S11 Functions of Authority
[(1) Notwithstanding anything contained in the Indian Telegraph Act, 1885 , the functions of theย Authority shall be to –
(a) make recommendations, either suo motu or on a request from the licensor, on the followingย 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 licence for non-compliance of terms and conditions of licence;
(iv) measures to facilitate competition and promote efficiency in the operation of telecommunicationย 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 theย network;
(vii) measures for the development of telecommunication technology and any other matter relatable toย 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;
(ii) notwithstanding anything contained in the terms and conditions the licence granted before theย commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000 , fix the termsย 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 providingย telecommunication services;
(v) lay-down the standards of quality of service to be provided by the service providers and ensure theย quality of service and conduct the periodical survey of such service provided by the service providersย 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 inย the regulations;
(viii) keep register maintained under clause (vii) open for inspection to any member of public onย payment of such fee and compliance of such other requirement as may be provided in theย 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 determinedย by regulations;
(d) perform such other functions including such administrative and financial functions as may beย entrusted to it by the Central Government or as may be necessary to carry out the provisions of thisย Act:
PROVIDED that the recommendations of the Authority specified in clause (a) of this sub-section shallย not be binding upon the Central Government:
PROVIDED FURTHER that the Central Government shall seek the recommendations of the Authorityย in respect of matters specified in sub-clauses (i) and (ii) of clause (a) of this sub-section in respect ofย new licence to be issued to a service provider and the Authority shall forward its recommendationsย 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 informationย or documents as may be necessary for the purpose of making recommendations under sub-clausesย (i) and (ii) of clause (a) of this sub-section and that Government shall supply such information within aย period of seven days. from receipt of such request:
PROVIDED also that the Central Government may issue a licence to a service provider if noย recommendations are received from the Authority within the period specified in the second proviso orย within such period as may be mutually agreed upon between the Central Government and theย Authority:
PROVIDED also that if the Central Government, having considered that recommendation of theย Authority, comes to a prima facie conclusion that such recommendation cannot be accepted or needsย modifications, it shall refer the recommendation back to the Authority for its reconsideration, and theย Authority may, within fifteen days from the date of receipt of such reference, forward to the Centralย Government its recommendation after considering the reference made by that Government. Afterย 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 Authorityย may, from time to time, by order, notify in the Official Gazette the rates at which theย telecommunication services within India and outside India shall be provided under this Act includingย the rates at which messages shall be transmitted to any country outside India:
PROVIDED that the Authority may notify different rates for different persons or class of persons forย similar telecommunication services and where different rates are fixed as aforesaid the Authority shallย record the reasons therefor.
(3) While discharging its functionsย [under sub-section (1) or sub-section (2)], the Authority shall notย act against the interest of the sovereignty and integrity of India, the security of the State, friendlyย relations with foreign States, public order, decency or morality.
(4) The Authority shall ensure transparency while exercising its powers and discharging its functions.[Telecom Regulatory Authority of India Act, 1997]
