New Delhi: Telecom Regulatory Authority of India's former Chairman Nripendra Misra on Wednesday told a Delhi court hearing the 2G spectrum case that though TRAI is a statutory body, constituted to regulate telecom sector and services, the final decisions rest with government.

Deposing as a prosecution witness before Special CBI Judge O P Saini, Misra explained to him the functioning of TRAI and gave an instance when the Centre has sought its opinion on telecom services.

Misra said there are three situations of exchange of opinion between the government and TRAI on subjects related to the telecom service and sector.

"The first is that the department may send a reference seeking recommendation of TRAI. The second is where TRAI can give suo motu recommendations on some subjects mentioned under section 11 of the TRAI Act and the third is where it is mandatory for government to seek TRAI recommendations and, in case of any difference, make a second reference to TRAI," he said.