A day after the telecom tribunal delivered a split verdict on the 3G intra-circle roaming, the department of telecommunications (DoT) has sought legal opinion of the additional solicitor general AS Chandiok.
DoT wants to know if the verdict in some way permits it to take action against the accused service providers, among other queries related to the interpretation of the split July 3 verdict.
On July 3, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) declared a split judgment on the issue of 3G intra-circle roaming with its Chairman, Justice SB Sinha ruling in favour of the operators ? Bharti Airtel, Vodafone and Idea Cellular – saying services are not spectrum-specific and roaming services are not linked to the band in which operators hold spectrum.
However, the TDSAT member PK Rastogi dismissed the operators? appeal, stating operators having 2G spectrum cannot provide 3G services.
Following Justice Sinha’s order, that has asked DoT to begin the process of issuing the show cause notices afresh, the telecom department also wants sought clarity from the additional solicitor general (ASG) on whether it is necessary or advisable to again issue showcause notices to the operators.
Paraphrasing the verdict, a note prepared by the DDG Access Services wing, AK Mittal on July 4 said: ?Chairman of TDSAT has concluded that DoT has not followed the principles of natural justice and therefore, due opportunity of hearing be provided to the petitioners. However, member TDSAT in his judgment upheld the DoT’s action and imposed fine on these service providers?.
He then poses questions to the additional solicitor general asking,?What is the legal position of implementation of a 1:1 order of TDSAT and whether the interim order passed by the TDSAT is still applicable?.
Finally, the letter also asks the ASG if there is any other course of action which could be taken to protect the interests of the government. A day after the DoT banned 3G intra-circle roaming arrangements, TDSAT’s interim order on December 24, 2011, suspended the DoT’s ban, thus allowing the operators to continue with the services.