New Delhi:
The focus of the 2G spectrum allocation scam investigations has, so far, been on the grant of licenses to new players in 2008.
But another aspect of the scam which is now under the scanner is the Telecom Ministry's decision to allow CDMA players like Reliance Communications (RCoM) to cross over to using GSM technology. The Cellular Operators Association of India (COAI), a lobby for the GSM operators, went to court against the ministry's decision in 2009.
The COAI says this change in policy, made by the ministry in 2007, when A Raja was the Telecom Minister, benefitted CDMA players - Reliance Communications and Tata Teleservices.
On Monday, the COAI counsels requested the bench comprising Justices Altamas Kabir and Cyriac Joseph to transfer its plea before the bench of Justices G S Singhvi and AK Ganguly, who are hearing the 2G spectrum allocation case.
Justices Kabir and Jospeh allowed the COAI to take its plea on dual technology case to the bench hearing the 2G spectrum allocation scam headed by Justices Singhvi and Ganguly.
But Justices Singhvi and Ganguly refused to hear the COAI's plea on dual technology without the Chief Justice of India directing them to do so as the case is pending before another Bench.
The Bench said, "Unless the order of the CJI is not there, we will not take up the case."
The Bench of Justices Singhvi and Ganguly has ordered a court-monitored probe by CBI and Enforcement Directorate in the alleged scam involving former telecom Minster Raja who, the government's auditor says, has caused a presumptive loss of Rs 1.76 lakh crore to the exchequer.
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT), on March 31, 2009, had upheld Department of Telecom (DoT) dual spectrum allocation policy allowing Anil Ambani group company RCoM and Tata Tele - who operated CDMA based cellular services - to get GSM spectrum for operating services.
TDSAT stated that there was nothing irregular in granting 4.4 MHz as start-up spectrum to RCoM.
Tata- RCoM Spectrum war intensifies
RCoM, a Anil Dhirubhai Ambani Group (ADAG) company, had last week justified the crossover decision by saying that not only them, but Tata Teleservices, another CDMA player also benefited. But today, the Tatas lashed out at RCoM, saying that they should not be clubbed with them, and questioned the manner in which RCoM was granted cross-over license. (Read: TATA group responds to ADAG charges)
In a statement the Tata Group company said, "Tata Teleservices was the only operator, amongst those named above, to apply for Dual-Technology License after the 19 October 2007 announcement by the Department of Telecommunications. It is hence unfair and incorrect to compare TTSL with the other applicants, who had applied before the policy was announced. This has also been validated in the CAG Report. It is indeed special and intriguing that Reliance Communications and two other operators applied and got DoT approval even before the policy was announced.
Tata Teleservices Limited and Tata Group are not family-owned or family-run concerns, or owned by Mr Ratan Tata. Hence, to refer to them as 'Shri Ratan Tata group's Tata Teleservices Limited' is not appropriate.
In its prompt response, a RCoM spokesperson said, "The frivolous grounds raised by Tata group against RCOM dual tech approval stand rejected by Hon'ble Delhi HC way back in 2008 and TDSAT in 2009.Very suspicious to see Shri Ratan Tata suddenly disowning Tata Teleservices as not being "Ratan Tatan's company" - there appears to be more than meets the eye. Shri Ratan Tata putting a distance between himself and his group, and Tata Tele, completely in conflict with documents, letters, etc. on record."
But another aspect of the scam which is now under the scanner is the Telecom Ministry's decision to allow CDMA players like Reliance Communications (RCoM) to cross over to using GSM technology. The Cellular Operators Association of India (COAI), a lobby for the GSM operators, went to court against the ministry's decision in 2009.
The COAI says this change in policy, made by the ministry in 2007, when A Raja was the Telecom Minister, benefitted CDMA players - Reliance Communications and Tata Teleservices.
On Monday, the COAI counsels requested the bench comprising Justices Altamas Kabir and Cyriac Joseph to transfer its plea before the bench of Justices G S Singhvi and AK Ganguly, who are hearing the 2G spectrum allocation case.
Justices Kabir and Jospeh allowed the COAI to take its plea on dual technology case to the bench hearing the 2G spectrum allocation scam headed by Justices Singhvi and Ganguly.
But Justices Singhvi and Ganguly refused to hear the COAI's plea on dual technology without the Chief Justice of India directing them to do so as the case is pending before another Bench.
The Bench said, "Unless the order of the CJI is not there, we will not take up the case."
The Bench of Justices Singhvi and Ganguly has ordered a court-monitored probe by CBI and Enforcement Directorate in the alleged scam involving former telecom Minster Raja who, the government's auditor says, has caused a presumptive loss of Rs 1.76 lakh crore to the exchequer.
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT), on March 31, 2009, had upheld Department of Telecom (DoT) dual spectrum allocation policy allowing Anil Ambani group company RCoM and Tata Tele - who operated CDMA based cellular services - to get GSM spectrum for operating services.
TDSAT stated that there was nothing irregular in granting 4.4 MHz as start-up spectrum to RCoM.
Tata- RCoM Spectrum war intensifies
RCoM, a Anil Dhirubhai Ambani Group (ADAG) company, had last week justified the crossover decision by saying that not only them, but Tata Teleservices, another CDMA player also benefited. But today, the Tatas lashed out at RCoM, saying that they should not be clubbed with them, and questioned the manner in which RCoM was granted cross-over license. (Read: TATA group responds to ADAG charges)
In a statement the Tata Group company said, "Tata Teleservices was the only operator, amongst those named above, to apply for Dual-Technology License after the 19 October 2007 announcement by the Department of Telecommunications. It is hence unfair and incorrect to compare TTSL with the other applicants, who had applied before the policy was announced. This has also been validated in the CAG Report. It is indeed special and intriguing that Reliance Communications and two other operators applied and got DoT approval even before the policy was announced.
Tata Teleservices Limited and Tata Group are not family-owned or family-run concerns, or owned by Mr Ratan Tata. Hence, to refer to them as 'Shri Ratan Tata group's Tata Teleservices Limited' is not appropriate.
In its prompt response, a RCoM spokesperson said, "The frivolous grounds raised by Tata group against RCOM dual tech approval stand rejected by Hon'ble Delhi HC way back in 2008 and TDSAT in 2009.Very suspicious to see Shri Ratan Tata suddenly disowning Tata Teleservices as not being "Ratan Tatan's company" - there appears to be more than meets the eye. Shri Ratan Tata putting a distance between himself and his group, and Tata Tele, completely in conflict with documents, letters, etc. on record."
Track Latest News Live on NDTV.com and get news updates from India and around the world
