COAI, RJio at loggerheads over TRAI order

In a response to Reliance Jio’s allegations on being a ‘mouthpiece’ to the incumbent telecom operators, Cellular Operators Association of India (COAI) said it stands by what it has said in the press release and it has the right to initiate legal action against RJio for false and malicious imputations.

RJio in a letter on February 22, had alleged that COAI’s press release of February 20 was fabricated against the company in many ways and defamatory. COAI in a letter to TRAI had alleged that the latest TRAI’s Tariff Order (TTO) was in support of only one company – RJio.

Now, both the parties (RJio and COAI) are asking each other to withdraw the notices and issue a public notice.

“You are advised to withdraw your captioned notice and issue a public apology to us for your notice on behalf of RJIL. You (Regulatory Head) and RJIL are also advised to abstain from threatening us with legal action without cause or basis as you have done by your captioned notice. Should you choose to initiate any false and fabricated legal action, we reserve our right to defend the same at your costs and consequences,” COAI wrote in its letter dated February 28 to Jio.

The letter accessed by BusinessLine also said COAI is well within its rights to hold and voice its views as it has by the press release and voicing of the said views does not form and cannot form a cause of defamation as alleged by the RJio notice otherwise.

“The COAI, therefore, denies your allegation that the press release is defamatory, false or malicious, nor is the press release brash, bald or unreasoned, as alleged in your captioned notice or otherwise. On the contrary, the press release is bona fide, well founded and intended to further public good,” it said.

Telcos mull suit against order

Meanwhile, not only COAI, but individual players such as Bharti Airtel, Vodafone and Idea are also mulling going against the TRAI’s tariff order and filing a case in courts, which is the last option.

Recently at the Mobile World Congress in Barcelona, Sunil Bharti Mittal, Chairman, Airtel, had told Businessline that the tariff order by TRAI binds operators from conducting their business in an orderly manner.

“I cannot envisage anything other than a legal challenge to counter this order. Nothing can be worse than free service,” he said.

Vodafone Chief Vittorio Colao also had said that the TRAI’s latest order sounds like ‘you have to fight somebody with your hands tied at the back’, which was not fair.

However, when asked TRAI Chairman RS Sharma on operators going to court, he said that any company or entity that thinks the regulator’s orders are not industry-friendly, is free to go to court.

“We have no reservations or objections if someone wants to challenge telecom regulator’s order in court. After all, that is the right place and the right forum to do so,” he had said at the Mobile World Congress last week.

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