The Hindu : National : TDSAT upholds Raja’s policy

Online edition of India's National Newspaper
Wednesday, Apr 01, 2009
ePaper | Mobile/PDA Version

National

National

TDSAT upholds Raja’s policy

New Delhi: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on Tuesday upheld the dual spectrum allocation policy that allowed the Anil Ambani group company RCom and the Tatas to get GSM spectrum for operating mobile services.

Rejecting GSM operators’ allegations, the TDSAT said: “... we do not find any ground to level mala fide intention on the part of the Department of Telecom (DoT) and accordingly hold that the issue of early completion of formalities is not a matter that would require intervention at our level.”

After the DoT’s decision on October 18, 2007 that amended the telecom licence allowing CDMA players to enter the GSM mobile space, the Cellular Operators Association of India (COAI) had questioned the manner in which Telecom Minister A. Raja had implemented the decision.

“We are unable to agree with the COAI that the DoT’s impugned order of October 19, 2007 has disturbed the level-playing field,” the TDSAT said in its judgement, adding that “we hold that there is nothing irregular in grant of 4.4 MHz as start-up spectrum to respondent [RCom].”

The tribunal also rejected the GSM group’s contention that as per the licence condition and the National Telecom Policy of 1999, they have the right to hold spectrum up to 15 MHz.

“We hold that there is nothing in either the NTP-99 or the licence condition or orders to support the contention of the COAI that they have vested right to 15 MHZ,” said the TDSAT Bench while rejecting the COAI’S contention.

Dual technology

The TDSAT also clarified that concept of dual technology under which the CDMA operators such as RCom and others got GSM spectrum was not new.

The Tribunal also slammed sectoral regulator the Telecom Regulatory Authority of India (TRAI) for not being fair enough and doing proper exercise over the concept of technology neutrality. — PTI

Printer friendly page
Send this article to Friends by E-Mail

National