Wednesday, Dec 18, 2002
Wednesday, Dec 18, 2002 |
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By Sandeep Dikshit
As the battle moves back to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), the apex court has ensured that there is no redrawing of plans by limited mobility companies. In essence, the big-bang launch by Reliance on December 28 practically all over the country remains on course. The Bharat Sanchar Nigam Limited (BSNL) can also continue with its roll out in several cities, some overlooked by the cellular revolution's formative years. Smaller, state-specific companies such as the Shyam Telecom (Rajasthan), the HFCL (Punjab) would live to slug it out. The Tatas can also continue with extending its area of service from Andhra Pradesh, Maharashtra, New Delhi and other cities. There is also some cheer for cellular companies who have maintained that the past one-year has been unfair to them. A torrent of representations to anyone who would listen has maintained that there has been a referee-competitor gang-up against them. They contend that the DoT made the reference to the TRAI about allowing fixed phone companies to provide mobility with a fixed mind set. It had already decided to allow the fixed phones to provide mobility and the TRAI was simply asked to give its views on the scope of the service and the basis for assigning frequencies. Cell companies also contend that the TRAI denied them the opportunity to discuss the legality of the service. This was also denied by the TDSAT by assigning another reason. They should feel satisfied that the Supreme Court has now asked the TDSAT to pay heed to their charges of denial of a level playing ground — cell companies claim that they paid a high entry fees and continue to shell out various types of charges while the fixed phone companies have been allowed to offer `limited' mobility on nominal charges. They, of course, overlooked the several conditions that are attached to the fixed phone licence. Cellular companies are also aware of the tremendous clout enjoyed by the fixed phone line-up led by the Reliance (among opinion makers) and the BSNL (whose officers are promoted to the policy making DoT and the referee TRAI). They also know that their days of influence with the TRAI are over with the hiving of its judicial functions to TDSAT and a change in its composition. So they also queued up to corner some fixed phone licences in order to cover their backs. In the end, one question remains. Regardless of what the TDSAT decides, who will win? In the available scenario it is difficult to visualise the TDSAT ordering companies to shut down their limited mobility operations. Though the Central Exchequer or the BSNL may be the loser, the customer is unlikely to be affected in the long run.
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