The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked Idea Cellular not to disconnect Aircel from its network and has stated that no SMS termination fee should be charged by either of the operators until a final decision is taken on the matter, say news reports.

At the same time, TDSAT has directed Loop Mobile to pay Idea Cellular an SMS termination fee of Re 0.05 per message, as against a fee of Re 0.10 per SMS on the basis of net inflow of traffic being demanded by Idea Cellular. According to TDSAT, the SMS termination fee to be paid by Loop Mobile to Idea Cellular will be calculated and paid with effect from the date of filing of the petition.

TDSAT’s order came on two separate petitions challenging the SMS termination fee demanded by Idea Cellular. Termination charges are paid by an operator from whose network calls or SMSes originate to the one on whose network these communications end.

Regarding Aircel?s petition, TDSAT observed that there existed a clause in Aircel and Idea Cellular?s agreement wherein no termination charges would be imposed on SMSs originating and terminating from either operator?s network. As per the agreement, Idea Cellular could not unilaterally change the terms and conditions of the agreement. According TDSAT, any amendment in the agreement has to be on mutual understanding between the two operators and in writing.

Earlier, on November 9, 2012, Idea Cellular raised a demand of Rs 130.7 million as SMS termination charges for the period between July and October 2012. The operator had asked Aircel to pay the amount and execute a new agreement by December 6, 2012, failing which, SMS services were to be terminated on its network.

Further, TDSAT observed that in the matter involving Loop Mobile and Idea Cellular, there was no such agreement. The two operators entered an agreement on July 17, 2007, as per which, no provision exists between the two companies regarding the payment or otherwise of termination charges for SMS services. However, according to TDSAT, SMS services are being provided by the parties without raising any bills or making any payment to the other party.

Earlier, Idea Cellular had raised an SMS termination fee of 172.7 million for the period between July and October 2012.