Bharat Sanchar Nigam Limited (BSNL) has said that private operators have acquired 3G subscribers by entering into illegal inter-circle roaming agreements in circles without having the designated spectrum, say news reports.

BSNL has filed an application before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in this regard. Its application alleged that Bharti Airtel, Vodafone Essar, Idea Cellular, Tata Teleservices Limited and Aircel are providing 3G services by misrepresenting the facts before the public on the strength of illegal arrangements or agreements entered by them.

BSNL stated, “In some telecom service areas, without paying for 3G spectrum or investing a single penny in setting up telecom infrastructure, networks, etc, these operators are illegally acquiring and continue to acquire subscriber by misrepresenting that they can provide 3G services.?

The PSU further said, “Such illegal roaming arrangements for providing 3G services to a subscriber through roaming is prohibited and against the terms and conditions of licence and roaming guidelines issued by the Department of Telecommunications (DoT)”.

BSNL also said that it was against the National Telecom Policy of 1999.  It also alleged that the telecom operators distorted the 3G auction conducted by DoT on April 19, 2010 by cartelisation and collusion and hence duped the state exchequer and BSNL of huge sum of money.

Contending that it bore a huge loss on account of the illegal 3G roaming pacts, BSNL requested the tribunal to “pass an interim order restraining the petitioners (operators) from providing 3G services to its subscribers where they have no authorisation to do so”.

The private operators are to file their reply on BSNL?s application before the tribunal this week.