The Hindu Business Line : TDSAT disallows TRAI show cause to BSNL on interconnection

The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has disallowed a show cause notice sent by the Telecom Regulatory Authority of India to Bharat Sanchar Nigam Ltd for allegedly not taking the approval of the telecom regulatorbefore publishing its Reference Interconnect Offer (RIO).

TDSAT said that the show cause issued by the telecom regulator was illegal, since BSNL had published the RIO after an order was passed by the tribunal. TRAI had asked BSNL to make 29 changes in its interconnect offer. The RIO acts as a reference document for other operators seeking interconnection with BSNL. Contesting the changes, BSNL filed an appeal with the TDSAT against the TRAI move. Following the intervention of the telecom tribunal, 21 of the 29 changes suggested by TRAI were renegotiated with BSNL. On the remaining eight issues, TDSAT heard both sides and finally asked BSNL to publish its RIO within 90 days. In order to adhere to the TDSAT's order, BSNL put up its RIO on the company Web site. This was objected to by the TRAI, which said that all operators have to take prior permission from the regulator before announcing the RIO. The telecom regulator then issued a show cause notice to BSNL for the alleged violation, which once again approached the TDSAT for relief.

Scrapping the TRAI notice, the telecom tribunal said, "If this tribunal has come to the conclusion that the refusal of prior approval by the TRAI was erroneous, then it is not necessary for this tribunal to again remand the matter back to the TRAI with a direction that it shall give the required approval.

In our opinion, it would suffice if the error pointed out by the aggrieved party is rectified by this tribunal then as a consequential order it could itself direct the concerned party to go ahead and publish the RIOs without seeking further approval from the TRAI because, in our opinion, such right to grant approval after rectifying the error in appeal is inherent in an appellate authority."

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