The Supreme Court is set to hear the Department of Telecommunications? (DoT) plea over an increase in spectrum charges collected from private operators, which was dismissed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), say news reports.
The court has, however, not ordered a stay on TDSAT?s ruling. Passing an order on April 22, 2010, the TDSAT had set aside an order issued by the Joint Wireless Adviser on increasing spectrum charges.
The TDSAT said that such an increase could only be through the Wireless Planning & Coordination Wing (WPC) of the DoT, as per the procedures laid down under the Indian Telegraph Act, 1885.
Passing an order on November 11, 2006, the DoT had increased spectrum charges up to 3.95 per cent of the adjusted gross revenue (AGR) of operators. This was challenged by the Cellular operators Association of India (COAI) and operators including Bharti airtel, Vodafone Essar, Aircel, Reliance Telecom and BPL Mobile who contended that the DoT could not unilaterally modify the AGR and club spectrum under it.
TDSAT had also agreed with these operators and had said that the office orders were not rules, but were merely circular letters. Further, it added that there was nothing on record to show that these circular letters were issued by the authority, who could frame the rules.
