New Delhi: The Supreme Court on December 17 set aside a telecom tribunal order upholding the government's decision to allow basic telephone operators to provide limited mobility on wireless in local loop (WLL-M).

A three-judge Bench headed by the Chief Justice G B Pattanaik while setting aside the Telecom Dispute Settlement Appellate Authority (TDSAT) order sent back the matter for fresh adjudication on the validity of government's decision to allow WLL- M facilities to basic operators.

Though the court allowed the appeal of the cellular operators, it refused to stay fixed service providers from taking new subscribers on WLL-M. "We do not accept the contention of cellular operators to restrain fixed service providers from taking new subscribers on WLL-M as it will be detrimental to the consumer interest," the Bench also comprising Justice H K Sema and Justice S B Sinha, said.

The court, however, said the issue of allowing basic service providers to provide WLL-M will be subject to the final outcome of the verdict of the TDSAT.

Supreme Court directed TDSAT to freshly adjudicate the matter while keeping in mind the contentious issue of level playing field raised by the cellular operators.

The Bench said TDSAT had not considered relevant material, especially the issue of level playing field, and the bold conclusion of TDSAT that cellular operator have been adequately compensated "cannot be held to be a proper conclusion".

PTI