SC admits cell firms' plea against WLL

The Supreme Court admitted the petition submitted by the Cellular Operators' Association of India (COAI) challenging the telecom disputes tribunal's verdict allowing basic operators to offer wireless-in-local-loop (WLL) limited mobility services.

A three-member Bench comprising Justice S Rajendra Babu, Justice A R Lakshmanan and Justice G P Mathur also issued a notice to the government on the COAI's petition seeking an interim stay on limited mobility services. The hearing on the demand for a stay on WLL services will be notified soon.

Today's order means that the controversy over WLL limited mobility goes into another legal loop. The COAI had challenged the August 8 decision of the telecom disputes tribunal giving a go-ahead to WLL services. The decision was, however, dissented by the tribunal chairman, Justice Wadhwa.

COAI Director-General T V Ramachandran said, "We are happy with the apex court's decision to admit our appeal. We are sure that the stand taken by the cellular firms will be vindicated."

The COAI petition said Justice Wadhwa's view was the first definitive pronouncement in relation to the rights of a licencee and the obligation of a licensor, and had raised important questions on whether the government as a licensor could unilaterally and arbitrarily alter the basic and fundamental terms of the licence agreement.

S C Khanna, secretary-general, Association of Basic telecom Operators, said, "The Supreme Court's decision not to grant any stay on the tribunal's order is to be welcomed because it will increase teledensity and encourage subscribers to adopt the latest technologies offered by basic operators. This means that subscribers of limited mobility services all over the country, including those of Reliance and Tata, can continue to avail of world-class telecom facilities without any interruption."