TDSAT can’t rule on 3G roaming, says DoT

The department of telecommunications on Tuesday questioned the jurisdiction of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) entertaining the petitions of five telecom operators challenging the government's directive to end 3G roaming agreements.

This actually resulted in a brief respite for the telcom companies like Bharti Airtel, Idea Cellular and Vodafone, as they can continue offering 3G mobile services till next Monday, the next date of hearing.

The DoT, in a notice sent on 23 December, had directed these operators to stop such services immediately in circles where they did not have their own bandwidth. The operators then moved the TDSAT against the order.

While Vodafone has spectrum in nine circles, it offers services in 20 circles. Similarly, Airtel has 3G spectrum in 13 circles, but offers services in 20. Idea Cellular has spectrum in 11 circles, but offers services in 19. The number of circles where 3G spectrum was auctioned last year is 22.

Additional solicitor general A S Chandiok appearing for DoT told the tribunal that it has no jurisdiction to entertain the petitions which are altering the terms of telecom licence.

The DoT cited a recent judgement of the Supreme Court wherein it had said the tribunal could not entertain a petition altering the licence conditions.

The tribunal asked the operators to file their replies to the DoT's petition by Friday.

There are 10-15 million 3G subscribers in India. Of this, only 25 per cent are active.