Telecom  Disputes  Settlement  and  Appellate  Tribunal  (TDSAT)


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.