TRAI's Amendment To Mobile Number Portability Regulations Quashed By High Court Of Delhi
Syniverse Technologies (India) Pvt. Ltd V. Telecom Regulatory Authority of India
Writ Petition.(C) 1507)2018 & CM Appeal No 6169/2018 & 25847/2018
Justice Ravindra Bhat and Justice Prateek Jalan
TRAI Act and Article 14 of the Indian Constitution
Whether MNP Port Transaction Charge and Dipping Charge (Amendment) Regulations, 2018 is Ultravires the powers of the Telecom Regulatory Authority of India under TRAI Act?
The bench of Delhi High Court stated that, however, in our view, it TRAI was minded to accept your proposal of such a fundamental nature, some father consultation has to be required. It may be that much for the consultation is not called for in every case where draught regulations are modified in response to the stakeholder comments, changing which has a drastic impact on the scheme of the regulations such as the one under consideration, do require a for the opportunity to be given to the affected stakeholders. As in the present case, it is evident that there may be many situations where the intern dress of all stakeholders are not identical.
the MNP service providers the petitioners herein are the ones most adversely affected by the restrictions placed on the entitlement. They are out to have been consulted for you to making this new amendment during the consultative process. Even where a porting request is ultimately unsuccessful, the MNP service provider necessarily has expanded resources in processing it. There is, therefore neither a statutory basis nor any other reasonable explanation, for the limitation placed by impugned amendment.
The reason for struck down amendments is lack of transparency, inasmuch as the consultation paper issued by TRAI did not indicate that porting charges would be payable only for successful transactions. The explanatory memorandum to the impugned Amendment Regulations does not reveal adequate consideration of the comments submitted by the MNP service. Limiting the entitlement of the MNP service providers to situations of successful porting is contrary to law. The important amendment is also ex facie arbitrary and unreasonable as per the port transaction charges of Rs 4/- has been computed on the basis of the number of porting request received.
ABOUT THE AUTHOR
Vijayalakshmi Raju, Final year law student BA LL.B (Honours) from Dr Ambedkar Global Law Institute Tirupati, A.P (India). You can contact at https://www.linkedin.com/in/vijayalakshmi-raju-bb03b7170
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