Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Telecom Regulatory Authority Of India - Section

Section 2 in Telecommunication Tariff Order, 1999

2. Definitions.

- In this order, unless the context otherwise requires :
(a)"Act" means the Telecom Regulatory Authority Act of India, 1997;
(b)"Authority" means the Telecom Regulatory Authority of India;
(ba)[ "average variable cost" means total variable cost divided by total output during the relevant period;] [Inserted by Act No. 1 of 2018, dated 16.2.2018.]
(c)"Basic" Telecommunication Services" mean services derived from Public Switched Telephone Network (PSTN);
(d)"Ceiling(s)" mean(s) the upper limits(s) for tariff for telecommunication services as specified by the Authority from time to time;
(da)[ "Combo Voucher" means a paper voucher or electronic voucher which on activation alters one or more items, for a period not exceeding ninety days, in the tariff plan of the consumer and adds monetary value to the prepaid account of the subscriber.] [Inserted by Act No. 3 of 2013, dated 17.6.2013.]
(e)"Domestic Long-distance Telecommunication Service" means the telecommunication services required to connect one local area of a public telecommunication network to another within the territorial limits of India so as to allow for transmission of voice and non-voice signals across different geographical areas;
(f)"Floor" means the lower limit of a tariff for a telecommunication service as specified by the Authority from time to time below which such tariffs may not be offered;
(g)"Forbearance" denotes that the Authority has not, for the time being, notified any tariff for a particular telecommunication service and the service provider is free to fix any tariff for such service;
(h)"International Long Distance Telecommunication Service" means telecommunication services required to connect a local area of a public telecommunication network within India to a local area of a public telecommunication network in another country so as to allow for the transmission of voice and non-voice signals;
(i)"International Subscriber Dialing" means direct interconnection between an end user in India with another end user in another country by means of direct dialing through public networks;
(j)"Leased Circuits" mean telecommunication facilities leased to subscribers or service providers to provide for technology transparent transmission capacity between network termination points which the user can control as part of the leased circuit provision and which may also include systems allowing flexible use of leased circuit bandwidth;
(k)"Non-discrimination" means that service providers shall not, in the matter of application of tariffs, discriminate between subscribers of the same class and such classification of subscribers shall not be arbitrary;
(ka)[ "non-predation" means not indulging in predatory pricing by a service provider having significant market power; [Inserted by Act No. 1 of 2018, dated 16.2.2018.]
(kb)"predatory pricing" means the provision of a Distinct Telecommunication Service in the relevant market at a price which is below the average variable cost, with a view to reduce competition or eliminate the competitors in the relevant market, as determined by the Authority;]
[[(kc)] [Inserted by Act No. 2 of 2012, dated 20.4.2012.] "Premium Rate Service" or "PRS" means service for which charges are levied at rates higher than the rates applicable to the consumer as per his tariff plan.]
(l)[ "Reporting Requirement" means the obligation of a service provider to report to the Authority any new tariff for telecommunication services under this Order or any change therein, within seven working days from the date of its implementation for information and record of the Authority, after conducting a self-check to ensure that the tariff, including promotional tariff, is consistent with the regulatory principles which, inter-alia, include transparency, non-discrimination and non-predation.] [Substituted by Act No. 1 of 2018, dated 16.2.2018.]
(la)[ "relevant market" means the market which may be determined by the Authority with reference to the relevant product market for Distinct Telecommunication Service and the relevant geographical market; [Inserted by Act No. 1 of 2018, dated 16.2.2018.]
(lb)"relevant product market" means the market in respect of a Distinct Telecommunication Service for which the licensor grants license to the telecom service providers;
(lc)"relevant geographic market" means a market comprising the respective license service area for which the licensor grants license to the telecom service providers to provide Distinct Telecommunication Services.]
[***] [Deleted '(ld) and (le)' by Act No. 2 of 2018, dated 24.9.2018.]
(lf)[ "significant market power (SMP)" means a service provider holding a share of at least thirty per cent. of total activity in a relevant market; [Inserted by Act No. 1 of 2018, dated 16.2.2018.]
Explanation – Total activity shall be determined on the basis of either subscriber base or gross revenue.][[(lg)] [Inserted by Act No. 3 of 2015, dated 9.4.2015.] "Special Roaming Tariff Plan" or "SRTP" means a tariff plan in which, on payment of fixed charge, if any, the incoming voice call while on national roaming is free.]
(m)"Special Services" mean those support and other ancillary services like phonogram, directory enquiry, manual trunk service, assistance, emergency, services such as police, fire and ambulance provided by service providers through special interfaces located at the edge of the PSTN;
(ma)[ "Special Tariff Voucher" means a paper or electronic voucher, which on activation alters one or more items of applicable tariff in the consumer tariff plan for a period not exceeding ninety days in terms of limited or unlimited usage of voice calls, SMS or data but does not provide any monetary value.] [Inserted by Act No. 3 of 2013, dated 17.6.2013.]
(n)"Standard package" means a package of tariffs which inter alia comprises rental, call charges, free calls, deposits and other charges as may be determined by the Authority for specific telecommunication services from.time to time;
(nn)[ "Reference Tariff Package of the Service Provider" means a package of tariffs as determined by each cellular service provider which shall specify the Monthly Rental and Airtime Charge per minute in the same format as provided earlier in the standard tariff specified under the Telecommunication Tariff Order.] [Inserted by Act No. 7 of 2002, dated 6.9.2002.]
(o)"Subscriber" means an end user of telecommunication services;
(p)"Subscriber Trunk Dialing" means direct interconnection between two end users within India by means of direct dialing through public networks;
(q)"Supplementary Services" means services which are provided specific to a subscriber's directory number and controlled either by the subscriber or by the service provider such as automatic alarm call service, call waiting, call diversion on busy or no reply, and any other such service;
(r)"Tariff(s)" mean(s) rates and related conditions at which telecommunication services within India and outside India may be provided including rates and related conditions at which meassages shall be transmitted to any country outside India, deposits, installation fees, rentals, free calls, usage charges and any other related fees or service charge;
(ra)[ "Total cost" means the total cost with regard to telecom services, is the cost of provision of service including items such as employee cost, administrative cost, sales and marketing cost, maintenance cost, network operating cost, government charges, depreciation and amortization, finance charges and other cost attributable to the service during the referred period; [Inserted by Act No. 1 of 2018, dated 16.2.2018.]
(rb)"Total variable cost" means the total cost minus the fixed cost and share of fixed overheads, if any, during the relevant period.
(rc)"Transparency" means the disclosure of all relevant information of every tariff plan by the service provider which enables the consumer to make an informed choice. The disclosed information, inter alia, is to be accessible, accurate, comparable, complete, distinct and identifiable, explicit and non-misleading, simple and unambiguous.]
[[(rd)] [Inserted by Act No. 5 of 2013, dated 26.11.2013.] "USSD" or "Unstructured Supplementary Service Data" means a real-time or instant session-based messaging service;[[(re)] [Substituted by Act No. 1 of 2016, dated 22.11.2016.] "USSD-based mobile banking and payment services" means delivery of banking and payment services through mobile phones over USSD;
(rf)[] [Renumbered by Act No. 1 of 2018, dated 16.2.2018.] "USSD session for USSD-based mobile banking and payment services" means a session over USSD between the mobile subscriber and the bank or its agent or any entity authorized by the Reserve Bank of India for delivery of banking and payment services through mobile phones over USSD];]
(s)Words and expressions used in this Order and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.
Section IIITariffs For Telecommunication Services