The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has asked the Department of Telecommunications (DoT) to allot start-up 2G spectrum to Tata Teleservices Limited (TTSL) in Delhi. TDSAT also asked DoT to explain why the process was delayed.
According to Justice S. B. Sinha, chairperson, TDSAT, keeping in mind the policy-related decisions taken between October 2007 and January 2008, TTSL had deposited the complete fee as recommended by the Telecom Regulatory Authority of India (TRAI). Thus, it was entitled to spectrum before Idea Cellular, Unitech and other operators.
TDSAT?s direction will give TTSL access to the Delhi circle, one of the biggest in terms of revenues, besides Mumbai. TDSAT also asked Idea Cellular and Unitech to pay equal litigation costs to TTSL, on grounds that the operators could not claim parity with TTSL by merely submitting their licence fee before it.
TDSAT also rebuked DoT for erroneously categorising TTSL with the new licencees for spectrum allocation. Prior to this, in December 2010, TTSL had asked the tribunal to request DoT to allot it spectrum in Delhi and 39 other districts in nine service areas. Earlier, DoT had rejected the operator’s claim of first-right to 2G spectrum.
In its petition, the operator alleged discrimination and arbitrariness by DoT. It added that under the crossover spectrum policy, Reliance Communications (RCOM), HFCL and Shyam Telelink had received spectrum, despite it holding the first right.
TTSL further contended that DoT had given in-principle approvals to the three applicants, before the issue of the dual technology press note. Also, TTSL had not been given spectrum for 39 districts, while Reliance Communications obtained spectrum in all the areas. TTSL got licences in 19 circles, RCOM had got licences for 20 circles and HFCL and Shyam obtained licences for one circle for Punjab and Rajasthan respectively.
Differences had cropped up between TTSL and the government, after DoT?s legal wing endorsed TRAI?s proposal that stated that additional airwaves should first be given to new entrants, who had already been awarded start-up spectrum, to improve their operations.
