

• Making advice on m,many issues;
• General administrative and official reason ;
• Fixing tariffs and rates for telecom kindness ; and
• Any other reason entrusted by the Central authority .