Dispute Settlement Mechanism in Telecom Sector

Dispute Settlement Mechanism in Telecom Sector

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A Management Perspective

K.Sridhara,CGM,TN Telecom Circle


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What is Telecom Dispute?Why Dispute Arises?Nature of DisputesDispute Resolution Mechanisms

TDSATOther Mechanisms

How to reduce Disputes?

Agenda


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What is a Dispute?In a Customer’s View

Grievances

Complaints

Dispute


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What is a Dispute?

Grievances

Dispute

In an Operator’s View


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Telecom Environment

Regulator Licensor

Customer Operator1

Operator n

Evolving Scenario in Telecom Sector


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Disputes specific to the “telecom” sector

Access products are at the

centre of many disputes

Technical co-locationrequirements

Delays

Service levelagreements

Pricing andcost accounting

Interconnection

Leased lines

Infrastructuresharing

Frequency use andinterference

Rights of way


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Where we are…


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Why Dispute Arises?

• Ambiguous agreements.

• No transparent tariff and service conditions.

• Task interdependencies

• Competing objectives

• Threat to status.

• Unresolved prior conflicts


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Telecom Dispute

1. When One of the operator acts in detrimental to others, dispute arises.

2. When one of the operator is not acting also , dispute arises.

3. When the operator is not affected also, dispute may arise.


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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.


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“Conditions Apply”• One can not complaint any problem as

dispute on the basis of some hidden charges or conditions.


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Where we are…


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Nature of Disputes

• Ever changing

• Cycle of disputes


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Nature of Disputes

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


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Nature of Disputes

• Incumbent:• Interconnection• Unbundling• Accounting Separation• Predatory Pricing


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Nature of Disputes

• Competition:– Allocation of Spectrum

– Unfair Trade Practices

– Entry Barriers

– Signals Interference etc.


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Where we are…


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Dispute Resolution

A strategic concernfor telecom policy-makers and regulators


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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


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Where we are…


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Dispute Resolution Mechanisms

TDSAT is Empowered to adjudicate any dispute between:

• -Licensor and a Licensee.• - two or more Service Providers.• - a Service Provider and a Group

of Consumers.


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EFFICACY of RESPONSE

Flexible & Responsiveinstead of

Rigid & Technical

Function is to Regulate and Not only Adjudicate


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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


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Where we are…


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Dispute Resolution Mechanisms

• Other mechanisms suggested are:

- Adalats

- Arbitration (Jordan)

- Consultation (Botswana)

- Negotiations

-Ombudsman.


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What is Telecom Dispute?Why Dispute Arises?Nature of Disputes?Dispute Resolution Mechanisms



Where we are…


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How to reduce disputes?

• Clear terms of agreement.

• Transparent tariff.

• Self Regulations

• Consensus Building.


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“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.


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Documents

Dispute Settlement Mechanism in Telecom Sector