Vodafone Essar has questioned the proposal of imposing a one-time charge for extra spectrum held by operators beyond the contracted limit of 6.2 MHz, on grounds that this was in violation of the contract.

According to T.V. Ramachandran, resident director, regulatory affairs and government relations, Vodafone Essar, “Any suggestion or action by the Department of Telecommunications? (DoT) or the Telecom Regulatory Authority of India (TRAI), to charge a one-time fee on 2G spectrum beyond 6.2 Mhz is legally untenable as the consideration has already been paid and is being paid in the form of higher spectrum usage charges.?

Meanwhile, on the issue of the roaming pacts inked between various operators, the company has reiterated its stand that it is prepared to return the 3G spectrum to the government and ask for a refund if the roaming pacts are not permitted.

“DoT cannot withdraw its permission for 3G roaming. We are open to returning the spectrum if the 3G roaming pacts inked amongst the service providers are not permitted,” added Ramachandran.

“A licensee may enter into mutual commercial agreements for intra-service area roaming facilities with other licensed cellular mobile telephone service licensees or unified access service licensees. Further, TRAI can also prescribe tariffs or charges for such facilities within the provisions of the TRAI Act, 1997 as amended from time to time,? said Ramachandran.