SC asks TDSAT to decide WLL issue afresh
PTI [ TUESDAY, DECEMBER 17, 2002 01:38:19 PM ]
NEW DELHI: Setting aside a verdict of the Telecom Appellate Tribunal allowing basic operators to provide limited mobile services, the Supreme Court on Tuesday asked it to re-examine the issue while refusing to stay the expansion of the new service.
Allowing petitions filed by cellular operators against an order upholding the Centre's decision to allow basic operators to provide mobility service on wireless in local loop (WLL-M), the apex Court asked TDSAT to adjudicate the issue afresh, especially keeping in mind the grievance of the petitioners on absence of level playing field.
However, the three judge Bench of Chief Justice G B Pattanaik, Justice H K Sema and Justice S B Sinha rejected the plea of cellular operators to restrain the basic operators from enrolling new subscribers for the WLL-M.
"We do not accept the contention of cellular operators to restrain fixed service providers from taking new subscribers on WLL-M as it will be detrimental to the consumers' interest," the Bench said.
The court, however, said the issue of allowing basic service providers to provide WLL-M will be subject to the final outcome of the verdict of the TDSAT.
While asking the Tribunal to consider the matter afresh, the Bench asked it to also keep in mind the recommendations of expert bodies like the Telecom Regulatory Authority of India (TRAI) and Group of Ministers on Telecom and IT (GOT-IT), which was specifically set up by the Prime Minister.
Delivering the judgement on behalf of the Bench, the Chief Justice said the TDSAT committed an error by saying that it had only supervisory jurisdiction and deciding the important issue in a bald manner without going into the intricacies of the dispute.
Holding that TDSAT had got wide powers and jurisdiction, Justice Pattanaik said the Tribunal's earlier order was vitiated by non- consideration of material, especially the contention of the cellular operators that they did not have the level playing field.
The bald conclusion of the Tribunal that the cellular operators have been adequately compensated through different schemes could not be held to be a proper conclusion, the three-judge Bench said while setting aside the earlier verdict of the Tribunal.
Discussing the need for the Tribunal, the Supreme Court said it was necessitated to bar the jurisdiction of the civil courts from entertaining disputes relating to telecom.
"It has wide powers and there is no provision to limit TDSAT's jurisdiction to hear disputes between licencee, licensor and the service providers," Justice Pattanaik said.
economictimes.indiatimes.com
==========
The Supremes wash their hands.
TDSAT has already made it clear where its sympathies lie. |
