Complete collapse of Regulatory Mechanism in BSNL
deliberately engineered and carefully planned by top BSNL Management to facilitate
private operators squeeze and wreck havoc with resources of BSNL. Allowing
private operators to have cake walk in 3 G ICR case in Supreme Court classic
instance of BSNL Management compromising legitimate business interests of the
Company at a time when it is profusely bleeding:
The move to systematically demolish a once robust regulatory mechanism in BSNL started nearly four years before and today it is non- existent. Systematically demolishing Regulatory Mechanism of such a gigantic telecom company was a well calculated and planned strategy of top BSNL Management with ulterior and dubious motives to allow private operators to have a free ground vis-a-vis eating into the revenues of BSNL and they have succeeded in their sinister designs. Regulatory mechanisms are today the nerve centres of telecom service providers and BSNL is having nothing such as regulation today. Nothing means really nothing. This deserves strongest condemnation of BSNL Management for allowing continuance of a situation where private operators have a free and unhindered walk by eating into the vitals of the Company and are allowed to jeopardize legitimate business interests of the Company wilfully. These are the credentials of BSNL Management. What a pity. How management is directly contributing deliberately towards disaster of the Company.
Director (CM)/BSNL must and has to own total responsibility and must be taken to severe task for serious, unpardonable and deliberate lapse of allowing Private Operators to have a free run in 3G ICR case in Supreme Court Vis-a-Vis BSNL: Since 90% of the regulatory issues relate to wireless segment of the business, Director(CM), with nearly more than a one and a half year in the saddle now, should have taken immediate action to ensure that a robust and vibrant regulatory mechanism is put in place. Despite persistent pleadings by this Association to take immediate action to have a robust regulatory mechanism in place, Director(CM) took just no action and the result of all this was that BSNL was not represented in the Supreme Court recently in the most important case of 3G ICR case recently and obviously Supreme Court did not stay the order of TDSAT to allow private operators to roam in 3G segment through illegitimate ICR pacts. Who pays for the massive losses that BSNL is suffering from in 3G segment because of cartelization by Vodafone, Idea and Airtel? We have good reasons to conclude that top BSNL Management has been part and parcel of facilitating this cartelization and allowing private operators to encroach upon 3G business of BSNL through illegitimate ICR pacts and eat into resources of BSNL. From the discussions with top management of BSNL, it appears as if this is not even an issue for them. We did not expect action from previous Director(CM) for very obvious reasons, but new Director(CM) on whom huge expectations hinged has disappointed and betrayed the trust of the Company by allowing its interests to be compromised. Will Director (CM), instead of acting in a bureaucratic way, be proactive, tough and take actions on the ground that lead to tangible results. It is high time for young Director(CM) to introspect and initiate serious and meaningful initiatives that restore his credibility. Director(CM) should be conscious of the fact that for the first time potential wireless segment of the Company has gone into the red and he has to own up responsibility and must be held accountable for this debacle.
The beginning of all this should be to immediately have a very strong, lively and vibrant Regulatory Mechanism in the Company where people having complete knowledge of very complex issues relating to telecom policy regimes, networking, regulatory policy frameworks, IUC, telecom traffic flows, tariff structures are posted. Let the present mechanism which is non- existent be done away with as quickly as possible. Heads would have rolled over for such a lapse in a private enterprise.
Meeting with CMD / BSNL: CHQ
president, AGS, Com Dahiya, CS/TN and CS/BSNL CO met CMD on 19-12-2014 and conveyed strongest
resentment of the Association because of deliberate failure of BSNL Management
to let allow private operators to have a free go in the Supreme Court in the 3G
ICR case since BSNL was not represented and naturally Supreme Court did not
stay the operation of TDSAT judgement to allow private operators to offer 3G
services through illegitimate ICR pacts. Even though DOT pleaded for interim
injunction on the operation of the TDSAT Judgement, but it did not cut much ice
with the Court since 3G business of BSNL is adversely impacted through such
illegitimate policy breaches. This plea cannot be put forth by DOT since it is
a licensor/policy enforcer and it has to restrict its arguments to policy
breaches. BSNLs 3G business is impacted and violation of this breach of policy
is affecting 3G business of BSNL only. BSNL had exclusive locus standi to pitch
this argument but since it was not represented, Supreme Court did not stay
order of TDSAT and private operators had naturally a free run which was
facilitated by BSNL Management, we informed CMD.
We also informed CMD that critical Regulatory Mechanism in BSNL is collapsed and is non-existent today. Immediate action needs to be taken to put in place a very robust and lively Regulatory Mechanism to take care of critical and very intricate regulatory issues which have become extremely significant and relevant in present day telecom scenario, we urged upon CMD. It is really very sad and unfortunate that BSNL, which once had a very tough and viable regulatory mechanism to defend its interests in various Courts, today has nothing like regulation, we apprised CMD. CMD assured that he would act immediately on this important issue.
Meeting with Director (CM): CHQ president, AGS Com Dahiya, CS/TN and CS/BSNL CO met Director(CM) on 19-12-2014 and conveyed to him also serious resentment of the Association over the lapse of BSNL Management in not defending 3G ICR case in Supreme Court and thereby allowing private operators to have their way on such an important issue. We reminded Director(CM) that, since 90% of the regulatory issues pertain to CM wing, it was prime responsibility of Director(CM) to ensure that a very robust regulatory mechanism exists to defend policy and regulatory issues in various courts. We also reminded him that on several occasions in the past, this Association requested his intervention on this important issue but nothing really happened.
Finally, we once again urged upon him to take action on war footing to put in place a very formidable and sound Regulatory Mechanism in the Company since more than 90% of regulatory issues relate to wireless segment. We also suggested that Regulatory wing of BSNL should be under direct control of Director (CM). We were assured of a very quick response.
Contempt case relating to repatriation ITS in Honble HC of Delhi:
DOT came under scathing fire from Honble HC of Delhi for its blatant and deliberate violation of the Judgement of Honble High Court regarding repatriation of ITS. Honble HC severely reprimanded and came down heavily on the counsel appearing for DOT for its naked manipulations in implementing the judgement of HC.
Honble Court, short of passing a formal order for breach and contempt of its Judgement delivered by Honble High Court in March, 2012 regarding repatriation of ITS, came very close to terming the actions of DOT as amounting to contempt of Court. At one point of time, the Honble bench asked DOTs counsel to immediately and personally summon Secy/DOT to the Court to explain the conduct and actions of DOT in completely breaching implementation of the Judgement of the Court and persistently misleading the Court regarding its implementation.
However, after painstaking pleadings and explanation by DOTs counsel and his assurances to the Honble Court that necessary corrective actions would be initiated towards implementation of the judgement in letter and spirit, the matter was posted to 5th March, 2015. What is extremely important is that Honble High Court felt completely convinced and satisfied, after detailed arguments by counsel of SNEA(I), that DOT has perpetrated clear breach of Judgement amounting to contempt. The stand of this Association towards ITS repatriation is undoubtedly getting vindicated.