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SC admits COAI's petition against WLL services
November 10, 2003 11:57 IST
The Supreme Court on Monday admitted the petition of Cellular Operators' Association of India challenging a telecom tribunal verdict allowing WLL services to basic telecom operators.
A bench comprising Justice S Rajendra Babu, Justice A R Lakshmanan and Justice G P Mathur also issued notices to the Centre on the interim prayer of the petitioners seeking stay of the service.
COAI had challenged the August 8 decision of Telecom Dispute Settlement and Appellate Tribunal, given by its "two non-judicial members", and said the minority verdict of the tribunal's chairman Justice D P Wadhwa that had termed WLL services as illegal should be upheld, as it was the correct interpretation of the New Telecom Policy-1999.
The petition said Justice Wadhwa's view was "the first definitive pronouncement in relation to the rights of licencee and the obligation of a licensor and as to whether government as a licensor can unilaterally and arbitrarily alter the basic and fundamental terms of the licence agreement."
COAI, which has been involved in a legal battle against WLL services for the past two years now, has raised questions of law as to "whether WLL now found permissible by the majority judgment is in effect a permission to provide cellular mobile service and therefore contrary to New Telecom Policy of 1999" in its petition before the Supreme Court.