Passing an interim order, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed the government to reduce Uninor?s bank guarantee by 50 per cent.
Uninor had submitted a financial bank guarantee (FBG), of Rs 6.3 billion at the time of receiving spectrum for 22 circles. According to TDSAT, since no new demands have been raised by the Department of Telecommunications (DoT) against Uninor, therefore the operator is entitled to get relief and its FBG should be reduced. The tribunal has also asked Unitech Wireless, which operates services under Uninor brand, to give an undertaking that if any dues are found payable to DoT, it will compensate the same through FBG.
TDSAT?s order came over a batch of petitions filed by Uninor, seeking review of its FBG by DoT. The operator claimed that it has already paid the adjusted gross revenue or the licence fee for two quarters and thus, as per the terms and condition of its license, DoT should now reduce its FBG.
DoT, however, has opposed the operator?s claim on the grounds that the assessment for the years 2007-2008, 2008-2009, 2009-10 and 2010-2011 were under process. Moreover assessment for 2011-12 is yet to be commenced and Uninor was yet to submit required documents. DoT, further stated that since Uninor?s licences have been cancelled by the Supreme Court, its FBG should not be revised till the time operator clears its pending dues.
