Lok Sabha Question No. 356 (STARRED), answered on 2016-08-10
Subject: Violation of TRAI Norms
Ministry: COMMUNICATIONS
Asked by: BHEEMRAO BASWANTHRAO PATIL, RAVINDRA VISHWANATH GAIKWAD

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK SABHA STARRED QUESTION NO.356 TO BE ANSWERED ON 10 TH   AUGUST, 2016

## VIOLATION OF TRAI NORMS

- *356.  SHRI BHEEMRAO B. PATIL: PROF. RAVINDRA VISHWANATH GAIKWAD:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) whether  the  telecom  service  providers  are  violating  the  norms  and  regulations  laid down by Telecom Regulatory Authority of India (TRAI);
- (b) if so, the details thereof along with the number of instances reported/noticed during the last three years and the current year, operator-wise;
- (c) whether some telecom companies have been found to be violating the Mobile Number Portability  (MNP)  norms  and  arbitrarily  porting  the  number  of  the  customers  without  their consent;
- (d) if  so,  the details thereof and the cases reported so far, operator-wise along with the action taken by the Government for such violations by operators; and
- (e) whether the mobile numbers of foreign customers are also reported to be operating illegally in the country and if so, the details thereof and the action taken by the Government in this regard?

## ANSWER

## THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA)

- (a) to (e) A Statement is laid on the Table of the House.

## STATEMENT  TO  BE  LAID  ON  THE  TABLE  OF  THE  LOK  SABHA  IN  RESPECT  OF PARTS (a) TO (e) OF LOK  SABHA STARRED QUESTION NO. 356  FOR 10 TH   AUGUST, 2016 REGARDING 'VIOLATION OF TRAI NORMS'.

(a) & (b) Operator-wise details of non-compliance with respect to different norms and regulations laid down by Telecom Regulatory Authority of India observed during the last three years  and current year are as below:-

- (i) Details of non-compliance with respect to the Quality of Service benchmarks laid  down  by  TRAI  for  Basic  (Wire-line)/  2G/  3G/  Broadband  Services, through Quality of Service Regulations, are enclosed as Annexure-I.
- (ii) Details  of  non-compliance  with  respect  to  the  Mobile  Number  Portability Regulations, 2009 are enclosed as Annexure-II.
- (iii) Details  of  violations  with  respect  to  the  Reporting  System  on  Accounting Separation  Regulations,  2012  and  Telecommunication  Tariff  Orders  are enclosed  as Annexure-III.

(c) & (d) TRAI  received  complaints  regarding  disputes  of  ownership  of  the  mobile numbers,  consequent  to  porting  from  one  service  provider  to  another  service  provider.  In order to strengthen the process of verification of the ownership of the mobile number under porting,  after  due  consultation  with  stake  holders,  TRAI  had  issued  a  direction  dated 16.04.2015 to Cellular Mobile Telephone Service Licenses, Unified Access Service License, Unified Licenses (Access Service) and Unified Licenses to incorporate in their porting request form an undertaking, to be obtained from the subscriber seeking porting of his mobile number declaring  that  'he  is  the  owner  of  the  said  mobile  number  and  in  case  the  undertaking  is found  to  be  false,  the  said  mobile  number  shall  be  disconnected'.  All  Telecom  Service Providers have submitted their compliance to the above said TRAI direction. Further, it has been incorporated in their Customer Acquisition Forms.

- (e) No such case has come into notice or reported so far.

Contd…3/-

| Details of Instances of Non-compliance to QoS Regulations   | Details of Instances of Non-compliance to QoS Regulations   |   Details of Instances of Non-compliance to QoS Regulations | Details of Instances of Non-compliance to QoS Regulations   |   Details of Instances of Non-compliance to QoS Regulations | Details of Instances of Non-compliance to QoS Regulations   |
|-------------------------------------------------------------|-------------------------------------------------------------|-------------------------------------------------------------|-------------------------------------------------------------|-------------------------------------------------------------|-------------------------------------------------------------|
| S. No.                                                      | Name of Telecom Service Providers                           |                                                        2013 | 2014                                                        |                                                        2015 | 2016(Upto March)                                            |
| 1                                                           | Aircel                                                      |                                                         161 | 320                                                         |                                                         281 | 65                                                          |
| 2                                                           | Alliance Broadband                                          |                                                           0 | 1                                                           |                                                           0 | 0                                                           |
| 3                                                           | Asianet Satellite Communicatins Ltd.                        |                                                           0 | 3                                                           |                                                           0 | 0                                                           |
| 4                                                           | Atria Convergence Tech.                                     |                                                          13 | 14                                                          |                                                          15 | 4                                                           |
| 5                                                           | Bharti Airtel Ltd.                                          |                                                          32 | 36                                                          |                                                         137 | 41                                                          |
| 6                                                           | BSNL                                                        |                                                         535 | 353                                                         |                                                         224 | 26                                                          |
| 7                                                           | Beam Telecom Pvt. Ltd.                                      |                                                           4 | 8                                                           |                                                           0 | 0                                                           |
| 8                                                           | Broadband Pacenet India Pvt. Ltd.                           |                                                           1 | 3                                                           |                                                           0 | 0                                                           |
| 9                                                           | Citycom Networks Pvt. Ltd.                                  |                                                           1 | 0                                                           |                                                           1 | 0                                                           |
| 10                                                          | DEN Networks                                                |                                                           0 | 2                                                           |                                                           2 | 0                                                           |
| 11                                                          | D-Vois Broadband                                            |                                                           3 | 0                                                           |                                                           0 | 0                                                           |
| 12                                                          | Five Network Solution (India) Ltd.                          |                                                           4 | 1                                                           |                                                           0 | 0                                                           |
| 13                                                          | Gutarat Telelink Pvt. Ltd.                                  |                                                           2 | 0                                                           |                                                           0 | 0                                                           |
| 14                                                          | Hathway Cable & Datacom Ltd.                                |                                                           6 | 17                                                          |                                                           7 | 1                                                           |
| 15                                                          | Home Systems Pvt. Ltd.                                      |                                                           1 | 3                                                           |                                                           0 | 0                                                           |
| 16                                                          | Honesty Net Solutions (I) Pvt. Ltd                          |                                                           1 | 4                                                           |                                                           3 | 0                                                           |
| 17                                                          | Idea                                                        |                                                          41 | 31                                                          |                                                          38 | 9                                                           |
| 18                                                          | Induslnd Media & Communications Ltd.                        |                                                           4 | 1                                                           |                                                           0 | 0                                                           |
| 19                                                          | Loop                                                        |                                                           0 | 1                                                           |                                                           0 | 0                                                           |
| 20                                                          | MTNL                                                        |                                                          69 | 61                                                          |                                                          28 | 6                                                           |
| 21                                                          | Meghbela Cable & Broadband                                  |                                                           1 | 2                                                           |                                                           0 |                                                             |
| 22                                                          | MTS                                                         |                                                           5 | 4                                                           |                                                           3 | 0                                                           |
| 23                                                          | Nextra Teleservices Pvt. Ltd.                               |                                                           0 | 2                                                           |                                                           1 | 0                                                           |
| 24                                                          | Noida Software                                              |                                                           1 | 0                                                           |                                                           0 | 0                                                           |
| 25                                                          | Ortel Communications                                        |                                                           0 | 2                                                           |                                                           0 | 0                                                           |
| 26                                                          | Pioneer Elabs Ltd.                                          |                                                           0 | 0                                                           |                                                           1 | 0                                                           |
| 27                                                          | Quadrant Televentures Ltd.                                  |                                                          12 | 0                                                           |                                                           1 | 0                                                           |
| 28                                                          | Reliance Communication Ltd.                                 |                                                          88 | 83                                                          |                                                         115 | 17                                                          |
| 29                                                          | Reliance Telecom Ltd.                                       |                                                          20 | 20                                                          |                                                          36 | 4                                                           |
| 30                                                          | Rajesh Multichannel Pvt. Ltd.                               |                                                           2 | 5                                                           |                                                           0 | 0                                                           |
| 31                                                          | Sify                                                        |                                                           7 | 0                                                           |                                                           0 | 0                                                           |
| 32                                                          | Siti Cable Network Ltd                                      |                                                           1 | 0                                                           |                                                           0 | 0                                                           |
| 33                                                          | Smartlink Broadband Services Pvt. Ltd.                      |                                                           0 | 3                                                           |                                                           2 | 0                                                           |
| 34                                                          | Southern Online Bio Technologies Ltd.                       |                                                           1 | 0                                                           |                                                           0 | 0                                                           |
| 35                                                          | Syscon Infoway Pvt. Ltd.                                    |                                                           3 | 2                                                           |                                                           0 | 0                                                           |
| 36                                                          | Tata Communications Ltd                                     |                                                          48 | 243                                                         |                                                         224 | 53                                                          |
| 37                                                          | Tata Teleservices (Maharashtra) Ltd                         |                                                           0 | 4                                                           |                                                           7 | 0                                                           |
| 38                                                          | Tata Teleservices Ltd                                       |                                                           0 | 4                                                           |                                                           6 | 2                                                           |
| 39                                                          | Telenor                                                     |                                                          10 | 15                                                          |                                                          15 | 10                                                          |
| 40                                                          | Tikona Digital Networks                                     |                                                           3 | 0                                                           |                                                           0 | 0                                                           |
| 41                                                          | Vasai Cable Pvt. Ltd.                                       |                                                           0 | 1                                                           |                                                           0 | 0                                                           |
| 42                                                          | Videocon                                                    |                                                           0 | 0                                                           |                                                           1 | 0                                                           |
| 43                                                          | Vodafone                                                    |                                                          54 | 44                                                          |                                                         115 | 29                                                          |
| 44                                                          | Wish Net Pvt. Ltd.                                          |                                                           0 |                                                             |                                                           0 | 0                                                           |
| 45                                                          | You Broadband & Cable India Ltd.                            |                                                          70 | 1 5                                                         |                                                           4 | 2                                                           |
| Total                                                       | Total                                                       |                                                        1204 | 1299                                                        |                                                        1267 | 269                                                         |

Contd…4/-

## Annexure-II

## Details of non-compliance with respect to the Mobile Number Portability Regulations, 2009

2016-17 : No case of non-compliance observed so far.

| Name of TSP                    |   2013-2014 |   2014-2015 |   2015-2016 |   Total |
|--------------------------------|-------------|-------------|-------------|---------|
| Aircel                         |       29967 |         178 |           4 |   30149 |
| Bharti Airtel                  |       93550 |           2 |           0 |   93552 |
| BSNL                           |       21970 |           0 |           0 |   21970 |
| Idea                           |       10437 |          13 |           0 |   10450 |
| MTNL                           |           8 |           3 |           0 |      11 |
| Quadrant                       |          50 |           0 |           0 |      50 |
| Reliance Telecom Limited       |          86 |           1 |           0 |      87 |
| Reliance Communication Limited |          17 |           0 |           5 |      22 |
| Sistema Shyam TeleServices Ltd |        1018 |           0 |           0 |    1018 |
| Loop                           |         117 |          27 |           0 |     144 |
| Videocon                       |           0 |           1 |           0 |       1 |
| Vodafone                       |       20733 |         398 |           0 |   21131 |
| Tata                           |        3867 |         100 |           0 |    3967 |
| Telenor                        |          17 |           1 |           0 |      18 |
| Total                          |      181837 |         724 |           9 |  182570 |

Annexure-III Details of violations of norms and regulations noted by F&EA Division

| Year   | Name of Telecom Service Provider         | Regulation                                                        | Nature of Violation                                               |
|--------|------------------------------------------|-------------------------------------------------------------------|-------------------------------------------------------------------|
| 2013   | 2013                                     | 2013                                                              | 2013                                                              |
| 1.     | The Reporting System Accounting          | on Separation Regulations, 2012 (ASR)                             | Delay in submission of reports for 2011- 12                       |
| 2.     | MTNL Tikona Digital                      | on Separation Regulations, 2012 (ASR)                             | Delay in submission of reports for 2011- 12                       |
| 3.     | BSNL                                     | on Separation Regulations, 2012 (ASR)                             | Delay in submission of reports for 2011- 12                       |
| 4.     | BSNL                                     | on Separation Regulations, 2012 (ASR)                             | Delay in submission of reports for 2012- 13                       |
| 5.     | Sify Technologies                        | on Separation Regulations, 2012 (ASR)                             | Delay in submission of reports for 2012- 13                       |
| 6.     | Tikona Digital Network Pvt Ltd.          | Telecommunication Tariff Orders                                   | Delay in filing of Tariff report (one instance)                   |
| 7.     | Bharti Airtel                            | Telecommunication Tariff Orders                                   | Delay in filing of Tariff report & excess charges(three instance) |
| 8.     | MTNL                                     | Telecommunication Tariff Orders                                   | Delay in filing of Tariff report (one instance)                   |
| 9.     | Vodafone                                 | Telecommunication Tariff Orders                                   | Delay in filing of Tariff report (twelve instances)               |
| 10     | Loop Mobile                              | Telecommunication Tariff Orders                                   | Delay in filing of Tariff report (one instance)                   |
| 11.    | Aircel                                   | Telecommunication Tariff Orders                                   | Delay in filing of Tariff report (one instance)                   |
| 2014   | 2014                                     | 2014                                                              | 2014                                                              |
| 1.     | Tulip Telecom The Reporting              | System on Accounting Separation Regulations, 2012 (ASR)           | Delay in submission of reports for 2011- 12                       |
| 2.     | Tulip Telecom                            | System on Accounting Separation Regulations, 2012 (ASR)           | Delay in submission of reports for 2012-                          |
| 3.     | Beam Telecom                             | System on Accounting Separation Regulations, 2012 (ASR)           | 13                                                                |
| 4.     | BSNL                                     | Telecommunication Tariff Orders                                   | Delay in filing of Tariff report (three instances)                |
| 6.     | Bharti Airtel                            | Telecommunication Tariff Orders                                   | four instances) Delay in filing of Tariff report (one             |
|        | Reliance Communications                  | Telecommunication Tariff Orders                                   | instance) Delay in filing of Tariff report (one                   |
| 7.     | Reliance Telecom                         | Telecommunication Tariff Orders                                   | instance) Delay in filing of Tariff report (one                   |
| 8. 9.  | Aircel D-Vios Broadband                  | Telecommunication Tariff Orders                                   | instance) Delay in filing of Tariff report                        |
|        | Pvt. Ltd.                                | Telecommunication Tariff Orders                                   | (two instances)                                                   |
| 10.    |                                          | Telecommunication Tariff Orders                                   | Delay in filing of Tariff report (one instance)                   |
| 2015   | 2015                                     | 2015                                                              | 2015                                                              |
| 1.     | Loop Mobile(India) Ltd. The              | Reporting System on Accounting Separation Regulations, 2012 (ASR) | Delay in submission of reports for 2012- 13                       |
| 2.     | Reliance Communications Ltd.             | Reporting System on Accounting Separation Regulations, 2012 (ASR) | Delay in submission of reports for 2014- 15                       |
| 3.     | Reliance Telecom Ltd.                    | Reporting System on Accounting Separation Regulations, 2012 (ASR) | Delay in submission of reports for 2014- 15                       |
| 4.     | BT Global Communications India Pvt. Ltd. | Reporting System on Accounting Separation Regulations, 2012 (ASR) | Delay in submission of reports for 2014- 15                       |
| 5.     | Atria Convergence Technologies Pvt Ltd.  | Reporting System on Accounting Separation Regulations, 2012 (ASR) | Delay in submission of reports for 2014- 15                       |
| 6.     |                                          | Reporting System on Accounting Separation Regulations, 2012 (ASR) | Delay in submission of reports for 2014- 15                       |
|        | Vodafone                                 | Telecommunication Tariff Orders                                   | Delay in filing of Tariff report (three instances)                |
| 7.     | Bharti Airtel                            |                                                                   | Delay in filing of Tariff report (three instances)                |
| 8.     | BSNL                                     |                                                                   | Delay in filing of Tariff report (one instance)                   |
| 9.     | Idea                                     |                                                                   | Delay in filing of Tariff report & excess charges (two instances) |

|   2016 | 2016                         | 2016                                                                  | 2016                                                         |
|--------|------------------------------|-----------------------------------------------------------------------|--------------------------------------------------------------|
|      1 | You Broadband India Pvt. Ltd | The Reporting System on Accounting Separation Regulations, 2012 (ASR) | Delay in submission of reports for 2014- 15                  |
|      2 | Dishnet Wireless Ltd.        | Telecommunication Tariff Orders                                       | Delay in filing of Tariff report (one instance)              |
|      3 | Aircel                       | Telecommunication Tariff Orders                                       | Excess charged to subscribers than prescribed (one instance) |
|      4 | Tata Teleservices            | Telecommunication Tariff Orders                                       | Delay in filing of Tariff report (one instance)              |
|      5 | Vodafone                     | Telecommunication Tariff Orders                                       | Delay in filing of Tariff report (two instances)             |
|      6 | Reliance Communications      | Telecommunication Tariff Orders                                       | Delay in filing of Tariff report (one instance)              |
|      7 | BSNL                         | Telecommunication Tariff Orders                                       | Delay in filing of Tariff report (two instances)             |

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