TDSAT refuses to stay WLL licencing, raps BPL

Our eFE Bureau in New Delhi

In what is being seen as a major victory for the government and the basic telecom operators, the Telecom Dispute Settlement Appellate Tribunal (TDSAT) refused to stay the issuance of licences to operate wireless in local loop (WLL) limited mobility services on August 8. It also adjourned the hearing till September 4, the earlier date given by the Tribunal for hearing the matter.

The TDSAT also severely pulled up BPL for going “forum shopping,” when the case was already pending before the Tribunal. According to the Bench, since BPL is already a member of the Cellular Operators Association of India (COAI), which has already filed a case in the TDSAT, there is no reason why it needed to file another petition in the Madras High Court.

TDSAT also confirmed its January 29 order that there should be a clause in the basic service licences issued by the government if the petitioner ( COAI) was successful.

On Tuesday, the cellular operators had moved the TDSAT for an extension of the stay granted by the Madras High Court on the issuance of the WLL licences. The two petitions that came up for hearing today, included a petition for “interim relief” filed by the COAI and a “substantive petition” by BPL.

BPL had filed a writ petition in the Madras High Court, which was dismissed by the court on August 2. The Madras High Court refused to get into the “merits of the case” since the “matter is pending before the TDSAT. The court had extended the status quo to August 8 stating that “the parties in the pending appeal are free to get appropriate orders from the tribunal”.