Judgment

Pattanaik, CJI.—These appeals are under Section 18 of the Telecom Regulatory Authority of India Act, 1997 [hereinafter referred to as the Act ] against the decision of the Telecom Disputes Settlement and Appellate Tribunal [hereinafter referred to as the tribunal ]. The appellants are Cellular Mobile Service Providers (CMSPs) and the private respondents are the Fixed Service Providers (FSPs). The appellants approached the tribunal under Section 14 of the Act, challenging [he decision of the Government dated 25.1.2001, permitting the Fixed Service Providers to offer WLL with limited mobility. Be it be stated that the appellants had also assailed the recommendations of the Telecom Regulatory Authority of India [for short TRAI] dated 8.1.2001. But after the Government decision dated 25.1.2001, the petition was amended and the subsequent decision of the Government was also challenged. Before the tribunal, large number of issues on facts and law had been raised, which can be broadly enumerated as under:

(i) The decision of the government is vitiated for non-compliance of Section 11(1)(a)(i) of the Act.

(ii) The NTP-1999 never contemplated of WLL with limited mobility and a