( 1 ) TWO vital questions have been raised in these appeals; one pertaining to the powers of the Government to grant or revoke licence vis-a-vis the extent and ambit of the powers and functions of the Telecom Regulatory Authority of India (in short the TRAI) constituted under the Telecom Regulatory Authority of India Act,1997 (hereinafter called the TRAI Act,1997) and secondly; Whether the Mahanagar Telephone Nigam Limited (in short the MTNL) is an existing service provider?

( 2 ) TO appreciate the questions posed and to afford a satisfactory answer to the rival contentions, it would be convenient to set out broadly the scope, purpose, object and reason of the passing of the TRAI Act,1997 as well as the relevant provisions of the Indian Telegraph Act,1885.

( 3 ) MAJOR activities in the establishment of telecommunication system began to develop in India, accordingly, Government of India introduced National Telecom Policy,1994 envisaging telecommunication for all and within the reach of all. Other objective was to achieve unilateral service and quality of telecom service to be of world standard, removal of consumer complaints, dispute realisation and public interface et