The issue is as follows: Flag had wanted access to Mumbai landing station of Flag Europe Asia cable (FEA) so that it could enhance its cable’s capacity. The Flag cable, which stretches from England to Japan and passes through 15 countries, touches India at the ‘Mumbai landing station’ which is controlled by Tata Communications. Due to technological advances, Flag wanted to enhance the capacity of this cable system from 10 Gbps to 80 Gbps, for which it had sought access to Mumbai landing station from the Tatas.
Tata Communications rejected the Flag demand as it was of the view that under the Construction and Maintenance Agreement between the two companies, it was not under any obligation to grant access to Flag.
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