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The Supreme Court on Monday asked the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to rule by December on Bharti Airtel's plea against a telecom department order asking it to stop providing 3G roaming services provided through interconnectivity pacts with other operators.
The top court, however, extended its interim order permitting Bharti to continue providing 3G services in seven circles, but not to enroll new subscribers.
A bench, comprising Justices BS Chauhan and SA Bobde, passed an order to this effect while dismissing Bharti's appeal against a Delhi High Court order dismissing its plea against the DoT order.
The top court had, in an interim order passed on April 11, permitted Bharti Airtel to continue providing 3G services in seven circles in which it does not have licences but operates through inter-connectivity pacts with other 3G licensees.
It had, however, disallowed the company from enrolling new subscribers in these circles. This order will continue till the TDSAT gives a finding on the legality of such pacts.
Airtel services in these circles came under a threat after the high court at Reliance Communication's instance had vacated a stay on a DoT order asking it to pay 350 crore and stop these services.
The telecom department had dubbed these pacts as illegal sub-letting, but Bharti had claimed that these were permissible under the licence regime. No single operator can win in every circle, hence such intra-circle arrangements were a must to ensure seamless continuity, Bharti claimed. On the other hand, RCOM had claimed that it had suffered a 5,000-cr loss in its 3G services despite paying huge licence fees for it.
RCOM argued that not only was Bharti ensuring roaming through such arrangements, but was also selling such services, which was impermissible under the licence regime.
Supreme Court asks TDSAT to decide on Bharti plea by December - The Economic Times
