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Telecommunications
The telecom sector in India has, over the last few years,
witnessed a significant growth and the number of subscribers is very
large. Increasingly the subscriber base is also extending to the rural
areas. There is also intense competition amongst service providers
with the objective of improving their subscriber base.
(Dr. J. S. SARMA)
CHAIRMAN
New Delhi
Dated: 3rd November, 2010
Content Disclaimer
This handbook has been published for the assistance, education and
information of the consumers of telecommunication sector and information
contained therein is general in nature, condensed from the original
telecommunication tariff orders, directions and regulations. Full text of
these telecommunication tariff orders, directions and regulations are
available on TRAI’s website www.trai.gov.in. The users may refer to the TRAI
Act, 1997 (24 of 1997), as amended from time to time and to the text of
telecommunication tariff orders, directions and regulations and their
amendments, as published in the Gazette of India/TRAI’s website before
taking any legal recourse. Under no circumstances shall the Telecom
Regulatory Authority of India be liable for any loss, damage, liability or
expense incurred or suffered that is claimed to have resulted from the use
of material contained in this handbook, including, without limitation, any
error or omission, with respect thereto.
TABLE OF CONTENTS
2
CHAPTER –1: REGULATORY FRAMEWORK
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adjudicate disputes, dispose of appeals and to protect the interests
of service providers and consumers of telecom sector to promote
and ensure orderly growth of the telecom sector and for matters
connected therewith or incidental thereto.”
1.4 TRAI has laid down the standards of quality of service regulations for
protecting the interest of consumers. Details of the Regulations are
given in Chapter 2 ‘Telecommunication Regulations’. Though, the
regulations have helped in the orderly growth of the
telecommunication sector, the consumers expect the Authority to
resolve and redress their complaints and grievances.
1.5 With the consumer base crossing 706 million mark in August 2010
and still growing, dealing with individual complaints by the Authority
is practically not possible. Complaints received in TRAI, however,
serve the purpose of monitoring the health of the sector. Many a
regulations, directions and orders issued by TRAI have their roots in
the complaints received in TRAI from the consumers. The highlights
of the important regulations are given in Chapter II
‘Telecommunication Regulations’; tariff orders in Chapter III,
‘Telecommunication Tariff Orders’ and directions in Chapter IV
‘Telecommunication Directions’. Chapter V deals with issues relating
to Broadcasting and Cable services and Chapter VI contains
Frequently Asked Questions (FAQs).
4
1.6 Under the TRAI act, the authority responsible to settle disputes
between a service provider and a group of consumers is the +
‘Telecom Disputes Settlement and Appellate Tribunal’ (TDSAT) set up
by the Central Government. The relevant provisions in the act
regarding settlement of disputes are reproduced below:–
“The Central Government shall, by notification, establish an Appellate
Tribunal to be known as the Telecom Disputes Settlement and
Appellate Tribunal to –
(a) Adjudicate any dispute –
(i) Between a licensor and a licensee;
(ii) Between two or more service providers;
(iii)Between a service provider and a group of consumers;
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CHAPTER – II: TELECOMMUNICATION REGULATIONS
6
ii. Consumers can contact the Call Centre of service provider on
toll free numbers.
iii. The Call Centre has to communicate the docket number of the
complaint to the consumer after registration.
vi. The Call Centre has to intimate the action taken on the
complaint and also the contact details of the Nodal Officer
(including his name, telephone no. and address) to the
customer.
ii. All grievances received by the Nodal Officer with respect to fault
repair, service disruption and disconnection of service to be got
redressed within a maximum period of 3 days.
7
iv. Nodal officers to communicate within three days from date of
the receipt of the complaint, the unique complaint number to
the consumer.
v. Intimate the consumer about the resolution or decision thereon
within the time limit specified.
c. Provision of Appellate authority:-
i. In case the consumer is still not satisfied with the redressal of
his grievance by the Nodal Officer or in case his complaint is
not redressed by the Nodal Officer within the time limit
specified or no reply is received regarding resolution of the
complaint from Nodal Officer, he can appeal to the appellate
authority of the service provider for redressal of his grievance.
ii. Appellate Authority to decide every appeal within 3 months.
d. Manual of Practice for handling consumer complaints:-
The service provider has to publish a Manual of Practice for handling
consumer complaints containing the terms and conditions of service,
details of Call Centre, Nodal Officer and appellate authority including
time limits for redressal of grievances and other information which
affects the consumers and provide the same to each consumer at the
time of his subscription to the service.
e. Supply of usage details to prepaid subscribers
Another complaint often received from the pre-paid subscribers is
regarding non-availability of usage details/ itemized bills. Since it is
technically possible to provide itemized usage details, it is now
compulsory for the service provider to supply information relating to
itemized usage charges on payment of a reasonable cost not
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exceeding Rs.50/-, in case a subscriber demands such details for any
period preceding six months immediately before the month in which
the request has been made by the consumer.
9
ii. The Regulation also stipulates time schedule for Broadband
Services. Service provisioning for broadband has to be done
within 15 days, subject to technical feasibility. Fault repair and
restoration of service is to be done in 3 days. Parameters for
billing and refund of deposits after closure are same as for Basic
and Cellular Mobile Telephone Services indicated in the table
No. 2.1.
10
Note:-
11
B. The standards of Quality of Service of Basic Telephone Service
(Wire line) and Cellular Mobile Telephone Service Regulations
2009 (7 of 2009) dated 20th March 2009
2.4 The TRAI Act provides that the Authority shall lay-down the
standards of quality of service to be provided by the service providers.
The purposes of laying down the standards of quality of service are:-
2.5 The first Regulation on Quality of Service of Basic and Cellular Mobile
Telephone Services was notified in July 2000. The standards of
quality of service regulation of 2009 is a comprehensive one
containing quality of service parameters for Basic Telephone Service,
Cellular Mobile Telephone Service, network service quality
parameters, customer service parameters, customer perception of
services and record keeping, reporting and publication of quality of
service performance.
12
Table 2.4 : Important QoS parameters (Basic and Cellular Mobile
Services)
13
Table 2.5 : Important QoS parameters (Broadband)
14
C. Telecommunication Consumers Education and Protection Fund
Regulations 2007 (6 of 2007) dated 15.6.2007
2.9 Under various Directions or Orders issued by the Authority from time
to time, a significant amount of money became due for refund to a
large number of consumers but the same could not be refunded to
them for different reasons by the concerned service providers. The
Authority had asked the service providers to keep such money in
separate accounts. The retention of such moneys, which actually
belong to the consumers, by the service providers would amount to
their undue or unjust enrichment. After considerable deliberations,
the Authority was of the view that there should be an institutionalized
mechanism for utilizing such moneys for activities aimed at
promotion of telecommunication consumers’ education and
protection. Accordingly the Authority notified a regulation on
telecommunication consumers’ education and protection fund
prescribing the manner of collection and utilization of the unclaimed
amount lying with the service providers in separate accounts or may
become due for transfer later.
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(a) to undertake programmes to educate the consumers of the
Telecommunication services about various measures taken by
the Central Government or TRAI for protecting the interests of
consumers of telecommunication services;
(b) to conduct studies and market research projects, either directly
or through specialized agencies or institutions on matters
relating to protection of the interests of consumers of
telecommunication services;
(c) to organize seminars, symposia and workshops on the subject
of consumer welfare and consumer education in the field of
telecommunication.
D. Code of Practice for Metering and Billing Accuracy Regulations,
2006 (5 of 2006) dated 21st March 2006
2.11 In order to protect the interest of subscribers and to ensure that
subscribers are accurately charged, the need for carrying out an
audit of the metering and billing system of different service providers
was felt. The auditing of the billing systems of mobile operators
revealed that while the billing system being followed by various
operators are comparable to the systems being deployed by major
international players, some of the processes / procedure being
followed by the mobile operators needs streamlining.
2.12 As a follow up to the audit of the billing system of the mobile
operators, the Authority developed a code of practice for metering and
billing accuracy, which was notified as a regulation called Quality of
Service (Code of Practice for Metering and Billing Accuracy)
Regulation in March 2006. As per the code of practice, before a
customer is enrolled as a subscriber of any telecommunication
service, he should be provided detailed information relating to the
tariff for using a particular service. Further, the service
provider should inform the customer in writing within a week of
activation of service complete details of his tariff plan.
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2.13 In addition to the above, the following information should also be
provided to the subscriber:
2.14 This Regulation also provides for auditing of metering and billing
system of the service providers through a panel of Auditors notified by
the Authority. The audit acts as a deterrent and helps improve the
billing system thereby reducing the incidences of inaccuracy.
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2.16 In case any subscriber receives unsolicited commercial
communication after expiry of forty five days from the date of his
request for registration in the National Do Not Call Register, he may
make a complaint, mentioning the call originating telephone number,
to his service provider. Every complaint shall be made by a subscriber
within fifteen days of receipt of unsolicited commercial
communication by him
2.17 The service provider, within seven days of the receipt of the
complaint, acknowledges and verifies validity of the complaint and
forward the complaint to the service provider from whose network
such unsolicited commercial communication originated (Originating
Access Provider).
2.18 The Originating Access Provider, to whom the complaint has been
forwarded has to investigate the nature of call so received. Financial
disincentives have been prescribed for discouraging the telemarketers
from making unsolicited commercial calls/SMSs to those subscribers
registered with the NDNC.
Note : TRAI is in the process of reviewing the UCC Regulation and has come
out with a consultation paper on ‘Review of Telecom Unsolicited
Commercial Communications’ .
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F. Telecommunication Mobile Number Portability Regulations, 2009
(8 of 2009) dated 23rd September 2009
2.19 The Mobile Number Portability (MNP) allows subscribers to retain
their existing mobile telephone number when they move from one
access provider to another irrespective of the mobile technology or
from one cellular mobile technology to another of the same access
provider, in a licensed service area. The MNP Regulations seek to
provide a framework governing all relevant aspects of MNP.
2.20 Salient features of the MNP under these regulations are as follows:
19
v. A subscriber may withdraw his porting request within 24 hours
of its submission to the Recipient Operator. However, the
porting charges shall not be refundable.
vi. The regulation envisages a maximum time period of 4 days for
the completion of porting process in all licensed service areas
except in the case of J&K, Assam and North East licensed
service areas where the maximum time allowed is 12 days.
However, efforts will be made to further reduce the porting
period.
vii. The customer is required to insert new SIM to access the
service of the new operator after porting.
viii. The date of launch of MNP facility to the customer would be
decided by the Government.
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iii. ‘Porting charge’ means such charge as may be payable by the
subscriber to the Recipient Operator, for porting his mobile
number.
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CHAPTER –III: TELECOMMUNICATION TARIFF ORDERS
3.0 Telecommunication Tariff is one of the important issues
concerning the consumers. The Telecom Regulatory Authority of
India Act, 1997, therefore, specifically provides that the Authority
may from time to time notify in the official gazette the rates at
which the telecommunication services shall be provided within
India and outside. Accordingly, the Authority notified the first
tariff order called the Telecommunication Tariff Order, 1999 in
March 1999. During the course of the years, the TTO 1999 has
undergone several changes and amendments. Some of the
important consumer centric tariff orders are discussed in this
chapter.
3.1 Protection against hike in tariff
i. A tariff plan once offered by an access provider shall be
available to a subscriber for a minimum period of six months
from the date of enrolment of the subscriber to that tariff plan.
ii. The subscriber shall be free to choose any other tariff plan,
even during the said six months period. All requests for change
of plan shall be accepted and implemented immediately or from
the next billing cycle.
[TTO 31st Amendment Order No. 301-2/2004/Eco. dated 07th July 2004]
3.2 Tariff plan with longer validity including lifetime tariff
plans
i. Any tariff plan presented, marketed or offered as valid for any
prescribed period exceeding six months or as having lifetime or
unlimited validity in lieu of an upfront payment shall continue
to be available to the subscriber for the
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duration of the period as prescribed in the plan and in the case
of lifetime or unlimited validity plans, as long as the Service
Provider is permitted to provide such telecom service under the
current license or renewed license. In the case of plans with
lifetime validity or unlimited validity, the service provider shall
also inform the subscribers of the month and year of expiry of
his current license.
ii. For any tariff plan, the access provider shall be free to reduce
tariffs at any time. However, no tariff item in a tariff plan shall
be increased by the access provider -
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January 2007, the Authority had introduced a usage based composite
roaming tariff, thereby removing the rental component from the
charging pattern. Brief highlights of this Tariff Order relating to
reduction in tariffs for roaming services are mentioned below:
•The order is applicable for all mobile customers, prepaid and
postpaid, and applicable across all types of tariff plans offered by
both GSM and CDMA Mobile Operators.
• No rental permitted for roaming in any form.
• No surcharge is leviable for any of the national roaming services.
• No separate PSTN charges on roaming calls.
• Receiving SMS is free while roaming.
• Charges for outgoing SMS while roaming continues to be under
forbearance.
• Maximum permissible per minute charges for roaming calls,
irrespective of the terminating networks, and irrespective of tariff
plans would be:
- Rs. 1.40 for outgoing local calls
- Rs. 2.40 for outgoing NLD calls
- Rs. 1.75 for incoming calls
• Mobile operators cannot charge any type of fixed or recurring
charges for accessing roaming facility, like monthly rental, weekly
rental, daily rental etc.
[TTO 44th Amendment Order No. 301-34/2006/Eco. dated 24th January
2007]
3.4 Guidelines for Prepaid Subscribers
The Authority has observed that majority of the consumers of mobile
services are users of prepaid services. The Authority had been
receiving complaints from the consumers regarding non-availability of
prepaid cards of low denomination value, exorbitant costs for
replacement of lost / damaged SIM cards, forfeiture of unused
balance at the end of the validity period etc. Taking cognizance of the
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complaints received from this segment of the mobile users, the
Authority, by way of certain amendments to the TTO 1999, has
addressed some of the concerns expressed by the consumers.
25
that a mobile service provider was offering post-paid tariff plan in
which the subscribers were being given bills through SMS or email.
The hard copy of the bill was supplied to the subscribers only on
payment of a fixed amount as determined by the operator. Since this
practice was framed to adversely affect the interest of consumers, the
Authority ordered that the service providers should supply hard copy
of the bill free of cost to postpaid subscribers.
The Authority had in the past issued several guidelines with a view to
enhancing transparency in tariff offerings. The Tariff Amendment
Order notified on 1st September 2008 mandates further transparency
measures as listed below:-
i. Where the terms and conditions of any tariff plan with lifetime
validity or unlimited validity include any condition or stipulation
which requires any subscriber to recharge for any specified
minimum amount within specified time periods or intervals during
such validity so as to keep the said tariff plan valid, such specified
time period or interval, shall in no case be less than 6 months.
26
iv. Prepaid subscribers to get full talk time on recharges exclusively
meant for provision of talk time value, barring a nominal fee not
exceeding Rs.2 towards administrative costs or expenses and
applicable taxes.
The amendment to the TTO provides that the per port transaction
charge specified in regulation 3 of Telecommunication Mobile Number
Portability Per Port Transaction Charge and Dipping Charge
Regulations 2009 shall be taken as the ceiling of porting charge
payable by a subscriber to the recipient operator for availing the
facility of number portability.
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CHAPTER – IV: TELECOMMUNICATION DIRECTIONS
4.0 Apart from the tariff orders issued from time to time, in order to
protect the interest of the consumers, the Authority has been issuing
certain directions also to the service providers on various issues.
Some of the directions were issued when it came to TRAI’s notice that
the service providers are not adhering to the existing
orders/Regulations. Some of the important directions that have direct
impact on the consumers are discussed in this Chapter.
The direction on credit limit for post paid subscribers contains the
following mandates:-
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i. The credit limit set for a post-paid subscriber shall be intimated
to him in advance. The initial credit limit shall be intimated
within 7 days of activation of the service.
ii. Consequences of usage and other applicable charges exceeding
the credit limit as well as the manner in which the credit limit
set for them could be enhanced, shall also be informed to the
subscriber in advance.
iii. When the usage and other applicable charges reaches 80% of
the credit limit, intimation to this effect shall be provided to the
subscriber. The consequences of his usage exceeding the credit
limit including the possibility of disconnection shall also be
informed to the subscriber.
iv. On receipt of the intimation, the subscriber shall have the
option to make interim payments in whole or in part or to
restrict his further usage so that the credit set for him is not
exceeded.
v. Services to the subscriber shall not be disrupted until and
unless the credit limit fixed for a subscriber is exceeded despite
adequate intimation about the same.
vi. Irrespective of the level of credit limit, the services of a
subscriber shall not be disrupted as long as the amounts due is
below the amount of his security deposit.
vii. For all the existing post-paid subscribers, the credit limit shall
be intimated to them, if not already done.
viii. The credit limit set for a post-paid customer shall be included in
his monthly statement / bill.
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(ii) the subscribers. For example, title of a tariff plan, which
suggests absence of rental, (e.g. ‘zero rental’) would be
misleading if the plan has Monthly Mandatory Fixed Charge in
one form or other.
(iii) All monthly fixed recurring charges, which are compulsory for a
subscriber under any given plan, shall be shown under one
head. This should also include charges for Value Added
Services like CLIP, if such Value Added Services are not
optional for the subscriber.
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4.6 Supply of complete details of the Tariff Plan on activation of
service
All the Cellular Mobile Service Providers and Unified Access Service
Providers are required to inform the customer in writing, within a
week of activation of service, the complete details of his tariff plan. In
addition, as and when there are any changes in any aspect/item of
tariff in the chosen package, the operator shall intimate, in writing,
such changes to those subscribers whose tariff packages undergo a
change.
All the Cellular Mobile Service Providers, Basic Service Operators and
Unified Access Service Providers are required to:
(i) assign a unique docket number for all service request calls
made to the customer care help line numbers and also special
numbers for registering complaints and convey the same to the
customer at the time of such call;
(ii) acknowledge through SMS followed by entry in the next bill the
requests made through Telephone call, FAX, SMS, e-mail etc.
for value added services, the charges for which are of a
recurring nature;
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(iii) raise the bill only after adjustment of security deposit in the
event of a request for termination of service received from a
customer;
(iv) stop charging the customer the fixed monthly charges like
rental beyond the above prescribed period of termination of
service or from the date of last usage, whichever is later.
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irrespective of subsequent downward revision in the grace period i.e.
any change in the grace period should be applied prospectively.
34
(j) customer information box, which shall indicate, inter alia, the
following information, namely:-
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[Direction No.303-4/2007-QoS dated 4.5.2007]
The Authority has been receiving large number of complaints that the
tariffs offered by the service providers are complex and confusing,
which make it difficult for the consumers to make an informed choice
after evaluating such offers. In order to enhance and ensure
transparency in service provision and tariff offers, the Authority has
issued directions relating to tariff information, promotional offers,
migration from one plan to another and Black out days as detailed
below:
The key tariff information on each tariff plan offered by the service
providers to the consumers shall be provided in the vernacular
language where such plans are offered, in addition to English or any
other language being in use.
36
When a subscriber migrates across plans or moves from prepaid to
postpaid or vice versa, the service provider shall not impose any
condition such as requirement of obtaining a new SIM or change of
telephone number, etc.
[Direction No.301-31/2007-Eco.dated:1-9-2008]
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CHAPTER –V: BROADCASTING AND CABLE SERVICES
38
iv. Every service provider providing broadcasting services or cable
services to subscribers using an addressable system may, in
addition to the offering of pay channels on a-la-carte basis, also
offer bouquets of channels, in which case, it shall specify the
maximum retail price for each such bouquet applicable to its
ordinary subscribers.
5.3 The above provisions shall not prevent any service provider from
reducing the price of the subscription package within the period of six
months referred to in that sub-clause to the advantage of the
subscriber.
5.4 The subscribers will have the advantage of choosing the channels
they wish to see. In case the service provider is fixing any minimum
monthly subscription amount, the same cannot exceed Rs. 150.
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C. QUALITY OF SERVICE RELATED ISSUES
5.5 FOR CAS AREAS:-
Regulation on the standards of Quality of Service (Broadcasting
and Cable Television – CAS Areas) Regulation, 2006 (8 of 2006)
dated 23.08.2006.
i. A-la-carte choice of channels is provided to subscribers. Ceiling of
maximum retail Price per subscriber per month per channel was
fixed at Rs 5.35. There is a provision that Multi system operators
(MSO) are to provide detailed application forms (either as part of
application or as attachment) to the subscribers. Procedure for
handling complaints of the subscribers was provided in the
Quality of Service Regulation. The other features of the QoS
regulation are as under :
Obligations of cable operator / MSO, to ensure quality of
service.
Request for connection to be responded within 5 working days
and connection to be given within 2 days of completion of
formalities.
All complaints to be registered and a complaint number to be
allotted and to maintain records of the complaint.
Customer service center or help desk to be maintained.
Time lines for redressal of complaints of signals in 24 hrs (90%
of complaints), billing and set top box complaints in 24 hrs.
Adequate notice ( 3 days notice if disruption is likely to be 1 day
or less and 15 days if disruption is likely to be more than a day
before disruption in service due to preventive maintenance.
Monthly billing with itemized details made compulsory.
No cable operator shall disconnect for whatever reason a
subscriber without giving written notice of at least 15 days,
clearly indicating the specific reasons for disconnection.
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The period of 15 days for the purpose shall be reckoned from
the date of receipt of the notice for disconnection by the
subscriber.
ii. The following procedure will normally be followed for raising of
bills, delivery of bills and collection of payments thereof:
41
iii. In case cable service is required to be interrupted for the purpose
of facilitating preventive maintenance, the subscribers shall be
given a prior notice indicating therein the expected date of
resumption of service and the cable operator or the multi system
operator, as the case may be, may choose its own method of
providing prior notice of possible interruption of service to its
subscribers.
iv. The following provisions are also made in the QoS Regulation for
Non-CAS areas:
42
No change in the composition of subscription packages during
first six months of enrolment to the subscription package or
during the period of validity of a prepaid subscription package,
whichever is longer.
Proportionate reduction in the subscription charges for a
package from which any channel is removed for first six
months of enrolment or during the period of validity of a
prepaid subscription package, whichever is longer.
The option of choosing the package with reduced charges or the
package with replaced channel has been given to the
subscriber.
Prior notice of fifteen days to be given by the DTH operator
before changing the composition of any subscription package.
DTH operators to entertain requests for suspension of services
by the subscriber if requested period of suspension does not
exceed three calendar months and does not comprise part of a
calendar month.
D. ENFORCEMENT
5.8 Under the provisions of Cable Television Networks (Regulation) Act,
1995 (the Cable Act), the matters relating to violation of the
provisions of the Cable Act are to be looked into by the Authorized
Officer. As per the provisions of the Cable Act, the Authorized Officers
within their local limits of jurisdiction are:-
District Magistrate,
Sub Divisional Magistrate,
Commissioner of Police.
43
CHAPTER – VI: FREQUENTLY ASKED QUESTIONS (FAQS)
Ans. The TRAI Act, 1997 does not envisage handling of individual
consumer complaints by TRAI.
Q.2 What is the time limit for redressal of complaints at the Call Centre?
Ans. The Call Centre has to redress the complaints as per the provisions in
the QoS Regulation where no parameters are prescribed, complaints
relating to faults/disruption of service have to be rectified within 3
days and all other complaints with 7 days.
Q.3 If the complainant is not satisfied with the redressal of the complaint
at the Call Centre level, who should be contacted?
Ans. The complainant should contact Nodal Officer of the service provider
and lodge his grievance.
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Q.4 What is the time limit for redressal of a complaint by the Nodal
Officer?
If the Nodal Officer does not resolve the grievance satisfactorily, one
can appeal to the appellate authority of the service provider in the
prescribed form.
Q.5 Where can a consumer find or obtain the prescribed appeal form for
making appeal to the appellate authority?
Ans. The Form can be obtained, free of charge, from the offices of the
service provider, sales outlets, offices of the Nodal Officer and
appellate authority or it can be downloaded from the website of the
service provider or TRAI’s website.
Q.6 Is there any time limit for making appeal to the appellate authority?
Ans. Yes, the appeal has to be filed within three months of disposal of
complaints by the Nodal Officer. However, the appellate authority
may entertain any appeal filed after the expiry of three months.
Q.7 What is the time limit for disposal of an appeal by the appellate
authority?
Ans. The time limit for disposal of the appeal by the appellate authority is
three months from the date of filing of the appeal.
45
Q.8 In case the fault is not rectified within the certain period, is the
consumer entitled to any relief?
Ans. Yes, in the case of basic telephone (wire line) connection, for delayed
rectification of faults, the customer is entitled to rent rebate at the
following rates:
(a) Faults pending for more than 3 days and up to 7 days: Rent rebate
for 7 days.
(b) Faults pending for more than 7 days and up to 15 days: Rent rebate for
15 days.
(c) Faults pending for more than 15 days: rent rebate for one month.
Q.9 What is the time limit within which a billing/ charging complaint has
to be resolved?
Ans. The service provider shall terminate the connection within 7 days.
They cannot charge rental or any other charges beyond the period of
7 days of request for closure made by the customer. Further, fresh
bills shall be raised only after adjustment of the security deposit.
The closure/ termination of service shall not be made conditional
upon payment of dues/ bills/settlement of dispute.
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The outstanding amount of security deposits has to be refunded
within 60 days of closure/ termination of service.
Q.11 The service providers activate value added service like hello tunes,
ring tunes, background music etc. on a telephone/ mobile of a
consumer without his/her consent and charge for the same. Is it
permissible?
Ans. The service provider cannot activate any value added service,
whether chargeable or free of charge, without the explicit consent of
a customer.
47
Tariff Related Issues
Q.13 Is there a single tariff plan, which may best suit a subscriber?
Ans. There is no single tariff plan which is uniformly best suited for each
and every subscriber. There are a large number of tariff schemes in
the market targeted at different user categories. It is essential for a
subscriber to estimate his expected volume of usage and the pattern
of usage and other preferences before deciding on the plan he
should subscribe to.
Ans. Yes, all monthly fixed charges, which are compulsory under a given
tariff plan are to be shown under one head, for clarity and
comparison of different tariff plans on offer.
Ans. Yes, the service provider can charge for CLIP facility. However,
charges for CLIP cannot be made compulsory in any tariff plan.
Whenever CLIP is made chargeable, it shall be optional for
subscribers and should be transparently conveyed.
Q.16 Can a service provider levy charge for provision of hard copy of the
bill?
Ans. No. TRAI has prohibited levy of charges for provision of hard copy of
the bill to the post-paid subscribers.
48
Ans. A tariff plan, once offered by a service provider, shall be available to
a subscriber for a minimum period of SIX months from the date of
enrolment of the subscriber to that tariff plan. This implies that no
tariff component of that plan can be hiked for a period of 6 months
from the date of enrolment of a subscriber to that tariff plan.
However, the Subscribers are free to move to other tariff plans of
their choice at any time.
Q.18 Whether any charges have to be paid for migration from one plan to
another?
Ans. No charges are payable by the subscriber for migration from one
tariff plan to another tariff plan.
Ans. It means that tariff plans which are offered as having lifetime
validity, would continue to be available to the subscriber during the
current license and renewed license of the service provider.
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Q.22 Can the unused amount in recharge coupons be carried forward?
Ans. Yes, any unused balance in the prepaid account shall be carried
forward and credited if the subscriber recharges within the period
specified for the purpose.
Q.23 Can a prepaid subscriber avail any services even after his talk time
is exhausted?
Ans. Services which do not affect talk time value, including incoming
voice calls & SMS shall continue to be available to the prepaid
subscribers during validity period even after talk time value has
exhausted.
Ans. Service provider shall not charge fixed charges / processing fees
etc., on exclusive talk-time top-ups. However, nominal fee not
exceeding Rs.2/- towards administrative cost as well as applicable
service tax can be levied.
Q.25 Whether any fixed charge / rental can be levied by the service
provider for providing national roaming services?
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Q.27 Is incoming calls free while roaming?
Ans. No. Incoming calls are free only when the subscriber is within his
home network.
Ans. Yes.
Ans. Customers can check the speed by clicking on the speed check icon
given on their website. The speed of the broadband is displayed
generally in Kbps (Kilo bits per second).
Q.31 Will keeping the modem ‘on’ make any difference in the download
limits?
Ans. Yes it can make some difference. When the PC and Modem is kept
on, there is a trickling of packets from the Internet into the system,
even though the PC is not connected to the Internet. Therefore, it is
advisable to keep the modem off when one is not accessing Internet.
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Q.32 Can Broadband connection be misused by tampering the cable?
Q.34 Even though broadband is not used frequently, still huge bills are
received. What could be the reason?
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Q.36 Can a service provider offer bouquets of channels along with pay
channels?
Q.39 Can an operator levy visiting charges or charges for repair and
maintenance of DTH consumer premises equipments?
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