1. DoT Questions Trai on Right to Amend MNPSP
The telecom department (DoT) has questioned the telecom regulator’s authority to issue
amendments to mobile number portability service providers’ permits (MNPSP).
In a three-page letter written to the secretary, the Telecom Regulatory Authority of India
(Trai), DoT has expressed its unhappiness over the telecom regulator’s notification issued
last September allowing an increase of two hours ‘break time’ in porting a number to
another mobile service provider’s network.
Prior to the notification, a subscriber’s services could be disrupted for a maximum of two
hours.
Refuting the Trai’s explanation that since an MNPSP plays only the role of a facilitator in
porting the number from one service provider to another, DoT has claimed that both the
mobile service providers as well as the MNPSP are telecom licensees. “Both of the
licences are granted under section 4 of the Indian Telegraph Act 1885 and so the
distinction created by Trai that MNP service provider is only a ‘facilitator’ is not correct,”
DoT has said in a communication to the regulator. The department has further cited
section 11(1) (a) (ii) of Trai Act to state that the regulator only has recommendatory
function in the matter of terms and conditions of licence to a service provider. Thus,
issuing regulations which amount to changing of licence conditions is contrary to the Trai
Act.
Citing a Telecom Disputes Settlement and Appellate Tribunal judgment of 2005, DoT has
pointed out that the regulations issued by the regulator have to be in conformity with the
licence conditions and cannot override the licence conditions. It has further cited a
Supreme Court judgment of 2011 to emphasise its point that the regulator’s powers are
only recommendatory in nature. The Trai through a notification on September 19 had

2. allowed MNSPs an increase from two to four hours in the time that a subscriber’s services
might be disrupted.
While Trai has maintained that the order was in conformity with the unified access service
licence which stated that the porting process was to be governed Trai, from time to time,
DoT has said not if the order alters a telecom licence. “In MNP process, deactivation and
activation of mobile numbers is carried out by access providers acting as donor or
recipient operators. MNP service provider plays the role of a facilitator only. Therefore,
amendment to MNSP licence needs to be carried out so as to bring it in line with overall
MNP porting process,” the regulator explained in a letter on March 12.
CREATED BY TEAM PGC
PROGLOBAL CORP
WWW.PROGLOBALCORP.COM
Proglobalcorp.wordpress.com
Email:proglobalcorp@gmail.com