DoT has sought legal
opinion on whether to implement the split verdict of telecom tribunal
TDSAT on validity of mobile phone operators offering 3G services beyond
their licence areas under roaming pacts.
Immediately
after the verdict was given by TDSAT, a senior DoT official wrote to
Additional Solicitor General A S Chandhiok seeking his opinion on the
legal position with respect to applicability of the order of the
tribunal.
The
two members of the tribunal bench differed with each other. The split
verdict came on a petition filed by mobile phone companies challenging a
government order asking them to stop offering 3G services beyond their
licensed circles or zones under mutual roaming agreements.
The
two-member bench comprising Telecom Disputes Settlement and Appellate
Tribunal (TDSAT) Chairman Justice S B Sinha and Member P K Rastogi
differed in their findings.
While
Justice Sinha allowed operators' plea against the government's
directive to stop intra circle 3G roaming saying it was violating
natural justice, Justice Rastogi dismissed the petition saying they
cannot provide roaming.
The
Chairman was of view that DoT (Department of Telecom) had not followed
the proper procedure and operators were not given proper time to put
their views, but Rastogi dismissed the appeal saying that they can't
provide 3G services by having mere 2G licence.
The
spilt verdict left the Department of Telecom in a difficult position
and it wanted to know the legal position in respect of implementation of
1:1 order of TDSAT.
The
letter, written by Senior Deputy Director General (Access Services) A K
Mittal, also asked the Additional Solicitor General that if the order
of TDSAT was not applicable, could the DoT take action against the
service providers and was it "necessary or advisable to issue fresh show
cause notices?"
Several
telecom companies including Airtel, Vodafone, Idea, Aircel and Tata
Tele had filed petitions in the TDSAT challenging the 23rd December 2011 directive of DoT to scrap their intra-circle roaming pacts within 24 hours.
Under
the pact, telecom service providers had entered into mutual agreement
with each other to facilitate roaming facilities without bringing in DoT
in to the picture.
TDSAT
has a sanctioned strength of three judges including the Chairman.
However, due to retirement of its technical member, the tribunal now has
two judges which led to the split verdict.
Immediately
after the split verdict, the DoT also informed the Additional Solicitor
General that caveats were being filed in the Supreme Court and Delhi
High Court on the issue.
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