Communications & IT minister A Raja appears to have turned a blind eye to the department of telecommunications (DoT) bypassing Telecom Regulatory Authority of India (Trai) recommendations by considering fresh applications for unified access service licences without first assessing the availability of spectrum for existing operators.
According to documents available with FE, a February 2003 letter from then Trai chairman MS Verma to the DoT secretary had categorically stated that ?before any fresh licences are considered by DoT, it should ensure adequate spectrum for the existing service providers?.
DoT has not carried out any exercise to ascertain the spectrum needs of existing operators, even though it is currently considering 575 new applications for licences. Verma?s letter was in response to a DoT referral to the regulator in December 2002 on the issue of new licences for cellular services.
Replying to the referral, Verma had drawn DoT?s attention to its earlier recommendations of 2000, which stated that the spectrum needs of existing service providers should be looked after before any new licence application was considered.
Verma had further written that ?a spectrum constraint is emerging? and had gone on to point that while ?Trai favours open competition, DoT should first form a view on the availability of spectrum for the existing telecom operators?.
Officials in the know told FE that even if DoT decided to disregard Trai?s recommendations on the grant of new licences, it should have either informed the regulator of its points of disagreement or made a fresh referral.
Another clause in the same section makes it incumbent upon DoT to inform Trai if it is not in agreement with any of its recommendation and then provide the regulator 15 days to reconsider its earlier recommendations.