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Tribunal seeks clarity on roaming pacts

New Delhi, May 14 (PTI): Telecom tribunal TDSAT today directed private operators to submit the documents regarding agreements between them on sharing revenue on international roaming calls.

“Produce the accounting papers and papers showing revenue distribution between private operators of roaming charges,” a telecom disputes settlement and appellate tribunal (TDSAT) bench, headed by Justice Arun Kumar, said.

The bench was hearing a cross-appeal filed by BSNL and the Cellular Operators Association of India (Coai) against telecom regulator Trai over revenue share on roaming calls. During the proceedings, BSNL, which is seeking a higher booty on international calls, opposed Trai’s regulation on roaming calls. It contended that telecom firms are charging more than Rs 100 per minute for international roaming using its network.

“If they are charging extra by using our network... Then (they should) pay us extra. We are entitled for that,” the BSNL counsel said.

Opposing Trai regulation on roaming, which entitles it to only 30 paisa per minute as revenue, the state-run telecom giant argued the regulator had no right to intervene into the interconnect agreements signed by it with private operators.

BSNL contended in a previous ruling that the TDSAT had directed the regulator not to supervise the interconnect agreements as it was on mutually negotiated terms and conditions. “Trai has no jurisdiction to intervene into interconnect agreement between the parties,” the BSNL counsel said.

BSNL has already entered into an agreement with telecom firms on this issue and is charging more.

BSNL also opposed Trai’s concept on terming the extra amount charged on the roaming as a component of access deficit charge (ADC), which is used for funding its non-profitable rural operations.

”This is not ADC. This is simply extra money and they need to share it,” the public sector company said.

On this, Trai said its new roaming regulation was cost-based and it had tried to balance consumers’ interest with that of service providers. “This regulation were brought after consultations from all operators,” the Trai counsel said.

On being asked why it left international roaming out of the purview of the recent regulation, Trai replied it would be sorted out soon. The bench has listed the matter on July 14 for next hearing.

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