SC admits Trai's plea, issues notice to service providers

Telecom Regulatory Authority of India (Trai) today challenged telecom tribunal TDSAT's ruling that slammed it for not following uniform procedure while recommending the subscriber-linked criteria for allocation of additional spectrum and asked the government to revise the rule appropriately.

A Bench headed by Justice Altamas Kabir admitted Trai's plea against GSM players' lobby COAI, the Department of Telecom, Bharti Airtel, Vodafone Essar, Reliance Communications, Tata Teleservices, Spice Communications, HFCL Infotel, Idea Cellular, BSNL, MTNL and Shyam Telelink.

TRAI's senior counsel K K Venugopal and Sanjay Kapur, while seeking a stay on the TDSAT order, said if adverse remarks were allowed to remain in the judgement, it can do irreparable harm and would have a serious impact on the goodwill and reputation of the authority.

The counsel said the Tribunal should have shown some restraint before passing strictures or adverse remarks against the statutory authority with regard to its statutory functions.

According to Trai, its recommendations were solely meant for consideration of the government and no service provider can challenge these recommendations before the Tribunal.

TDSAT had said Trai failed to exhibit the required degree of care and failed to observe the principle of transparency.

"It is expected of institutions like Trai to follow a uniform procedure while making its recommendations. It cannot choose the procedure to suit its convenience," the Tribunal had stated.