Date:24/08/2004 URL: http://www.thehindubusinessline.com/2004/08/24/stories/2004082402230700.htm

Back Interconnection disputes — TRAI has no powers to adjudicate: TDSAT

Our Bureau

The fallout of TDSAT's order on TRAI's future role as a mediator in other disputes is to be seen.

New Delhi , Aug. 23

THE Telecom Dispute Settlement and Appellate Tribunal (TDSAT) has barred the telecom regulator from intervening in any dispute arising between two operators on issues relating to interconnection, on grounds that it did not have adjudicatory powers.

Dismissing a review petition filed by the Telecom Regulatory Authority of India (TRAI) against the State-owned Bharat Sanchar Nigam Ltd, the telecom tribunal said, ``When TRAI has no adjudicatory functions under the Act, it cannot in turn take the stand that it has powers to pass interim orders in disputes between two operators. If TRAI has no powers to pass final orders, it cannot certainly have powers to intervene to pass interim orders,'' TDSAT said in its judgement.

The TDSAT order assumes significance because TRAI has in the past given interim orders a number of times in disputes between two operators.

While the TDSAT order seems to have barred TRAI from intervening in matters relating to interconnection, the fallout on TRAI's future role as a mediator in other disputes is yet to be seen.

The immediate impact of the order is that private telecom operators, who have been facing problems in interconnecting with BSNL, will now have to take up the matter before TDSAT, and not approach the regulator.

TDSAT said under the Act, TRAI could make recommendations either suo moto or at the request of the licensor on matters relating to technological improvements of the service, suggest measures to facilitate further growth in the sector and other compliance of terms and conditions of licences.

"The scheme of legislation has very clearly spared TRAI of the work pertaining to adjudication of disputes which work has been entrusted to TDSAT," the order said.

The TDSAT order said that TRAI has authority to fix the terms and conditions of the inter-connectivity between the service providers and to ensure technical compatibility and effective interconnection between different service providers.

The tribunal said that interconnection was a matter that was to be resolved by mutual agreement between the operators.