TRAI recommendation to impose fine on Vodafone challenged in Old Delhi HC

Telecom major Vodafone on Fri told the Old Delhi court that the medium regulatory agency of India’s recommendation to the Centre to impose Rs 1050 large integer penalty on that for not giving interconnectivity to Reliance Jio was Associate in Nursing “arbitrary” call. TRAI has counseled imposition of a fine of Rs fifty large integer for every of the twenty one circles of Vodafone, except in Jammu and Kashmir, coming back to a complete of Rs 1050 large integer. Justice Sanjeev Sachdeva didn't pass any orders once TRAI’s lawyers sought-after time until Gregorian calendar month nineteen to require directions on the steps taken by the authority once it issued a show cause notice to Vodafone on Sep twenty seven. Vodafone has claimed that the whole method adopted by TRAI was “arbitrary” as Reliance proclaimed Jio supply on Sep 5-6 and had thenceforth created payment for “augmentation of interconnection links” on Sep twenty five once that there was a 90-day amount to produce interconnectivity.

Senior advocate Meet Malhotra and central government standing counsel Kirtiman Singh, showing for TRAI, sought-after time for directions once the court asked however the Sep thirty meeting of TRAI with all operators was control before termination of ten days given to Vodafone to reply to the show cause notice. “In these circumstances, however will even the findings be sustained,” it asked and additional that after a recommendation was created it might cloud judgement of decision-taking authority.

Vodafone, delineate by senior advocate Rajiv Nayar, contended that it had time until Gregorian calendar month finish this year for providing interconnectivity to Jio and even before termination of the amount it's provided ten,000 connections. throughout arguments, Nayar aforementioned TRAI didn't have the facility to suggest imposition of penalty and it will solely suggest revocation of licence for breach of licence conditions and sought-after setting aside of the advice. He argued that TRAI has the facility to impose “financial disincentives” for breach of Quality of Service rules and to make sure compliance of terms and conditions of licence.

Vodafone has additionally aforementioned that no correct hearing was given to that by TRAI before issue of advice of Oct twenty one. The court can hear the matter once more on Gregorian calendar month twenty one. TRAI, in its recommendation to the DoT, had aforementioned it's found Vodafone to be non-compliant with licence conditions and repair quality norms given the high rate of decision failures and congestion at interconnect points for RJio.

The regulatory agency additionally noted that denial of interconnection by some existing operators, together with Vodafone, to RJio “appears to be with the ulterior motive to stifle competition and is anti-consumer”. TRAI had additionally counseled imposition of penalty of Rs 1050 large integer on Airtel, at Rs fifty large integer for every of its twenty one circles, and Rs 950 large integer on plan Cellular for nineteen circles.

The regulator had not counseled cancellation of their medium licences speech it should result in “significant client inconvenience”. the advice had return on a grievance by Reliance Jio that over seventy five per cent of calls on its network area unit failing as these medium firms weren't giving spare points of interconnect that may facilitate complete calls.