The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has rejected Vodafone?s plea challenging the Telecom Regulatory Authority of India (TRAI)?s consultation paper on reviewing interconnection usage charges (IUC).
The company opposed TRAI?s consultation paper on grounds that it was against TDSAT?s earlier judgement. The review of the IUC regime is opposed by old operators as it discusses abolishing the termination charge, a levy paid by an operator to another on whose network the call ends.
A TDSAT bench, headed by Justice S.B. Sinha said, ?We are of the opinion that the application is premature and in any event it would not be proper for this tribunal to go into the question raised in this application (by Vodafone) at this stage.? The tribunal further said it could not pass any order at this stage, as TRAI was in the process of finalising the drill.
Sinha added, ?Contents of a pre-consultation paper, in our opinion, cannot be taken into consideration at this stage for the purpose of finding out as to whether any case has been made out for issuance of any direction or not.? However, it said Vodafone can move TDSAT after the TRAI has formulated IUC regulations.
Over Vodafone?s claim that TRAI?s paper violated the order passed by TDSAT, the tribunal said, ?Whether the directions issued by this Tribunal in its aforementioned judgment dated September 29, 2010 are correct or not is pending consideration before the Supreme Court?.
TDSAT had, on September 29, 2010, set aside TRAI?s Interconnection Usage Charges (Regulation), 2009 and asked the telecom regulator to frame fresh regulations in consultations with various stake holders.
This was challenged by TRAI before the Supreme Court on February 2, 2011, which directed it to complete the entire exercise within a period of four months.Following it, TRAI on April 27 issued a consultation paper on IUC, which was opposed by Vodafone on grounds that it was in gross violation of the directions issued by TDSAT.
Filing an application before the tribunal, Vodafone contended that TRAI cannot be permitted to consider the matter afresh, including adopting the process of invitation of suggestions and recommendations from the stakeholders including the bill and keep accounting method and capital expenditures.
