Central Information Commission
Kshitij Dutta vs Telecom Regulatory Authority Of India on 28 March, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/TRAOI/A/2024/607926
Shri Kshitij Dutta ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Telecom Regulatory Authority of India
Date of Hearing : 26.03.2025
Date of Decision : 26.03.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 28.11.2023
PIO replied on : 19.12.2023
First Appeal filed on : 04.01.2024
First Appellate Order on : 23.01.2024
2 Appeal/complaint received on
nd : 23.02.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 28.11.2023 seeking information on following points:-
i "Details of information required Details of interconnection register of interconnection and action in case MSO is providing signal to LCO without entering into written interconnection as per The Telecom Regulatory Authority of India Act 1997 Act No 24 of 1997 Telecommunication Broadcasting and cable services interconnection Digital Addressable Cable Television systems Regulations 2012 and others ii Period for which information asked for 30 April 2012 till date iii Other details information in any form as prescribed under Section 2 f RTI Act 2005 4 Format in which information is required a List of officers designated State wise UT wise and district wise to maintain register of inter connect agreements and of all such other matters as may be provided in the regulations throughout the country b Copy of instructions issued State wise UT wise and district wise to maintain register of inter connect agreements c Prescribed format in which register needs to be maintained d Details of register maintained under clause vii State wise UT wise and district wise Page 1 e Complete process and prescribed fee for inspection to any member of public on payment of such fee and compliance of such other requirement as may be provided in the regulations f Certified copy of sub regulation 20 of regulation 5 of the said regulations required that MSO shall handover a copy of the interconnection agreement signed by the MSO LCO to the respective LCO within 15 days and obtain an acknowledgement thereof g Action as per provisions of TRAI Act in case MSOs are alluring LCOs to provide signal without entering into written interconnection h Copy of action taken in case MSO were providing signals to LCO signal without entering into written interconnection."
The CPIO, Telecom Regulatory Authority of India vide letter dated 19.12.2023 replied as under:-
"a, b, d & i :-The information sought vide these points of your RTI application is not available in TRAI.
c & e :-The Telecommunication (Broadcasting and Cable) Services register of Interconnection Agreements and all such other matters Regulation 2019 (2) of 2019) dated 04-09-2019. f :-No information has been sought by you vide this point of your above mentioned RTI application g & h :-No such cases have been received."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 04.01.2024. The FAA vide order dated 23.01.2024 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated Nil has ben received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
"..At the outset, it is to submit that TRAI is a statutory body established under sub-section (1) of Section 3 of the Telecom Regulatory Authority of India Act, 1997. The functions of the Authority are set out in Section 11 of the said Act. Section 11(1)(a) sets out the recommendatory functions while Section 11(1)(b) sets out regulatory functions.
e) Section 11(1)(b)(vii) and (viii) of the TRAI Act, 1997 states that
(vii) maintain register of interconnect agreements and of all such other matters as may be provided in the Regulations, '(viii) keep register maintained under clause (vii) open for inspection to any member of public on payment of such fee and compliance of such other requirement as may be provided in the regulations;".
f) In pursuance of the above provisions, TRAI issued following regulations:
(1) 'The Telecommunication (Broadcasting and Cable Services) Interconnection Regulations, 2012. (Digital Addressable Cable Television Systems) Page 2
(ii) 'The Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 (This regulation repeals the above regulation of 2012).
(iii) 'The Telecommunications (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other Matters Regulations, 2019.
g) The Sub-regulation 17 and 18 of regulation 5 of 'The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations, 2012' provided as below:
'(17) It shall be mandatory for the multi system operator to reduce the terms and conditions of the interconnection agreements into writing, '(18) No multi system operator, shall make available signals of TV channels to any linked local cable operator without entering into written interconnection agreement
h) However, it came to notice of TRAI that some MSOs are alluring LCOs to provide signal without entering into written interconnection agreement. Accordingly, a letter was issued vide File No. 17-
8/2016-B&CS dated 17.08.2016 addressed to all registered (permanent/provisional) MSOs for compliance of the said regulations.
It is further submitted that 'The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations, 2012' has been repealed by 'The Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017. Subsequently, 'The Telecommunications (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other Matters Regulations, 2019' was issued, which includes the procedure for maintenance of register of interconnect and provision for inspection of the register along with levy of fee and other charges. The Schedule-V of the said regulation provides for the details of agreement with local cable operators and a format for such details.
k) Further, it is submitted that the Register of Interconnection Agreement is maintained centrally by TRAI on an online system, namely, B&CS Integrated Portal System (BIPS) and not separately for state/UT wise and district wise. Since, the register is maintained online through BIPS, there is no designated officer to maintain state wise/ UT wise and district wise register of interconnection agreements, as sought by the applicant and accordingly no such list of officers exists. Also, no instructions are in place for maintenance of State wise/UT wise and district wise register of interconnect agreement.
Further, the as per the provisions of the TRAI Act, 1997, Section 30 read in conjunction with Section 34 provides for offences by the companies under the TRAI Act and cognizance of offence based on the complaint filed by the Authority before the Competent Court. However, no such cases have been filed by TRAI till date.
Page 3
m) The applicant Shri Kshitij Dutta had enclosed a copy of a letter File No. 17-8/2016-B&CS dated 17.08.2016 and perhaps wanted to get a certified copy of the said file under his RTI application. The said file was weeded out on 31.10.2022 and did not exist on the date of RTI application.
2. Disposal of the RTI Application by CPIO:
(a) The applicant had sought 'List of the officers designated State wise/ UT wise to maintain register of interconnect agreements and of all such other maffers as may be provided in the regulations throughout the country."
As mentioned in para 1(k) above, such list did not exist. Hence the CPIO had replied that 'No such information is available. 'vide letter dated 19.12.2023.
(b) The applicant had sought "Copy of instructions issued State wise/UT wise and district wise to maintain register of interconnect agreements.
As mentioned in para 1(k) above, such list did not exist. Hence the CPIO had replied that 'No such information is available, 'vide letter dated 19.12.2023.
(c) The applicant had sought 'Prescribed format in which register needs to be maintained.
As mentioned in para 1(j) above, The Telecommunications (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other Matters Regulations, 2019' provides for the details of agreement with local cable operators and a format for such details. Regulations, 2019 provides for the process, prescribed fee for inspection. Hence the CPIO had replied to the applicant stating the name of the regulation 'The Telecommunication (Broadcasting and Cable) Services register of Interconnection Agreements and all such other matters Regulation 2019 (2 of 2019) dated 04-09-2019.' vide letter dated 19.12.2023.
(f) The applicant had sought 'Certified copy of sub-regulation 20 of regulation 5 of the said regulations required that MSO shall handover a copy of the interconnection agreement signed by the MSO & LCO to the respective LCO within 15 days and obtain an acknowledgement thereof.
It is submitted that, the requested information pertains to 'The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations, 2012. However, the said regulation has been repealed by The Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017. Copy of the said regulations are available on the TRAI's website in public domain..."
Facts emerging in Course of Hearing:
Appellant: Present through video-conference Respondent: Mr. S.K. Dutta. Jt. Advisor/CPIO and Mr. Abhishek Singh, Jt. Advisor- participated in the hearing.
Page 4 The Appellant stated that the relevant information has not been furnished to him till date. He stated that the CPIO has denied the request for information with a malafide intent. He averred that in the instant RTI Application he has sought details of interconnection register of interconnection and action in case Multi system operator is providing signal to Local cable operator without entering into written interconnection as per The Telecom Regulatory Authority of India Act 1997 Act No 24 of 1997 Telecommunication Broadcasting and cable services interconnection Digital Addressable Cable Television systems Regulations 2012 and others.
The Respondent submitted that the Register of Interconnection Agreement is maintained centrally by TRAI on an online system, namely, B&CS Integrated Portal System (BIPS) and not separately for state/UT wise and district wise. Since, the register is maintained online through BIPS, there is no designated officer to maintain state wise/ UT wise and district wise register of interconnection agreements, as sought by the applicant and accordingly no such list of officers exists. Furthermore, no instructions are in place for maintenance of State wise/UT wise and district wise register of interconnect agreement.
Decision:
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Commission is of the considered opinion that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly furnished to the Appellant, in terms of provisions of the Act. The Commission is in agreement with argument placed forth by the Respondent, particularly the exhaustive written submission.
Considering the fact that the written submission filed by the Respondent is comprehensive and self explanatory, but has not been sent to the Appellant, it is directed that a copy of the same should be sent to the Appellant within two weeks of receipt of this order. The Respondent shall submit a compliance report before the Commission in this regard. The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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