It is rare for a regulator empowered by parliament to seek the opinion of the attorney general (AG) on rules and regulations. In an unprecedented action, the Telecom Regulatory Authority of India (TRAI) approached the AG when the incumbent operators opposed the regulator’s proposal to allow Reliance Jio to offer promotional tariff beyond 90 days, bypassing its own rule that was being followed for 15 years.
Former TRAI chairman Rahul Khullar, known for his integrity and fairness as a regulator, told the The Wire that tariff setting was entirely in the regulator’s domain and TRAI was the final authority in the matter. It is, thus, unprecedented that the regulator should seek the AG’s opinion on a tariff setting matter.
Reliance’s initial promotional offer was allowed by TRAI till December 31, 2016. But this continued without any formal word from the regulator, which finally wrote to the AG, Mukul Rohatgi, on January 17, 2017, seeking his opinion on the matter. With the clock ticking, Rohatgi responded within 10 days. His legal opinion not only overturned the practice of limited free promotional service but also other established principles adopted thus far.
The AG’s letter dated January 27, 2017, which is in The Wire‘s possession, goes beyond the issue of the 90-day period of promotional offers and says that even the basic regulatory principles of tariff do not apply on the promotional offers. It means that an operator can offer any tariff scheme as a promotional offer, and it can be discriminatory, predatory and non-inter-connect charges (IUC) compliant.
“I am of the opinion that the promotional offers, even in respect of a dominant player cannot be subject to principles of non discrimination, non predation and IUC compliance,” the AG says in his letter. Such carte blanche in regard to regulatory principles is unprecedented, to say the least.
The AG, the government’s highest legal officer, also says that an operator can offer promotional tariff for an indefinite period and there is no restriction on the number of promotional offers.