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Union of India - Section

Section 8 in Regulation on Guidelines for Registration of Consumer Organizations/non-Government Organizations (NGOS) and their interaction with TRAI, 2001

8. Interpretation.

- In case of disputes regarding interpretation of any of the provisions of this Regulation, the decision of the Authority shall be final and binding.Annexure `A'Registration FormFormat for Application for Registration of NGO/Consumer Organization with TRAI
1. Name and address of Organisation  
  Telephone No.  
  Fax/Email  
2. Details of registration. (Attach a copy of registration certificate)  
3. Whether Constitution/Memorandum of Association and Rules and Regulations for the organization have been framed, if yes, a copy to be enclosed Yes / No
4. Name, address and profession of the present office bearers and members of the Governing Council showing the position held in the organization  
5. Whether any office bearer is having any commercial/business relationship or position in any corporate/business house, and if so, indicate the name and address of the organizations and nature of relationship / position/shareetc.  
6. Details of members i.e. patron, life, individual, institutional members.  
7. Details of Infrastructure  
  Premises: Own /Rental  
  Manpower: Full/part Time (Paid/Voluntary)  
  Network: Local Regional  
  Resource Persons: Available (Y/N)  
8. Organizational Activities Specific Area of Activity (Please tick as applicable)  
  a.Handling issues related to Telecom Consumers  
  b.Handling consumer complaints
  c.Research projects/surveys.
  d.Consumer Education/Training
  e.Consumer Lobbying/Advocacy
  f. Legal Advice service
  g.Consumer Litigation
  h.Comparative product Testing
  i.Regular press columns
  j.Consumer Representations
  k.Publishing consumer letters
  l.Consumer magazines
  m. Any other activity(Please specify)
9. Source Of Funds  
  (Last three years)  
  (a) Individual donations/ contributions/ membership fee  
  (b) State Government  
  (c) Central Govt.  
  (d) Funding Agencies  
  1. Indian  
  2. Foreign (Regn.Certificate copy)  
  (e) From Business sources  
  (f) Others (Please attach copy of Last audited Statement of final accounts)  
10. Whether any publication/survey work has been done in the areas of telecom, if so, attach a copy of the report.  
11. Whether any response to the TRAI Consultation Papers has been made during the last two years and if so, attach copy/copies thereof.  
12. Whether you have capability of networking to conduct survey/study on All India basis(Give details)  
13. Furnish Activity report of the Organization in the last three years.  
This is to certify that above information has been furnished to the best of our knowledge. We will abide by the decision of TRAI on this application.If any of the above information is found to be incorrect any point of time, TRAI will be justified in revoking the registration.Signature of AuthorizedOffice Bearer of applicantAnnexure `B'Explanatory MenorandumTelecom Regulatory Authority of India (Amendment) Act, 2000, in addition to other functions, under Section 11(1) (b) (v) , 11(2) and 11(1) (b) (ix) provides for the functions related to monitoring of quality of telecommunication service, setting of tariffs for telecommunication service provided by the service providers and ensuring effective compliance of universal service obligations respectively.In order to discharge these functions, the Authority follows a consultative and transparent approach by conducting open house sessions involving service providers, Consumer Organisations, NGOs etc. Among various stakeholders of telecommunications services, consumers are the largest in number. Agencies such as Consumer Organisations and NGOs provide a major linkage/ interface with the Authority for efficient discharge of its functions.TRAI recognized the need to register Non-Government Organisations (NGOs) and Consumer Organisations in the telecommunication sector and accordingly, a format was prescribed by the Authority for eliciting information pertaining to the registration. A public notice was issued in March 1998 for information of all concerned to get them registered with TRAI. In response to the above notice, 9 Consumer Organisations and 3 NGOs applied for registration. As on date 12 Consumer Organisations and 4 NGOs are registered with TRAI.The Authority felt that a more concerted effort was required to give effect to its links with the consumer Organisations/ NGOs.Accordingly a Consultation Paper titled Registration for NGOs and Consumer Organisations and their interaction with TRAI was released on 24-10-2000 with the following objectives :-
(i)Registration of consumer organizations/ NGOs with TRAI; and
(ii)To determine the mode of interaction and data sharing with TRAI by Consumer Organizations/ NGOs.
An Open House for discussions was held in Delhi on 31.10.2000. The written comments submitted by various organizations and comments received in Open House Discussions have been analyzed. The Authority has also taken account of a Registration Form that was provided by Consumer Organization working together on that form. Analysis of these comments reflect the following view points on various major issues thrown open for public consultation in TRAI consultation paper.
(A)Registration
(i)Majority of the opinion was that there is a need for registration of Consumer Organisations/ NGOs with TRAI.
(ii)The criteria for registration suggested in TRAI Consultation paper was considered adequate, some additional points regarding registration under MRTP Act, Bureau of Indian Standards were suggested. It also came out during discussions that Consumer Organizations should be non-profit and non-political. The minimum of three years of standing in the expertise in the areas of representing views of consumers were also suggested, for incorporation in registration criteria.
(iii)The Consumer Organizations volunteered that they will devise a format for registration from and that can be taken as a basis for initiating a registration process.
(B)Interaction with TRAI
The general opinion expressed during Open House discussions and in written comments is that all the Consumer Organizations/NGOs should be eligible for interaction with TRAI. They also expressed their desire that TRAI should periodically have a separate meeting with various registered Consumer Organizations/NGOs for a better understanding of consumer problems. These meetings were proposed to be held in different parts of the country so that the local and regional organizations can also express their views to TRAI. In such meetings the basis for tariff setting and all other such issues, which has direct bearing on consumers, may also be discussed. There was a request that TRAI should appoint a Nodal Officer who shall interact with Consumer Organizations/ NGOs on sustained basis.
(C)Mode of Data Sharing
Mode of Data Most of the Organizations felt that TRAI may continue to share the information and data with them through various Consultation Papers, Web based information, through e-mail and letters. The periodical meetings with Consumer Organization/NGOs, as proposed above, will further strengthen the mode of data sharing.