Tag Archive for 'TRAI'

TRAI: Disppointing response from Appellate Authority

As per the previous post, it is clear that they have sought to “play down” my response and call it as “hypothetical question”. If it doesn’t smack of playing favorites, then what else does? It’s the folks from the same department who are trying to cover each others ass!

I am terribly disappointed by their response. Hypothetical? My foot. I had asked pointed questions and everything here is in public domain. Even the response received from them which I got scanned and put it up here. To say that TRAI is full of assholes, is truly an understatement.

I was not even called for the appeal which is unfair. This case was decided “ex parte” which is not called for. Indeed, it is my privilege to attend the hearing; it is my call (as per the law) whether or not I need to go their dung infested shit holes.

I am not even surprised that they have not even bothered to go in the nature of the appeal but rather dismiss it as “fucking hypothetical”. What was the b**** even thinking about? Is it possible to quell the public opinion just because these motherfuckers are bedfellows with the vested corporate interests? What the FUCK is the Government of India doing as we all get raped for the public convenience that truly belongs to us?

I am sorry to say but we have juvenile delinquents hired as “regulators” who are not even fit to stand tall on their two feet but then it’s too much to ask for these creepy crawly lowly beings. They ought not forget that EVERYTHING about them is out in the public domain; although it is not a “personal fight” but based on their responses, I might even be compelled to ask them for their qualification, the reason they have been appointed for this job and their merits.

The second appeal, of course, is now the CIC, New Delhi and thats where I am headed. In order to maintain the transparency, each of the exchange of the email, the response received and the action taken would all be in pubic domain, that is, here on this blog.

May I also hasten to add that the frequency of posts has dwindled down in recent times because I am very busy with the academic pursuits and it is difficult to move ahead full steam with the present case as well as do justice to this blog. Nevertheless, I am expecting some response from CIC and since the courthouses are open for all, in the event that this case lands up there, I invite you all to present your side of the story.

I shall keep you informed via this blog or through the forums. Stay in touch and I am even more determined to take the fight to the finish.

Mobile number portability and TRAI: Suckers

As per the media reports, the mobile number portability is delayed because BSNL and MTNL were not ready for it.

In any case, I am toying with the idea of filing a second RTI application but my attention is fixated on academics and it would be impossible to keep a track of the same. In case anyone among the readers feels motivated enough, please let me know through feedback on drapuri (at) gmail (dot) com and I would happily guide the way out including help with drafting of the application.

Trust me, you’d feel very happy with the process to move the sarkari machinery in motion to respond to you. The idea is to inundate these idiots with RTI applications and make them realize that their own regulations are being flouted.

The context of the RTI application should include pointed questions towards mobile number portability, relevant orders to the same, procedure outlined, whether the telecom operators are filing compliance reports, copies of those reports, penalties to be imposed on operators who delay, cause of delays and what action has TRAI taken to ensure compliance with the erring operators.

This is important because TRAI’s own rules are being flouted, mobile number portability would have benefited the incumbent operators and the biggest losers would have been the Government Operators. With delays in capacity expansion, BSNL is already loosing market share. But then, who cares?

The entry of private operators hasn’t really shaken up the market. With perhaps per second billing as the highlight of the year, there is nothing else to speak of. In any case, it would not result in “drastic savings” because of the complex interconnect and termination charges. We don’t really know how we are being scammed.

A further highlight of the proposed RTI application can be the break up of the call rates and the scope for reduction of the same. The operators are dependent on voice revenues to a large extent; data and VAS accounts for a growing percentage of revenues, but as per media reports, not good enough to impact the bottomline in any significant manner. Therefore, the scramble is on to protect the cash cow; at any cost because the customers can be MILKED.

The big question really is: How much profit is really profitable?

TRAI: Filed for RTI application regarding Broadband

Here is the text of the email, fax and the registered post sent to TRAI regarding various issues related to Broadband.

To,
The Central Public Information Officer
Telecom Regulatory Authority of India
Mahanagar Doorsanchar Bhawan,
Jawaharlal Nehru Marg, Old Minto Road,
New Delhi-110 002
Tele: 011-23211622
Fax: 011-23213294

E-mail: ap@trai.gov.in

Sub: Application under the Right to Information Act, 2005 for information relating to Broadband Internet, Fair Usage Policies and pricing mechanism.

Dear Sir,

I am a citizen of India, and I request you to kindly provide me with the following information under the Right to Information Act, 2005 with regards to information relating to Broadband Internet, Fair Usage Policies and pricing mechanism.

1)Why the definition of “broadband” has been kept at 256kbps and not subject to revision for higher speeds? Is there a proposal to re-define the speed of broadband access? If yes, kindly provide the details of the file, notings and objections if any received from Internet Service Providers. The same to be provided in writing by way of certified photocopies.

2)What is the meaning of the term “unlimited internet”?

3)What is the meaning of the term FAIR USAGE POLICY? Has this been put up or suggested by TRAI? If yes, what is the basis for the introducing such a policy? Has the cross section of the user base been consulted before implementing such a policy?

4)Does fair usage policy violate any of the provisions of TRAI?

5)If it does, what action can be taken against errant Internet Service Provider?

6)Has any Internet Service Provider been ever penalised for violating for introducing “fair usage policy”?

7)Do the Internet Service Providers provide details to TRAI about their various broadband plans?

8)If yes, has TRAI suggested reducing the price for various plan combinations? If yes, what is the base price fixed for an unlimited Internet Connection by any Internet Service Provider? If no, is there any provision whereby TRAI can act on behalf of the customer to reduce the prices?

9) How has the tariff on unlimited broadband (1Mbps unlimited) being offered by Bharti Airtel fixed line been calculated?

I would be highly grateful if the above-mentioned information could be provided to me at my postal address within the statutory period of 30 days from the date of receipt of this application.

The requisite fee is being paid along with this application by way of postal order in favour of the accounts officer.

Should there be any additional fees chargeable as per the Act; the same may be communicated to me by e-mail or postal address with the required work up of the details as to how the increased charges are justified and how you have arrived at the calculation of the same.

Please rush the information to me by speed/registered post. If the information is not with you, please forward this application to appropriate PIO, under intimation to me. Please also provide me file notings and action taken report on this application along with your reply.

I sent them today with “Acknowledgement Due” from a post office with the requisite proof of having sent them the postal order. To my knowledge, they cannot feign ignorance; I would be following this up on a regular basis.

Here’s to the power of the people! I am bracing up for a big fight for sure.

3G India: Who needs it?

The following is the text of the email sent and an edited version appeared in Business Standard on 06/11/2009.

Dear Sir,

This refers to Shyam Ponnapa’s write up on BS dated 05/110/2009 (Managing Spectrum Efficiently).

The big question. Why do we need 3G? Why not focus on the land line business alone for broadband access? Or better still. Community Wifi?

The arguments for doing away with this are many. Community Wifi is deemed to be a security risk but then countries like Singapore have implemented this on a large scale nationwide. The mobile phones required to access 3G invariably have Wifi access too. Unless, the telecom companies are expecting surefire hits like Apple iPhones or flood of other smart phones to access the Internet, it is not happening.

We don’t have accurate numbers about the likes of Reliance and Tata who are offering their 3G access. If initial reports are to be believed, they are plagued by “line of sight” hassles, ‘network congestion’ and lackluster customer support. To top it all, it has the access limitations which means that broadband access, even on the 3G spectrum would be capped for very obvious reasons.

We have enough bandwidth in the country but as anyone would testify, we have problems in implementing the “last mile access”; having a contentious set of issues like 3G is not going to solve the persistent problem of “last mile access” because no one is interested in sinking money for a long term.

We can have a fair idea from the existing companies like Airtel or Vodafone who charge exorbitant rates under the present implementation of “mobile internet”. What is the guarantee that they would lower down the prices once they pay fancy sticker prices in 3G auction?

3G, would most likely be used for carrying more voice traffic because none of the players harbours any disillusionment about the “mobile broadband” across the length and breadth of the country.
The market for value added services is locked up within the “walled garden” of the existing players; it is unlikely that 3G access would “revolutionize” the content.

This pretty much sums up what I have always alluded here and my opposition to 3G remains.

Indian Telecom: End of the boom?

This is what the headlines in Business Standard say. Let me highlight the relevant portions of the report for your eyes only:

Rising competition (13 licences for each circle), falling tariffs (lowest in the world, falling further because of per-second billing), rapidly declining average revenue per user (ARPU) because the newer subscribers are the low spenders in semi-urban and rural areas, and high taxes (about 30 per cent in all) ……….have put paid to the aspirations of not only the new entrants but also incumbents……..deleted.

Forget about fancy valuations. I have always contested the claim about the “lowest tariff in the world” because it is not in consonance with the actual “gini coefficient”; which means that we pay more than we can actually spend. It is a bitter truth but then the newspapers need a lifeline of their advertising spends, so rest assured, this truth will NEVER be out.

……Nearly 15 million more users came on board in September….. It has also brought into focus the phenomenon of dual SIMs — existing subscribers are acquiring additional connections, resulting in a seeming increase in subscribers but in fact merely leading to a bill being split between two or more service providers….Deleted.

For the first time, to my knowledge, a newspaper daily has mentioned this in black and white. Let me also repeat. The operators keep the discarded number for a period of atleast 3 months before it is “terminated”. So even though, a customer has left in the middle of month, the disconnection would not be reported for another 3 months (which, I believe is an industry practise). The same customer may acquire multiple connections or dual SIMS; so it is the growth of the SIM cards and perhaps not the customers which is reported. In any case, the simple headcount may not be feasible.

Industry executives blamed much of the ills on the government and the regulator. With falling tariffs, they need to cut costs, but their hands are tied because 35-40 per cent of their costs are taxes and other regulatory expenses. They have to pay 5 per cent of their revenue even from rural areas towards the universal service obligation fund which is meant to promote rural telephony. They said there was no need for the regulator to push for pay-per-second billing by all…… Deleted.

Now this is something that industry officials would always bleat about. Let them come out openly against the said “policies”…shadow fighting the Government wouldn’t help. For one simple reason. If these morons had any iota of service towards customers, I would have sympathized with them. But, they treat their customers like dirt; more so like crap cash cows who feeds in their kitties with little change so that likes of Mittal and his ilk can reap in obscene profits. In any case, let them prove their worth with their commitment to service, their willingness to be transparent, their approachability and customer care in the true sense of the term. People need their money’s worth but alas! My countrymen are basically lazy bastards who wish to have everything on platter without fighting for it.

…….the incumbents said they remain committed and focused on growth. “We will continue to enhance our market leadership and simultaneously open new revenue streams like m-commerce, m-entertainment, digital media and many other products……Deleted.

They have no real option but to focus on Value Added Services which is “babes, bikinis and bollywood”. Unless these people want to “focus” on phone sex services which would be a “high revenue earner” for them.

Rest of the write up seems to sum up the gloom and “brave words” just to reassure the shareholders that “we are up to it”. That we would weave our small little web of deceit, of lies and pull wool over the regulators and leave no stone unturned to defraud our customers because they are basically bunch of idiots and nincompoops. No one knows how much unaccounted for wealth flows in and out of system or whether this elaborate system allows them to launder their money in more effective way. There is no accountability to the customers because they are using a PUBLIC resource and merely by adding value to it doesn’t entitle them to the ownership of it.

Sadly, this isn’t mentioned anywhere. This of course, would be mentioned at all.

Fight against Vodafone India: Sweet victory

It was a big long drawn fight against Vodafone Essar India. I have documented this here, here and here. I want to fight for the next level of transparency in the sector because information is not flowing in freely and it is a big hassle to know about the status of the complaints.

I have already documented that each operator needs to file a compliance report with TRAI every quarter including the action taken on the same. I had to push the company to act based on the threats sent as I insisted that they be made public using RTI. It was a “threat” alone which did the trick.

Further, the nodal officer and the appellate authority system doesn’t seem to be working because they are company officials. Even though it is mandated that all complaints be addressed in a time bound manner, it doesn’t happen so. What is the way out?

Department of Telecom is going through it’s own hassles with CBI raids in connection with the huge telecom scam related to auction of spectrum. I don’t foresee anything coming out of it (nor it’s worth reporting here) because it is just political arm twisting. Those officials are useless anyway; in that case, DoT is out of question.

That only leaves us with the option of TRAI and the idea that it needs to be more proactive in enforcing it’s own regulations. This calls for a concerted action against the errant officials because the companies are focused only on customer acquisition and not customer retention. Mobile number portability MIGHT change the service scenario a bit but I am being cynical about it because the exit and the entry barriers would be unfair to customers; unless the ensuing events prove me wrong. The charges for plan migration have yet not been defined; we as customers should demand a “pro-customer” outlook and not whims and fancies of fat cats dictating terms to both Government and Media.

On a happy note, the network coverage in my premises has vastly improved in all areas of building making it a hassle free experience. It took time and effort but it was worth it.

In the process, I learnt about the bad corporate ways too. And recounted it all here :)

Update (27/10/2009):
I got a call from the Vodafone Network people asking me to send across a mail of “appreciation” for the “good work” that they have done!!

I countered that by asking them to send across the details of their CEO so that I could cc to them as well! Strange kind of assholes indeed!

Pirates rejoice!

Piracy, in strictest sense of the term, is defined as “copyright violation”. It is strictly the realm of law to define the various provisions and it’s literal meaning. The purpose of this post is not to go in the legalese but to define the reason behind this “growing phenomenon”: Broadband.

I remember the days of pathetic 56 kbps access on the telephone modem. The dial up access was atrociously expensive, the lines faced frequent disconnections and the overall experience was laced with frustrations. I writhed my hands in despair when I heard about Napster allowing unrestricted exchange of music residing on the hard drives. While I don’t condone this (for legal reasons) but it allowed unrestricted exchange of music one never knew ever existed! Napster died a horrible death due to unrelenting legal challenges by MPAA.

MPAA is a quasi union to protect the interests of the content creators. US has been a test bed of the way this contentious issue has evolved over the years. The MPAA has garnered a lot of bad press from the people who fuel the peer to peer networks. There has been a dissent generated from the ISP’s who claim that this kind of traffic chokes their network and cite FUD campaigns to announce the imminent breakdown of Internet; that the bandwidth would soon run out with the kind of content that is being shared.

In the Web 2.0 arena, interestingly, none of the players are making serious money but follow the basic “Christy” method of “harvesting of souls“. Content is created to dumb down the masses in name of entertainment and people hooked on to the “opium of masses” (based on the loose misrepresentation of Marx). Frankly, content creation involves mega budgets and creators look for perpetual “evergreening” of “copyright” in order to milk whatever is worth it.

In this scenario, it is a double pronged attack on the people who share something that is inaccessible or content that has been blocked because of complex copyright issues. For example, a movie having a theatrical release in US quickly goes through it’s DVD sales and then released “worldwide”. Peer to peer networks (Torrents or it’s variants) has changed the game altogether. The moment a DVD is released, it is “ripped” and uploaded for all. The “seeders” abound for the “leechers” and the cycle continues.

The speeds are an issue worldwide. Primarily, the governments have encouraged faster speeds by tax breaks and other incentives to promote digital lifestyles and the positive spinoffs from that. Asian countries like Singapore, South Korea and Japan have lead the way. Recently, Australia announced it’’s grand plan to push rural broadband impetus. US has had an acrimonious debate about the role of FCC (their version of TRAI) and the paltry definition of broadband access at 256kbps. Despite the intensive lobbying, nothing really has come out of it.

Piracy has kept pace with the “increasing” speeds so as to say. Legislation has not kept pace with the attempts to thwart this growth. Europe has seen some activity which led to confiscation of Pirate Bay servers and as a result the public rose in revolt against this “misstep” and formed a “Pirate party”. Interestingly, it even managed to win at the hustings and got a seat in the parliament.

I feel that “rooting” out the piracy is impossible. If Governments find means to thwart Internet access or even “slow down speeds”, there are people to bypass these issues in the name of unfettered access.

I don’t endorse piracy in the present form (to be on the right side of law) but there is an inherent need for people to share. This basic impulse cannot be wished away for times to come.

Broadband is going to change the equations in the way we connect. I don’t have any teary eyed dreams of a “global connected village” though but it’s a good feeling that resources can be shared by one and all.