S Tel questions TDSAT jurisdiction, too

A day after Etisalat questioned jurisdiction of TDSAT to decide its case against Reliance Infratel (RInfra), another telecom operator S Tel today said the sectoral tribunal cannot give a verdict on its dispute with the telecom infrastructure provider.

Advocate Dayan Krishnan, appearing on behalf of Chennai-based operator S Tel, submitted that as RIfnra was not a licencee and within the definition assigned under the Trai Act, TDSAT has no jurisdiction to rule on the matter.

Yesterday, Etisalat has also submitted that as per the Trai Act, the telecom tribunal can not exercise its jurisdiction or adjudicate disputes between parties who are not a service provider. It had said the telecom tribunal has erroneously admitted RInfra's plea.

According to Etisalat DB, jurisdiction for such a petition lies with a civil court and not with TDSAT.

However, senior advocate Ramji Srinivasan appearing for the RInfra, submitted that the TDSAT has the jurisdiction over the matter by virtue of IP-1 registration. This means it was working as an operator and the tribunal could decide on a dispute between the operators.

RInfra also said IP-1 had made it a service provider and it can provide services. The company would continue its submission tomorrow.

IP-I registration is for infrastructure providing firm for leasing assets such as Dark Fibre, Right of Way, Duct space and Tower etc.

Both Etisalat DB and S-Tel had entered into an agreement with the RInfra for sharing telecom infrastructure on a 10-year lease in 2009.

However, following the recent Supreme Court decision cancelling the licences of S Tel and Etisalat along with other new entrants, RInfra moved the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for recovery of its alleged dues.

S-Tel had got spectrum for six circles. Bahrain Telecommunications, which held stake in S Tel, has decided to quit the joint venture following the apex court verdict.