NEW DELHI, Feb 9: The Department of Telecommunications (DoT) has fired yet another offensive against the Telecom Regulatory Authority of India (TRAI). Nine cases filed by the DoT in the Delhi High Court challenging the jurisdiction of the TRAI in intervening in matters relating to licensing issues which the DoT has stated are issues between the licensor (DoT) and the licensee. The cases are scheduled to come up for hearing on February 12.The cases relate to termination of licenses or encashment of bank guarantees ordered by the DoT on which the TRAI had stayed DoT action till the TRAI took a decision in every individual case. The TRAI stay was granted between December and January in most of these cases.The companies involved in the matter include mostly radio paging companies. These are, Easy Call, ABC Communications, Microwave Communications Ltd, Matrix Paging (India) Pvt Ltd, Telesytem (India) Pvt Ltd, Usha Martin Telecom Ltd, Modi Korea Telecommunications, Hutchison Max Telecom Ltd and Netherland (I)Communications Enterprises Pvt Ltd.The DoT counsel sought to stay proceedings of the TRAI in this respect as most of these cases were to come up for hearing on February 11. However, owing to the indisposition of DoT's legal counsel, the hearing was postponed to February 12.The DoT counsel has pleaded that licensees already have an arbitration opportunity available to them under the license agreement in case of any disputes with the TRAI. This opportunity should be explored, the DoT petition says, before licensees approach the TRAI. There is already one case filed by the DoT challenging the jurisdiction of the TRAI pending with the Delhi High Court.
