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Dispute Settlement Mechanism in Telecom Sector

Dispute Settlement Mechanism in Telecom Sector. A Management Perspective. K.Sridhara,CGM,TN Telecom Circle. Agenda. What is Telecom Dispute? Why Dispute Arises? Nature of Disputes Dispute Resolution Mechanisms TDSAT Other Mechanisms How to reduce Disputes?. What is a Dispute?.

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Dispute Settlement Mechanism in Telecom Sector

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  1. Dispute Settlement Mechanism in Telecom Sector A Management Perspective K.Sridhara,CGM,TN Telecom Circle

  2. Agenda • What is Telecom Dispute? • Why Dispute Arises? • Nature of Disputes • Dispute Resolution Mechanisms • TDSAT • Other Mechanisms • How to reduce Disputes?

  3. What is a Dispute? In a Customer’s View Dispute Complaints Grievances

  4. What is a Dispute? In an Operator’s View Dispute Grievances

  5. Evolving Scenario in Telecom Sector Licensor Regulator Telecom Environment Operator1 Customer Operator n

  6. Disputes specific to the “telecom” sector Technical co-location requirements Interconnection Leased lines Access products are at the centre of many disputes Delays Infrastructure sharing Service level agreements Frequency use and interference Pricing and cost accounting Rights of way

  7. Where we are… • What is Telecom Dispute? • Why Dispute Arises? • Nature of Disputes • Dispute Resolution Mechanisms • TDSAT • Other Mechanisms • How to reduce Disputes?

  8. Why Dispute Arises? • Ambiguous agreements. • No transparent tariff and service conditions. • Task interdependencies • Competing objectives • Threat to status. • Unresolved prior conflicts

  9. Telecom Dispute • When One of the operator acts in detrimental to others, dispute arises. • When one of the operator is not acting also , dispute arises. • When the operator is not affected also, dispute may arise.

  10. Telecom Dispute • Sometimes the actions taken may be incorrect legally or morally. • For incorrect actions taken on moral grounds there may not be any redressal.

  11. “Conditions Apply” • One can not complaint any problem as dispute on the basis of some hidden charges or conditions.

  12. Where we are… • What is Telecom Dispute? • Why Dispute Arises? • Nature of Disputes • Dispute Resolution Mechanisms • TDSAT • Other Mechanisms • How to reduce Disputes?

  13. Nature of Disputes • Ever changing • Cycle of disputes Policy Incumbent Competition

  14. Nature of Disputes • Policy & Licence: • WLL • Level Playing Field • Refund of Fees & Interest • AGR Definition • Migration Package • Taxes etc.

  15. Nature of Disputes • Incumbent: • Interconnection • Unbundling • Accounting Separation • Predatory Pricing

  16. Nature of Disputes • Competition: • Allocation of Spectrum • Unfair Trade Practices • Entry Barriers • Signals Interference etc.

  17. Where we are… • What is Telecom Dispute? • Why Dispute Arises? • Nature of Disputes • Dispute Resolution Mechanisms • TDSAT • Other Mechanisms • How to reduce Disputes?

  18. Dispute Resolution A strategic concernfor telecom policy-makers and regulators

  19. Dispute Resolution Failure to resolve disputes will • Retard the introduction of new services and infrastructure • Limit investment and restrains competition • Result in higher prices and lower quality • Ultimately impedes economic and technical development

  20. Where we are… • What is Telecom Dispute? • Why Dispute Arises? • Nature of Disputes • Dispute Resolution Mechanisms • TDSAT • Other Mechanisms • How to reduce Disputes?

  21. Dispute Resolution Mechanisms ØTDSAT is Empowered to adjudicate any dispute between: • -Licensor and a Licensee. • - two or more Service Providers. • - a Service Provider and a Group of Consumers.

  22. EFFICACY of RESPONSE Flexible & Responsive instead of Rigid & Technical Function is to Regulate and Not onlyAdjudicate

  23. EFFICACY & EXPECTATIONS • Not looking for a mere substitute to the High Court but an Adjudicator and Regulator rolled in one • TDSAT should be able to mould relief

  24. Where we are… • What is Telecom Dispute? • Why Dispute Arises? • Nature of Disputes • Dispute Resolution Mechanisms • TDSAT • Other Mechanisms • How to reduce Disputes?

  25. Dispute Resolution Mechanisms • Other mechanisms suggested are: - Adalats - Arbitration (Jordan) - Consultation (Botswana) - Negotiations -Ombudsman.

  26. Where we are… • What is Telecom Dispute? • Why Dispute Arises? • Nature of Disputes? • Dispute Resolution Mechanisms • TDSAT • Other Mechanisms • How to reduce Disputes?

  27. How to reduce disputes? • Clear terms of agreement. • Transparent tariff. • Self Regulations • Consensus Building.

  28. “Imaginary” Disputes • When a problem is not a dispute and if it is brought to adjudication, then it should be viewed seriously and should be heavily fined.

  29. THANK YOU

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