New Delhi:
The Supreme Court on Monday admitted the petitions filed by the COAI and state-run BSNL challenging the telecom tribunal judgment that upheld the dual spectrum allocation policy allowing Anil Ambani-run RCom and the Tatas to get GSM spectrum for operating mobile services.
A Bench headed by Justice Altamas Kabir, while admitting the pleas of the Cellular Operators Association of India and BSNL, issued notice to parties which were not present in the
court.
The respondents named in the petitions include the Department of Telecommunications, Telecom Regulatory Authority of India, Reliance Communications Ltd, Tata Teleservice Ltd,
HFCL Infotel Ltd and others.
The Telecom Disputes Settlement and Appellate Tribunal on March 31, while rejecting GSM operators' allegations, had upheld the dual spectrum allocation policy allowing Anil Ambani group company RCom and the Tatas to get GSM spectrum or operating mobile services.
The petition filed by the COAI, Bharti Airtel Ltd, Idea Cellular Ltd, Spice Communications Ltd and Vodafone Essar Ltd said that the tribunal had wrongly upheld the DoT's decision to enhance the criteria for allocation of additional spectrum and also upheld dual spectrum allocation policy.
According to the petitions, the TDSAT failed to appreciate that cellular operators had a vested and accrued right to receive spectrum up to 15 MHz.
The COAI said that the National Telecom Policy of '99, which was part of a contractual settlement between the cellular operators and the DoT, promised optimal and adequate spectrum to every operator and cellular operators were to get GSM spectrum up to 15 MHz at specified rates on a revenue-share basis.
The COAI had moved the tribunal after the DoT's decision on October 18, 2007, to amend the telecom licence, allowing CDMA players to enter the GSM mobile space.
The TDSAT, while stating that there was nothing irregular in granting 4.4 MHz as start-up spectrum to RCom, had rejected the GSM group's contention that according to licence
conditions and NTP-99, they have the right to hold spectrum up to 15 MHz.
A Bench headed by Justice Altamas Kabir, while admitting the pleas of the Cellular Operators Association of India and BSNL, issued notice to parties which were not present in the
court.
The respondents named in the petitions include the Department of Telecommunications, Telecom Regulatory Authority of India, Reliance Communications Ltd, Tata Teleservice Ltd,
HFCL Infotel Ltd and others.
The Telecom Disputes Settlement and Appellate Tribunal on March 31, while rejecting GSM operators' allegations, had upheld the dual spectrum allocation policy allowing Anil Ambani group company RCom and the Tatas to get GSM spectrum or operating mobile services.
The petition filed by the COAI, Bharti Airtel Ltd, Idea Cellular Ltd, Spice Communications Ltd and Vodafone Essar Ltd said that the tribunal had wrongly upheld the DoT's decision to enhance the criteria for allocation of additional spectrum and also upheld dual spectrum allocation policy.
According to the petitions, the TDSAT failed to appreciate that cellular operators had a vested and accrued right to receive spectrum up to 15 MHz.
The COAI said that the National Telecom Policy of '99, which was part of a contractual settlement between the cellular operators and the DoT, promised optimal and adequate spectrum to every operator and cellular operators were to get GSM spectrum up to 15 MHz at specified rates on a revenue-share basis.
The COAI had moved the tribunal after the DoT's decision on October 18, 2007, to amend the telecom licence, allowing CDMA players to enter the GSM mobile space.
The TDSAT, while stating that there was nothing irregular in granting 4.4 MHz as start-up spectrum to RCom, had rejected the GSM group's contention that according to licence
conditions and NTP-99, they have the right to hold spectrum up to 15 MHz.
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