11. Functions of Authority.—4
[(1) Notwithstanding anything contained in the Indian Telegraph
Act,1885 (13 of 1885),the functions of the Authority shall be to—
(a) make recommendations, either suo motu or on a request from the licensor, on the following
matters, namely:—
(i) need and timing for introduction of new service provider;
(ii) terms and conditions of licence to a service provider;
(iii) revocation of license for non-compliance of terms and conditions of licence;
(iv) measures to facilitate competition and promote efficiency in the operation of
telecommunication services so as to facilitate growth in such services;
(v) technological improvements in the services provided by the service providers;
(vi) type of equipment to be used by the service providers after inspection of equipment used
in the network;
(vii) measures for the development of telecommunication technology and any other matter
relatable to telecommunication industry in general;
(viii) efficient management of available spectrum;
(b) discharge the following functions, namely:—
(i) ensure compliance of terms and conditions of licence;
1. Subs. by Act 2 of 2000, s. 7, for sub-sections (2) and (3) (w.e.f. 24-1-2000).
2. Subs. by s. 8, ibid., for “determined by regulations” (w.e.f. 24-1-2000).
3. Ins. by s. 8, ibid. (w.e.f. 24-1-2000).
4. Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 24-1-2000).
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(ii) notwithstanding anything contained in the terms and conditions of the licence granted
before the commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000
(2 of 2000), fix the terms and conditions of inter-connectivity between the service providers;
(iii) ensure technical compatibility and effective inter-connection between different service
providers;
(iv) regulate arrangement amongst service providers of sharing their revenue derived from
providing telecommunication services;
(v) lay-down the standards of quality of service to be provided by the service providers and
ensure the quality of service and conduct the periodical survey of such service provided by the
service providers so as to protect interest of the consumers of telecommunication service;
(vi) lay-down and ensure the time period for providing local and long distance circuits of
telecommunication between different service providers;
(vii) maintain register of inter-connect agreements and of all such other matters as may be
provided in the regulations;
(viii) keep register maintained under clause (vii) open for inspection to any member of public
on payment of such fee and compliance of such other requirement as may be provided in the
regulations;
(ix) ensure effective compliance of universal service obligations;
(c) levy fees and other charges at such rates and in respect of such services as may be determined
by regulations;
(d) perform such other functions including such administrative and financial functions as may be
entrusted to it by the Central Government or as may be necessary to carry out the provisions of this
Act:
Provided that the recommendations of the Authority specified in clause (a) of this sub-section
shall not be binding upon the Central Government:
Provided further that the Central Government shall seek the recommendations of the Authority in
respect of matters specified in sub-clauses (i) and (ii) of clause (a) of this sub-section in respect of
new licence to be issued to a service provider and the Authority shall forward its recommendations
within a period of sixty days from the date on which that Government sought the recommendations:
Provided also that the Authority may request the Central Government to furnish such information
or documents as may be necessary for the purpose of making recommendations under sub-clauses (i)
and (ii) of clause (a) of this sub-section and that Government shall supply such information within a
period of seven days from receipt of such request:
Provided also that the Central Government may issue a licence to a service provider if no
recommendations are received from the Authority within the period specified in the second proviso or
within such period as may be mutually agreed upon between the Central Government and the
Authority:
Provided also that if the Central Government, having considered that recommendation of the
Authority, comes to a prima facie conclusion that such recommendation cannot be accepted or needs
modifications, it shall refer the recommendation back to the Authority for its reconsideration, and the
Authority may, within fifteen days from the date of receipt of such reference, forward to the Central
Government its recommendation after considering the reference made by that Government. After
receipt of further recommendation if any, the Central Government shall take a final decision.]
(2) Notwithstanding anything contained in the Indian Telegraph Act, 1885 (13 of 1885), the
Authority may, from time to time, by order, notify in the Official Gazette the rates at which the
telecommunication services within India and outside India shall be provided under this Act including
the rates at which messages shall be transmitted to any country outside India:
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Provided that the Authority may notify different rates for different persons or class of persons for
similar telecommunication services and where different rates are fixed as aforesaid the Authority shall
record the reasons therefor.
(3) While discharging its functions 1
[under sub-section (1) or sub-section (2)], the Authority shall not
act against the interest of the sovereignty and integrity of India, the security of the State, friendly relations
with foreign States, public order, decency or morality.
(4) The Authority shall ensure transparency while exercising its powers and discharging its functions.
12. Powers of Authority to call for information, conduct investigations, etc.—(1) Where the
Authority considers it expedient so to do, it may, by order in writing,—
(a) call upon any service provider at any time to furnish in writing such information or
explanation relating to its affairs as the Authority may require; or
(b) appoint one or more persons to make an inquiry in relation to the affairs of any service
provider; and
(c) direct any of its officers or employees to inspect the books of account or other documents of
any service provider.
(2) Where any inquiry in relation to the affairs of a service provider has been undertaken under subsection (1),—
(a) every officer of the Government Department, if such service provider is a department of the
Government;
(b) every director, manager, secretary or other officer, if such service provider is a company; or
(c) every partner, manager, secretary or other officer, if such service provider is a firm; or
(d) every other person or body of persons who has had dealings in the course of business with any
of the persons mentioned in clauses (b) and (c),
shall be bound to produce before the Authority making the inquiry, all such books of account or other
documents in his custody or power relating to, or having a bearing on the subject-matter of such inquiry
and also to furnish to the Authority with any such statement or information relating thereto, as the case
may be, required of him, within such time as may be specified.
(3) Every service provider shall maintain such books of account or other documents as may be
prescribed.
(4) The Authority shall have the power to issue such directions to service providers as it may consider
necessary for proper functioning by service providers.
13. Power of Authority to issue directions.—The Authority may, for the discharge of its functions
under sub-section (1) of section 11, issue such directions from time to time to the service providers, as it
may consider necessary:
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[Provided that no direction under sub-section (4) of section 12 or under this section shall be issued
except on the matters specified in clause (b) of sub-section (1) of section 11.]