TDSAT notice to BSNL on FWT

Telecom tribunal TDSAT issued notice to state-owned telecom major BSNL on a petition challenging its decision to charge Rs 16 crore from a telecom operator in Punjab for allegedly providing mobile service through its fixed wire telephone (FWT).

New Delhi, Sept 22: Telecom tribunal TDSAT issued notice to state-owned telecom major BSNL on a petition challenging its decision to charge Rs 16 crore from a telecom operator in Punjab for allegedly providing mobile service through its fixed wire telephone (FWT).
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) also restrained Bharat Sanchar Nigam Ltd (BSNL) from taking any coercive steps to recover the amount from HFCL Infotel, which has alleged that BSNL had wrongly inferred that the company was providing mobile service.

Senior advocate Mukul Rohatgi, appearing for HFCL Infotel, contended that FWTs are neither mobile nor portable and in any case under "inter connect agreement" BSNL could not make any claims beyond two months or say it could have made claims with retrospective effect.

However, BSNL's counsel Maninder Singh said the claim of Rs 16 crore was on the ground that the FT, which is wired to the wall should be treated as WLL (M).

To buttress his point, Singh cited a TDSAT judgment which in 2005 had ordered in similar cases of Tata Walky and Reliance that their services were at par with mobile services and hence it would be considered as mobile phone.

Bureau Report

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