dispute settlement mechanism in telecom sector
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Dispute Settlement Mechanism in Telecom Sector. A Management Perspective. K.Sridhara,CGM,TN Telecom Circle. Agenda. What is Telecom Dispute? Why Dispute Arises? Nature of Disputes Dispute Resolution Mechanisms TDSAT Other Mechanisms How to reduce Disputes?. What is a Dispute?. - PowerPoint PPT PresentationTRANSCRIPT
Dispute Settlement Mechanism in Telecom Sector
BSNL
Dispute Settlement Mechanism in Telecom Sector
A Management Perspective
K.Sridhara,CGM,TN Telecom Circle
Dispute Settlement Mechanism in Telecom Sector
BSNL
What is Telecom Dispute?Why Dispute Arises?Nature of DisputesDispute Resolution Mechanisms
TDSATOther Mechanisms
How to reduce Disputes?
Agenda
Dispute Settlement Mechanism in Telecom Sector
BSNL
What is a Dispute?In a Customer’s View
Grievances
Complaints
Dispute
Dispute Settlement Mechanism in Telecom Sector
BSNL
What is a Dispute?
Grievances
Dispute
In an Operator’s View
Dispute Settlement Mechanism in Telecom Sector
BSNL
Telecom Environment
Regulator Licensor
Customer Operator1
Operator n
Evolving Scenario in Telecom Sector
Dispute Settlement Mechanism in Telecom Sector
BSNL
Disputes specific to the “telecom” sector
Access products are at the
centre of many disputes
Technical co-locationrequirements
Delays
Service levelagreements
Pricing andcost accounting
Interconnection
Leased lines
Infrastructuresharing
Frequency use andinterference
Rights of way
Dispute Settlement Mechanism in Telecom Sector
BSNL
What is Telecom Dispute?Why Dispute Arises?Nature of DisputesDispute Resolution Mechanisms
TDSATOther Mechanisms
How to reduce Disputes?
Where we are…
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
What is Telecom Dispute?Why Dispute Arises?Nature of DisputesDispute Resolution Mechanisms
TDSATOther Mechanisms
How to reduce Disputes?
Where we are…
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
What is Telecom Dispute?Why Dispute Arises?Nature of DisputesDispute Resolution Mechanisms
TDSATOther Mechanisms
How to reduce Disputes?
Where we are…
Dispute Settlement Mechanism in Telecom Sector
BSNL
Dispute Resolution
A strategic concernfor telecom policy-makers 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
What is Telecom Dispute?Why Dispute Arises?Nature of DisputesDispute Resolution Mechanisms
TDSATOther Mechanisms
How to reduce Disputes?
Where we are…
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 & Responsiveinstead 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
What is Telecom Dispute?Why Dispute Arises?Nature of DisputesDispute Resolution Mechanisms
TDSATOther Mechanisms
How to reduce Disputes?
Where we are…
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
What is Telecom Dispute?Why Dispute Arises?Nature of Disputes?Dispute Resolution Mechanisms
TDSATOther Mechanisms
How to reduce Disputes?
Where we are…
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.