Bharti Airtel moves HC against DoT's notice to stop intra-circle 3G roaming
Telecom service provider Bharti
Airtel<http://economictimes.indiatimes.com/bharti-airtel-ltd/stocks/companyid-2718.cms>BSE
0.15 
%<http://economictimes.indiatimes.com/bharti-airtel-ltd/stocks/companyid-2718.cms>today
moved the Delhi High Court against the Department of
Telecommunication's (DoT) notice asking telecom firms to stop intra-circle 3G
roaming <http://economictimes.indiatimes.com/topic/3G-roaming> services.

In its petition, Bharti Airtel said the "decision of
DoT<http://economictimes.indiatimes.com/topic/DoT>is against the
public interest as it adversely affects the interest of the
customers and the subscribers who are benefiting from the 3G arrangements."

"The impugned decision of the DoT is violative of the fundamental right
under Article 14 (equality before law) of the Constitution as it is
arbitrary, has no rational basis, is illogical and is contrary to the
contract between the parties," the petition said.

The plea sought quashing of the government's September 28, 2012 decision
directing the service providers to stop providing intra-circle roaming
(ICR) services and alleged that the decision is contrary to the interim
orders passed by the Telecom Disputes Settlement and Appellate Tribunal (
TDSAT <http://economictimes.indiatimes.com/topic/TDSAT>).

The Tribunal earlier had restrained the DoT from taking any coercive step
against the firms while hearing a plea against DoT's similar communication
issued in December 2011.

Claiming that Bharti Airtel has successfully bid at the 3G spectrum auction
and has made significant investments, the plea said "The impugned decision
will violate rights of the petitioner under Article 19 (1)(g) of the
Constitution of India, the petitioner (Airtel) having successfully bid at
the 3G spectrum auction and having made significant investments. This will
also adversely affect level-playing field conditions."

"The DoT's decision is contrary to the national and public interest as the
rights of millions of subscribers, enjoying the facility of 3G roaming due
to the ICR arrangements will be affected," as per the petition.




-- 
CA. Rajesh Desai

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