BSNL
Dispute Settlement Mechanism
in Telecom Sector
A Management Perspective
K.Sridhara,CGM,TN Telecom Circle
Dispute Settlement Mechanism in Telecom Sector
BSNL
Agenda
What is Telecom Dispute?
Why Dispute Arises?
Nature of Disputes
Dispute Resolution Mechanisms
TDSAT
Other Mechanisms
How to reduce Disputes?
Dispute Settlement Mechanism in Telecom Sector
BSNL
What is a Dispute?
In a Customer’s View
Dispute
Complaints
Grievances
Dispute Settlement Mechanism in Telecom Sector
BSNL
What is a Dispute?
In an Operator’s View
Dispute
Grievances
Dispute Settlement Mechanism in Telecom Sector
BSNL
Evolving Scenario in Telecom Sector
Licensor
Regulator
Telecom
Environment
Operator1
Customer
Operator n
Dispute Settlement Mechanism in Telecom Sector
BSNL
Disputes specific to the “telecom” sector
Technical co-location
requirements
Interconnection
Leased lines
Delays
Service level
agreements
Pricing and
cost accounting
Access products
are at the centre of
many disputes
Infrastructure
sharing
Frequency use and
interference
Rights of way
Dispute Settlement Mechanism in Telecom Sector
BSNL
Where we are…
What is Telecom Dispute?
Why Dispute Arises?
Nature of Disputes
Dispute Resolution Mechanisms
TDSAT
Other Mechanisms
How to reduce Disputes?
Dispute Settlement Mechanism in Telecom Sector
BSNL
Why Dispute Arises?
• Ambiguous agreements.
• No transparent tariff and service conditions.
•
•
•
•
Task interdependencies
Competing objectives
Threat to status.
Unresolved prior conflicts
Dispute Settlement Mechanism in Telecom Sector
BSNL
Telecom Dispute
1. When One of the operator acts in
detrimental to others, dispute arises.
2. When one of the operator is not acting
also , dispute arises.
3. When the operator is not affected also,
dispute may arise.
Dispute Settlement Mechanism in Telecom Sector
BSNL
Telecom Dispute
• Sometimes the actions taken may be
incorrect legally or morally.
• For incorrect actions taken on moral
grounds there may not be any redressal.
Dispute Settlement Mechanism in Telecom Sector
BSNL
“Conditions Apply”
• One can not complaint any problem as
dispute on the basis of some hidden charges
or conditions.
Dispute Settlement Mechanism in Telecom Sector
BSNL
Where we are…
What is Telecom Dispute?
Why Dispute Arises?
Nature of Disputes
Dispute Resolution Mechanisms
TDSAT
Other Mechanisms
How to reduce Disputes?
Dispute Settlement Mechanism in Telecom Sector
BSNL
Nature of Disputes
• Ever changing
• Cycle of disputes
Dispute Settlement Mechanism in Telecom Sector
BSNL
Nature of Disputes
• Policy & Licence:
–
–
–
–
–
–
WLL
Level Playing Field
Refund of Fees & Interest
AGR Definition
Migration Package
Taxes etc.
Dispute Settlement Mechanism in Telecom Sector
BSNL
Nature of Disputes
• Incumbent:
• Interconnection
• Unbundling
• Accounting Separation
• Predatory Pricing
Dispute Settlement Mechanism in Telecom Sector
BSNL
Nature of Disputes
• Competition:
– Allocation of Spectrum
– Unfair Trade Practices
– Entry Barriers
– Signals Interference etc.
Dispute Settlement Mechanism in Telecom Sector
BSNL
Where we are…
What is Telecom Dispute?
Why Dispute Arises?
Nature of Disputes
Dispute Resolution Mechanisms
 TDSAT
Other Mechanisms
How to reduce Disputes?
Dispute Settlement Mechanism in Telecom Sector
BSNL
Dispute Resolution
A strategic concern
for telecom policymakers and
regulators
Dispute Settlement Mechanism in Telecom Sector
BSNL
Dispute Resolution
Failure to resolve disputes will
• Retard the introduction of new services and infrastructure
• Limit investment and restrains competition
• Result in higher prices and lower quality
• Ultimately impedes economic and technical development
Dispute Settlement Mechanism in Telecom Sector
BSNL
Where we are…
What is Telecom Dispute?
Why Dispute Arises?
Nature of Disputes
Dispute Resolution Mechanisms
 TDSAT
Other Mechanisms
How to reduce Disputes?
Dispute Settlement Mechanism in Telecom Sector
BSNL
Dispute Resolution Mechanisms
TDSAT is Empowered to adjudicate
any dispute between:
•
-Licensor and a Licensee.
•
- two or more Service Providers.
•
- a Service Provider and a Group
of Consumers.
Dispute Settlement Mechanism in Telecom Sector
BSNL
EFFICACY of RESPONSE
Flexible & Responsive
instead of
Rigid & Technical
Function is to
Regulate and Not only Adjudicate
Dispute Settlement Mechanism in Telecom Sector
BSNL
EFFICACY & EXPECTATIONS
• Not looking for a mere substitute to the
High Court but an Adjudicator and
Regulator rolled in one
• TDSAT should be able to mould relief
Dispute Settlement Mechanism in Telecom Sector
BSNL
Where we are…
What is Telecom Dispute?
Why Dispute Arises?
Nature of Disputes
Dispute Resolution Mechanisms
 TDSAT
Other Mechanisms
How to reduce Disputes?
Dispute Settlement Mechanism in Telecom Sector
BSNL
Dispute Resolution Mechanisms
• Other mechanisms suggested are:
- Adalats
- Arbitration (Jordan)
- Consultation (Botswana)
- Negotiations
-Ombudsman.
Dispute Settlement Mechanism in Telecom Sector
BSNL
Where we are…
What is Telecom Dispute?
Why Dispute Arises?
Nature of Disputes?
Dispute Resolution Mechanisms
 TDSAT
Other Mechanisms
How to reduce Disputes?
Dispute Settlement Mechanism in Telecom Sector
BSNL
How to reduce disputes?
•
•
•
•
Clear terms of agreement.
Transparent tariff.
Self Regulations
Consensus Building.
Dispute Settlement Mechanism in Telecom Sector
BSNL
“Imaginary” Disputes
• When a problem is not a dispute and if it
is brought to adjudication, then it should
be viewed seriously and should be heavily
fined.
Dispute Settlement Mechanism in Telecom Sector
BSNL
Dispute Settlement Mechanism in Telecom Sector