TDSAT only can adjudicate disputes between DOT and service provider

New Delhi, Jul 10 (UNI) Telecom Tribunal, TDSAT has clarified that it is the ''original authority'' to adjudicate between the government and the telecom service providers.

The tribunal's clarification came close on the heels of DOT's posture that the Telecom Disputes Settlement and Appelate Tribunal TDSAT had no power to adjudicate into agreement DOT had entered with operators.

"Section 14 of the TRAI Act has constituted this tribunal to adjudicate 'any dispute' between a licensor and a licensee (among other players) in the telecom sector," TDSAT Chairman Justice N Santosh Hegde said.

According to TDSAT the Supreme Court had remarked: "it must be held that the power of the appellate tribunal is quite wide. As has been indicated in the statue itself and the decisions of the Supreme Court, dealing with the powers of a court, exercising appellate power or original power, will have no application for limiting the jurisdiction of the TDSAT under the Act".

DoT had also contended that it could alter the agreement in between "as it thinks fit" without any limitations and are entitled to collect revenue from private telecom operators "irrespective of their source and nature of revenue" under section 4 of the Indian Telegraph Act. It can not be challenged even after the acceptance of the offer, DoT contended.

TDSAT however maintained that under section 4 of the Indian Telegraph Act, DoT is confined for "establishing, maintaining and working of telecommunication".

UNI/RT VJ HT1727