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SC judgment on limited mobility today

Our Bureau

NEW DELHI, Dec. 16

THE long wait will finally be over. The Supreme Court on Tuesday is expected to deliver its final judgment on a petition filed by the Cellular Operators Association of India (COAI), challenging the decision of the Telecom Dispute Settlement Appellate Tribunal (TDSAT) allowing fixed service providers to offer limited mobility WLL services.

The Supreme Court had, on November 27, reserved its verdict on the petition and refused to order a stay on the launch of these services as demanded by COAI.

The Bench, comprising the Chief Justice, Mr G.B. Pattanaik, Mr Justice H.K. Sema and Mr Justice S.B. Sinha, had held a marathon four-day hearing last month during which both the cellular operators and the Government (along with basic operators) presented their views on the matter.

They were then directed to give written submissions on the matter.

It may be recalled that after conducting hearings for more than 15 months, TDSAT had in mid-March dismissed COAI's petition challenging the Government's decision allowing limited mobility.

The tribunal had held as baseless COAI's contention that the Government had deviated from the New Telecom Policy 1999.

More importantly, it had pointed out that the petitioners essentially were assailing a policy decision of the Government, which was outside the scope of the jurisdiction of a Court or a Tribunal.

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