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Draft   to   enact   procedure  
COMM.01   ---   Improving citizens' control over Telecom Regulators





 
Section   1   :   Preamble
  The Act is to create an administrative procedure, using which, citizens can improve control over Telecom regulation.

Section   2   : Appointments of senior officers and their main powers
2.1 [Person responsible for this procedure : PM] Within 2 days after passing this law, the PM will appoint a National Telecom Regulator to regulate telecomminication, including wireless communication, TV, radio and cable-TV for India. The PM will also appoint a Registrar per district, or he may ask an existing Registrar or officer such as Collector to take the responsibility of the Registrar under this Act.
2.2 The National Telecom Regulator will appoint a District Telecom Regulator in every district.

Section   3   : Procedures for citizens to replace National Telecom Regulators and District Telecom Regulators
3.1 [Person responsible for this procedure: Registrar] A citizen can present his ID and specify the serial numbers of (at most 5) candidates he approves for the position of National Telecom Regulator. The clerk will enter the requests in the systems and give the receipt to the citizen. The citizen to change his choices any day any month. The clerk may charge a fee of Rs 2 to Rs 5 to the citizen. Further, the citizen can withdraw his approvals any day. There will be no fee from withdrawing the approvals.
3.2 [Person responsible for this procedure : PM] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters of India, and his approval is 1% more than existing National Telecom Regulator, then PM will appoint him as new National Telecom Regulator within 2 days. The PM can remove a National Telecom Regulator ONLY if his approval is below 20% of ALL citizens.
3.3 The Registrar will also allow citizens to register/withdraw approvals of citizens for the position of District Telecom Regulator as described above. If over 25% of ALL citizen-voters approve a candidate, and his approval is 1% more than existing District Telecom Regulator, then National Telecom Regulators will appoint him as new District Telecom Regulator. The National Telecom Regulator can remove District Telecom Regulator ONLY if his approval goes below 20%.
3.4 [Person responsible for this procedure : Registrar ; Purpose:] Word "citizen" in the context of Approval, means citizen above 18 and registered voter.

Section   4   : Review by Grand Jurors and Jurors on disputes related to communication
4.1 [Person responsible for this procedure: District Telecom Regulator] The District Telecom Regulator will create a Grand Jury of 30 Grand Jurors, each having term of 3 months, using procedures similar to as described in "Jury System over Central Govt Employees" Act. (*)
4.2
  1. If a person resident in a district has complaint against a company who has obtained licence to provide telecom services in that District from National/District Telecom Regulators OR
  2. If District Telecom Regulator has complaint against a person of providing unauthorized telecom service or of violating rule made by National/District Telecom Regulator,
they may ask Grand Jurors to review the complaint.
4.3 If over 15 out of 30 Grand Jurors declare that complaint requires review by Jurors, the District Telecom Regulator will call a 12 Jurors to hear the arguments/evidences of complainer and accused. If 4 or more Jurors declare that complaint is void, the District Telecom Regulator will dismiss the complaint. Or else, each Juror will declare a fine amount that the accused should pay. The District Telecom Regulator will levy the fine approved by over 8 out of 12 Jurors.
4.4 If the National Telecom Regulator has complaint against a person of providing unauthorized telecom service or of violating rule made by National Telecom Regulator, or if a person wants appeal against verdict of District Telecom Regulator, then he may submit the complaint to National Telecom Regulator, who will select 5 Districts of India at random and ask the Grand Jurors to provide a hearing and verdict on the complaint, and decide the fine to be levied if any from the accused.
4.5 Upon recieving complaint from National Telecom Regulator, the Grand Jurors of may dismiss the complaint, or ask Jurors to review the complaint. If 4 or more Jurors declare that complaint is void, the District Telecom Regulator will ask the National Telecom Regulator to dismiss the complaint, Or else, each Juror will declare a fine amount that the accused should pay. The District Telecom Regulator will ask National Telecom Regulator to levy the fine approved by over 8 out of 12 Jurors. The National Telecom Regulator will levy the fine as approved by 3 or more Districts.
4.6
    If a person has complaint against a rule issued by District Telecom Regulator he may ask Grand Jurors to cancel the law.
4.7 If over 15 out of 30 Grand Jurors declare that demand to cancel the law requires review by Jurors, the District Telecom Regulator will call 24 Jurors to hear the arguments/evidences of complainer. If over 18 Jurors declare that rule is against the interest of citizens, the District Telecom Regulator will cancel the rule for good, or till it is approved by over 50% of the citizens.
4.8 If a person has complaint against a rule issued by National Telecom Regulator, he he may submit the complaint to National Telecom Regulator, who will select 5 Districts of India at random and ask the Grand Jurors to provide a hearing and verdict on the complaint, and decide the fine to be levied if any from the accused.
4.9 Upon recieving request to review a rule from the National Telecom Regulator, the Grand Jurors of may dismiss the complaint, or ask 24 Jurors to review the complaint. If 18 Jurors declare that rule is against the interest of citizens, the District Telecom Regulator will ask the National Telecom Regulator to cancel the law. If 3 or more Districts demand cancelling the law, the National Telecom Regulator will cancel the law.

Section   5   : Other Details
5.1 The rupee amount used in this text uses July-2000 price levels. The standing committee can adjust the amounts every six months using RBI’s Inflation Index.
5.2 If the officer does not execute a procedure or ignores an instruction stated in this Resolution/Act, a citizen can file a complaint before the Grand Jurors. In case there are is no Grand Jury, the citizens can appeal to the Mayor to setup a Grand Jury. But under this law, a citizen cannot complaint before Mayor, Corporators, CM, MLAs, PM, or MPs.
5.3 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


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( * - to see the draft of the proposal "Jury System over Central Govt Staff" Act, please click here. )