History
Until 1992, the department of telecommunication
under ministry of communications was exclusively
providing the telecom services all over the
country except Delhi and Mumbai.
On
April 1, 1986, the DOT hived off its operations
in Delhi and Mumbai to its own newly created
public sector undertaking - Mahanagar Telephone
Nigam Limited.
The
government framed a National Telecom Policy
in 1994 (NTP 1994) and allowed the participation
of private companies in the telecom field except
national long distance and international long
distance services.
The
government issued licences to private companies
in a phased manner, initially for value added
services such as paging and cellular mobile
telephone service and thereafter for fixed telephone
services, through competitive bidding.
NTP
1994 gave highest priority to the development
of telecom services in the country. The telephone
density in India at that time was about 0.8
per 100 as against the world average of 10 per
100 population. There were about total 8 million
telephone lines in the country, with the waiting
list of about 2.5 million. Out of 6 lac villages,
only 1.4 lac villages were covered by the telephone
services.
In 1997, a separate regulatory body was constituted
- "Telecom Regulatory Authority of India
(TRAI)" through an Act of Parliament -
"Telecommunication Regulatory Authority
of India Act 1997". Apart from regulating
licenses issued by the central government, TRAI
was also vested with certain quasi-judicial
authority to adjudicate and settle disputes.
Later the government reviewed NTP 1994 and in
March 1999 announced a new Telecom Policy (NTP
1999) that envisaged the opening of long distance
and international long distance services to
private competition.
In 2000, the "Telecom Regulatory Authority
of India Act, 1997" was amended by the
"Telecom Regulatory Authority of India
(Amendment) Act, 2000". The amendments
were brought about to remove certain difficulties
that had arisen in implementation of the earlier
Act. The adjudicator role of the TRAI was separated
and assigned to newly created "Telecom
Disputes Settlement and Appellate Tribunal (TDSAT)".
The amendments have strengthened the regulatory
framework inter alia by clearly demarcating
the regulatory and recommendatory functions
of TRAI and have also strengthened the disputes
settlement mechanism, by providing for the establishment
of TDSAT. The TDSAT adjudicates any dispute
between a licensor and a licensee, between two
or more service providers, between a service
provider and group of consumers, and to hear
and dispose of appeals against any direction,
decision or order of TRAI.
The Act also provides for the TDSAT to consist
of a Chairperson and not more than two Members
who shall hold office for a term not exceeding
three years. The Chairperson is a person who
is, or has been, a Judge of the Supreme Court
or the Chief Justice of a High Court. The Member
is a person who has held the post of Secretary
to the Government of India or any equivalent
post in the Central Government or the State
Government for a period of not less than two
years or a person who is well versed in the
field of technology, telecommunication, industry,
commerce or administration.
TDSAT came into existence on May 29, 2000 and
started hearing cases from January 2001. Hon'ble
Mr Justice Suhas C. Sen, former Judge of Supreme
Court of India, was appointed its first Chairperson.
Hon'ble Mr Justice D. P. Wadhwa, a former Judge
of the Supreme Court as, Chairperson, presently
heads TDSAT. Mr. Vinod Vaish, former Secretary
to the Government of India, is the Member of
the Appellate Tribunal.