CHAPTER VPOWERS, DUTIES AND FUNCTIONS OF THE COMMISSION
Powers duties and functions of the Commission.
18. (1) It shall be the duty of the Commission to facilitate and regulate all.matters relating to.carriage and content of communications.(2) Without prejudice to the generality of the provisions contained in subsection (1), the.Commission shall-
(i) Carry out management, planning and monitoring of the spectrum for non-strategic/ commercial usages subject to the provision of section 24A;
(ii) grant licenses for purposes of the Act, and determine and enforce license conditions and determine fees (including fees for usage of spectrum) wherever required;
(iii) determine appropriate tariffs and rates for licensed services, wherever considered necessary and keeping in view the objectives and guiding principles in the Act;
(iv) ensure that the grant of licenses will not result in eliminating competition or in one or more service providers becoming dominant to the detriment of other service providers or consumers;
(v) promote competition and efficiency in the operation of communication services and network infrastructure facilities;
(vi) formulate and determine conditions for fair, equitable and nondiscriminatory access to a network infrastructure facility or network service such other related matters in respect thereof;
(vii) take measures to protect consumer interests and promote and enforce universal service obligations;
(viii) formulate and lay down programme and advertising codes in respect of content application services;
(ix) formulate and lay down commercial codes in respect of communication services and network infrastructure facilities;
(x) take steps to regulate or curtail the harmful and illegal content on the internet and other communication services;
(XI) formulate and lay down codes and technical standards and norms to ensure quality and interoperability of services and network infrastructure facilities (including equipment);
(xii) carry out any study and publish findings on matters of importance to the consumers, service providers and the communications industry;
(xiii) institutionalise appropriate mechanisms and interact on a continual basis with all sectors of industry and consumers, so as to facilitate and promote the basic objectives of the Act; to encourage self regulatory codes and standards;
(xiv) report and make recommendations on such matters as may be referred to it by the Central Government;
(xiv) report and make recommedations either suo moto or on such matters as may be referred to by the Central Government in the matter prescribed
(xv) perform all or any functions in furtherance of the objects of this Act, or such as may be prescribed.
(3) The commission shall ensure transferancy whilst exercising its powers and discharging its functions.Power to make recommendation in certain cases
19. The Commission may at any time make appropriate recommedations to the Central Government with regard to any particular pratice or practices that impinges upon or adversely affect the interest of the sovereignty and integrity of India, security of the state, friendly relations with foreign countries or State, public order, decency or morality.
Codes and Standards
20. The Commission shall by regulations from time to time specify programme codes and standards which may include inter alia practices -
(i) to ensure that nothing is contained in any programme which is prejudicial to the interests of the sovereignty and integrity of India, the security of State, friendly relations with foreign States, public order or which may constitute contempt of court, defamation or incitement to an offence.
(ii) to ensure fairness and impartiality in presentation of news and other programmes.
(iii) to ensure emphasis on promotion of Indian culture, values of national integration, religious and communal harmony, and a scientific temper.
(iv) to ensure in all programmes decency in portrayal of women, and restraint in portrayal of violence and sexual conduct;
(v) to enhance general standards of good taste, decency and morality.
(vi) to ensure avoidance of offence to religious views and belief; and
(vii) to be followed in connection with the prevention of unjust and unfair treatment in any programme, and unwarrented infringement of privacy in, or in connection with, obtaining of material included in such programme.
Hearing of complaints and resolution of disputes by the Commission21.
(1). The Commission shall -(a) decide any dispute or matter -
(i) between two or more service providers on issues relating to spectrum interference, interconnectivity, denial of fair access and practices restrictive of fair competition; and
(ii) between a service provider and a group of consumers.
(iii) arising out of enforcement of any provision of this Act;
(b) hear and determine any complaint from any person regarding contravention of the provisions the Act, rules, regulations or orders made thereunder including contraventions relating to any formulated codes and technical standards, and of other terms and conditions subject to which any license or registration was granted; and if necessary refer the matter for adjudication under Chapter X.(2) For purposes of sub section (1) the Commission shall pass such orders and issue such directions as it deems fit.
(3) The Commission shall endeavour to decide disputes and complaints referred to in sub-section (1) as expeditiously as possible"
Directives by the Central Government.
22 . (1) In exercising its licensing and regulatory functions the Commission.shall follow such policy directives as may be communicated to it in writing by the Central Government from time to time. Such directives may include the route and the mode in which any services are to be licensed, whether by way of auction or in any other form.
(2) In framing the policy directives the Central Government shall take into account the objectives and guiding principles governing the administration of the Act.
(3) The decision of the Central Government whether a question is one of policy or not shall be final.
(4) The Commission may request the Central Government by means of a written.communication for a review of any policy directive, and if any such request is made the Central Government will respond in writing to such request with all expeditious despatch.