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High court allows DoT to process private ISP licences

The Delhi high court today lifted the stay imposed by the Telecom Regulatory Authority of India and allowed the Department of Telecommunication to sell and process application forms to private parties intending to provide Internet services.

Justice Usha Mehra in her interim order, however, ruled that licences for the internet services could be granted only after the court had pronounced a final judgment on the matter.

Overruling the TRAI's ruling that restrained DoT from selling or processing licences to private parties, Justice Mehra made the interim order subject to the final order. The case comes up for further hearing on April 13.

Hearing DoT's appeal against the stay, the counsel for DoT submitted that the TRAI had no jurisdiction to entertain such a matter or pass any such order.

Meanwhile, official sources said the sale of application forms would begin immediately.

On January 15, DoT had issued licence agreements with detailed terms and conditions for Internet service providers, following up on the new Internet policy guidelines announced by the government last November.

But after the TRAI issued its diktat, the sale of application forms, which was to begin on February 18, was held in abeyance.

On March 3, the judge had stayed all proceedings before the TRAI regarding the Mahanagar Telephone Nigam Ltd's entry into cellular services in the Delhi and Bombay circles.

She said the MTNL may carry out preliminary work at its own risk, but the operation of its service would be subject to the outcome of the petition.

UNI

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