TRAI asks HC to clarify its power

NEW DELHI, JULY 27: Telecom Regulatory Authority of India (TRAI) today filed a petition in the Delhi High Court seeking pronouncement of ...

NEW DELHI, JULY 27: Telecom Regulatory Authority of India (TRAI) today filed a petition in the Delhi High Court seeking pronouncement of judgement in a case between the cellular operators and the government that is expected to clarify the role of regulator on arbitration.

"We have filed a petition seeking pronouncement of judgement in the case between cellular operators and government," TRAI chairman, Justice S S Sodhi told reporters after releasing a consultation paper on satellite telephony.

Sodhi said TRAI would withdraw the petition if the cellular operators, who moved the division bench on an appeal to a single bench judgement setting aside a ruling by the TRAI, did not withdraw by July 29.

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Meanwhile, executive director of the Cellular Operators Association of India (COAI), T V Ramachandran told PTI that the operators have decided to withdraw the case in the Delhi HC.

The case before a division bench of the High Court after completing the hearing is expected to clarify the TRAI’s jurisdictional powers on settling issues between government and licensees. The judgement on the case has been reserved.

The case was moved by COAI and a few cellular operators after a single bench found that TRAI has no jurisdiction over issues between government as licensor and licensees.

The issue arose after the TRAI decided against the entry of Mahanagar Telephone Nigam Limited into cellular telephone services.

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Division bench of the Delhi High Court took in block the case by cellular operators and writ petitions by Hutchison Max and BPL US-West, cellular operators in Mumbai and the judgement was reserved after completion of the hearing.

The regulator which has been banking on the cellular operators to get an interpretation of TRAI Act and get clarity on its role as arbitrator has left with no option but to approach the court as the cellular operators decided to withdraw all the cases moved by them against the government.

The government has made the shifting of existing licenceholders to revenue-sharing conditional to withdrawal of cases by July 29.

COAI met yesterday to decide on the issue along with various issues on migration to revenue-sharing and a decision was taken to withdraw all cases moved by individual operators and the association.

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Operators have been given time till July 29 to decide on the switchover to revenue-sharing. Government had announced an interim revenue share of 15 per cent to the exchequer also.

Operators, besides withdrawing the cases, have to clear 35 per cent of licence dues by August 15 and entire backlog of dues by January 31 next.

For Kolkata, the IMD has forecast mostly cloudy skies with light to moderate rain or thundershowers on most days through Panchami.

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