In a setback to Vodafone Idea, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has dismissed an appeal by the company challenging a directive by Telecom Regulatory Authority of India (Trai) to provide outgoing SMS facility to all prepaid customers, irrespective of the value of tariff plan for availing mobile number portability (MNP).
The regulator, on December 7, had directed all telcos to enable facility for sending SMS for porting out, irrespective of the value of the tariff vouchers. The direction followed a complaint by Reliance Jio, which had alleged that both Vodafone Idea and Bharti Airtel were creating barriers for subscribers who want to port out, by not offering outgoing SMS facility in lower-denomination pre-paid plans.
Vodafone Idea had challenged the Trai order by arguing that when a subscriber opts for a tariff pack, which has no SMS facility, he chooses to surrender his right to avail MNP facilities. But the tribunal said the contention of the company does not merit consideration as MNP regulations, create an obligation upon telecom operators to facilitate all subscribers in availing MNP 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 impugned order of Trai dated December 7, 2021 is found to be within its powers and requires no interference. The petition is, therefore, dismissed. There shall be no order as to costs,” TDSAT in its order.
The tribunal though said Trai should provide reasonable time to Vodafone Idea to implement the directions. Further, TDSAT said Trai should issue a clarification that telecom operators are entitled to charge for the SMS for porting out at the usual rate.
The issue around lack of outgoing SMS facility on certain lower denomination plans gained prominence after the tariff hikes last year. After the hikes, the minimum plan which offered outgoing SMS facility stood at `179 for Vodafone Idea whereas Bharti Airtel’s lowest denomination plan with outgoing SMS facility was Rs 128. Although there were pre-paid plans below the denomination, but they were not offering outgoing SMS facility.
Reliance Jio felt the move by the two firms was creating an artificial barrier to retain subscribers, so it complained to Trai. As per Jio, these type of tariff plans were anti-consumer as they force a subscriber to pay a higher price in case they want to port out. On its part, Jio was offering outgoing SMS facility on all the plans.
While issuing the directive, Trai said it had received various complaints from subscribers for not being able to send SMS on short code 1900, specified for UPC generation for availing MNP facility despite having sufficient balance in their pre-paid accounts.
As per the MNP regulations, every mobile operator shall facilitate in its entire network, mobile number portability to all subscribers, both pre-paid and post-paid and shall, upon request, provide the same on a non-discriminatory basis.
The sub-regulation (1) of regulation 5 of MNP rules provides that every operator shall set up, in its mobile network, a mechanism for the purpose of receiving SMS from its subscribers requesting for a unique porting code and forwarding the same to the MNP zone to which the mobile number belongs.
On December, 3, 2010, Trai had directed all operators to treat the SMS sent to short code number 1900 as ordinary SMS for the purpose of charging and the rate for such SMS shall not exceed the tariff applicable for ordinary SMS under the tariff plan opted by the subscriber.
