M/S Mnp Inderconnection Telecom Solutions India Private Limited v. Telecom Regulatory Authority of India and Anr

PRATEEK JALAN, J

S. RAVINDRA BHAT, J MARCH 08, 2019 "pv/hkaur"

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 31.10.2018 Pronounced on: 08.03.2019 + W.P.(C) 1507/2018 & CM APPL.Nos.6169/18 & 25847/18 SYNIVERSE TECHNOLOGIES (INDIA) PVT. LTD. ..... Petitioner Through: Mr. C.S. Vaidyarathan, Sr. Adv. with Mr. Jafar Alam, Mr.Vishal Binod, Mr. Saahil Kaul & Mr.Anirudh Gupta, Advs. versus TELECOM REGULATORY AUTHORITY OF INDIA AND ANR. ..... Respondents Through: Mr.Arjan Natarajan, Adv. for R-1 Mr.Vinod Diwakar, CGSC with Mr.Kashish Bajaj, Adv. for R-2 + W.P.(C) 1508/2018 & CM APPL.Nos.6171/18 & 30120/18 M/S MNP INTERCONNECTION TELECOM SOLUTIONS INDIA PRIVATE LIMITED ..... Petitioner Through: Mr. Meet Malhotra, Sr. Advocate with Mr. Neerav Merchant, Ms. Ujjal Banerjee & Mr. Akash Khurana, Advs. versus TELECOM REGULATORY AUTHORITY OF INDIA AND ANR. ..... Respondents Through: Mr.Arjan Natarajan, Adv. for R-1 Mr.Vinod Diwakar, CGSC with Mr.Kashish Bajaj, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN MR.JUSTICE PRATEEK JALAN % 1. The petitioners in these two cases are Mobile Number Portability [hereinafter referred to as "MNP"] service providers licensed under the Indian Telegraph Act, 1885. They have challenged the validity of the Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charge [Amendment] Regulations, 2018 [hereinafter referred to as "the impugned Amendment"] issued by the respondent Telecom Regulatory Authority of India [hereinafter referred to as "TRAI"]. The impugned Amendment seeks to amend Regulation 3 of the Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charge Regulations, 2009 [hereinafter referred to as "the PPTC Regulations"]. Background and Regulatory Provisions 2. "Porting" is the process by which mobile telephone subscribers may transfer their mobile connection from one telecom service provider [hereinafter referred to as "TSP"] to another. TRAI introduced MNP in India by issuing the MNP Regulations, which were notified on 23.09.2009. These Regulations were made under Section 36(1) read with sub-clauses (i), (iii) and (v) of Section 11(1)(b) of the Act. The MNP Regulations provided inter alia for the licensing of MNP service providers, such as the petitioners herein, who would be tasked with various functions enumerated thereunder. The PPTC Regulations were simultaneously issued inter alia to quantify the compensation payable to MNP service providers. 3. The following provisions of the MNP Regulations (as amended by Amendment Regulations of 2012, 2013 and 2015) are relevant for the purposes of these petitions:- "2. Definitions.- In these regulations, unless the context otherwise requires,- xxxx xxxx xxxx (e) "Donor Operator" means a Cellular Mobile Telecom Service provider or Unified Access Service provider, to whose network the mobile number belongs at the time the subscriber makes a request for porting; xxxx xxxx xxxx (i) "Mobile Number Portability" means the facility which allows a subscriber to retain his mobile telephone number when he moves from one Access Provider to another irrespective of the mobile technology or from one cellular mobile technology to another of the same Access Provider; (j) "Mobile Number Portability Service provider" means an entity who has been granted a license under Section 4 of the Indian Telegraph Act, 1885 (13 of 1885) for providing Mobile Number Portability Service; xxxx xxxx xxxx (n) "Per Port Transaction charge" means the charge payable by the Recipient Operator to the Mobile Number Portability Service provider for processing the porting request in respect of a mobile number; (o) "porting" means the process of moving, by a subscriber, of his mobile number or numbers, as the case may be, from one Access Provider to another Access Provider or from one mobile technology to another of the same or any other Access Provider; (p) "porting charge" means such charge as may be levied by a Recipient Operator from a subscriber fo