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Union of India - Section

Section 5A in Standards of Quality of Service of Basic Telephone Service (Wireline) and Cellular Mobile Telephone Service Regulations, 2009

5A. [ Consequences for failure of cellular mobile telephone 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 cellular mobile telephone service provider fails to meet the benchmark of parameter specified under serial number A of sub-regulation (1) of regulation (5), [other than the DCR related parameters i.e. Network_QSD (90,90) and Network_QTD(97,90);] 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 and in case of second or subsequent such contravention, to pay an amount not exceeding rupees one lakh per parameter for each contravention, 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 cellular mobile telephone service provider has been given a reasonable opportunity of representing against the contravention of the regulation observed by the Authority.
(1a)[ If a cellular mobile telephone service provider fails to meet the benchmark for the parameter ‘Network_QSD(90,90)’, specified under sub-regulation (1) of regulation (5), it shall without prejudice to the terms and conditions of its license, 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, as given in the table below, for the contravention, reported by the service provider in its quarterly report:
Value of Network_QSD(90,90) in quarterly report Amount of Financial Disincentives in rupees
More than 2% but not exceeding 4% not exceeding One lakh
More than 4% but not exceeding 6% not exceeding Two lakhs
More than 6% but not exceeding 8% not exceeding Three lakhs
More than 8% but not exceeding 10% not exceeding Four lakhs
More than 10% not exceeding Five lakhs
Provided that if the service provider fails to meet the benchmark consecutively in two or more subsequent quarters, he shall be liable to pay, by way of financial disincentive, an amount not exceeding one and half times of financial disincentive payable, for the consecutive contravention and not exceeding twice the financial disincentive liable to be paid as specified in the table above for each consecutive contravention occurring thereafter:Provided also that no order for payment of any amount by way of financial disincentive shall be made by the Authority unless the cellular mobile telephone service provider has been given a reasonable opportunity by representing against the contravention of the regulation observed by the Authority.
(1b)If a cellular mobile telephone service provider fails to meet the benchmark for the parameter ‘Network_QTD(97,90)’, specified under sub-regulation (1) of regulation (5), it shall without prejudice to the terms and conditions of its license, or the Act or rules or regulations or orders made, or directions issued there under, be liable to pay an amount, by way of financial disincentive, as given in the table below, for the first contravention, reported by the service provider in its quarterly report:
Value of Network_QTD(97,90) in quarterly report Amount of Financial Disincentives in rupees
More than 3% but not exceeding 5% not exceeding One lakh
More than 5% but not exceeding 7% not exceeding Two lakhs
More than 7% but not exceeding 9% not exceeding Three lakhs
More than 9% but not exceeding 11% not exceeding Four lakhs
More than 11% not exceeding Five lakhs
Provided that if the service provider fails to meet the benchmark consecutively in two or more subsequent quarters, he shall be liable to pay, by way of financial disincentive, an amount not exceeding one and half times of financial disincentive payable, for the consecutive contravention and not exceeding twice the financial disincentive, liable to be paid as specified in the table above, for each consecutive contravention occurring thereafter:Provided also that no order for payment of any amount by way of financial disincentive shall be made bythe Authority unless the cellular mobile telephone service provider has been given a reasonable opportunityby representing against the contravention of the regulation observed by the Authority.
(1c)The total amount payable as financial disincentives, under sub-regulation (1a) and (1b), shall not exceed rupees ten lakhs, in a quarter.
(1d)The Authority may, impose a lower amount of financial disincentive than the amount of financial disincentive payable as per the provisions in sub-regulation (1a) or (1b) or (1c), as the case may be; where it finds merit in the reasons furnished by the service providers:Provided that the decision of the Authority in such circumstances shall be final and binding on the service providers.] [Inserted by Notification No. F. No. 304-2/2016-QoS., dated 18.8.2017 (w.e.f. 20.3.2009).]
(2)If a cellular mobile telephone service provider fails to meet the benchmark of parameter specified under serial number B of sub-regulation (1) of regulation (5), 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 cellular mobile telephone service provider has been given a reasonable opportunity of representing against the contravention of the regulation observed by the Authority.
(3)If the compliance report furnished by a cellular mobile telephone service provider under sub-regulations (2) of regulation 5 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 conditions of its license, 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 cellular mobile telephone service provider has been given a reasonable opportunity of representing against the contravention of the regulation observed by the Authority.
(4)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.]