The Department of Telecommunications (DoT) may ask operators to return 3G spectrum, if the roaming agreements between them are found to be illegal.
While three units within DoT and the Telecom Regulatory Authority of India (TRAI) have already said that the 3G roaming arrangements are not in line with the licence conditions, DoT has asked the Ministry of Law and Justice for its view on the issue.
If this takes place, operators like Bharti Airtel, Vodafone Essar, Idea Cellular, Tata Teleservices Limited and Aircel will be impacted as they paid substantial amounts for the 3G spectrum.
The operators themselves have offered to return the spectrum if DoT would not allow them to ink roaming arrangements. However, they have asked DoT for a refund.
The current licence rules permit operators to opt for roaming agreements to allow users to get seamless coverage as they move from one circle to another. However, in the case of 3G services, operators are selling connections even where they do not have spectrum.
Prior to this, DoT?s Telecom Enforcement, Resource and Monitoring (TERM) cell had said that action must be taken against operators who have entered into such roaming deals, whereby a mobile operator without 3G spectrum is able to offer services. The Wireless Planning & Coordination wing, which is responsible for spectrum management, also termed the roaming arrangements as illegal.
TRAI, in its report on the issue, said such an arrangement was not only causing loss to the national exchequer but also affecting the quality of 3G services offered to consumers.
The operators, on their part, have defended their action by saying that DoT itself had clarified before the 3G auction that intra-circle roaming will be permitted.
