BSNL asks staff to collect ADC from Tata Tele

The state-owned telephony major Bharat Sanchar Nigam (BSNL) has issued circulars to its staff asking them to collect access deficit charges (ADC) from Tata Teleservices (TTSL).

The collection of ADC is sub-judice as the Supreme Court is still hearing the case. BSNL expects to collect Rs 5,000 crore in ADC from private operators.

The regulation branch of the PSU, in a circular dated September 29, has advised its field units to "recover all ADC dues before the case is listed for hearing in the Honourable Supreme Court of India."

"At present, the case is in favor of BSNL and if any laxity by the field units due to the non-implementation of Regulation Branch's instructions in the matter causes loss to BSNL by way of non-realization of dues, the field units would be held response for the lapse," mentions the notice, a copy of which is in possession of Business Standard.

According to legal experts, "the notice is in violation of code of conduct to be observed in a sub-judice matter, but also reflects disrespect to the Indian judicial system. This has the potential to be viewed as contempt of court".

The notice also says that a disconnection notice should be issued "immediately" with a 30-day notice period. "In case the payment is not received within 30 days of due date, then the concerned point of interconnect shall be disconnected without issuing any reminder/second notice and complete outstanding amount including interest on delayed payment shall be recovered by encashing the bank guarantee."

The letter was signed by BSNL deputy director general S C Johorey (telecom regulatory function) and was addressed to all chief general managers of telecom circles, metro telephone districts and maintenance region.

BSNL had moved TDSAT earlier stating that TTSL's is a wireless in local loop (Mobile) service and not a WLL-fixed service as claimed by the operator.

It had received a favourable response from the tribunal, which was contested by TTSL in the Supreme Court on September 9. ADC is the charges levied from private players to compensate BSNL for its rural and semi-urban initiatives.