The Department of Telecommunications? (DoT) legal wing has supported the views put forward by the department?s other factions which had said that the 3G roaming deals inked between various operators violated licence rules.
DoT’s legal adviser is the Ministry of Law and Justice?s representative in DoT. The legal wing?s report on this issue asks DoT to take administrative steps against the operators and has been sent to the Ministry of Law and Justice.
The report also added that DoT planned to issue notices to the operators to terminate these agreements after obtaining the Ministry of Law and Justice?s clearance.
The legal affairs wing, in its draft report, has endorsed the findings of DoT?s access services wing, which examines all operational issues linked with the sector, and had said that intra-circle roaming was allowed only within a circle where the operator does not have a 3G network.
The access wing had also said that operators could not offer 3G services, declare tariff plans and acquire customers for this service where they have not been allotted 3G airwaves.
In its draft report, the legal affairs wing, has also said that it agreed with the Telecom Regulatory Authority of India?s (TRAI) views on the issue. TRAI had recently told DoT that it has prima facie come to the conclusion that 3G roaming arrangements are a violation of the terms and conditions of the licence.
It also said that if such arrangements were permitted, it could lead to a situation where operators, after entering into commercial agreements for use/leasing of spectrum, will launch any type of service on intra-circle roaming, without having the commercial rights to use the spectrum in that particular service area.
