Financial Daily from THE HINDU group of publications
Tuesday, Aug 19, 2003
Financial Daily from THE HINDU group of publications Tuesday, Aug 19, 2003 |
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Info-Tech
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Telecommunications DoT may not accept TRAI plan on basic licences G. Rambabu
New Delhi , Aug. 18 THE Department of Telecommunications (DoT) may not accept the recommendation of the Telecom Regulatory Authority of India (TRAI) to issue an amendment to the basic service licence seeking to bar operators from offering call forwarding as well as multiple registration facility to their limited mobility (WLL) subscribers. According to official sources, any move to amend the basic licences now may lead to further litigations by the operators, something that the Department is keen to avoid. More so, since the Authority had itself admitted that "a strict interpretation" of the licence conditions would indicate that the WLL operators are allowed to offer these facilities. Following the judgement of the Telecom Dispute Settlement Tribunal (TDSAT) on WLL, the TRAI had written to the Department recommending the amendments to the basic licences. It had stated that although the basic operators can legally offer these facilities, it "violates the motive and the spirit" of the Government's decision to keep the WLL services distinct from cellular services. "The authority is of the view that with the facility of call forwarding and multiple registration they are in fact achieving functionality that is similar to roaming facility and this violates the spirit of the Government's decision. "Considering the implications of combined effect of these facilities and also keeping in mind the TDSAT ruling, it is recommended that the licensor issues clarificatory order/amendment to the basic operators licence agreement," it had stated. The sources said that apart from the legal ramifications of any such move, the TDSAT majority order while calling for a level playing field had not taken any decision on call forwarding and multiple registration. The judgement had clearly stated that it was a "different issue" which it is "separately looking into". As a result, it would not be appropriate to amend the licence in a hurry. The TDSAT majority judgement had stated: "We do not find that the two services have become substitutable in view of the substantial differences existing between them. "In the ultimate analysis, as foreseen by NTP '99, such service distinctions may become archaic and obsolete in the context of convergence of market and technologies and a prudent approach would be to facilitate this process rather than put restrictions." The sources also said that since the tribunal had not sought any amendment, the TRAI recommendation to suo motu alter the basic licences may not be feasible. If any decision is indeed taken, it will be done after consulting all the stakeholders and getting a legal opinion on the matter. In any case the Department will go slow on the issue unless it gets a direction from TDSAT, as otherwise it will be on a weak legal wicket, they added.
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