Divisions have appeared within the ranks of GSM operators. A day after the interim order of the Telecom Disputes Settlement & Appellate Tribunal (TDSat), which refused to stay the allocation of spectrum to new entrants, Bharti Airtel wants to challenge the order in the Delhi High Court. But Vodafone, Essar and Idea Cellular disagree with the plan.
TDSat refused to stay the allocation of spectrum to new entrants, stating it was a policy matter for the government to decide.
Industry sources said as a result of a split in the ranks, GSM operators? lobby group Cellular Operators? Association of India (COAI) was unable to take a final decision on Thursday on whether to move the high court.
The sources also said that the top three GSM operators are divided because once the government starts granting spectrum, Vodafone would be entitled to six circles for which it has a licence but no spectrum. Similarly, Idea would get spectrum for two circles and Aircel for 11. Once the government starts allocating spectrum to new entrants, Idea, Vodafone and Aircel stand to get it before Reliance Communications.
Bharti, on the other hand, is already a pan-India service operator and its entitlement would only come up once the government-industry panel finalises the fresh subscriber norms for additional allocation of spectrum norms.
Sources said if Vodafone and Idea stick to their guns, COAI would be unable to move the high court. In that event, it would be difficult for Bharti to go it alone as this would certainly split the GSM camp further. Small GSM players like Spice Telecom, BPL and Aircel have already disassociated themselves from COAI?s case in TDSat.
COAI director-general TVR Ramachandran could not be contacted for comment as his phone went unanswered. A Bharti official said no decision has yet been taken on moving the high court and any decision would be a collective one.
Appearing for the department of telecommunications at the TDSat hearing on Wednesday, solicitor-general GE Vahanvati told the tribunal that the government would go ahead with the allotment of start-up spectrum to new players.
