Cell firms take war to court again

The telecom mess is back to square one with the cellular operators today moving the Supreme Court against the Telecom Disputes Settlement Appellate Tribunal's August 8 order, which allowed basic operators to continue offering limited mobility services.

This is the second time the cellular operators have filed an appeal in the Supreme Court on the issue.

The move comes even as the group of ministers on telecom, headed by Finance Minister Jaswant Singh, is scheduled to meet on October 30 to discuss the Telecom Regulatory Authority of India's recommendations on wireless-in-local-loop (WLL) limited mobility and unified licensing.

The Association of Basic Telecom Operators (ABTO) had earlier moved the apex court against the tribunal's order on levying an entry fee on WLL limited mobility services.

The judicial route taken by the warring factions has queered the pitch for the group of ministers, which could defer a decision till the Supreme Court gives a verdict.

"The appeal seeks to uphold the tribunal chairman's judgment, which stated that WLL services were illegal and the government's decision to permit limited mobility was motivated by extraneous considerations to confer undue benefits on fixed-line operators," said a statement issued by the Cellular Operators Association of India (COAI). The tribunal had given a two-to-one verdict in favour of WLL services, with the chairman dissenting.

COAI Director-General T V Ramachandran said the cellular industry reposed full faith in the government and the regulator, and tried in vain for nearly three months to sort the matter through dialogue.

"However, till date, no authority has shown any inclination to limit WLL services within the short-distance charging area (SDCA) as mandated by the tribunal. Large WLL operators are offering full-fledged mobile services with impunity," Ramachandran said.

The COAI said the move was also a counter-action to the ABTO's appeal in the Supreme Court against the tribunal's judgment.

"The cellular industry has maintained that allowing WLL limited mobility is a violation of telecom policy, a breach of the rights of cellular operators, and a violation of the Trai Act. It is motivated to provide fixed-line operators a free backdoor entry into mobile services, on more advantageous terms and conditions," it said.

The telecom mess

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January 2001: COAI moves TDSAT against WLL mobility

March 2002: TDSAT rejects COAI's petition, allows WLL mobility

May 2002: COAI moves the Supreme Court against the TDSAT order

December 2002: SC refers WLL mobility back to TDSAT for review

February 2003: COAI moves a separate appeal in TDSAT against roaming and SMS being offered by WLL operators

August 2003: TDSAT rejects COAI's petition again, allows WLL mobility but suggests entry fee

October 2003: ABTO moves SC against TDSAT's order on entry fee