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The department of telecommunications (DoT) has sought legal opinion from the Attorney General of India Goolam E Vahanvati on whether it should allot the initial 4.4 MHz spectrum to Tata Teleservices for the Delhi telecom circle.
Tata Teleservices had paid the requisite fee to the government in 2008, but was not allocated the initial spectrum of 4.4 MHz each for GSM and CDMA licences. At that time, the initial 4.4 MHz of airwave was linked with the licence in each service area.
The Cabinet had decided to allocate the initial spectrum to Tata Teleservices in November 2012, after the 2G spectrum auctions, provided this was available with the government after the auction. According to this, Tata Teleservices should now get spectrum in one of the most-lucrative circles in terms of revenue.
However, on January 31 this year, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) dismissed Tata Teleservices’ petition seeking 4.4 MHz of stat-up spectrum in Delhi and across 39 districts in nine telecom circles. Notably, this is in violation of TDSAT’s own 2011 order, in which it had asked the DoT to allot 4.4 MHz of 2G start-up spectrum to Tata Teleservices.
So far, the company has been unsuccessful in bagging start-up spectrum in the Delhi telecom circle, though it had the letter of intent from the telecom department.
Tata Teleservices became the first dual-technology operator to apply for GSM spectrum on October 19, 2007. Other dual-technology telecom players include Reliance Communications, HFCL and Shyam Telelink. Tata Teleservices has been involved in a tussle with the government after the government’s decision to improve the operations of players, which had already been awarded start-up spectrum, by making additional airwaves available to them on a priority basis.
