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    TRAI GSM

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    Trai GSM

    Uploaded by

    Sashil Reddy

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 6
    a satcini SoS ake een career tere rr fener eto DvinnarSANCHAR cam TED Teonaraon yn BSNL LIVE ea mG “ ‘Sub:- Show Cause Notice from TRAI: Show cause notice to M/S BSNL for its failure to meet Quality of Service benchmarks Specified under regulation 385 of ‘Standards of Quality of Service of Basic Telephone Service (Wire Line) and Zellular Mobile Telephone Service (Wireless) Regulation, 2009 (7 of 2009) Kindly find enclosed herewith the show cause notice No. 301-3/2012-QoS dated 16” May, 2012 issued by TRAI for the failure to meet Quality of Service Benchmark under TRAI Regulations regarding Basic Telephone Services and Cellular Mobile Telephone Service (Wireless). ‘The TRAI has observed "BSNL is required to show cause notice within 15 days from the receipt of this notice as to why action should not be initiated against them and why a complaint should not be filed by the TRAIL, as Contemplated under section 34 of the TRAI Act, 1997 (24 of 1997), before the Court of competent jurisdiction to take cognizance of contravention of the provision of Quality of Service of Basic Telephone Service (Wire Line) and Cellular Mobile Telephone Service Regulation, 2009 dated the 20" March, 2009 and if no written statement of explanation is received within the time so allowed, the matter will be proceeded with on the presumption that BSNL, has nothing to offer in defence”. It is requested that urgent reply to the show cause notice may be made out so that it can be sent to TRAL. The repercussions of non sending of reply in time Shall have grave consequences. TRAI may also contemplate going to the court of competent jurisdiction to take cognizance of contravention if no written =o Wc (MK. pains eS eae 2. Director (CFA) saree arate fafrarmer wnfrarroT REPT Greer Mery, weNgT eoeT Ae ATH, (Gow hehe). Ret 2 TELECOM REGULATORY AUTHORITY OF INDIA _— Motonener Duonorchor Bhowen, Jousher Lal Ne Mong (Old Minto Rood New Dek 110002 Tox "Sidr 2213294 No 301-2/2012-008 Dated the|s*Mtay, 2012 NOTICE TO SHOW CAUSE Subject: Show cause notice to M/s Bharat Sanchar Nigam Limited for its. failure to meet Quality of Service benchmarks specified under regulation 385 of the Standards of Quality of Service of Basic Telephone Service (wireline) and Cellular Mobile Tolophono Service Regulations, 2009 (7 of 2008). Whereas the Telecom Regulatory Authority of India (hereinafter referred to as the Authority) established under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) [hereinafter referred to as TRA Act] has been entrusted with discharge of certain ‘unctions, inter alfa, to ensure the compliance of the terms and conditions ofthe licence, 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 telecommunications service; 2. And whereas the Authority has, in exercise of the power conferred upon it under section 36 read with sub-ciauses ()) and (v) of clause (b) of sub-section (1) of section 11 Of TRAI Act, made Quality of Service of Basic Telephone Service (Wireline) and Cellular Mobile Telephone Service Regulations, 2009 dated the 20” March, 2009 (hereinafter referred to as the regulations) laying down the Quality of Service standards to be provided by the Basic Telephone Service (Wreline) and Cellular Mobile Telephone Service Providers; 3. And whereas the Authority has appointed Telecommunication Consultant India Limited (TCIL) an independent audit agency, to conduct audit of Jammu and Kashmir, Himachal Pradesh, Punjab, Haryana, Delhi (NCR), Rajasthan, Uttar Pradesh (East), Uttar Pradesh (West) including Uttranchal, Kamatka, Tamilnadu, Chennai, Andhra Pradesh, Kerala, Maharastra (including Goa), Mumbai, Gujarat and Madhya Pradesh (Including Chhatisgarh) service areas. 4. And whereas the Authority has appointed M/s IMRB International an independent audit agency to conduct audit of Assam, Bihar (including Jharkhand), Orissa, North- East, West Bengal and Kolkata service areas. 5. And whereas M/s TCIL has submitted audit report of quarter January, 2011 to March, 2011 and quarter April, 2011 to June, 2011 of Jammu and Kashmir, Himachal Pradesh, Punjab, Haryana, Delhi (NCR), Rajasthan, Uttar Pradesh (East), Uttar Pradesh (West) including Uttranchal, Kamatka, Tamilnadu, Chennai, Andhra Pradesh, Kerala, Maharastra (including Goa), Mumbai, Gujarat and Madhya Pradesh (Including CChhatisgarh) service areas in respect of Cellular Mobile services. 6. And whereas M/s TCIL has submitted audit report of quarter January, 2011 to March, 2011 of Delhi (NCR), Haryana, Chennai and Mumbai service areas and aucit repott of quarter Aptl, 2011 to June, 2011 of Tamilnadu and Maharastra service areas In respect of Basic (Wireline) Services. 7. And whereas, M/s IMRB has submitted audit report of quarter April, 2011 to June, 2011 for Assam, Bihar (including Jharkhand), Orissa, North-East, West Bengal and Kolkata service areas in respect of cellular Mobile Services and North East service ‘area in respect of Basic (Wireline) Services. 8. And whereas regulation 3 & 5 of the said regulations provide that every service provider shall meet the Quality of Service benchmarks of Basic (Wireline) Services and Cellular Mobile service in respect of each parameter specified under the said regulation; 8. And whereas the Authority analysed the audit reports, referred to in paras 5, 6 and 7 to identity the cases where there has been failure on the part of the service providers to meet the Quality of Service benchmarks specified in the regulations and has noted that ‘Mis Bharat Sanchar Nigam Limited has failed to meet the Quality of Service benchmarks in respect of the parameters for Basic (Wireline) Services and Cellular Mobile services specified in the said regulations in the service areas and the period ‘contained in the Annexure-IA, IB and Annexure-IIA, IB attached with this show cause roti. 10. And whereas the Authority is prima facie of the opinion that by not meeting the benchmarks for the Quality of Service parameters, mentioned in the preceding paragraph, Mis Bharat Sanchar Nigam Limited has contravened the provisions of the regulations; 41, And whereas section 20 of TRAI Act, 1997 provides that if @ person violates directions of the Authority, such person shell be punishable with fine which may extend to one lakh rupees and in case of second or subsequent offence with fine which may ‘extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues and reads as under:- "29, Penalty for contravention of directions of Authority- If @ person violates directions of the Authority, such person shall be punishable with fine which may ‘extend to one lakh rupees and in case of second or subsequent offence with fine Which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues.” 12. And whereas section 30 of TRAI Act, 1997, intra alia, provides that where an offence under TRAI Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly and the relevant portion of the said section 30 reads as undi "30. (1) Where an offence under TRAI Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, ‘as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 13, Now therefore, M/s Bharat Sanchar Nigam Limited, being service provider, is hereby required to show cause, within fifteen days from the date of receipt of this notice as to why action should not be initiated against them and why a complaint should not be fled by the Authority, a8 contemplated under section 34 of the Telecom Regulatory Authority of India Act, 1997(24 of 1997), before the court of competent jurisdiction to take ‘cognizance of contravention of the provision of Quality of Service of Basic Telephone Service (Wie Line) and Cellular Mobile Telephone Service Regulations,2009 dated the 20" March, 2009, and if no writen statement of explanation is recgived within the time 0 allowed, the matter will be proceeded with on the presump ‘Sancher Nigam Limited, has nothing to offer in defence, oe Shri $.B. Khare PGM (Regulation), Bharat Sanchar Nigam Limited, 5" Floor, Bharat Sanchar Bhawan, H.C. Mathur Lane, Janpath, New Delhi-1 10001 Copy to: ‘Shri RK. Upadhyay Chairman and MD, BSNL ‘Annoxure-tA QoS Parameter for cellular mobile services Based on one month audit data not ‘mot by M/s BSNL in Qi (January - March), 2011. ‘Areas of Audit done:- Jammu and Kashmir, Himachal Pradesh, Punjab, Haryana, Del (NCR), Rajasthan, Uttar Pradesh (East ), Uttar Pradesh (West) including Uttranchal, Karnatka, Tamilnadu, Chennai, Andhra Pradesh, Kerala, Maharastra (including Goa), Mumbai, Gujarat and Madhya Pradesh (Including Chhatisgarh).. Sr. [QoS Parameter not met | Bimark | License areas where the QoS no, Parameter are not met T_|Worst affected BTSs due [2% Kamataka (2.07%), Gujrat to downtime (2.56%), Punjab (2.86%), MP. (4.35%), CG (4.36%), Rajasthan (6.79%) 2 | TCH Congestion 57% Chhatisgarh (3.46%) 3. [Call Setup Success: 296% | Chhatisgarh (03.43) Rate(CSSR) “@_ | Call Drop Rate Sth Chhatisgarh (3.34%) 5. | Worst affected cells having |= 6% ‘Gujrat (10.00%), Punjab more than 3% TCH drop (12.19%), Uttar Pradesh (East) (5.07%), Chhatisgarh (39.32%), Rajasthan (8.70%) Annexure QoS Parameter for cellular Mobile Services Based on one month audit data not ‘met by M/s BSNL in Q2 (April-June), 2011. ‘Areas of Audit done:- Jammu and Kashmir, Himachal Pradesh, Punjab, Haryana, Delhi (NCR), Rajasthan, Uttar Pradesh (East ), Uttar Pradesh (West) including Uttranchal Kamatka, Tamilnadu, Chennai, Andhra Pradesh, Kerala, Maharastra (including Goa), Mumbai, Gujarat and Madhya Pradesh (Including Chhatisgarh), ‘Assam, Bihar (including Jharkhand), Orissa, North-East, West Bengal and Kolkata, Sr. [QoS Parameternot met | B'mark | License areas where the QoS no. Parameter are not met 1, | BTSs Accumulated TNE (4.05%), BH& JH(2.56) downtime (not available for | $ 2% service) 2_| Worst affected BTSs due UP(East) (2.08%) Assam (14.36%), to downtime $2% | NE (11.18%), Kolkata (6.15%) BHE. JH(5.43}—(BSNL GSM) 3,__| Call setup success Sosy [NE @%) rate(CSSR) | SOCGH/ Paging Channel |

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