Mobile operator Vodafone has objected to Quippo Telecom deploying active infrastructure and questioned the government's clarification on the same issue.
In a letter to Department of Telecom (DoT) Secretary P J Thomas, Vodafone has said Quippo, which has an Infrastructure Provider (IP-1) licence, is deploying active infrastructure which can only be provided by a service provider or licenscee.
"This (offering active infrastructure) is a legal and vested right of Unified Access Service Licence (UASL) and cannot be eroded, destroyed or diluted in a manner which is contrary to law," Vodafone has said.
The operator has raised doubts over a DoT clarification of a year ago. Through a clarification on March 9 last year, the DoT had said the scope of IP-I providers, which is limited to offering passive infrastructure, has been enhanced to cover active infrastructure if it is provided on behalf of licencees.
They can create such infrastructure limited to antenna, feeder cable, radio access network on behalf of the licencee.
Vodafone, however, refuses to admit this clarification. "No clarification can be given which in any manner goes beyond the scope of the licence itself -- the scope of the licence itself is limited to passive infrastructure," it said.
On other hand, Quippo has relied on March 9 order of DoT. Quippo officials denied any wrongdoing saying they abide by all the regulatory norms.
Therefore Vodafone is casting doubts on whether the DoT clarification, issued last year on the matter, is legally valid.
Vodafone further said, "We believe that the scope of an IP (infrastructure provider) licence is confined to providing passive infrastructure and the DoT clarification has no legal force since a clarification cannot give a non-existent right and enlarge the scope of service of the IP licence."
The operator goes on say the clarification is not on the official website of DoT and "this has raised serious doubts over the veracity of such a communication. The process by which such a communication has been issued if at all, is not known. This is against the requirement of an open, fair and transparent process which should be followed by DoT".
QTIL’s registration allows it to provide dark fibres, right of way, duct space, towers on lease, rent or sale basis to the licencees of telecom services on mutually agreed terms and conditions, the letter has said.
"Quippo has misrepresented its rights and scope under its licence to obtain exclusive rights to deploy passive or active infrastructure at various locations, including the Delhi International Airport," Vodafone alleged in a letter to the DoT.
