Mobile telecom operators of rival GSM and CDMA technologies have both claimed victory over a ruling by the Delhi High Court. The ruling today declined a petition for staying the government's decision to allow use of crossover technology (allowing CDMA operators to launch GSM services) or issue operators spectrum under the policy. But it also made it clear that "anything done by respondent number 1 [the government] in furtherance of an application made by Reliance (for issuing it fresh GSM spectrum under the new policy) will be subject to the outcome of this writ petition".The petition, filed by the Cellular Operators Association of India (COAI) at the end of December, sought a stay on the issuance of fresh spectrum to Reliance Communications (RCom) under the crossover policy. The petition was filed after the telecom tribunal, Telecom Disputes Settlement and Appellate Tribunal (TDSAT), allowed the government to withdraw a voluntary cap on issuing fresh spectrum until the case was heard. The high court also directed the government to produce the application filed by RCom in February 2006 for GSM spectrum and other related correspondence. The next hearing is scheduled for January 31. Welcoming the decision, TV Ramachandran, director general of COAI, said: "It is the second-best thing to a stay order. The court has made it clear that in case the government decides to issue spectrum to crossover technology companies, we can immediately go back to the court. Our affidavits to oppose such a move are ready."
