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Airtel Questions TRAI’s Green Signal to Jio’s Happy New Year Offer PTI

Anup Tiwari

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Bharti Airtel on Friday moved telecom dispute tribunal TDSAT against TRAI allowing Mukesh Ambani-led Reliance Jio to continue free promotional offer beyond stipulated 90 days, charging the regulator of being a "mute spectator" to violations.
 

Saj 007

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Airtel Challenges TRAI Decision That Allowed Reliance Jio to Continue Promo...

Bharti Airtel on Friday moved telecom dispute tribunal TDSAT against TRAI allowing Mukesh Ambani-led Reliance Jio to continue free promotional offer beyond stipulated 90 days, charging the regulator of being a "mute spectator" to violations.
In its 25-page petition before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), India's largest private mobile services operator asked the quasi-judicial body to direct TRAI to ensure that Jio does not provide its free voice and data plan beyond December 3.
It alleged that violation of TRAI's tariff orders has been continuing since March 2016, causing "significant prejudice and day-to-day loss" to it and "affecting its network" as it has bear asymmetric traffic due to free call offer by Jio.
Jio first launched an inaugural free voice and data plan beginning September 4 and earlier this month extended it till March 31.

Giving reasons for its petition, Airtel said the "free services" continue in blatant violation of the TRAI's Directions, Tariff Orders and the Regulations with "TRAI as a mute spectator".
When the petition was mentioned before a bench of TDSAT on Friday, Jio counsel was present who asked to be impleaded as a party to the case. TRAI submitted that it needs 10 more days to take a decision.
TDSAT directed TRAI to come back with its decision on the next day and directed Jio to file an impleadment application.
Next date of hearing has been fixed for January 6, 2017. Airtel in the petition alleged that TRAI in its decision dated October 20 "erroneously concluded" that since the Jio's promotional offer of free services was only valid till December 3, it is consistent with the "90 days" directions of TRAI.
"The TRAI further without affording any reasoning baldly, cryptically and in a non-transparent manner in violation of Section 11(4) of the TRAI Act concluded that the Tariff Plans offered by the said TSP are not non-compliant with IUC and are not predatory and discriminatory at present. The impugned decision of TRAI is thus bad in law and deserves to be quashed," it said.
The appeal, it said, has been filed against TRAI's October 20 decision as well as against its "continued failure to fulfil its statutory obligation" under TRAI Act by prohibiting the blatant violation of its own Tariff Orders and Regulations.

Airtel Challenges TRAI Decision That Allowed Reliance Jio to Continue Promo | NDTV Gadgets360.com
 

rahul1117kumar

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Telecom regulator to Reliance Jio: Why free services should not end on December 31

Telecom regulator Trai has asked Reliance Jio to explain why extension of its free voice and data plan should not be seen as violation of existing regulations requiring promotional offers to be limited to 90 days.

Trai shot off the letter after the Mukesh Ambani-led firm announced free data and voice calls for existing and new customers under the 'Happy New Year offer', days before the 90-day inaugural welcome plan ended on December 3.

In the December 20 letter, the regulator, which is in the process of examining the new plan by Reliance Jio, also asked why the offer of free data under the promotional scheme should not be treated as "predatory".

When contacted, Reliance Jio Infocomm Ltd (RJIL) did not offer any comments on the issue.

Sources with direct knowledge of the development said the regulator in its letter had cited RJIL's consumer base growing to 63 million as on December 18 to state that the company will become a significant market player in the broadband space shortly, may be by December-end.

Stating that the preliminary analysis relies on factors like average subscriber additions per day and free data being offered, Trai is learnt to have asked RJIL to clarify as to "why the offer of free data under the promotional offer should not be treated as predatory."

Another source said that in a meeting with Trai, Jio has said that the latest Happy New Year offer is substantiatively different from the Jio Welcome Offer (that commenced on September 5) as in the initial offer it had provided 4GB of free data per day, and in the new offer the same was capped at 1GB under Fair Usage Policy.

Also, they contend, in the first offer there was no option of renewal or payment after the 4GB limit was exhausted, but in the new offer, one can recharge both data and the promised speed.

In terms of market dominance, Reliance Jio is six per cent of the installations in the country whereas the Competition Commission of India (CCI) norms specify 30 per cent threshold to trigger the 'misuse of market dominance' clause.

Sources said, Trai has also asked Jio to give an estimated month-wise projection of the number of subscribers that are expected to be added till March 31, 2017.

Jio has been given five days to clarify on the issues raised by the regulator.

TRAI: Telecom regulator to Reliance Jio: Why free services should not end on December 31, Telecom News, ET Telecom
 

rahul1117kumar

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Reliance Jio seeks time till December 29 to respond to Trai's queries

Reliance Jio has sought additional time till December 29 to respond to telecom regulator Trai 's query on why extension of its free voice and data plan should not be seen as violation of existing norms that requires promotional offers to be limited to 90 days.

Trai had written to Jio on December 20 asking it to explain within five days why the 'Happy New Year offer' should not be seen as "violation" of regulatory guidelines and also why the offer of free data under the promotional scheme should not be treated as "predatory".

According to sources, Reliance Jio has now written to Trai seeking additional time up to December 29 to send in its responses.
An e-mail sent to Reliance Jio did not elicit any response.

Last week, Trai - which is in the process of looking at Jio's new promotional offer - had said that preliminary examination of the new offer filed with it "prima facie" revealed that except for minor changes in the quantum of data in the new offer, it seemed to be an extension of the old promotional offer beyond 90 days.
Trai has also asked Jio to give an estimated month-wise projection of the number of subscribers that are expected to be added till March 31, 2017.

In a meeting with Trai earlier this month, Jio has said that the latest Happy New Year offer is substantiatively different from the Jio Welcome Offer (that commenced on September 5) as in the initial offer it had provided 4GB of free data per day, and in the new offer the same was capped at 1GB under Fair Usage Policy.

Also, they contended, that in the first offer there was no option of renewal or payment after the 4GB limit was exhausted, but in the new offer, one can recharge both data and the promised speed.

In terms of market dominance, Reliance Jio is six per cent of the installations in the country whereas the Competition Commission of India (CCI) norms specify 30 per cent threshold to trigger the `misuse of market dominance' clause.

reliance jio seeks time till december 29 to respond to trai's queries, Telecom News, ET Telecom
 
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