HC declines to pass order on spectrum allocation

NEW DELHI: The Delhi High Court on Monday refused to stay a recent telecom tribunal order which allowed the government to allocate start-up spectrum to new entrants, including CDMA players such as Reliance Communications (RCOM), who want to offer services on the GSM platform. The move is a big blow to leading GSM players, who had demanded a stay on the grounds that the government cannot allocate radio frequencies to new players as their demands for spectrum have been pending for close to two years.

GSM players, represented by senior advocates Ram Jethmalani and Fali S Nariman, during the hearing appealed for a stay on the policy, stating that it was tweaked to benefit RCOM. They also demanded a probe into the government’s move to permit operators to provide services using dual technology (both CDMA and GSM).

“I can’t pass status quo order without going into the details. Let me go through the petition. As you (Ram Jethmalani) said the matter is complicated,” Justice Sanjeev Khanna said while posting the matter for hearing on January 3, 2008. This implies, the government can technically allocate radio frequencies to new entrants before January 3.

In fact, Mr Ram Jethmalani and Mr Fali S Nariman, appearing for Cellular Operators Association of India, the body representing leading GSM players, also told the court that this (the new policy) was amongst the biggest scams which required police inquiry and hence the matter required urgent hearing.

But the court turned down the request. Additional Solicitor General Vikas Singh, representing the government, however told the court that there was no urgency involved in the matter. Mr Singh also told the court that Telecom tribunal TDSAT had passed the order on December 12, and despite the HC being open till December 20, the COAI chose to come during vacation time even though their petition was ready by December 13. In addition to Mr Jethmalani and Mr Nariman, the COAI has also engaged the services of several other senior lawyers.