Tata Tele spat: BSNL pegs Gujarat loss at Rs 80 lakh

State-owned Bharat Sanchar Nigam (BSNL) says it lost Rs 80 lakh in Gujarat owing to Tata Teleservices' (TTSL) violation of Telecom Regulatory Authority of India (Trai) guidelines.

BSNL says TTSL used the znumbering level 55, 56 and 57, which are marked for WLL (wireless in local loop) services. "TTSL uses the fixed numbering level to provide WLL telephone services, in complete violation of Trai guidelines. We lost revenue of Rs 80 lakh as there is a different pulse rate for fixed line and WLL services," D K Agrawal, principal general manager, BSNL, Gujarat circle, said.

BSNL says TTSL was thus enjoying the benefits of a fixed line service operator even as it was offering services called 'Walky', which was essentially a limited mobile service.

Asked what initial actions BSNL had taken, Agrawal said: "BSNL has decided to treat all calls to level 55, 56 and 57 of TTSL as limited mobile and a 45-seconds pulse rate is applicable as per a unified access service provider, limited and fully mobile with immediate effect."

According to BSNL, the language of the TTSL advertisement and brochures goes: 'Tata Indicom Walky combines the best features of the mobile phones and the landline. It gives you features like freedom of mobility, caller line identifications, short messaging service, phone book and missed call details, while retaining the extremely low tariffs of a landline'.

As the interconnect usage charges (IUC) applicable for limited mobile services are different from fixed line wireless services, there appears to be an attempt by TTSL to evade the IUC charges, including access deficit charges (ADC), payable to BSNL for limited mobile services by providing limited mobile services in the disguise of fixed services.

The BSNL called upon TTSL to immediately pay the entire amount of IUC as per clause 6.4.9 of the interconnect agreement for all its calls of limited mobile service through its Walky scheme handed-over to BSNL on the BSNL trunk groups meant for fixed line traffic for the period of last two months, i.e. from November 14, 2004 to January 13, 2005.

Thus, the difference of the IUC charges, including the ADC in this regard should be paid by TTSL immediately. The ADC paid by BSNL to TTSL for the calls originated by limited mobile and cellular/fully mobile subscribers of BSNL and terminated on the numbering levels of Walky should be refunded to BSNL.

Further, the traffic information of the inter circle STD calls originated from/received in the numbering levels of Walky and terminated in / originated from the network of other limited mobile and fully mobile service providers and the incoming and outgoing ILD calls to / from the numbering levels of Walky are to be given to the respective BSNL circle offices for billing of ADC payable to BSNL for such calls.

TTSL was also called upon to immediately stop the operation of its Walky service using numbering levels of fixed services without paying the IUC charges including ADC, which is applicable for limited mobile services, as the same is contrary to the license conditions, IUC regulations and also to the agreed terms and conditions of the interconnection agreement.

It is also understood that the details of the amount to be paid by TTSL to BSNL should also be furnished enabling BSNL to confirm and verify the correctness thereof in terms of the Interconnection agreement.

On the other hand, Ajay Pandey, president, regulatory affairs, TTSL, said: "In our opinion, we did not violate any TRAI guidelines as per the claims made by BSNL." Telecom Dispute Settlement and Appellate Tribunal is going to give final judgment on Monday as now it becomes a nationwide issue, Pandey added.