Trai Notice To Dot On Fixed-To-Mobile Tariff Hike

The telecom regulatory authority of India (TRAI) has served a notice on the department of teleco-m munications (DoT) in response to a petition by cellular operators. The operators want a TRAI order asking DoT to roll back its fixed-to-cellular tariffs be implemented.

The department is yet to implement the TRAI order which was to come into effect from May 1. The TRAI judgement delivered on April 25 asked DoT to rescind its January 29 order increasing fixed-to-cellular tariffs from some Rs 1.25 for a three-minute call to a maximum of Rs 28.

The petition, which was presented by the advocate for the petitioners, Manjul Bajpai, under Section 151 of the Civil Procedure Code seeks grant of directions to the respondents (DoT) to implement the order of April 25, 1997 passed by the TRAI. The telecom authority has scheduled the hearing of the case on May 16, 1997.

The regulators order had stated that to avoid confusion in billing and accounting and also to allow for due notice to be given to all concerned, this order will be deemed to have been quashed from May 1, 1997. DoT had reasoned that it had not received a signed and stamped copy of the TRAI order and so had not implemented the order. DoT was also studying the option of appealing to a high court against the order. Some officials among the DoT brass were of the view that the department should appeal while some were against it.

The delay on part of DoT was interpreted by the cellular industry as a contempt of TRAI. The TRAI Act vests the authority with substantial powers to ensure compliance of its orders. Clause 20 of the Act states that if any person wilfully fails to comply with the orders of the authority or any order of the high court, he shall be punishable with imprisonment or fine or both.