Trai, telecom companies spar over data demand
While Trai argues that data such as details for subscribers using specific recharge packs sought recently is essential for transparency and effective regulation, telcos have raised concerns over competitive sensitivity and the administrative burden they face for meeting those data sharing requests. This has led to a growing standoff between the two, one of the two people said.
'Trai is the sector regulator and its various divisions require data from telecom operators on a regular basis. This data is essential for Trai to check quality of service, compliance by the operators, competitive behaviour and most importantly to serve consumer interest," the second person said, adding that it is the obligation of telecom operators to share such information.
Also read:
Bharti Hexacom puts
₹
1,134 cr tower sale deal with
Indus Towers
on hold after TCIL intervenes
Under Section 12 of the Trai Act, 1997, the regulator has the right to call upon any service provider at any time to provide information or explanation relating to its affairs. The telecom operators, however, have raised concerns over this practice by Trai, especially on the diversity and increased cases of such requests by the regulator.
'The current operational framework requesting various data/reports by various divisions of Trai has raised significant procedural and business-related concerns that warrant immediate action of the authority," the Cellular Operators Association of India (COAI) said in a letter dated 10 February to Trai secretary Atul Kumar Chaudhary.
Mint
has seen a copy of the letter. COAI represents major telecom operators such as Bharti Airtel, Reliance Jio and Vodafone Idea. Queries emailed to COAI and Trai on Wednesday morning did not elicit any response.
While COAI said the operators aim to support the regulatory process in the best possible manner, it said Trai should avoid asking for 'commercially sensitive" information. 'In certain cases, the data, information and presentations have been solicited with very short response timelines—which presents substantial operational challenges for TSPs (telecom service providers)," COAI said, adding that such short timelines put risk of either non-compliance to timelines or risk of information being submitted without adequate checks and balances.
Also read:
Telcos warn of network rollout delays as states lag on infra rules
'Yes, the telecom operators can seek time to provide information, but they should not suggest Trai to avoid making requests for business-sensitive information," said Satya N. Gupta, former principal advisor at Trai.
According to Gupta, Trai can request any information. If the telecom operator thinks the information sought is business sensitive, they can request that Trai keep it confidential and not share it with others.
In a five-point suggestion to Trai for seeking data, the telecom association said the regulator should do an impartial analysis to check for commercial sensitivity of the data before asking the telecom operators. 'Further, no data should be sought that is beyond the scope of the authority's powers and functions and pertains to other competent authorities like LEAs (law enforcement agencies)," COAI said.
Besides, the association has asked for adequate time to comply with certain data requests.
'Failure to comply (with Trai's directions) may result in Trai issuing show-cause notices (to the operators), initiating enforcement actions or recommending penal measures to the Department of Telecommunications, which may include financial penalties or action under the relevant license conditions," said Sukrit Kapoor, partner at King Stubb & Kasiva, Advocates and Attorneys.
'While operators may raise concerns about commercially sensitive data, they cannot unilaterally refuse disclosure. However, if an operator believes that Trai's request is excessive, arbitrary, or outside the scope of its powers, it may approach the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) under Section 14 of the Trai Act to seek relief," Kapoor added.
Lately, there have been multiple disputes between the regulator and the telecom operators. Trai recently imposed a
₹
141 crore financial disincentive on the operators due to their failure to curb spam. After operators approached the telecom tribunal, the penalty order was stayed.
'The next hearing of the case is on 25 July. Trai might seek an early hearing in the matter," said an official on the condition of anonymity.
Also read:
India's public wifi ambitions falters as telcos resist subsidising their rivals
In February, the telecom operators also criticized Trai's new rules to curb spam calls and messages, citing that the authority has substantially increased the penalty imposed on the TSPs for not curbing spam. According to operators, Trai has left over-the-top (OTT) communication apps like WhatsApp and telemarketers outside its regulatory framework.
The ministry of electronics and information technology (MeitY) will engage with stakeholders to tackle spam over OTT platforms, according to a Trai release on 25 April. The regulator is currently deliberating the contours of bringing telemarketers under the regulatory ambit,the official cited above added
.
Last year, Reliance Jio argued that Trai should revise the consultation paper on satellite spectrum pricing. The telecom operator said the Trai consultation overlooked issues related to a level playing field between telecom operators and satellite companies as it did not consider the spectrum auction method for satellite internet services. Trai, however, dismissed Jio's request, citing that the Telecom Act already paved the way for administrative (non-auction) allocation of satellite spectrum.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Economic Times
2 hours ago
- Economic Times
TDSAT halts ₹141 cr spam penalties on telcos, next hearing on August 8
ETTelecom Representative image. India's telecom operators won't need to pay penalties to the tune of around Rs141 crore levied by regulator for not being able to control spam till August 8, the next date of hearing on the case in the Telecom Disputes Settlement & Appellate Tribunal (TDSAT). The telecom tribunal, at a hearing Thursday, adjourned the matter till August 8, and asked the Telecom Regulatory Authority of India (Trai) to submit an affidavit on the matter. During the hearing, both sides presented their arguments. As Trai has to share further information, the tribunal asked the counsel for the regulator to file an affidavit containing the requisite details. The regulator had levied penalties on all three private telcos - Reliance Jio, Bharti Airtel and Vodafone Idea as well as state-run Bharat Sanchar Nigam Ltd. (BSNL) - for failing to control spam. However, the operators had challenged the penalties, arguing that the regulator should not have levied the penalties when an anti-spam platform was still in the process of development. TDSAT had stayed the Trai's penalties in January. The fines were levied as part of the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR). The telcos argue that the delays in implementation of spam control measures were caused due to Covid and they were not responsible for the delay. To support their point, the telcos submitted details to the TDSAT stating that when Trai imposed the penalties, the digital consent acquisition (DCA) platform was still being staying the penalties in its January 28 order, the TDSAT had observed that telecom firms were not responsible for the delay in implementation of the regulations, including the DCA.'Thus, it is unfair and arbitrary on the part of the respondent to impose financial disincentives on the appellants (telcos) for something which was beyond their control,' TDSAT said in the January levying of penalties on telecom firms as part of the TCCCPR has been a bone of contention between the regulators and telcos. While the regulator has been imposing penalties on telcos, it has not realised any money as operators contended that they should not be held accountable for something which they don't control or to get the amount itself, the regulator had even asked the Department of Telecommunications (DoT) to encash the bank guarantees of the companies to recover the amount. But the DoT has not agreed to the request of regulator has been strengthening the TCCCPR rules, but the telcos argue that since key stakeholders like telemarketers, over the top (OTT) have been kept out of the purview of the rules, there won't be desired results to curb spam.
Economic Times
20 hours ago
- Economic Times
DTH companies may get licence fee relief
Mumbai: The ministry of information and broadcasting (MIB) is reviewing the licence fee structure for direct-to-home (DTH) services as lobbying by operators intensifies amid rising subscriber churn and falling revenues, people aware of the development told ET. The ministry is in the process of preparing a Cabinet note that could lead to a significant reduction in the fee charged to private DTH operators, namely Tata Play, Airtel Digital TV, Dish TV and Sun Direct, the people cited earlier said, adding that any proposal to reduce licence fee will also require approval from the finance ministry, as it involves revenue considerations. Following the inter-ministerial consultation, the proposal will require the Union Cabinet's approval for implementation. DTH providers pay 8% of their adjusted gross revenue (AGR) as licence fee. Industry players argue that this cost has become increasingly difficult to bear, as more consumers migrate to OTT streaming services and the free-to-air DD Free Dish officials confirmed that deliberations are underway and indicated that a decision is likely, though they did not specify a possible revision follows repeated recommendations from the Telecom Regulatory Authority of India (Trai), which has urged the ministry to reduce the fee to 3% in FY26 and abolish it entirely by the end of FY27. Trai argues that DTH platforms should be treated on par with other distribution services, whether regulated or not, such as cable TV, DD Free Dish and OTT platforms, none of which pay a licence fee."The DTH sector is under considerable financial strain, and we urge the government to implement Trai's recommendations without delay," said Dish TV CEO Manoj Dobhal. "Regulatory relief is essential for our viability, especially as consumer behaviour shifts and revenues decline."India's active pay-TV DTH subscriber base has dropped from 70.26 million in 2020 to 56.92 million in 2025, a loss of over 13 million subscribers in five years, according to Trai's Performance Indicators FY24, the combined revenue of the four private DTH operators stood at ₹10,230 crore, down 5% from the previous year. Meanwhile, the IB ministry has issued demand notices worth over Rs16,000 crore to these companies for unpaid licence fees, a figure that exceeds the sector's total annual ministry's licence fee collection from DTH has plunged from ₹1,581 crore in FY22 to ₹648 crore in FY25, a decline of nearly 59%, highlighting the sector's worsening financial operators have previously petitioned the government to eliminate the licence fee altogether. They argue that their platforms should be treated on par with other TV distribution systems such as cable and IPTV, which are not subject to similar levies.
Time of India
21 hours ago
- Time of India
DTH companies may get licence fee relief
Mumbai: The ministry of information and broadcasting (MIB) is reviewing the licence fee structure for direct-to-home (DTH) services as lobbying by operators intensifies amid rising subscriber churn and falling revenues, people aware of the development told ET. The ministry is in the process of preparing a Cabinet note that could lead to a significant reduction in the fee charged to private DTH operators, namely Tata Play, Airtel Digital TV, Dish TV and Sun Direct, the people cited earlier said, adding that any proposal to reduce licence fee will also require approval from the finance ministry, as it involves revenue considerations. Following the inter-ministerial consultation, the proposal will require the Union Cabinet's approval for implementation. Explore courses from Top Institutes in Please select course: Select a Course Category Digital Marketing Data Science Design Thinking Healthcare MCA PGDM Public Policy Cybersecurity Management healthcare MBA Project Management Data Analytics Degree Finance Product Management Operations Management Leadership Others Technology Data Science others Artificial Intelligence CXO Skills you'll gain: Digital Marketing Strategies Customer Journey Mapping Paid Advertising Campaign Management Emerging Technologies in Digital Marketing Duration: 12 Weeks Indian School of Business Digital Marketing and Analytics Starts on May 14, 2024 Get Details Skills you'll gain: Digital Marketing Strategy Search Engine Optimization (SEO) & Content Marketing Social Media Marketing & Advertising Data Analytics & Measurement Duration: 24 Weeks Indian School of Business Professional Certificate Programme in Digital Marketing Starts on Jun 26, 2024 Get Details DTH providers pay 8% of their adjusted gross revenue (AGR) as licence fee. Industry players argue that this cost has become increasingly difficult to bear, as more consumers migrate to OTT streaming services and the free-to-air DD Free Dish platform. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 15 most beautiful women in the world Undo Government officials confirmed that deliberations are underway and indicated that a decision is likely, though they did not specify a timeline. The possible revision follows repeated recommendations from the Telecom Regulatory Authority of India (Trai), which has urged the ministry to reduce the fee to 3% in FY26 and abolish it entirely by the end of FY27. Live Events Trai argues that DTH platforms should be treated on par with other distribution services, whether regulated or not, such as cable TV, DD Free Dish and OTT platforms, none of which pay a licence fee. "The DTH sector is under considerable financial strain, and we urge the government to implement Trai's recommendations without delay," said Dish TV CEO Manoj Dobhal. "Regulatory relief is essential for our viability, especially as consumer behaviour shifts and revenues decline." India's active pay-TV DTH subscriber base has dropped from 70.26 million in 2020 to 56.92 million in 2025, a loss of over 13 million subscribers in five years, according to Trai's Performance Indicators Reports. In FY24, the combined revenue of the four private DTH operators stood at ₹10,230 crore, down 5% from the previous year. Meanwhile, the IB ministry has issued demand notices worth over Rs16,000 crore to these companies for unpaid licence fees, a figure that exceeds the sector's total annual revenue. The ministry's licence fee collection from DTH has plunged from ₹1,581 crore in FY22 to ₹648 crore in FY25, a decline of nearly 59%, highlighting the sector's worsening financial position. DTH operators have previously petitioned the government to eliminate the licence fee altogether. They argue that their platforms should be treated on par with other TV distribution systems such as cable and IPTV, which are not subject to similar levies.
