Apex court admits COAI, BSNL petitions against TDSAT ruling
New Delhi (PTI): The Supreme Court on Monday admitted the appeals of the COAI and BSNL challenging the telecom tribunal ruling that upheld the government decision to allow Reliance Communications to use dual technology for offering mobile services.
The Telecom Disputes Settlement and Appellate Tribunal on March 31 had upheld the government decision to allow the Anil Ambani-run firm to use both GSM and CDMA for offering mobile services in the country, on an appeal by the Cellular Operators Association of India challenging the decree.
According to the petitions, the TDSAT failed to appreciate that cellular operators had a vested and accrued right to receive spectrum up to 15 MHz.
The COAI said that the National Telecom Policy of '99, which was part of a contractual settlement between the cellular operators and the DoT, promised optimal and adequate spectrum to every operator and cellular operators were to get GSM spectrum up to 15 MHz at specified rates on a revenue-share basis.
The COAI had moved the tribunal after the DoT's decision on October 18, 2007, to amend the telecom licence, allowing CDMA players to enter the GSM mobile space.
The TDSAT, while stating that there was nothing irregular in granting 4.4 MHz as start-up spectrum to RCom, had rejected the GSM group's contention that according to licence conditions and NTP-99, they have the right to hold spectrum up to 15 MHz.
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