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Telecom tribunal's approach erroneous: SC

By Our Legal Correspondent

NEW DELHI DEC. 17. The Supreme Court, while permitting Fixed Service Providers (FSPs) to provide Wireless Local Loop (WLL) and take in new subscribers, noted that the "bald" conclusion of the Telecom Disputes Special Appellate Tribunal that cellular operators had been compensated in various ways and erosion of profits had also been taken into consideration by the entry of the fourth company, could not be held to be a conclusion on the issue of level-playing field.

A three-member Bench of the Court felt that the Tribunal never applied its mind to those voluminous materials, being swayed away by the question that this being a policy decision could not be interfered with.

Such an approach was wholly erroneous and non-consideration of the materials by the Tribunal would constitute a substantial question of law within the meaning of Sec. 18 of the TRAI Act and this court could interfere with the decision of the Tribunal, the Bench said.

The Bench, however, said that it could not interfere with the Tribunal's finding that by allowing WLL operators to provide their services, consumers would be able to get services at a much cheaper rate, which would ultimately increase the tele-density.

But the Bench held that the Tribunal had committed an error by saying that it had only supervisory jurisdiction and deciding the important issue without going into the intricacies of the dispute.

Observing that the Tribunal had got wide powers and jurisdiction, the Bench said its earlier order was vitiated by non-consideration of material, especially the contention of the cellular operators that they did not have the level-playing field. The Bench while asking the Tribunal to consider the matter afresh, said it should also keep in mind the recommendations of expert bodies such as the Telecom Regulatory Authority of India and the Group of Ministers on Telecom and Information Technology, specifically set up by the Prime Minister.

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