Licence violations cases cannot be heard by TDSAT, says DOT
Telecom sector watchdog, the Department of Telecommunications (DoT) has raised questions on the jurisdiction of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to hear cases relating to violations of spectrum licenses given to telecom service providers in the country.
DoT said that the TDSAT cannot entertain petitions of five telecom operators, including Bharti Airtel and Vodafone. The petitions are challenging the government's decision to stop 3G roaming agreements between the players.
DoT continued to defend its decision to declare 3G roaming agreements between private operators as illegal and also pointed out that TDSAT is in violation of the licensing terms and conditions.
Additional Solicitor-General A. S. Chandiok said that TDSAT does not have the authority to entertain the petitions which are for changing licence terms and conditions in the sector. He added that there is a Supreme Court judgment that the tribunal cannot entertain petitions of operators who were violating licence conditions.
According to Chandiok, the telecom service providers in the country have still not provided copies of their 3G roaming agreements as per directives of TDSAT that were given on December 24.
TDSAT has deferred the matter to January 9, 2011 and has asked the DoT to file a separate complaint on the matter.