TDSAT adjourns hearing on COAI plea against TTSL, TTML

The matter would come up for hearing on July 26, as the TDSAT bench was not in full strength Monday.

Last Updated: Jul 23, 2012, 17:41 PM IST

New Delhi: Telecom tribunal TDSAT has adjourned the hearing on the plea of GSM lobby group COAI and leading operators Bharti Airtel, Vodafone and Idea to direct the government to cancel the GSM licence and spectrum given to Tata group companies TTSL and TTML in 2008.

The matter would come up for hearing on July 26, as the TDSAT bench was not in full strength Monday.

The counsel for the Tata group firms informed TDSAT that they would challenge the maintainability of the petition.

COAI and the operators have requested the Telecom Dispute Settlement and Appellate tribunal to direct the Department of Telecom (DoT) to modify or amend the order that it had issued on February 15, cancelling 122 licences on the Supreme Court verdict in the 2G spectrum allocation case.

"Under the judgement, all blocks of spectrum allocations which were pursuant and subsequent to the two press release dated January 10, 2008 were quashed," said the petitioners.

According to the petition, a total of 141 licences need to be cancelled including that of Tata Tele Services Ltd (TTSL) and Tata Tele Service Maharashtra (TTML) as the apex court had ordered cancellation of all licences issued in 2008 by then Telecom Minister A Raja.

"The judgement is explicit that all the spectrum alloted to pursuant and subsequent to press release dated January 10, 2008 is quashed. Thus, 122 blocks of the spectrum allocated to the new applicants and 19 blocks of spectrum allocated to who have applied for use of dual spectrum like TTSL and TTML stands quashed," they said.

TTSL and TTML, which offer services in both GSM and CDMA platforms, were issued GSM spectrum in 2008. Before that they were offering services in CDMA technology only.

The petitioners have requested the tribunal to direct DoT to put all the 141 blocks including of Tata group firm in the proposed auction.

"Hold and declare that 141 blocks of spectrum allocations (which includes spectrum allocated to Respondent number 2 and 3) freed up pursuant to cancelling and quashing of spectrum allocation (under the judgement dated 02.02.2012 passed by the Supreme Court) have to be put in the pool for public auction of spectrum," said COAI and the operators in their petition.

TTSL and TTML are respondent No 2 and 3 respectively.

The petition requests the TDSAT to "direct the DoT to amend modify/rectify its Record and its Press Release dated February 15, 2012 to the extent that it refers to 122 licences as being cancelled, to bring it in conformity with the directions given by the Supreme Court in the judgement dated February 2, 2012".

"Direct the DoT to produce the records of the case and all the case files, including Applications, Responses of TTSL, spectrum allocation figures and calculation sheets maintained by the DoT," said COAI in its petition.