The department of telecommunications (DoT) plans to take legal opinion on whether to issue showcause notices to companies which gave their allotted spectrum for 3G services to other operators.
“We may take legal opinion regarding the issue, as there is a prima facie violation of licence conditions by these firms,” said a DoT internal note.
The matter with regard to ‘takers’ of spectrum has been pending with telecom tribunal TDSAT, the department said. The names of the companies in question could not be ascertained from DoT.
DoT had issued notices for stopping of 3G (third generation) services to some of the companies which had signed roaming agreements with counterparts in circles where they did not have 3G spectrum. Bharti Airtel, Vodafone and Idea Cellular had challenged DoT’s notice at the TDSAT, which asked DoT not to take any coercive steps. The matter is still pending there.
“These companies have shared spectrum with other companies who have been found guilty of (such) use, as it is in violation of their licence conditions. This is further emphasised by the fact that some companies are givers in some places and takers in some places,” DoT said in the note.
“Prima facie, there is a case of violations of licence conditions against the companies as giver of spectrum. In view of the various offences and also the fact that the matter is sub judice in respect of takers of spectrum, we may take legal opinion regarding issue of showcause notices,” the note said.
3G mobile services allow providers to offer data and download services at a much faster speed than 2G (second generation) ones. The government had auctioned 3G spectrum in 2010, for around Rs 67,700 crore.
DoT also said a service provider cannot offer 3G services and declare rate plans or acquire customers for such services in a circle or operating area where they do not have this spectrum or their telecom licence had been amended for commercial use of 3G spectrum. Current regulations say spectrum sharing is not allowed. But, the government is also working on allowing this in the National Telecom Policy, 2012.
