COAI Petition: HC issues notices to Centre, RCom

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Agencies

Posted online: Thursday , January 03, 2008 at 12:00:00
Updated: Thursday , January 03, 2008 at 12:56:23

New Delhi, January 3: The Delhi High Court on Thursday issued notices to the Union Government, telecom regulator TRAI, Reliance Communication and Tata Teleservices on a petition filed by COAI against sectoral tribunal TDSAT order allowing the Centre to allocate spectrum and issue licences.

Justice Gita Mittal also sought a response from HFCL, Shyam Telelink, BSNL and MTNL on the issue within one week and rejoinder, if any, within a week thereafter.

The court, while issuing notices, also said that "anything done by respondent number 1 (Centre) in furtherance of an application made by Reliance will be subject to the outcome of this writ petition."

The court also directed the Centre to produce the application filed by RCom in February 2006 for GSM spectrum.

Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on December 12 had refused to stay the issuance of new licences to those who had applied as of September 25.

The government had said before TDSAT that it would go ahead with the allotment of start-up spectrum to new players and Tata Teleservices' application for use of cross-over technology would be considered favourably.

According to Cellular Operators Association of India (COAI), the TDSAT order would allow the government to proceed with the allocation of GSM spectrum to CDMA operators, creating irreversible third party rights.

The government had on October 19 announced new norms that allowed use of dual technology by a single operator in the same circle and enhanced subscriber base for allocation of additional spectrum.

However, COAI had challenged the norms in TDSAT. After this, the government had also set up an official panel to review the Telecom Engineering Center's recommendations of spectrum allocation.

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