The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has stayed the direction of the Telecom Regulatory Authority of India (TRAI) regarding the removal of the 90-day processing period for mobile number portability (MNP) for subscribers of operators whose licences were cancelled by the Supreme Court order early this year.

TDSAT?s observations come after Sistema Shyam TeleServices Limited (SSTL) and Uninor filed petitions with TDSAT against TRAI saying the regulatory body?s direction of removing the mandatory 90-day processing time for MNP for them would pave way for existing operators to poach their subscribers.

TDSAT in its ruling has taken a view that the TRAI as a regulatory authority cannot discriminate between the operators whose licences have been cancelled and those who are still in operations. It has said that TRAI cannot take away the rights of operators such as Unitech Wireless and SSTL?s to operate in the Indian market till the time their licenses are valid. Licences of Unitech Wireless and SSTL are valid till September 7, 2012.

According to TDSAT both these operators would face losses owing to TRAI?s regulation on MNP in case they successfully bid for 2G licences.