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G. Rambabu

The DoT said, "The licensor has the power to amend/modify the licence at any time if it is convinced that it is in the public interest to do so or it is in the interest of proper conduct of telegraph".

New Delhi , Aug. 1

THE Department of Telecommunications (DoT) has sprung to the rescue of the Telecom Regulatory Authority of India (TRAI) which has come in for flak from private cellular operators on account of the unified licence policy that it seeks to introduce.

According to official sources, the department has prepared a detailed dossier on the controversy, incorporating inputs from its legal department which clearly states that the authority is "well within its powers" to make recommendations on the issue, as also the fact that it falls within the purview of the New Telecom Policy '99. As such the concept of unified licence is workable, and any legal petition against the move would not hold ground, it stated.

The DoT noted that, "The licensor has the power to amend/modify the licence at any time if it is convinced that it is in the public interest to do so or it is in the interest of proper conduct of telegraph".

If the regulator is able to ensure that no operator is treated unfavourably in the process of recommending the unified licence, the objections of the cellular operator can be met by it. If the regulator follows proper consultation procedure and acts in a transparent manner, the principal areas of challenge which can be mounted on such recommendation would really disappear.

"Provisions under NTP'99 clearly indicate the types of services and the licences. In case DoT wants to migrate to a unified licensing regime, there is no need to amend the NTP'99. Any policy of the Government is only an enabling provision. It is not an act of Parliament. The policy only gives the directions and the rules and details are worked out by the administrative ministry in accordance with the changed circumstances, which in any case are approved by the Government.

"Neither is there a need to amend the TRAI act. The regulator already has sufficient powers to independently regulate the telecom services," the DoT note states.

As regards questions being raised that there no need for such a unified licence at this time when the issue of convergence is pending before Parliament, DoT has defended the move by noting that the Convergence Bill has been pending for long.

"In any case the direction of the Government is clear from the proposed Act. The unified licence is step in the same direction. Whenever the convergence act comes into being its provisions will be applicable to the unified licence as it would have been applicable to the basic and cellular licences".

The sources noted that the private cellular operator, however, were on a weak wicket on this issue, since some of the integrated players have been pushing for such convergence in a related business - call centres. Their plea to allow domestic and international call centres to share infrastructure is nothing but convergence they said.

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