TRAI has no jurisdiction in telecom disputes: TDSAT

NEW DELHI: Telecom Disputes Settlement and Appellate Tribunal today set aside an order of Telecom Regulatory Authority of India on regulating Domestic Leased Circuit and said disputes resolution is solely in the jurisdiction of TDSAT.

As per the TRAI Act, every order or the direction of TRAI is appealable in TDSAT and in case of any dispute between two telecom operators; there is no provision in the Act for the authority (TRAI) to intervene, TDSAT said in a strongly worded order.

"Dispute is solely within the jurisdiction of TDSAT," said TDSAT clearly directing TRAI not to encroach upon its jurisdiction.

As per the regulation, the government telecom companies MTNL and BSNL are supposed to provide interconnection for the last-mile link to private players, or anybody who demands, within 30 days of the application.

BSNL and MTNL had contended that TRAI's direction on opening up of DLC would lead to hoarding of last-mile connections by private operators, rendering the two PSUs uncompetitive, which would affect their operations.

Under these directions (TRAI's regulation), BSNL and MTNL are bound to provide interconnection to the private cellular operator's network at farthest point, which are often considered unprofitable.

Quashing the directions issued by TRAI in 2007, TDSAT bench headed by Justice Arun Kumar said, "Impugned regulations are without jurisdiction and also arbitrary and irrational and void ab initio.

"We accordingly set aside the Domestic Leased Circuits regulation," said TDSAT.