CELLULAR OPERATORS ASSOCIATION OF INDIA Vs. TELECOM REGULATORY AUTHORITY OF INDIA

JUDGEMENT

(1.) VIDE this Appeal, the Appellants have challenged The Telecommunications Interconnection Usage Charges (Sixth Amendment) Regulation (1 of 2006) dated 23.2.2006 (hereinafter referred to as the impugned Regulation), issued by the Respondent - Telecom Regulatory Authority of India (hereinafter referred to as the Authority).

(2.) The case of the Appellants is that vide a Regulation dated 24.1.2003, the Authority had fixed the Mobile Termination Charge payable to Cellular Mobile operators in Metro areas at Rs. 0.30 per minute and for other Circles, it was fixed at Re. 0.40 per minute. Subsequently, the Authority had, despite representations from the Appellants, issued the IUC Regulation, 2003 dated 29.10.2003 fixing a uniform rate of Re. 0.30 per minute. It is contended that the Appellants thereupon protested against this fixation but the Authority did not consider the same.

(3.) AFTER the pleading were completed, this matter was heard by us along with Appeals No. 6 of 2006, 5 of 2007 and 5 of 2008, relating to Access Deficit Charge (ADC) fixed vide the impugned Regulation as well as subsequent IUC Regulations of 2007 and 2008. We, however, notice that the subject matter of Mobile Termination Charge is part of Interconnection Usage Charges which is different from Access Deficit Charge, although both figure in the same impugned Regulation(s). Besides, the Authority has subsequently issued the Telecommunication Interconnection Usage Charges Regulation (Tenth Amendment) 2009 dated 9.3.2009 which was assailed before us by various parties in Appeals No. 2 of 2009, 3 of 2009, 4 of 2009, 5 of 2009, 6 of 2009 and 7 of 2009. A date has been fixed separately for hearing of these Appeals.