had initially arrived at the per port transaction charge by dividing the total costs of the MNP
service provider by the estimated number of porting subscribers over a period of five years. The two companies, however, contested this and said TRAI had, while lowering this fee to Rs 4, not considered their submissions.
“The cost analysis undertaken by TRAI was palpably flawed as it had not used the cost data of either of the MNP
service providers,” the companies had said, adding that the telecom regulator had also disregarded the cost of software licensing while revising the price downwards.
Holding that the decision making process involved in the process was not transparent, a two judge bench of Justice Prateek Jalan and Justice Ravindra Bhat said that TRAI should have made further consultations before revising the charges downwards.
“TRAI has not been able to explain satisfactorily the rationale for a consideration of this nature, which would obviously lead to a lack of coherence in the calculations made,” the two judge bench said.