Call Drop Penalty a 'Populist Measure', Telecom Operators Tell Supreme Court

Advertisement
By Indo-Asian News Service | Updated: 11 March 2016 10:52 IST
The telecom service providers on Thursday told the Supreme Court that TRAI's decision to saddle them with penalty for call drops was a "populist" measure.

They said it is to accommodate telecom consumers as same (call drop) were happening due to a host of external considerations not attributable to them.

"Object is to penalise me and earn revenues. This is populism," senior counsel Kapil Sibal, appearing for the Cellular Operators Association of India (COAI), told the apex court bench of Justice Kurian Joseph and Justice Rohinton Fali Nariman.

Cellular Operators Association of India (COAI) and the Association of Unified Service Provider of India (USPAI) have challenged the Telecom Regulatory Authority of India's (Trai) October 16, 2015 notification obligating the service provider to compensate the consumer for the three dropped calls paying Re. 1 for each of the call a day.

Advertisement

The call drop penalty was to come in force from January 1, 2016.

Advertisement

(Also see:  Call Drops: Supreme Court Offers No Relief to Telecom Operators)

The COAI and USPAI have challenged the February 29, 2016, Delhi High Court order upholding the Trai decision to penalise the telecom companies for call drops.

Advertisement

Assailing the October 16, 2015, notification, Sibal said that under the terms and conditions of licence there is provision of 2 percent call drops and it is only when the call drop exceeds 2 percent ceiling that operators attract penalties.

He said that as of date, it is the admitted position of Trai that none of the telecom service provider have breached the cap of 2 percent of call drops and none of them have been penalised on this count.

Advertisement

As Sibal reiterated this position in the course of his arguments that stretched through the day, the court asked 12 telecom operators, who are before the court challenging the call drop notification, to individually file affidavits stating that that they have not crossed the limit of 2 percent of call drops as provided in the terms of condition of licence and they have never been penalised on this account.

Telling the court that there was no nexus between the call drop penalty and the objective of achieving the quality and efficient telecom services, Sibal said the regulation is based on presumption that all calls should get through.

"You can't have presumption in law to impose penalty (based) on the presumption that every call drop is attributable to me", Sibal said, pointing to host of factors contributing to call drops which were beyond the control of the service providers.

He said that service providers could be saddled with call drop penalty if he breaches some regulations and not otherwise.

"If there is a regulation that enjoins upon me to do certain things, which if I don't do and results in call drop, then only I am liable. Unless you fault me, my network, I am not liable to pay," Sibal said pointing out that the blame for every call drop could not be put at my door-steps.

The court was told that the call drop could take place on account of Electromagnatic Radiation which are the lowest in the world and more efficient, paucity of air-waves (spectrum), large number of service providers, a large based of consumers, high rise buildings, damage to underground optical fibre lines due to digging by government agencies, inadequate towers or absence of them, poor quality of the consumer's handset, and several other imponderables on which service providers have no control.

Making comparison with other countries who have a large availability of air-waves (spectrum), a fewer competitors, sufficient infrastructure and lesser density of consumer base, Sibal said that telecom service providers in India were operating in strained situations.

The hearing will continue on Tuesday.

The Delhi High Court on February 29 upheld the order of the Trai making it mandatory for cellular operators to compensate subscribers for call drops.

The High Court had said that the telecom operators would have to compensate subscribers for first three call drops.

The high court order had come as it dismissed the plea of telecom operators for a stay on Trai's compensation policy, announced on October 16, 2015, for call drops under which a rupee will be credited to the mobile users' account for every call drop (restricted to three per day) starting January 1, 2016.

 

For the latest tech news and reviews, follow Gadgets 360 on X, Facebook, WhatsApp, Threads and Google News. For the latest videos on gadgets and tech, subscribe to our YouTube channel. If you want to know everything about top influencers, follow our in-house Who'sThat360 on Instagram and YouTube.

Further reading: COAI, Call Drops, India, Internet, Telecom, Trai
Advertisement

Related Stories

Popular Mobile Brands
  1. Yuva Rajkumar-Starrer Ekka OTT Release: Know When, Where to Watch It Online
  2. Alice in Borderland Season 3 OTT Release: When, Where to Watch It Online
  1. Asteroids vs Comets vs Meteors vs Meteorites: What Are They and How Are They Different From Each Other?
  2. NASA Captures Striking Image of Galaxy NGC 7456, 51 Million Light-Years Away
  3. Surrender Is Now Streaming on SunNXT: Know All About This Tamil Crime Thriller
  4. Sundarakanda OTT Release Date: Know Everything about the Nara Rohith-Starrer
  5. Netflix’s Wolf King Returns for Final Season: Everything You Need to Know
  6. The Game: You Never Play Alone, the First Tamil Web Series on Netflix to Debut on This Date
  7. Alice in Borderland Season 3 OTT Release: When, Where to Watch the Show Online
  8. Scientists Map Brain Activity Across 95% of the Mammalian Brain in Landmark Study
  9. Su From So Now Streaming on JioHotstar: All You Need to Know About This Kannada Horror Comedy
  10. Ghaati Is Now Streaming on Prime Video: Know All About This Anushka Shetty-Starrer
Gadgets 360 is available in
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2025. All rights reserved.