BSNL drags Trai to tribunal

“Trai, vide its impugned regulation, is attempting to modify and substitute its regulation over the interconnect agreements entered into between BSNL and private operators so as to effect an impermissible gain for private operators and loss to BSNL,” the state-run firm alleged in its petition.

BSNL also contended that while deciding the port charges, Trai did not take into consideration the cost of the main equipment installed by it to provide interconnection. Since BSNL is the largest telecom operator in the country, most operators have to pay it charges for interconnection. In its petition, BSNL alleged that Trai calculated only incremental and additional cost of its equipment while fixing the port charges. The life of all its installed machinery is around 10 years and it would end up in 2011, which has been ignored by the regulator, BSNL said. The PSU contended that TDSAT, in an earlier order on April 27, 2005, had permitted direct connectivity between operators on their mutually agreed terms till TRAI took a final decision. “TDSAT has recognised the valuable right of telecom operators to negotiate and enter into mutually agreed interconnect agreements, which has a long standing effect. TRAI has no jurisdiction under the act to substitute the regulation, having an effect of amending, altering, modifying the terms and conditions of the license agreement, BSNL said in the petition.