Vodafone India has written to the Department of Telecommunications (DoT) expressing regret over the dismissal of former?s application to renew its licences in Delhi, Mumbai and Koltaka circles.
The operator?s licences in Delhi, Mumbai and Koltaka circles are due for renewal in 2014. In its letter, Vodafone India has claimed that DoT?s decision is legally unsustainable. According to the operator, the decision suffers from ?fundamental flaws, contradictions, jurisdictional errors and errors apparent on the face of the record.?
Vodafone has claimed that despite repeated requests, DoT did not offer it any new terms for negotiations. The operator has asserted that it did not seek spectrum for free or on the same terms and conditions. The operator claims that DoT has completely misrepresented its position on the issue of extension of its licences.
Earlier, rejecting Vodafone?s request for extension of licences, DoT had stated that the operator must participate in the auctions to access spectrum at market price because as part of the National Telecom Policy (NTP 2012) the spectrum had been delinked from licence. DoT took a similar stand regarding the requests for extension of licence by Loop Telecom and Bharti Airtel.
However, the operators in their communication to DoT had argued that they were entitled to fair and reasonable extension of licence as per mutually agreeable terms and that the telecom policy and licence agreement provided for continuity. Further, the operators claimed that DoT?s move to withdraw 900 MHz spectrum was against policy and licence provisions.
Vodafone in its communication to DoT claims, ?No opportunity has been provided to us as contemplated under our licence and as directed by the high court in its directions dated February 22, 2013. While ostensibly a hearing was sought to be given, effectively there was no opportunity, no effective and meaningful discussion and neither a consideration of the points being put across by us.?
