The communications ministry has sought legal opinion for the second time if it is duty bound to follow the industry regulator''s advice on policy issues signaling the turf war between the telecom department and the Telecom Regulatory Authority of India is far from over. Last year, the telecom ministry, under former telecom minister A Raja, had got the support of the law ministry to bypass the regulator.

Solicitor general Gopal Subramanium in his legal opinion had said the ministry can change the terms and conditions of existing licences and the Trai's recommendations were not binding on the government. But subsequently, Trai had obtained legal opinion independently on the same subject from former Supreme Court Judge BP Jeevan Reddy, who was also the former chairman of law commission, and noted lawyer Harish N Slave, stating that the telecom department cannot make any modifications to licences of existing mobile phone firms without consulting the authority.

Reddy and Salve had also said the telecom ministry must review the opinion given by the solicitor general. Prior to seeking legal opinion, the regulator had also told the government that it should first consult it before taking any decision on the opinion of the Solicitor General, indicating that it will fight any attempt by the government to bypass it. The telecom department ( DoT) has now decided to send both sets of opinion — the one given by the Solicitor General and that of Reddy and Salve — back to the law ministry wanting the latter to take a final call on this issue, as per an internal note of the ministry reviewed by ET. In the interim period, it has also decided against acting on Gopal Subramanium's opinion. Other ministries will keenly watch these developments, as its outcome will define the scope of regulators in the country.