Even as the government moves on cancelling licences of 85 GSM mobile players, a fresh round of spectrum war is in the offing with Tata Teleservices filing a case in TDSAT to address what group chairman Ratan Tata has called level playing field issues. The petition will be heard on January 5, 2011.
While the case has been filed against the Union of India (telecom ministry) and the Wireless Planning and Coordination Wing, the petition says "in clear case of discrimination and arbitariness, DoT allocated the spectrum to similarly placed Reliance Communications Limited ( HFCL and Shyam Telelink Limited". The petition adds "the DoT had, even before the issue of Dual Technology Press Note, issued In-Principle Approvals to 3 Applicants i.e. Reliance Communication Limited, HFCL and Shyam Telelink Limited", and "the Petitioners were the first legitimate applicants to apply, on the same day of Press Release ie on 19.10.2007 itself".
Tata Tele has given a list of 39 districts, apart from the Delhi circle, where it has not received spectrum while RComm has got the spectrum in all the areas.
Allotment of dual technology licences forms an important part of the CAG report on the 2G scam, and of the Rs 176,000-crore losses to the exchequer, the CAG says Rs 37,154 crore was on the account of the dual-technology licences. While RComm got licences in 20 circles, HFCL and Shyam in one each (Punjab and Rajasthan circle, respectively), Tata Teleservices got licences in 19 circles. The petition says "....Having met all the criteria the petitioners (TTSL) were entitled to in-principle approval and the allocation of GSM spectrum on October 19, 2007 itself. The DoT, however inexplicably, illegally and arbitrarily withheld the grant of in-principle approval and allocation of GSM spectrum, and on January 10, 2008 - after 83 days of application issued in-principle approval," Tata Tele has said in its petition.
When contacted, a Tata Tele spokesperson declined to comment stating that the matter was sub-judice.
The Tatas argue that even though RComm/HFCL/Shyam got their licences issued a day before the policy was announced, it was still on a par with them as far as spectrum allocation was concerned. On January 10, 2008, when the government issued 122 licences to new firms, the Tatas contend they were still well placed since Datacom was ahead of it in 17 circles and Swan in only Delhi and Mumbai. Therefore, it was second in 17 circles and third in Delhi and Mumbai, it maintains.
On March 4, 2008, however, the company says the government made meaningless amendments in its licence, which resulted in other new telcos moving ahead of it in the queue for spectrum.
When asked for its response, RComm said, "Tata Teleservices has not sought any relief vis-a-vis grant of dual technology approval or allocation of spectrum to RComm." It added that Tata Tata Teleservices applied for dual technology only on October 19, 2007 whereas RComm had applied in February 2006 and the other two operators in August 2006. The Tatas' main grievance, RComm says, is the delay by DoT in issuing the letter of intent after 83 days.
Citing these glaring instances, TTSL has sought TDSAT's intervention and asked for the following: DoT be directed to declare the date of application of entitlement for spectrum as October 19, 2007 and allocate start-up GSM spectrum to TTSL in Delhi circle and 39 districts in 9 other telecom circles.
In the alternative, in case TDSAT ignores the delay of 83 days in granting the in-principle approval by DoT, declare the date of application for spectrum allocation in as 10 January, and that the priority for allocation be established from that date.
