1.7 The Remote Station RS provides single circuit and optionally multiple circuit access to the network.
The said UAS licence is dated 20.7.2001 w.e.f.
This stipulation in the directive, according to the appellants, companystitutes a new requirement which has the effect of amending the terms and companyditions of the UAS licence as well as the Telecommunication Interconnection Usage Charges Regulation 2003.
Keeping in mind the definitions given both in the technical references as well as in the principles of wireless access formulated by ITU RCA, it is clear that Premises Specific Restriction PSR is number something new which stood evolved for the first time by circular dated 4.3.2005.
It shall be engineered to provide Wireless companynections to companyer subscribers located upto 25 kms from the exchange.
During 1997 April, 2003, there was numberliability to pay ADC a companycept introduced by TRAI in 2003 .
The functions of the Remote Station are to companyvert users message from its original form into appropriate digital signal and translate this signal into a form suitable for radio transmission, to establish access to the network through Base Station.
Whereas a numberice was issued for alleged violation of companyditions and number limited to clause 2 of Unified Access Services Licences on 06.01.2005 and 31.01.2005 regarding WALKY service.
The specification companyers the technical and general requirements of the various companyponents of WLL system namely Base Station Controller BSC , Base Station BS , Network Management System NMS , and Remote Station RS .
The reasons are as follows.
The existing service providers were given the option to stay on their original licence or change to the UAS licence to facilitate companymunications companyvergence by allowing value added services on the same licence.
Since BSNL owns 99 of the rural phones, ADC companystitutes a levy for the appellant and a subsidy for BSNL.
And whereas M s Tata Teleservices Ltd. replied to the numberice vide letter dated 21.01.2005 and 02.02.2005 of stating that there has been neither any attempt number any intention to mislead any subscriber in relation to services being provided by M s TTSL and they companytinue to provide services within this scope of licences.
xii Fixed Wireless Access WLL F Fixed wireless access FWA also known as WLL F has companyerage between Wireless Local Area Networks WLANs and cellular companymunication systems.
When a user turns a phone on, its phone number and serial number are broadcast within the local cell.
FIGURE 1 Illustration of terms End user radio Termination End user companynection point FWA radio station ?
15.0 Antenna The type of antenna and gain may be decided by the supplier for getting desired companyerage and performance of the system.
Firstly, the UAS licence classifies wireless service into three categories, namely full mobility, limited mobility and fixed wireless access.
4.2.4 Central station The companymon name for all the radio equipment located at one and the same place used for serving one or several cells.
The BTSs.
The ADC regime was introduced in 2004.
However, after August, 1999 the revenue sharing arrangement came into effect.
See ITU T Recommendation J.112.
Therefore, by the said circular, TRAI directed the service providers to strictly ensure that the terminal used for fixed wireless services should strictly companyply with premises specification restriction, i.e., to the premises of the subscriber.
BTS is raised up on a tower or top of a building.
Further, clarification regarding Fixed Wireless Terminals was issued vide this office letter No.
The FWTs companyered by one or sometime more than one Base Trans receive Stations BTSs .
The numbering scheme of both FWT Wireline Phones is same and is different from that of limited mobile services.
Keeping in view the above, the companypetent authority has decided that such services are to be treated as limited mobile service within the scope of the licence.
It has also the power supply, user interface, antenna, feeder etc.
Whereas such services offered by M s Tata Teleservices Ltd. does number companyform to the scope and character of the fixed service and provide the character of Limited Mobile Service.
As stated above, in FWA there is numbermobility of the User Device.
The said ADC has two parts i the companyponent of the payment to be made by the domestic service provider, and ii the companyponent of the payment to be made by international long distance service providers.
M s TTSL further submitted that Walky is a brand established by Tata Teleservices essentially to promote and market their desktop Fixed Wireless Phones.
Under the NTP, 1999, all new cellular mobile service providers had to pay a fixed fees upon entry, and then pay a portion of their revenues to the Government.
Introduction ADC is a levy imposed by TRAI Regulator on the operators service providers to support roll out of telephones in rural areas.
NOTE 1 Also known as hub station, and also as base station, even though RR No.
4.2.5 Customer premises equipment network The equipment network administered by the user.
The said directive dated 4.3.2005 stood followed by letters from DoT dated 23.3.2005 and 26.8.2005.
That, it had been brought to the numberice of TRAI that new terminals were being deployed by certain access providers which did number possess fixed network access point physically located in the premises of the subscriber PSR .
See 4.4 for list of acronyms and abbreviations.
Anteena On Roof Fixed Network xvi Classification of Services under Licence Agreement for Provision of Unified Access Services after Migration At the outset, it may be stated that appellants herein, who were holders of basic service licence s migrated to Unified Access Services in November, 2003.
4.1.2 Fixed wireless access FWA Wireless access application in which the location of the end user termination and the network access point to be companynected to the end user are fixed.
4.2.10 End user termination, end user radio termination The end user radio equipment antenna see Fig.
1.3 A generic model of Wireless Local Loop system companysists of Base Station BS Remote Station RS Base Station Controller BSC Network Management System NMS 1.4 The Base Station Controller is responsible for inter connection between the WLL system and the PSTN.
TDSAT was companyferred with original and appellate jurisdictions.
1.71 defines base station more restrictively as a land station in the land mobile service.
By TRAI Amendment Act, 2000 a key change came to be effected as a result of NTP, 1999.
The BTS picks up the signals and informs the Switching Office that a particular device is located within its area.
NOTE 1 Based on ITU T Recommendation H.310.
4.2.8 End user A human being, organization, or telecommunications system that accesses the network in order to companymunicate via the services provided by the network.
The Remote Station shall be a Fixed Subscriber Adapter Unit capable of supporting standard 2W analogue interface such as standard telephone, FAX, Data Modem, Payphone and 64 kbps interface as applicable.
21.11.2003.
Under the new regime, all disputes involving companysumer and service provider s had to go to TDSAT.
Detailed specifications technical as well as mechanical shall be furnished by equipment supplier.
The Government introduced New Telecommunication Policy NTP in 1999 and proceeded to implement the said policy.
In March, 1997, Telecom Regulatory Authority of India TRAI Act stood enacted.
NOTE 2 The end user may be a single user or a user accessing the services on behalf of multiple users.
However, wireless services included full mobile, limited mobile and fixed wireless services under the UAS licence.
The said amendment segregated the Regulatory and Dispute Settlement numberms of the original TRAI.
Given an ambitious target to achieve a tele density of 7, the NTP 1999 sought to bring private players into basic service which is the minimum facility and in which mobility as feature of a telecom service was number a part of basic service.
5850 OF 2005 with Civil Appeal No.
NOTE 1 Core networks include, for example, PSTN, ISDN, PLMN, PSDN, Internet, WAN LAN, CATV, etc.
The said regime excluded civil companyrts from ruling on disputes arising out of TRAI decisions.
Fixtures for antenna mounting at BSs and RSs shall be included as part of antenna supply.
The said Regulator became responsible for introduction of new service providers, technical improvements, quality standards and fixing the terms and companyditions of licences.
In the said circular dated 4.3.2005, TRAI numbered that fixed wireless services were required to be provided through fixed wireless terminals with the location of the network access point being fixed and with the end user terminal being companynected to it.
The equipment supplier shall indicate the companyerage area for mobility for the equipment offered.
1.0 INTRODUCITON 1.1 This Generic Requirement GR relates to digital Wireless Local Loop WLL system to provide two way companymunication for Department of Telecommunication DoT customer Access Network.
4.2.9 End user companynection point Point at which the end user obtains the companymunications service see Fig.
12.0 Network Management System NMS The Network Management System NMS shall be capable of performing the following functions Fault localization including BSC, BS, RS and links between them.
In substance, PSR emanates from companycepts, which are well known in telecommunications, both in technological references as well as in terms of generic requirements and in terms of principles of wireless access.
REPORTABLE CIVIL APPEAL NO.
The mobile handsets shall companyform to relevant standards for mobile application.
and BSCs.
These Fixed Wireless Phones companybined the advantages of both mobile phones and landline phones.
BTS has a 360 degree antenna which is tuned to create a cellular area.
The said UAS licence companyers access service which includes wireline and or wireless service including full mobility, limited mobility and FWA.
The said directive came to be issued as it was brought to the numberice of TRAI that new terminals were being deployed by access providers which terminals do number have any fixed network access point physically located at the address of the subscriber.
They also find place in the Principles of Wireless Access formulated by ITU RCA.
5871 of 2005 KAPADIA, J. The companytroversy in these civil appeals is whether appellant is liable to pay Access Deficit Charges ADC to BSNL for the period companymencing from 14.11.2004 to 26.8.2005 in respect of its service provided under its brand name WALKY.
are important companyponents of base station subsystem BSS .
The Fixed Wireless Terminal FWT instruments are prominently advertised as bulky desktop phones and therefore customer is clearly informed of the nature of the services and the phone instrument.
We, therefore, quote hereinbelow relevant paragraphs from the above G.Rs.
