The department of telecommunications (DoT) is planning to allot the start-up spectrum of 4.4 Mhz to Tata Teleservices Ltd and and Datacom (now Videocon Telecom) and 2.8 Mhz to Uninor in Delhi as the defence services have vacated 10 Mhz of spectrum.

If any such moves finally materialises it would be in contradiction to the Telecom Disputes Settlement and Appellate Tribunal?s (TDSAT) order which had put any further allotment of spectrum on hold until a government policy was formulated on it.

Meanwhile, the Trai which made its set of recommendations to the DoT on 2G spectrum in May had clearly said that cases such as TTSL would be the last in queue for allottment of spectrum as the ones who already possess 4.4 Mhz of spectrum would be given the priority for further allocation. The regulator?s recommendations are yet to be ratified by the empowered group of ministers which is supposed to take the final call on the matter.

However, the assistant wireless advisor, M Revathi has in a note moved on November 11 has cited the dual technology clause as the reason for granting spectrum to Tata Teleservices Ltd.

?The Cellular Operators Association of India filed a petition in TDSAT challenging the government decision on various issues including permitting dual technology by the government. After hearing in the matter, TDSAT upheld the government decision of permitting dual technology,? the note has said.

The note further says, ?Although the TDSAT judgement was received in March 2009, the allotment of initial spectrum to TTSL in the Delhi service area could not be processed in the absence of sufficient spectrum. Since defence has released 10 Mhz spectrum recently and out of which 8 Mhz is available for allotments, we may allot initial 4.4 Mhz to TTSL in Delhi service area as per the TDSAT judgement.?