New Delhi: An appellate tribunal on Thursday asked Bharat Sanchar Nigam Ltd (BSNL) to restore status quo ante on points of interconnect offered to cellular operators, while fixing April 3, 2001, as date for hearing a petition challenging telecom regulator's interconnect norms. In response to a review petition by cellular operators on restoring points of interconnect, Telecom Dispute Settlement and Appellate Tribunal (TDSAT) noted that Telecom Regulatory Authority of India (TRAI) had already communicated to BSNL its request to defer implementation of its January 8 order on interconnect and restore status quo by April 7, 2001.Tribunal chariman Justice S C Sen while asking Cellular Operators Association of India (COAI) to withdraw its review petition owing to telecom regulator's request to BSNL, fixed April 3, 2001 as date for hearing the association's appeal challenging TRAI directive for determining the interconnect norms.
It however, pointed out that BSNL would not give any additional points of interconnect to the cellular operators thereby merely restoring the status quo ante.
The dispute between the two sides began when TRAI issued a determination on January 8, 2001, on points of interconnection, and cellular operators sought a review to determination in February end.
Subsequently TRAI approached BSNL (which was in the process of implementing the order) to defer the implementation and restore the status quo ante by April 7, 2001, when it could take a decision based on COAI's representation.
TDSAT today pointed out that with the review petition pending, the tribunal could not consider an appeal against TRAI determination. While directing COAI to withdraw the review and file an appeal, the tribunal asked BSNL to restore the status quo ante.
As per TRAI's determination issued on January 8 this year, the regulator has issued norms to ensure flow of traffic and also to permit flexibility of operations at multiple points of interconnect on a sustainable basis.
Cellular operators have been maintaining that the determination is against the rights of operators who were earlier eligible for multiple points of interconnect, subject to technical feasibility and they have now been restricted to interconnect at transit exchanges.
On the level of interconnection, the TRAI determination provided that multiple points of interconnection should be provided between two networks.
...adjourns spectrum case hearing to April 9
An appellate tribunal on Thursday adjouned hearing of the spectrum case, involving COAI and the Government, to April 9, 2001, on the latter's plea for additional time to file affidavit. Telecom Dispute Settlement and Appellate Tribunal (TDSAT), directed the government to file its affidavit by March 26, 2001, after the government counsel, R D Agrawala, sought an extension for filing its affidavit to the tribunal. The case which was earlier listed for hearing on Thursday, would now come up for hearing on April 9, 2001. COAI had last month challenged the government on the issue saying spectrum charges should be based on service area and not on citywise basis.
PTI
Copyright © 2001 Indian Express Newspapers (Bombay) Ltd.