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In a major relief to incumbent telecom operators and a setback to TRAI, the Delhi High Court on Friday declined to stay the interim relief provided by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to the companies from reporting segmented offers to regulator.
This would mean that companies such as Bharti Airtel, Vodafone India and Idea Cellular can offer any tariff plans to their subscribers without being penalised as predatory.
“The Delhi High Court refused to interfere in the Order and remanded the same to the TDSAT for final disposal,” a source in the know told BusinessLine .
TRAI can move apex court
Sources said the arguments of TRAI and Reliance Jio were refused to be considered on the basis that this is a writ against interim arrangement. However, TRAI can go to the Supreme Court if it wishes to, as a next step.
The regulator had approached the Delhi High Court seeking a quashing or a stay of the interim order passed by the TDSAT.
The Tribunal on April 24 had put an interim stay on TRAI’s new regulation, which defined predatory pricing by giving a new definition of significant market power (SMP) and sought to end the segmented offers by operators to consumers.
The Tribunal in the order said the companies need not disclose names of any customer and if there is any other sensitive information which they feel would affect their business interests, they would be at liberty to withhold such information but offer a written explanation for such withholding to TRAI.
TRAI in February had announced that the amendments made to the Telecommunications Tariff Order (TTO), stipulates that no operator shall in any manner discriminate between subscribers of the same class and such classification of the subscribers shall not be arbitrary. It had also defined predatory pricing and had amended the definition of ascertaining an SMP.
But Airtel and Idea moved the TDSAT against TRAI’s 63rd amendment to the TTO, where the regulator defined predatory pricing for the first time and also amended the definition of ascertaining an SMP. Both the telecom operators claimed that the regulator’s latest regulation will have “significant implications” for the sector and will adversely impact customer interest.
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