Aircel Aircel moves TDSAT seeking additional spectrum

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Aircel has approached the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) seeking its directive to the government to award the company an additional 1.8 MHz of airwaves in Delhi, Mumbai and Rajasthan within 30 days. The tribunal would take up the matter for hearing on July 3, people familiar with the development said.

Aircel becomes the second telecom operator to seek additional spectrum from the government. On Monday, Reliance Communications had moved a similar plea and had specifically sought additional spectrum across the country before the spectrum auction begins. This could derail the Centre's attempt to complete the spectrum auction by August 31 as mandated by the Supreme Court.

Last week, a panel of ministers headed by finance minister Pranab Mukherjee decided to sell up to 13.75 MHz of spectrum in the 1,800 MHz band in the upcoming auctions.

In its petition, Aircel has asked the court to declare DoT's actions as a 'breach of terms of the licence' and award damages for the 'loss suffered due to withholding and non-grant of spectrum by DoT.' Aircel had got start-up spectrum of 4.4 MHz bundled with the licence in 2007 and was entitled to get additional spectrum based on subcriber-linked criteria set by the telecom department.

 

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TDSAT gives notice to DoT on Aircel's plea for more spectrum


The telecom tribunal TDSAT today issued notice to DoT over a petition filed by Aircel seeking allocation of additional GSM spectrum before the proposed auction.

A TDSAT bench headed by its Chairman Justice S B Sinha issued notice to the Department of Telecom on Aircel's pleas asking it to file reply within four weeks.

Tata Tele Services and Reliance Communications have also approached the tribunal on this issue.

Filing two petitions, Aircel has sought additional spectrum in Delhi, Mumbai, Rajasthan, Kolkata, Bihar, UP East, West Bengal, Jammu and Kashmir, North East, Orissa and three districts of Assam telecom circle.

In its petition, Aircel has requested the sectoral tribunal "to declare that the petitioner is entitled to the additional spectrum".

Aircel has contended that it is entitled to the allocation of additional spectrum of 1.8 Mhz as per its licence.

Moreover, the operator has also sought damages from the DoT "for the loss suffered due to withholding and non-grant of spectrum by DoT".

"The right to receive additional spectrum is granted as part of the terms of the existing license and the additional spectrum is allocated on meeting criteria set out in DoT's guidelines applicable at the time of application for additional spectrum.

"Aircel has fully met and satisfied the criteria for the grant of additional spectrum. However, the DoT has without giving any lawful reason not allocated such additional spectrum despite repeated requests," the operator said, adding it was a breach of licence condition by DoT.


ET