TDSAT dismisses RCom plea to make TRAI party in 2G case

TDSAT's interim order came over petitions filed by Tata Teleservices and Reliance Communications against the DoT seeking allocation of additional spectrum before the proposed auction of airwaves later this year.

The tribunal, however, allowed the pleas of GSM industry body Cellular Operators' Association of India (COAI) to be an intervener in the petitions of Tata Teleservices and RCom on additional spectrum and allowed them to file additional relevant documents.

COAI had requested the tribunal to implead in the matter and allow it to put its view as the matter was important for them. A TDSAT bench headed by Justice SB Sinha said COAI can be an intervener and file documents to supports its claims.

However, the tribunal was of view that TRAI has no role in allocation of spectrum and its role was only to recommend. It was on the DoT to accept or reject such recommendations, it added.

"The TRAI has no final authority in the matter. In that view of the matter, we are of the opinion that TRAI is not a necessary or proper party nor its presence for resolution of the dispute is necessary," said the TDSAT.