The Telecom division (DoT) is unhappy with the Telecom Regulator’s decision which amends the cell quantity portability carrier providers’ allows for (MNPSP), in step with the commercial instances. Questioning the decision, the DoT wrote a 3-page letter to the Secretary of the Telecom Regulatory Authority of India (TRAI). within the letter, the DoT expressed its unease over the telecom regulator’s notification issued closing September, which allowed an increase of two hours “destroy time” in porting a host to any other cellular provider supplier’s community. Earlier than the issue of this notification, a subscriber’s services and products could handiest be disrupted for a most of two hours.
The DoT negated the TRAI’s rationalization that an MNPSP features as facilitator in porting the number from one provider to every other. Rationalizing its argument, the DoT has said that both cellular provider providers and the MNPSP are in fact telecom licensees.
DoT hauls up the TRAI for a notification which allowed MNSPs an increased damage time for porting a customer
In its verbal exchange with the regulator, the DoT has said that, “each of the licenses are granted underneath section four of the Indian Telegraph Act 1885 and so the honor created through TRAI that MNP provider is most effective a ‘facilitator’ is not right.”
the department also spoke about part eleven (1) (a) (ii) of the TRAI Act which states that the regulator simplest has recommendatory operate within the topic of phrases and conditions of license to a provider. By means of that good judgment, the DoT stated that issuing rules which resulted in a transformation of license stipulations would contradict the TRAI Act.
the usage of an example of a Telecom Disputes settlement and Appellate Tribunal judgment again in 2005, the DoT pointedly mentioned that the laws which have been issued by using the regulator need to be in step with the license stipulations and now not defeat them entirely. Any other instance used was once a Supreme Court docket judgment of 2011 which strengthened the DoT’s level that the regulator’s powers can best be recommendatory in nature.
The TRAI, defending its resolution, has stated that the order was once made consistent with the unified get admission to service license which clearly says that the porting process is to be treated by using TRAI, every now and then. The DoT has because refuted this claim, declaring that the fitting isn’t valid if an order issued alters a telecom license.
in a letter, which was sent out on March 12, a regulator defended the TRAI’s stance by means of saying, “In MNP process, deactivation and activation of cellular numbers is carried out through get entry to suppliers performing as donor or recipient operators. MNP provider plays the position of a facilitator most effective. Therefore, modification to MNSP license must be carried out so to convey it in step with general MNP porting course of.”