Tribunal rejects BSNL's plea on call data record request
New Delhi: Telecom tribunal TDSAT Monday dismissed state-run BSNL's plea to direct Reliance Communications and Tata Tele Services to furnish the Call Data Record of their walky services for the period between February to November 2004 for levy of interconnection usage charge.
Dismissing the claims, Telecom Disputes Settlement and Appellate Tribunal said it has "undergone into the question of quantum of IUC charges payable by Tata and Reliance having regard to the decision of Supreme Court of India".
It further said "The Supreme court in its judgement has clearly mentioned the period in question to be November 2004 to August 26, 2005".
"This Tribunal is, therefore, of the opinion that the question of reopening the issue does not and cannot arise. The said prayer of BSNL is, therefore, rejected," said the TDSAT bench headed by its Chairman Justice S B Sinha.
The Supreme Court had on April 2008 held 'Walky' services of Tata Teleservices and 'Unlimited Cordless' of RCom as mobile phone and not as fixed land line and had directed both of them to pay IUC charges to BSNL applicable on it.
BSNL has moved a plea before the tribunal to direct Tata Teleservices and RCom to provide CDR between February to November 2004 for levy of IUC.
It was opposed by Tata group firm and Rcom contending that the PSU was not entitled for CDR of that period.
Agreeing with them, TDSAT said,"in my opinion, it would not be appropriate to allow BSNL now to urge that the data in respect of P1 period (February to November 2004) should also be directed to be furnished".
An operator pays interconnect user charges (IUC) to BSNL for landing calls of its user on its network.
TDSAT said that in its earlier order dated February 22, 2011 and May 14, 2012 had "clearly directed that controversies between the parties should be narrowed down and the CDRs may be exchanged for the period of November 14, 2004 to January 31, 2005 and February 1, 2005 to February 2, 2006".