Trai Contests DoT: Regulator's Recommendations Needed for Telecom Authorisation Changes

New Delhi, Feb 28 (PTI) In contrast to the telecom department's views, Trai on Friday asserted that its recommendations are necessary before making any substantive changes in the terms and conditions of the proposed authorisation regime.

The Department of Telecom has contended that changes in the terms and conditions of the authorisation regime can be carried out as per the applicable laws, and there is no need to seek the regulator's advice.

The Telecom Regulatory Authority of India (Trai) has, however, softened its stance and recommended that its view may not be required for minor, routine, or procedural amendments, which are not likely to cause any substantive impact on the authorised entities.

In September, Trai, in its Recommendations on the Framework for Service Authorisations to be Granted Under the Telecommunications Act, 2023, had suggested that "for any change(s) in the terms and conditions of the Authorisation, except for the reason of the interest of the security of the State, the Central Government should seek Trai's recommendations".

The DoT said the recommendations of Trai "may not be accepted", but the regulator cited the preamble of the Act, which gives it power to regulate telecom services to protect the interests of service providers and consumers of the sector.

The regulator has partially modified the recommendation to simplify the routine changes but stood to its ground that the DoT should reach out to it before making substantive amendments to the authorisation norms.

"For making any substantive changes in the terms and conditions of the Authorisation, except for the reason of the interest of the security of the State, the Central Government should seek Trai's recommendations. It may not be necessary to seek recommendations of the Authority in respect of minor, routine, or procedural amendments, which are not likely to cause any substantive impact on the authorised entities," the modified recommendation by the regulator said.

The regulator in a reply to the Department of Telecom (DoT) on clarification over its recommendation on "Recommendations on the Framework for Service Authorisations to be Granted Under the Telecommunications Act, 2023" has also disagreed with the DoT's view regarding the removal of separate service authorisations for satellite-based telecommunication Service and machine-to-machine based wide area networks.

The development follows Trai's recommendation on moving the telecom services from a licensing regime to an authorisation regime as per the Telecommunications Act 2023.

The authorisation regime is expected to simplify the process for permissions, reduce the time for service permits, provide light-touch regulation to promote competition, faster deployment of services, and encourage investments, among others.