The Telecom Disputes Settlement and Appellate Tribunal (TDSAT)?s role in the Etisalat DB-Reliance Infratel issue continues to be a contentious subject.
Previously, Etisalat DB had questioned its jurisdiction to hear the case and had stated that it ought to be taken up by a civil court and not the tribunal.
Further, the company had submitted that the petition filed by Reliance Infratel was not maintainable as RCOM?s tower arm was not a service provider as per the definition mentioned under the Telecom Regulatory Authority of India Act. And the telecom tribunal cannot exercise its jurisdiction or adjudicate disputes between parties who are not a service provider.
Thereafter, S Tel, who is also involved in an issue with Reliance Infratel, raised a similar concern.
S Tel has argued that as Reliance Infratel was not a licencee and did not fall within the definition of a licencee identified under the TRAI Act, TDSAT has no jurisdiction to hear the case.
In response, Reliance Infratel had stated that TDSAT could hear the case as it (Reliance Infratel) has an IP-1 licence, which permits it to function as an operator.
So, the company stated, the case fell within TDSAT?s area of purview, as it could settle a dispute between operators.
