Dot Keeps Options Open On Appeal Trai Order

The department of telecommunications (DoT) is keeping its options open on challenging in the Delhi high court the ruling of the Telecom Regulatory Authority of India (TRAI) which quashed the increase in rates for fixed-to-cellular calls.

It is an adverse judgment. But that does not mean we are in a hurry to appeal against it, telecom secretary A V Gokak said in New Delhi on Saturday.

It is difficult to react to the judgment now. I have not seen it yet. No decision to appeal against it has been taken, he added.

On Friday, TRAI quashed the January order of DoT raising fixed-to-cellular tariff in non-metro circles to Rs 10 a minute. The judgment was delivered on a petition by cellular operators challenging the order.

Soon after the verdict was announced, top DoT officials had indicated that they would appeal.

Gokak said there was no hurry as enough time (30 days) had been provided for an appeal. The department, he said, will decide the future course only after a proper scrutiny of the judgment, a copy of which is expected to be delivered to DoT early this week.

There was no sign of belligerence in the telecom secretary's tone when asked to comment on the TRAI decision. I was instrumental in setting up TRAI. I have to give due respect to its decision. Otherwise, what is the use of setting up a regulatory mechanism? asked Gokak.

The Cellular Operators Association of India (COAI) had argued that the new rates should be determined by the distance over which the call was carried on DoT's network. The authority, however, restored status quo ante. As a result, callers in non-metro circles will continue to pay Rs 1.40 a minute, against Rs 10 under the revised rate.

TRAI also ordered DoT to provide multi-point interconnectivity and allow use of mobile switching centres (MSCs) to the cellular operators expeditiously so that there would be no occasion for a public switched telephone network subscriber being called upon to pay more than what would be justified.

The department has been asked to provide interconnectivity and MSCs within 90 days of the request being received by it. In the case of pending applications, interconnectivity has to be provided within 90 days of Friday's order.