1. Status of Dispute Settlement Mechanism in Telecom and Broadcasting Sectors in India 25 th November 2006 Asim Abbas, Vice President (legal), Bharti Airtel Ltd

2. Agenda Rationality of TDSAT: Why TDSAT? Managing Expectations Conflicting Management: Maintaining a Balance Status of Dispute Settlement Mechanism

3. Rationality of TDSAT: WHY TDSAT? Creation of sector specific regulatory mechanism –Insulation of regulatory mechanism from political system –Regulatory authorities and adjudicating mechanism: Electricity & Telecom sectors Regulatory (TRAI) Accountability Specialized adjudicatory body –Competent to deal with techno-commercial issues Facilitate speedy disposal of cases –Times lines specified in the Act and the appeal lies in the SC

4. Managing Expectations Dealing with Complexity - Pace of change: market, technology, commercial and policy Market Asymmetries - Existing Vs new entrants - Infrastructure sharing Impact on Sectoral Growth - Predictability, consistency & Investor confidence Legal Issues - Maintaining level playing field - Unjust enrichment

5. Conflict Management: Maintaining a Balance Service Providers Collaboration Short Term Transparency Command & Control Consumers Interest Competition Long Term Trade Secrecy Market Forces

6. Status of Dispute Settlements Mechanism Credibility and Confidence Competence and expertise in techno-legal issues Some legal principles established –Level playing field –Transparency –Scope of Arbitration Clarity in the roles –TRAI & TDSAT –Sanctity of contract: equitable & negotiated contracts Repository of telecom domain knowledge Quick disposal of cases: scope for improvement

7. Thank you