Section 3A in Standards of Quality of Service of Basic Telephone Service (Wireline) and Cellular Mobile Telephone Service Regulations, 2009
3A. [ Consequences for failure of basic service providers to meet the Quality of Service benchmarks. [Inserted by Notification No. F. No. 305-8/2012-QOS., dated 8.11.2012 (w.e.f. 20.3.2009).]
(1)If a basic telephone service provider fails to meet the Quality of Service benchmarks specified under sub-regulation (1) of regulation 3, it shall, without prejudice to the terms and conditions of its licence, or the Act or rules or regulations or orders made, or, directions issued, thereunder, be liable to pay an amount, by way of financial disincentive, not exceeding rupees fifty thousand per parameter, as the Authority may, by order, direct :Provided that no order for payment of any amount by way of financial disincentive shall be made by the Authority unless the basic telephone service provider has been given a reasonable opportunity of representing against the contravention of the regulation observed by the Authority.(2)If the compliance report furnished by a basic telephone service provider under sub-regulation (2) of regulation 3 is false and which such service provider knows or believes to be false or does not believe to be true, it shall, without prejudice to the terms and condition of its licence, or the Act or rules or regulations or orders made, or, directions issued thereunder, be liable to pay an amount, by way of financial disincentive, not exceeding rupees ten lakh per parameter for which such false report has been furnished, as the Authority may, by order, direct:Provided that no order for payment of any amount by way of financial disincentive shall be made by the Authority unless the basic telephone service provider has been given a reasonable opportunity of representing against the contravention of the regulation, observed by the Authority.(3)The amount payable by way of financial disincentive under these regulations shall be remitted to such head of account as may be specified by the Authority.]
