DoT, TRAI tussle intensifies

NEW DELHI, Feb 10: The face-off between the Telecom Regulatory Authority of India TRAI and the Department of Telecommunications DoT seem...

NEW DELHI, Feb 10: The face-off between the Telecom Regulatory Authority of India TRAI and the Department of Telecommunications DoT seems to have taken a turn for the worse. At the root of the problem is DoT8217;s bid to make an amendment in the TRAI Act, barely a year after the Act was passed in March, 1997.

While there has been talk of differences between the two sides for a long time now, with both sides reiterating that their problems were a creation of the media, The Indian Express is now in possession of letters between the TRAI chairman, Justice S S Sodhi, and DoT secretary A V Gokak, which show the extent of the face-off between the two sides.

In a letter dated January 19, Justice Sodhi sought DoT8217;s cooperation in bringing out the proposed changes in the TRAI Act only after a 8220;transparent consultative process8221; had been followed. The letter says 8220;we in the TRAI understand that DoT has circulated a draft Cabinet note for inter-ministerial consultations proposing certain amendments to the TRAIAct.8221; The letter also states that 8220;the proposed amendments are designed to change the basic mandate of the present Act.8221;

A V Gokak, in his reply dated January 28, stated, 8220;It is not uncommon for the Government to effect changes in an existing legislation, keeping in mind emerging needs and circumstances.8221; The letter further states, 8220;I need hardly emphasise that before any enactment is amended, the necessity for the same has to be judged at the highest level in the Government. It is for the Government to appreciate the facts and circumstances of the case and ultimately decide whether an amendment is required.8221; DoT, it seems, was in no mood to entertain any overtures from the TRAI in being involved in the consultations leading to the amendments in the Act.

The letter from Gokak further states that 8220;in this context the department has followed a standard and time-tested procedure of inter-ministerial consultations prior to the submission of the Cabinet note and this is consistent with the rules framedunder Transaction of Business rules.8221; The letter concludes by stating, 8220;I do not think that the procedure that we have followed lacks transparency.8221;

The TRAI chairman, as is evident from his reaction to Gokak8217;s letter sent to DoT on February 5, seems to have been upset by DoT8217;s attitude. In his second letter, Justice Sodhi hints that the Government has no basic right to 8220;effect changes in legislations8221;. His letter points out that the Government8217;s role in this regard would be limited to proposing changes8217; with only Parliament being authorised to effect them. The letter further states that 8220;the present Government has through several statements at the level of the Prime Minister and the Cabinet Secretary, pledged to make its policy formulation process transparent8221;.