TDSAT orders release of GSM spectrum for Delhi circle

NEW DELHI: In a boost to Tata Telservices, the Telecom tribunal TDSAT today allowed the plea of the service provider and directed the Department of Telecom to immediately release the GSM spectrum for the Delhi circle on priority basis.

A Telecom Disputes Settlement and Appellate Tribunal bench headed by its Chairman Justice S B Sinha pulled up the government for delay in allocation of GSM to Tata group firm for Delhi circle despite issuance of Letter of Intent (LoI).

The tribunal's direction came over a petition filed by the Tata group firm in December, 2010 alleging "discrimination and arbitrariness" against it by the Department of Telecom (DoT) under the cross-over spectrum policy.

Tata Tele had contended that under the dual technology regime, the Wireless Planning and Coordination Wing of the DoT has allocated spectrum to Reliance Communications, HFCL and Shyam Telelink.

"In a clear case of discrimination and arbitrariness, DoT allocated the spectrum to similarly placed Reliance Communications Ltd, HFCL and Shyam Telelink Ltd", said Tata in its petition adding that this was despite it being the first applicant to apply for GSM on October 19, 2007.

It had further contended that,"DoT had, even before the issue of Dual Technology Press Note, issued In-Principle Approvals to 3 Applicants RCom, HFCL and Shyam Telelink Limited".

According to the Tata group firm apart from Delhi, it had not been given spectrum for 39 districts, while RComm has got the spectrum in all the areas.

Tata Teleservices got licences in 19 circles. RComm had got licences for 20 circles, while HFCL and Shyam got for one circle respectively for Punjab and Rajasthan.