Delhi High Court dismisses TRAI petition

NEW DELHI: The Delhi High Court today dismissed the Telecom Regulatory Authority of India's (TRAI) petition questioning the Telecom Disputes Settlement & Appellate Tribunal's (TDSAT) jurisdiction to entertain the appeals against the regulator's decision.

The court said that TRAI's regulations - apart from those listed in Section 36 of the TRAI Act on issues like Access Deficit Charge and interconnection - were mere decisions on which appellate authority TDSAT is empowered to adjudicate.

“The Appellate Authority is specifically empowered to hear and dispose of appeals against directions, decisions and orders of the TRAI Act,” the High Court said in its judgement.

TRAI is entitled to make regulations only on those subjects listed in Section 36 of the TRAI Act. ADC regulations and other similar pronouncements are therefore not in nature of regulations as contemplated in Section 36.

“Both the appellate forum (TDSAT) and the TRAI consist of experts who are required to go into technical questions, which arise for consideration. Appellate authority is specifically empowered to hear and dispose of appeals against directions, decisions and orders of TRAI,” the judgement said.

The TDSAT had been set up under Section 14 of the TRAI to adjudicate disputes and dispose of appeals with a view to protect the interests of service providers and consumers of the telecom sector and to promote and ensure orderly growth of the telecom sector.

The functions of the appellate tribunal are to adjudicate any dispute between a licensor and licensee, between two or more service providers, between a service provider and a group of consumers, and to hear and dispose of appeals against any decision or order of TRAI.