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K. Giriprakash

Bangalore , Sept. 18

THE Cellular Operators' Association of India (COAI), which sought a legal opinion on a tribunal order, has been advised to approach the Supreme Court to either seek a stay on the operation of WLL (mobile) licence altogether or seek direction for implementation of the order which imposes curbs on WLL (wireless in local loop) services.

A former Supreme Court judge who was asked to recommend the course of action COAI should take has suggested that the cellular companies should ask the court to strike down the order of the TDSAT (Telecom Disputes Settlement Appellate Tribunal), a quasi-judicial body which permitted WLL services but set out stiff restrictions on its operations, or at least ensure compliance of the tribunal's order currently being violated by the fixed service providers (FSPs).

On August 8, TDSAT in its ruling permitted WLL limited mobility service only as a value-added service under a FSP licence.

It also said that a clear distinction between fully mobile cellular service and limited mobile service being provided by WLL service providers should be maintained.

This means that companies like Reliance Infocomm and Tata Teleservices will not be able to offer roaming or almost fully mobile services.

Though the TDSAT order ruled in favour of WLL services, the Chairman of TDSAT, Mr Justice D.P. Wadhwa in a dissent note said that WLL (mobile) licences should not have been issued at all.

The former judge said that COAI should seek a stay on the operations based on Mr Wadhwa's dissent note, and contended that the National Telecom Policy, 1999 did not envisage the grant of WLL (mobile) licence.

The former judge said that the FSPs could not raise any pleas claiming that during the judicial review several new customers had been added and huge investments had been made and hence the implementation of TDSAT ruling should be stopped.

The Supreme Court has clearly stated that FSPs will be bound by the decision of the tribunal.

He also said that the judgement only explained the scope and effect of a licence and did not state that the ruling became binding from the day of the judgement.

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