Standing strong against the call drop charges issued by the TRAI, The union body of the telecom operators, COAI has filed an SLP (Special Leave Petition) in apex court challenging the Regulation issued by the Telecom Regulatory Authority of India (TRAI) on 16th October, 2015.
Prior, High Court of Delhi chaired a committee asserting Telcos to pay compensation to the consumers on call drops. Now, the telecom body has extended its plea to the SC to consider that the TRAI Regulation on Call Drops is ultra vires and the TRAI Act does not give TRAI adjudicatory powers and hence TRAI cannot grant compensation. Further, the TRAI regulation is also ultra vires the Telegraph Act of 1885 under which Mobile companies is licensed wherein 100% coverage of the licensed geography is not required. Hence call drops emanating from these areas should not be subject to compensation.
COAI said, “It is impossible to identify all the reasons for call drops and hence implementation of TRAI order is not feasible”.
COAI recognizes the inconvenience to customers due to call drops and is committed making the necessary investment and improvements to its networks, including working with the government to obtain required cell sites on government land and buildings.
The telecom industry has already invested more than Rs.50, 000 crore towards infrastructure upgradation and spectrum acquisition in 2014-15.
We believe the TRAI Regulation distracts the industry from focusing on the root causes of the problem which are lack of adequate spectrum and availability of cell tower locations said the release.