Irked by Telecom Regulatory Authority of India (Trai) recommendations on additional spectrum allocation and pricing, GSM operators are planning to move the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) seeking status quo on the matter.
Sources said the GSM industry body, the Cellular Operators? Association of India (COAI), had sought legal opinion on the matter. The association is expected to take a decision on the issue in a couple of days.
However, there may be differences between large and small operators within the COAI on the matter. COAI director-general TV Ramachandran told FE that all options were being examined and a decision would be taken shortly. He said Trai?s recommendations had legal infirmities.
Trai?s recommendations, which were submitted to the department of telecommunications (DoT) last week, proposed a steep one-time charge for additional spectrum beyond 10 MHz, as well as a more than double subscriber base entitlement for companies to be eligible for more spectrum.
As first reported by FE, if the recommendations were accepted by DoT, no operator would qualify for additional spectrum barring Bharti Airtel in Delhi. Even Bharti would receive only half of what it stands to get under current norms. However, players like Idea Cellular, Aircel and Vodafone Essar would be able to get the initial spectrum in newer circles for which they are currently in queue.
Even if Reliance Communications, which is predominantly a CDMA player, wants to offer GSM services in Delhi and Mumbai, it would be able to get spectrum if it pays the additional licence fee.
Legal experts were divided on the merits of moving TDSAT on Trai?s recommendations. One lawyer with experience in telecom cases said as long as DoT had not accepted the suggestions, the affected parties should make their representation to the government rather than moving TDSAT where the chances of the petition being entertained were remote.