OIL INDIA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a public sector undertaking. It applied for and was granted a license for carrying out NLD operations in terms of Section 4 of the Indian Telegraph Act, 1885 (the Act). It also was granted ISP Registration Certificate. In terms of the said certificate only sum of Re.1.00 only was to be paid. It is not a licensee within the meaning of Section 4 of the Act. No license fee is also payable therefor. With the Registration Certificate granted to the petitioner dated 17.2.2003 a copy of the guidelines for registration of Infrastructure Provider Category -I was also annexed, clause 8 whereof reads as under: 8.The IP -I registered company shall provide dark fibres, Right of Way, duct space, towers on lease/rent out/sale basis to the licensees of telecom services on mutually agreed terms and conditions." The purpose of grant of such certificate, inter alia, is to establish and maintain the assets such as dark fiber, right of way, duct space and tower was to grant of lease/rent/sell basis to the licensees of the telecom services. According to the petitioner its activities under the IP -I Registration and NLD Service License are different being as under: ACTIVITIES CARRIED OUT BY THE PETITIONER /OIL INDIA LIMITED UNDER ITS IP -I REGISTRATION AND NLD SERVICE LICENSE SerialNo. ActivitiesCarried out under the IP -I Registration Whethercarried out under the NLD Service License Activities carried outunder the NLD Service License Whether carriedout under the IP -I Registration 1. Dark Fibers No Switch bearerTelecommunication services over long No

(2.) RIGHT of Way No

(3.) DUCT Space No