TDSAT gives split verdict on 3G roaming pacts

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SME Times News Bureau | 03 Jul, 2012
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) Tuesday gave a split verdict in the 3G roaming case in which mobile operators had challenged a government order asking them to stop offering the services beyond their licensed zones through mutual roaming pacts.

The two members of the bench, comprising chairman Justice (retd) S.B. Sinha and member P.K. Rastogi, had different views on the order, with one favouring the department of telecom that held the roaming pacts illegal while the other supporting the operators who had challenged it.

The TDSAT is short of one judge as the technical member has retired.

Bharti Airtel, Vodafone and Idea Cellular had entered into roaming agreements to offer 3G services such as video calling, mobile TV and multi-media gaming in areas where they did not have 3G spectrum.

The DoT had last December asked the operators to terminate their 3G roaming agreements calling those illegal. The department also said the government was losing revenue because of the agreements.

The operators had then moved the tribunal challenging the DoT order, saying it would harm customers and investment in the sector.

The tribunal has said both sides can appeal to a higher court.

Tuesday's judgement, however, would not affect the services being offered by these operators at the moment.

Following the orders, shares of Bharti Airtel shot up 3.21 percent at Rs.319.80 while that of Idea Cellular by 4.57 percent at Rs.81.25.