DoT may challenge TDSAT order to reduce penalty on telcos

The Department of Telecommunications (DoT) may challenge the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) order that reduced the penalty imposed on five operators for failing to fully implement the directive to re-verify prepaid connections in Assam and North-East circles.

DoT has sought the legal opinion from government law officer before challenging the order in the high court, sources privy to the development said.

On February 6, 2012, sectoral tribunal TDSAT passed an interim order and asked five operators -- Dishnet Wireless, Vodafone, Bharti Airtel, Idea Cellular and Reliance Telecom-- to deposit one-fourth of amount of the penalty.

The tribunal's direction came on a bunch of petitions filed by operators along with GSM industry lobby group Cellular Operators Association of India (COAI) seeking stay on the penalty imposed by the DoT's Telecom Enforcement Resource and Monitoring (TERM) cell. The penalty varied from operator to operator.

COAI, in its petition, had said the government circular for re-verification of subscribers was prepared "without any application of mind" and "in a totally casual manner".

According to COAI, DoT has simply extended the guidelines of J&K service area to Assam and North East.

COAI had said that as per the circular issued last year by the DoT, certificates by Village Panchayat Head or an equivalent authority as well as caste and domicile certificates with photographs provided by state governments, were not treated as ID proof.

Moreover, Voters Identity Cards issued before 2008 were also kept outside the list, it had said.