Disputes keep TDSAT line busy

It was a busy day for the judges at the Telecom Dispute Settlement and Appellate Tribunal (TDSAT). First, there was Bharti and Internet service providers (ISPs) challenging the department of telecommunications' (DoT's) decisions.

Alongside this, the tribunal was hearing Reliance Infocomm's arguments in its dispute against the Rs 150 crore penalty imposed by the government for allegedly routing international calls as local.

Bharti approached the TDSAT seeking a refund of Rs 135 crore which it had paid as entry fee for acquiring basic telephony licences.

The fees had been paid earlier but additional payment was made later to migrate to the unified access service licence regime. The DoT has sought the law department's opinion on the matter.

In case of the ISPs challenging the government's move to amend the license for providing virtual private network (VPN) services, the TDSAT directed the DoT to file a reply within two days and fixed February 11 for the next hearing.

Infocomm argued it had not violated the licence agreement by terminating international calls as local calls. Its counsel, Harish Salve, told the tribunal that the usage of home country direct service by the company was recognised by the International Telecommunications Union.

"Even as we have placed our reply before you, (Communications) Minister Dayanidhi Maran has told the media the government can cancel the license. It is the Telecom Regulatory Authority of India, which can recommend the cancellation if a licencee violates the agreement. Infocomm is a company with international dimensions. The government cannot make such statements," Salve said. Further hearings in the case are scheduled till February 11.