1. Dispute Settlement Mechanism in Telecom Sector BSNL Dispute Settlement Mechanism in Telecom Sector A Management Perspective K.Sridhara,CGM,TN Telecom Circle

2. Dispute Settlement Mechanism in Telecom Sector BSNL  What is Telecom Dispute?  Why Dispute Arises?  Nature of Disputes  Dispute Resolution Mechanisms  TDSAT  Other Mechanisms  How to reduce Disputes? Agenda

3. Dispute Settlement Mechanism in Telecom Sector BSNL What is a Dispute? In a Customer’s View Grievances Complaints Dispute

4. Dispute Settlement Mechanism in Telecom Sector BSNL What is a Dispute? Grievances Dispute In an Operator’s View

5. Dispute Settlement Mechanism in Telecom Sector BSNL Telecom Environment Regulator Licensor Customer Operator1 Operator n Evolving Scenario in Telecom Sector

6. Dispute Settlement Mechanism in Telecom Sector BSNL Disputes specific to the “telecom” sector Access products are at the centre of many disputes Technical co-location requirements Delays Service level agreements Pricing and cost accounting Interconnection Leased lines Infrastructure sharing Frequency use and interference Rights of way

7. Dispute Settlement Mechanism in Telecom Sector BSNL  What is Telecom Dispute?  Why Dispute Arises?  Nature of Disputes  Dispute Resolution Mechanisms  TDSAT  Other Mechanisms  How to reduce Disputes? Where we are…

8. 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

9. 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.

10. 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.

11. 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.

12. Dispute Settlement Mechanism in Telecom Sector BSNL  What is Telecom Dispute?  Why Dispute Arises?  Nature of Disputes  Dispute Resolution Mechanisms  TDSAT  Other Mechanisms  How to reduce Disputes? Where we are…

13. Dispute Settlement Mechanism in Telecom Sector BSNL Nature of Disputes Ever changing Cycle of disputes

14. 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.

15. Dispute Settlement Mechanism in Telecom Sector BSNL Nature of Disputes Incumbent: Interconnection Unbundling Accounting Separation Predatory Pricing

16. Dispute Settlement Mechanism in Telecom Sector BSNL Nature of Disputes Competition: –Allocation of Spectrum –Unfair Trade Practices –Entry Barriers –Signals Interference etc.

17. Dispute Settlement Mechanism in Telecom Sector BSNL  What is Telecom Dispute?  Why Dispute Arises?  Nature of Disputes  Dispute Resolution Mechanisms  TDSAT  Other Mechanisms  How to reduce Disputes? Where we are…

18. Dispute Settlement Mechanism in Telecom Sector BSNL Dispute Resolution A strategic concern for telecom policy- makers and regulators

19. 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

20. Dispute Settlement Mechanism in Telecom Sector BSNL  What is Telecom Dispute?  Why Dispute Arises?  Nature of Disputes  Dispute Resolution Mechanisms  TDSAT  Other Mechanisms  How to reduce Disputes? Where we are…

21. 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.

22. Dispute Settlement Mechanism in Telecom Sector BSNL EFFICACY of RESPONSE Flexible & Responsive instead of Rigid & Technical Function is to Regulate and Not only Adjudicate

23. 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

24. Dispute Settlement Mechanism in Telecom Sector BSNL  What is Telecom Dispute?  Why Dispute Arises?  Nature of Disputes  Dispute Resolution Mechanisms  TDSAT  Other Mechanisms  How to reduce Disputes? Where we are…

25. Dispute Settlement Mechanism in Telecom Sector BSNL Dispute Resolution Mechanisms Other mechanisms suggested are: - Adalats - Arbitration (Jordan) - Consultation (Botswana) - Negotiations -Ombudsman.

26. Dispute Settlement Mechanism in Telecom Sector BSNL  What is Telecom Dispute?  Why Dispute Arises?  Nature of Disputes?  Dispute Resolution Mechanisms  TDSAT  Other Mechanisms  How to reduce Disputes? Where we are…

27. Dispute Settlement Mechanism in Telecom Sector BSNL How to reduce disputes? Clear terms of agreement. Transparent tariff. Self Regulations Consensus Building.

28. 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.

29. Dispute Settlement Mechanism in Telecom Sector BSNL