3G: TDSAT reserves order on jurisdiction issue

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) today reserved the judgement on the government plea that the sectoral tribunal has no jurisdiction to entertain petitions of operators challenging the government's directive to stop 3G roaming agreements.

After a day-long hearing, the TDSAT heard the submissions of the Department of Telecommunications (DoT) and five operators-- Bharti, Vodafone, Idea, Tatas and Aircel on the issue.

Meanwhile, the telecom tribunal expressed the opinion that operators would have to give copies of agreements on 3G roaming to the DoT. However, it did not pass any order in this regard. Operators insisted that DoT would have to furnish an undertaking for maintaining confidentiality of their pacts.

The TDSAT also gave a lifeline to private telecom operators by extending its interim order that restrained DoT from taking any coercive action against them. "Till further order, interim order of December 24 to continue," it said.

During the proceedings, Additional Solicitor General AS Chandiok, representing DoT, told the tribunal bench headed by Justice S B Sinha that TDSAT has no jurisdiction as it can only decide on a dispute between a licencee and licensor and the operators has no licence for 3G services.

"They must be a licence holder for 3G and if they do not have, then they fall out of your jurisdiction. They are asking for determination of contractual right, which is beyond jurisdiction," said Chandiok.

Referring to the recent Supreme Court judgment, he told TDSAT that "you [tribunal] have done so in 2006, on which the apex court had said no".

DoT further added that a licencee (operator) cannot challenge the licence terms.

However, it was opposed by a battery of counsels led by senior advocate Abhishek Manu Sighvi, appearing for one of the operators, said Section 14 of the TRAI Act gives the tribunal power to adjudicate on such dispute.

In a such a scenario, TDSAT would be wound up as large chunk of the petitions would go out of window, he said wondering where the operators would go for such grievances.

"3G roaming is a permitted activity. DoT stopped it by saying [it is] illegal. Now where should operators go, Supreme Court or to High Court," he said.

Moreover, on the PIL going before the Delhi High Court on the same issue, Singhvi said "the submission are identical" and could be a camouflaged petition by DoT.

Passing an order on December 24, the tribunal had directed the DoT not to take any coercive action against telecom operators.

A day prior to that the government had asked five telecom operators to stop their inter circle roaming on 3G bandwidth within 24 hours and it was challenged by Airtel, Vodafone, Idea, Aircel and Tata Tele before TDSAT.