NEW DELHI, April 13: The Delhi High Court today directed the Department of Telecommunication (DoT) not to give actual licence to Mahanagar Telephone Nigam Ltd (MTNL) for operation of cellular service in Delhi and Mumbai.Clarifying the earlier order, Justice Usha Mehra said but, the stay on all proceedings before Telecom Regulatory Authority of India (TRAI) would continue.Acting on an appeal against a TRAI order restraining Nigam from entering into cellular service, the High Court had, on March 3, allowed Mahanagar Telecom Nigam Ltd to carry out preliminary work at its own risk, but the operation of service was made subject to final order in the petition filed by DoT.
The clarification came when counsel for respondent, Cellular Operator Association of India (COAI), K K Venugopal sought modification in the High Court order dated March 3.
Venugopal contended that under the pretext of the court's order, DoT might actually create third party right by giving licence to MTNL for cellular service and otherprivate Internet Service Providers (ISPs). The judge asked Department of Telecommunication not to give actual licenses to ISPs till the final disposal of this petition filed the department.
The court also directed the parties to file their replies within one week. The matter will come up for hearing on May 6.
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