The Supreme Court has served notices to Shyam Telelink, HFCL Infotel and others on a petition filed by Bharat Sanchar Nigam Limited (BSNL), alleging that private operators were trying to evade payment of dues including access deficit charge (ADC) by treating WLL (mobile) services as fixed services.
A Bench headed by Chief Justice S H Kapadia has sought reply from the companies as to why BSNL?s lawful due should not be paid. BSNL said that the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) had, in September 2005, accepted its plea that it is the nature of service and not the nature of instrument which would be determinative of the applicable IUC charges including ADC to be paid under the IUC Regulations.
It submitted that wherever in a wireless service the location of end-user terminal and the network access point to be connected to end user are not fixed, it will not be a fixed service and does not get restricted to the subscriber?s premises.
