Short-term relief for telcos as they can offer the service till Monday.
The Department of Telecommunications (DoT) on Tuesday questioned the jurisdiction of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in hearing a case related to the violation of licence rules pertaining to third-generation (3G) roaming services by operators, including Bharti Airtel, Vodafone and Idea Cellular.
This resulted in a short-term relief for the telcos, as they can continue offering 3G mobile services till coming Monday, the next date of hearing.
DoT, in a notice sent on December 23, had directed these players to stop such services immediately in circles where they did not have the bandwidth. The operators then moved the TDSAT against the order.
| ALARM BELLS RINGING |
| * Dec 23, 2011 — DoT issue notices to Bharti Airtel, Vodafone and Idea to immediately stop 3G services through roaming agreements in circles where they don’t hold 3G spectrum. DoT terms 3G roaming agreements as illegal * Operators move TDSAT quickly, hearing scheduled for next day |
| Dec 24 — Operators get a stay on DoT’s order, as TDSAT directs DoT not to take any ‘coercive action’ till the next hearing on January 3, TDSAT asks operators to submit documents for 3G roaming deals entered between them |
| Jan 3, 2012 — Relief for operators, as DoT questions jurisdiction of TDSAT in matters related to violation in licence conditions. DoT to file a petition on this and operators need to reply to it. Next hearing scheduled on January 9 |
The tribunal asked DoT not to take any “coercive action” against Bharti Airtel, Vodafone and Idea Cellular till on Tuesday on its order to stop 3G mobile services immediately through roaming agreements.
Through the agreements, Airtel, Vodafone Essar and Idea offer services in circles where they don’t hold 3G spectrum.
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While Vodafone has spectrum in nine circles, it offers services in 20 circles. Similarly, Airtel has 3G spectrum in 13 circles, but offers services in 20. Idea Cellular has spectrum in 11 circles, but offers services in 19. The number of circles where 3G spectrum was auctioned last year is 22.
DoT on Tuesday cited a recent judgement of the Supreme Court wherein it had said the tribunal could not entertain a petition altering the licence conditions.
In this regard, DoT on Tuesday filed a petition in the tribunal. TDSAT asked the operators to file their replies to the DoT’s petition by Friday.
There are 10-15 million 3G subscribers in India. Of this, only 25 per cent are active.