Trai Adjourns Bharti Case Against Mtnls Cell Entry

The Telecom Regulatory Authority of India (TRAI) yesterday adjourned to February 11 the hearing of Bharti Cellulars case against department of telecommunications (DoT) over Mahanagar Telephone Nigam Ltds propposed entry into cellular services in Mumbai and Delhi.

TRAI chairperson S S Sodhi refused to allow MTNL to go ahead with its planning of the celluar networks. He adjourned the hearing after additional solicitor general U N Bhat, representing DoT, submitted documents before the regulator in support of MTNLs claim that it was already offering mobile phone services.

The documents submitted by the government counsel include pages from the 1986/1994 Delhi telephone directory which contained advertisements of the companys paging and mobile phone services, and copies of the bills of mobile phone subscribers. These were filed to support the contention that MTNL was not a new service provider.

 

We are constrained to grant this adjournment on account of these additional documents filed by MTNL despite the matter having been earlier preponed to this date at the request of MTNL, the two-member bench of Sodhi and TRAI vice-chairperson B K Zutshi said.

The government counsel has taken the stance that MTNL is not a new service provider. The TRAI Act, 1997 mandates TRAI to recommend the need and timing of a new service provider. Cellular operators have petitioned that the regulator was not consulted on MTNLs plans.

The regulator turned down MTNLs request for continuation of internal processing related to its cellular telephony plans, though its counsel argued that this would not go against TRAIs status quo order. The company was planning to float a global tender in January for selection of a celluar joint venture partner.

The company intended to start cellular services in Mumbai and Delhi before end of calendar 1998. According to its initial plans, it was to install equipment by the second quarter of 1998 and start the service before end of 1998.

The preliminary issue on the February 11 hearing will be whether it is mandatory for the government to seek a recommendation from TRAI for licensing a new service provider or not. Also, the issue whether MTNL is a new service provider or not will be argued.

Speaking to reporters, Manjul Bajpai, the legal counsel for cellular operators said the car phone service provided by MTNL from the late 1980s, proof of which was furnished as part of the additinal documents filed today, does not qualify as cellular mobile phone service based on the GSM (global system for mobile communications, the digital mobile standard adopted by India).

The companys radio mobile phone service provided normal telephone service in a moving vehicle. The service was available within a 20 km radial distance from Connaught Place in the capital.