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Thursday, January 3, 2013

TRAI for norms linking cross holding with spectrum, not licence


The Telecom Regulatory Authority of India (TRAI) has recommended removing cross holding norms from licence conditions and linking them with spectrum holding.

In its recommendations on Unified Licence (Access Services), the regulator has said that there is no need of keeping substantial equity or cross holding requirement in the Unified Licence, as the spectrum is not linked with the licence.

“The substantial equity/cross-holding requirement should only be linked to spectrum holding and this condition should be included in the WOL (Wireless Operating Licence) Agreement,” the regulator has said.

The current cross-holding norms say that no single company or person can have substantial equity (10 per cent or more) holding in more than one licensee company in the same service area.

While giving the recommendations, TRAI has also asserted that it is their job to propose guidelines and no provision asks them to give concurrence to the proposals of the Department of Telecommunications (DoT).

The trigger for such an assertion was a DoT’s letter that had requested the regulator to examine and concur with the terms and conditions in the Unified Licence (Access Services) given by DoT.

Acting tough on violations, the regulator has recommended cancelling permit of service provider if a company commits ‘major’ violation for the fourth time.

The regulator has recommended monetary penalty ranging from Rs 1 lakh to Rs 25 lakh for minor violations.

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