The telecom tribunal on Thursday ruled that TRAI's directive that enabled users to port out of their network via SMS request, regardless of the value of their tariff plans "requires no interference", as it dismissed a petition filed by Vodafone Idea.
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT), however, asked sector regulator TRAI to provide a "reasonable time" to Vodafone Idea Ltd (VIL) to implement the impugned directions for all its subscribers, irrespective of the value of the tariff offers or vouchers.
The tribunal, in its order, said the TRAI directive dated December 7, 2021 "requires no interference" and is found to be within the regulator's powers.
The tribunal was hearing VIL's appeal against the TRAI directive.
VIL's argument that by opting for a voucher or pack without SMS facility, the subscriber may choose to surrender right to avail port out facilities, "does not merit consideration", TDSAT said.
The port out or Mobile Number Portability (MNP) norm, independently creates an obligation upon access providers to facilitate all subscribers to request through SMS and avail the facility of port out on a non-discriminatory basis.
"Such obligation flows from careful reading of the MNP Regulations. TRAI cannot be faulted for issuing directions to enforce such obligations," the TDSAT order said.
The petition is, therefore, dismissed, it said.
It is pertinent to mention that in December 2021, Telecom Regulatory Authority of India or TRAI had directed telecom operators to enable port out SMS facility for all mobile users requiring it, irrespective of value of their tariff offer, vouchers, or plans they opted for.
TRAI's stern missive on smooth network portability, assumed significance as Reliance Jio had, at that time, written to the regulator complaining that the new tariff structure of VIL allegedly restricts entry-level customers to port out their mobile number from its network.
TRAI had taken a strong note of telecom service companies not providing outgoing SMS facility in certain prepaid vouchers.
TDSAT, in its order on Thursday, said that reading the obligations upon operators under MNP regulations in a restricted manner as pleaded on behalf of appellant would make the norms unworkable for many subscribers.
"On the other hand the interpretation or meaning of the Regulations 4 and 5(1) of MNP regulations as urged by TRAI does not have any substantial effect upon the regime of forbearance in matters of tariff formulation," TDSAT said.
The tribunal found the stand of the regulator to be "fair and reasonable".
An e-mail sent to VIL for comments, did not elicit a response.
"It has been conceded on behalf of respondent that Access Service Providers shall be entitled to charge for the SMS messages requesting for a unique porting code and also for communicating such code to the subscriber through SMS message, at the usual rate for SMS which is charged from subscriber having such facility," the tribunal said in its order.
This issue should be clarified by TRAI through an addendum or independent clarification in the impugned direction so that the facility of even limited SMS for network portability is not free of cost and is made chargeable from the subscribers concerned, when availed for the purpose of portability, the TDSAT order said.
(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
Dear Reader,
Business Standard has always strived hard to provide up-to-date information and commentary on developments that are of interest to you and have wider political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering have only made our resolve and commitment to these ideals stronger. Even during these difficult times arising out of Covid-19, we continue to remain committed to keeping you informed and updated with credible news, authoritative views and incisive commentary on topical issues of relevance.
We, however, have a request.
As we battle the economic impact of the pandemic, we need your support even more, so that we can continue to offer you more quality content. Our subscription model has seen an encouraging response from many of you, who have subscribed to our online content. More subscription to our online content can only help us achieve the goals of offering you even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practise the journalism to which we are committed.
Support quality journalism and subscribe to Business Standard.
Digital Editor
RECOMMENDED FOR YOU