Dispute Settlement Mechanism in Telecom Sector

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Dispute Settlement Mechanism in Telecom Sector

• A Management Perspective

K.Sridhara,CGM,TN Telecom Circle
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Agenda

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

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What is a Dispute?
In a Customers View
Dispute
Complaints
Grievances
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What is a Dispute?
In an Operators View
Dispute
Grievances
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Evolving Scenario in Telecom Sector
Licensor
Regulator
Telecom Environment
Operator1
Customer
Operator n
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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
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Where we are

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

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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

• 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.

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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

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

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Nature of Disputes

• Ever changing
• Cycle of disputes

Policy
Incumbent
Competition
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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

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

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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

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

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Dispute Resolution Mechanisms

• Ø 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 Responsive
• instead 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

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

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Dispute Resolution Mechanisms

• Other mechanisms suggested are
• - Adalats
• - Arbitration (Jordan)
• - Consultation (Botswana)
• - Negotiations
• -Ombudsman.

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Where we are

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

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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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THANK YOU