Hummm, firstly this is nothing new. The day TRAI and
DOT objected this violation, all 3 operators had threatened to go legal and will ask for exit. Unfortunately that TOI link is not working which is posted in another thread. They had 1st threatened TRAI/DOT, then wrote letter to telecom minister (wahi apna chor Sibal) but didn't got any support and assurance from them. Instead Sibal patted TRAI concerns and asked Telcos to follow TRAI rules.
So, finally they had wrote their concern to the Highest Authority of India , Prime Minister of India. But in this unfortunate scenario when 2G scam trail is going on , even PM is incapable to intervene and provide any alternate solution.
Govt Legal wing had already given a nod to TRAI/DOT allegations . So, No refund and nothing gonna happen. Telcos even know these things but they are taking these steps to make some pressure around TRAI and Govt bodies.
Telcos are saying that they are providing 3G services according to Unified Access Service License (UASL). Lets see what UASL says:
Unified Access Services operators are free to provide, within their area of operation, services which cover collection, carriage, transmission and delivery of voice and/or non-voice messages over Licensee�s network by deploying circuit and/or packet switched equipment.
Further, the Licensee an also provide Voice Mail, Audiotex services, Video Conferencing, Videotex, E-Mail , Closed User Group (CUG) as Value Added Services over its network to the subscribers falling within its service area on non-discriminatory basis. The Licensee cannot provide any service except as mentioned above, which require a separate licence. However, an intimation before providing any other value added service has to be sent to the Licensor and TRAI.
An Unified Access Services licensee can provide wireline as well as wireless services in a service area. Wireless services include Full Mobile, Limited Mobile and Fixed Wireless services. The licensee can also provide various Value Added Services . A restriction for authentication of subscriber terminal has been placed. In case of Limited Mobility facility based on Short Distance Charging Area Linked Numbering Scheme. However, same facility without any restriction can be availed by adopting numbering plan for Cellular Mobile Services and using Home Zone Tariff Schemes.
But UASL also says that they cannot provide those services which require separate licence. And this is were Govt legal Bodies are backing. Also, DoT's Wireless Planning and Coordination (WPC) Wing, which keeps an eye on industry players had also said that the 3G inter-operator arrangements between the Licensee should not be treated as roaming arrangement. It should be treated as sharing of spectrum which is not permitted under the agreements signed with the DoT.
So, There has been a huge lapse while making 3G Roaming Policy duse to which this scenario has arisen.