TATA TELESERVICES LTD TTSL Vs. BHARAT SANCHAR NIGAM LIMITED BSNL

JUDGEMENT

(1.) M/s Tata Teleservices Ltd. (TTSL) has filed this petition challenging the action of the Respondent M/s Bharat Sanchar Nigam Limited (BSNL) whereby it has been asked to pay to the Respondent supplementary amounts by way of Interconnection Usage Charges by a particular date failing which the Respondent has threatened that the points of interconnection between the telecom networks of the Respondent would be disconnected. One of the demand notices is dated 1.6.05 received from the office of the Respondent at Mahbubnagar threatening to disconnect the Points of Interconnection of the Petitioner if an amount of Rs. 21,35,160/- was not paid within 10 days. Other Telecom District offices of the Respondent in Andhra Pradesh had also been raising similar bills claiming payment of arrears. Since a directive dated 27.5.05 had been issued by the office of the Chief General Manager of BSNL, Andhra Pradesh Circle to the various Telecom District Offices, the Petitioner apprehended disconnection notices from these places also. The impugned bills received from these other offices have been listed in para 4 of the Petition and the total demand of such bills comes to Rs. 5,15,11,650/-

(2.) M/s Tata Teleservices is holding a license issued in 1997 under the Indian Telegraph Act by the Government of India for providing fixed line telephone services within the State of Andhra Pradesh. M/s Bharat Sanchar Nigam Limited is a public sector telecom service provider having all India presence with a well established telecom network, including in Andhra Pradesh, and came into existence in October 2000 as a successor entity to the service providing arm of the Department of Telecommunications.

(3.) AT the time of the filing of the above Petition, the legal position in regard to the handover of a call originating from the network of a private service provider located in one Long Distance Charging Area (LDCA) and meant to terminate in a subscriber terminal in the network of BSNL located in another Long Distance Charging Area, stood decided by the order dated 16.8.2004 of this Tribunal in Appeal No. 1 of 2004. BSNL v. TRAI. However in separate proceedings two Appeals filed by another operator namely M/s Bharti Telenet against the determination of TRAI dated 15.6.2001, which also formed the basis of the TDSAT order of 16.8.2004, were pending consideration of this Tribunal as a result of the matter being remanded by the Hon�ble Supreme Court. This eventually got decided on 27.7.2006 by a common order in Appeal No. 1 of 2002 and Appeal No. 9 of 2002 in which the decision of 16.8.2004, referred to above, was confirmed.