CELLULAR OPERATORS ASSOCIATION OF INDIA & ORS. VERSUS TELECOM REGULATORY AUTHORITY OF INDIA

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1563 OF 2007

CELLULAR OPERATORS ASSOCIATION

OF INDIA & ORS. … APPELLANTS

VERSUS

TELECOM REGULATORY AUTHORITY

OF INDIA & ORS. … RESPONDENTS

 

Appellant Nos.2 to 10 are private GSM cellular operators and the first appellant is their Association. They have been issued licences by the Central Government, Department of Telecommunication (hereinafter referred to as ‘DoT’) under Section 4 of Indian Telegraph Act, 1885 to establish, maintain and operate cellular mobile telephone services/unified access services in their respective service areas. The first respondent is Regulatory Authority established under Section 3 of the Telecom Regulatory Authority of India Act, 1997 (hereinafter referred to as ‘TRAI Act’).The first respondent-Authority issued a directive dated 27th February, 2006 wherein appellants – private mobile service providers in the four States of Maharashtra, West Bengal, Tamil Nadu and Uttar Pradesh were directed to discontinue differential tariffs levied in the aforesaid four States for calls terminating in the network of Bharat Sanchar Nigam Limited (hereinafter referred to as ‘BSNL’)/ Mahanagar Telephone Nigam Limited (hereinafter referred to as ‘MTNL’) as compared to calls terminating in the network of other private operators in another citing it to be discriminatory and inconsistent with the amended licence condition notified by the DoT on 20th May, 2005. The appellants complied with the directive dated 27th February, 2006 and submitted compliance report to the Authority….read more