GSM players to move HC over spectrum

Taking the government head on, four GSM mobile operators - Bharti Airtel, Vodafone, Idea and Spice - have decided to "unitedly" approach the Delhi High Court against telecom tribunal TDSAT's interim order not to stay the spectrum allocation process.

"The department of telecom's (DoT) decision is an attempt to pass off second and new GSM licences to CDMA operators in the garb of dual technology allocation," GSM lobby Cellular Operators Association of India (COAI) said in a statement.

COAI said it has decided to approach the High Court, as TDSAT has not given any justification for its interim order not to stay the spectrum allocation process.

The 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.

Appearing on behalf of the government, Solicitor General G E Vahanvati had said before TDSAT that the government would go ahead with the allotment of start-up spectrum to the new players. He also said that Tata Teleservices' application for use of cross-over technology would be considered favourably.

On COAI's plea to stay the process of issuing new licenses, TDSAT chairman Arun Kumar had said: "This is a matter of public policy. I would not decide, let the government decide on it."

According to COAI, the TDSAT order would allow the government to proceed with the allocation of GSM spectrum to CDMA operators, creating irreversible third party rights and thus rendering entire petition of COAI infructuous.