New Delhi: Telecom Regulatory Authority of
India (TRAI) on Friday challenged telecom tribunal TDSAT's ruling
that slammed it for not following uniform procedure while
recommending the subscriber-linked criteria for allocation of
additional spectrum and asked the government to revise the
rule appropriately.
A Bench headed by Justice Altamas Kabir admitted TRAI's
plea against GSM players' lobby COAI, the Department of
Telecommunications, Bharti Airtel, Vodafone Essar, Reliance
Communications, Tata Teleservices, Spice Communications, HFCL
Infotel, Idea Cellular, BSNL, MTNL and Shyam Telelink.
TRAI's senior counsel K K Venugopal and Sanjay Kapur,
while seeking a stay on the TDSAT order, said if adverse
remarks were allowed to remain in the judgement, it can do
irreparable harm and would have a serious impact on the
goodwill and reputation of the authority.
The counsel said the Tribunal should have shown some
restraint before passing strictures or adverse remarks against
the statutory authority with regard to its statutory
functions.
According to TRAI, its recommendations were solely meant
for consideration of the government and no service provider
can challenge these recommendations before the Tribunal.
TDSAT had said TRAI failed to exhibit the required degree
of care and failed to observe the principle of transparency.
"It is expected of institutions like TRAI to follow a
uniform procedure while making its recommendations. It cannot
choose the procedure to suit its convenience," the Tribunal
had stated.
"We hold that TRAI was wrong in arriving at revised
subscriber norms based on a theoretical simulation and that
too without an opportunity being given to all stakeholders to
debate the issue," TDSAT said.
The Department of Telecom had implemented TRAI norms as
an interim measure and formed a committee to study existing
norms as well as the regulator's recommendations and the
method suggested by Telecom Engineering Consultants (TEC).
TDSAT had directed the government to appropriately revise
the TRAI norms within one month of the receipt of the report
of the committee constituted by DoT last year.
"We hold that in arriving at the subscriber-linked
criteria, TRAI failed to observe the principle of
transparency. It is expected from the institution like TRAI to
follow a uniform procedure while making recommendations. It
cannot choose the procedure to suit its convenience," the
Tribunal had said.
TDSAT accused TRAI of creating confusion over the use of
dual technology for mobile services.
"We are of the view that in analysing the issue of
technology neutrality, TRAI did not exhibit the required
degree of care and has avoidably given the impression that the
concept of technology neutrality was something new," it said.
On the controversial issue of new telecom players allowed
by DoT, TDSAT found TRAI's recommendation of "no-cap" policy
in spectrum area as "puzzling".
"As indicated by TRAI itself, there are 6 to 9 operators
in each service area and there is demand for additional
spectrum. It is, therefore, puzzling as to why TRAI
recommended a no-cap policy on the number of service
providers," it said while suggesting DoT review this policy.
Bureau Report