The Hindu : Cellular firms complain against breach of SDCA

Online edition of India's National Newspaper
Tuesday, Feb 11, 2003

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National

Cellular firms complain against breach of SDCA

By Our Special Correspondent

NEW DELHI FEB. 10. Cellular companies today formally lodged a complaint against limited mobility for offering services outside the local calling area, called short distance charging area (SDCA).

They also accused the Government and the TRAI of turning a blind eye to their complaints.

In a renewed offensive against the TRAI, cell companies pointed out that no verification of its compliant has been conducted which "contrasted with the speedy and expeditious manner in which the regulator had acted in the matter of transit connectivity for WLL (M)".

The Cellular Operators Association of India (COAI) pointedly noted that it was forced to move the telecom dispute settlement and appellate tribunal (TDSAT), after "no effective action'' was taken by the Government (licensor) as well.

Cell companies have requested TDSAT to direct WLL (M) companies to refrain from breaching the SDCA limits of service and desist from advertising roaming services. Further, it has asked the TDSAT to penalise all WLL (M) companies who have done this.

Cell companies pointed out that the SDCA limitation of the service and non-availability of roaming has been admitted by DoT in its affidavit before TDSAT and its written submissions in the Supreme Court.

"In complete contravention of the above admitted stand of the DoT and the private operators themselves, the Delhi phone of Tata Teleservices was working across multiple SDCAs — Delhi, Gurgaon, Ghaziabad, Noida and Faridabad.

Further, misleading advertisements were being published by Reliance Infocomm offering roaming services across 673 cities in India,'' contended COAI, a front of a majority of cellular companies.

Such violations by the WLL (M) operators are not only harmful to public interest as they result in misleading and misguiding the consumers, but are also an affront and challenge to the authority of TDSAT, TRAI and the rule of law.

These would also cause irreparable harm to cellular companies, the TDSAT petition said.

The cellular industry has already pointed out that 85 per cent of its business revenue is directly impacted by WLL (M) services being offered within the SDCA.

If this limit is breached and roaming services are offered, WLL (M) becomes a 100 per cent substitutable cellular mobile service.

The industry said it was also acutely aware of the stated position of the WLL (M) operators to use the interim period of judicial review to create third party interests and a large consumer base so as to make the matter fait accompli. It is apprehended that these "violations" by FSPs and misleading the consumers on the true scope and extent of the service, were "significant steps" in the end-objective of the WLL (M) operators.

Cell companies have pointed out that the DoT has stated that: "The crucial difference lies in the fact that in the basic service, the handset cannot be authenticated except in the SDCA itself.

``This means that the consumer handset becomes useless outside the SDCA. Also roaming facilities are not permitted... to reach outside the SDCA, the consumer will have to be put through a long distance call while for cellular service, subscribers authentication is done in the whole circle (typically State)...

``The argument that this restriction cannot be policed is incorrect. The only way the consumer can break out of the restriction is if the operator fraudulently and in breach of the terms of their license allows this."

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