Hence, it would not be unfair to assume that the changed telecom scenario, particularly, after the introduction of cellular mobile telephone service and realities on the ground may have been one of the factors prompting for amending the definition of the term ‘local area’ as contained in Rule 2(w) of the Indian Telegraph Rules, 1951, and making the same co-terminus with short-distance charging area (SDCA) on 15.8.1998. While the short-distance charging area corresponds to a geographical limit of about 50 Kms radius, the earlier definition under Rule 2(w) prescribed the limit of 5 Kms radius from the main telephone exchange. Taking a purely technical and legalistic interpretation of the definition of local area as contained in Rule 2(w) in the case of cellular mobile telephone service would imply that the petitioners in Petition No.8 of 2002 and Petition No.11 of 2002, would be entitled to provide cellular mobile service only in a radius of 5 Kms from the Gurgaon Main Telephone Exchange leading to an absurd situation and ignoring the principle of contiguity and community of interest. Respondent No.1 has not given a satisfactory explanation as to why the service area of Delhi Metro Circle was described as “Local Area served by Delhi, Ghaziabad, Faridabad, Noida and Gurgaon Telephones” instead of “Local Area of Delhi, Ghaziabad, Faridabad, Noida and Gurgaon Telephones” which would have put the statutory position of Rule 2(w) of Indian Telegraph Rules firmly in place in such licenses. This is particularly so because the Respondent No.1 took particular care to spell out in clear detail the service areas in the tender for basic services by specifying Local Areas as “the area within 5 Kms radial distance from a telephone exchange or such area where the Telecom Authority has declared/declares any area served by an exchange system to be local area for the purpose of telephone connection”. There is also no explanation as to why, approximately around the same time, the Respondent No.1 felt compelled to define precisely the local area in respect of basic services and ignore the same in respect of cellular services if Rule 2(w) of Indian Telegraph Rules was equally applicable in both the cases.
