In the Wednesday's hearing on the Bharat Sanchar Nigam Limited (BSNL) versus the Telecom Regulatory Authority of India (TRAI), BSNL argued against the scope of the jurisdiction of the TRAI.

Presenting BSNL's arguments, Mr Kirit N Raval argued that while TRAI could decide tariffs it could not issue directives to the BSNL forcing it to share benefits of its concessional tariffs with the private operators. Mr PS Vaidyanathan thereafter presented Mahanagar Telephone Nigam Limited's (MTNL) arguments.

The hearing shall be continued on Thursday wherein the Association of Basic Operators (ABTO) and Cellular Operators Association of India (COAI) will respond to the arguments.

Earlier, in February, BSNL had challenged the Telecom Regulatory Authority of India (TRAI's) directive to BSNL to extend the benefit of its concessional tariffs to the subscribers of private basic and cellular operators.

BSNL had announced the extension of the local call area (technically the short distance charging area) to a distance of 200 km in the same circle. To be implemented on January 26, 2001, the concessions meant that BSNL subscribers for intra-circle calls up to a distance of 200 kms received benefits of concessional tariffs (from 1/8th to 1/2 the orginal). These were however, not applicable to the subscribers of private telecom operators. The TRAI on January 25, however, directed the BSNL to extend the benefits to all the subscribers irrespective of networks or circles.

While the BSNL officials aver that their tariff package was approved by the TRAI and is in accordance with the Telecom Tariff Order'99, the private players however feel that not only is BSNL an incumbent but also has a monopoly. "Since we do not have any choice over interconnection, the same benefits should be extended to us," said a cellular operator representative.

BSNL officials, however, deem that demand as `anti-competitive'. Ironically, however, the private cellular operators and fixed service providers are on the same side of the fence for this case, even as they are fighting a pitched battle over limited mobility in another case. This case is to be heard on March 20 and 21.

In January, TDSAT had declined to put a stay on the issue of licences for fixed service providers, even as government had questioned the tribunal's jurisdiction to hear the case.

"The basic operators can roll out the limited mobility services through Wireless in Local Loop (WLL) subject to the final verdict," a division bench of TDSAT headed by Justice SC Sen had ruled.

Meanwhile, the TDSAT before continuing with the current hearing will also hold another brief hearing of a petition by the COAI on the determination of the Points of Interconnect by TRAI.