The Airtel, Vodafone and Idea came to an agreement called “intra circle roaming agreement” and started providing 3G services in the Circles where they did not secure 3G spectrum, by sharing the 3G spectrum of their partner in the agreement who is having the 3G spectrum in the concerned circle.This means they purchased 3G spectrum only in some circles, but they are providing 3G services in all circles. This is nothing but cheating the Government since they should purchase the 3G spectrum for each and every circle where they are providing 3G services. They thus avoided a payment of more than Rs 20,000 crores to the Government. This is 3G spectrum scam. It is to be noted that the BSNL was compelled by the Government to purchase the 3G spectrum for all the circles where it has been providing 3G services.
Thus while BSNL paid for all circles where it is providing 3G services, these private operators are providing the 3G services in several circles without paying for the 3G spectrum. The TRAI, DoT and the Law Ministry held these agreements as illegal. DoT wanted to issue notices to these private operators for terminating these illegal agreements. Then these private operators jointly wrote a letter to the Prime Minister Sri Manmohan Singh threatening that in case their agreements are to be cancelled, the Government should refund the amount paid by them for the circles where they purchased the 3G spectrum, along with interest. They also demanded that the capital invested by them on 3G network should be compensated. They met the Prime Minister Sri Manmohan Singh on 30/11/2011 demanding that their 3G intra circle roaming agreements should be allowed.
The Economic Times dated 10/12/2011 reported that the Telecom Department changed its view after the meeting between the Prime Minister and the private Telecom Operators and now plans to allow these 3G roaming agreements of the private operators by collecting some additional amount from them, as a share in their revenue. As per the Economic Times, the additional amount thus to be collected from them as an additional share in their revenue would be Rs 700 crore. The amount the Private Operators have to pay to the Government for purchasing the 3G spectrum in the circles where they are providing 3G services without purchasing 3G spectrum is about Rs 20,000 crores at a time.
Instead of cancelling their illegal roaming agreements or instead of collecting this amount of around Rs 20,000 crores, now the Government wants to collect a small amount of around Rs 700 crore every year as additional revenue share and let off these private operators. In such case why BSNL should pay the 3G spectrum fee for all the circles? It also should be refunded the amount paid by it for purchasing the 3G spectrum in all the circles and it also should be given a choice to continue with the 3G spectrum purchased by it for some circles where it finds advantage. For the remaining circles it may also be allowed to surrender the 3G spectrum purchased by it and be allowed to share the 3G spectrum of others and the amount paid by it for purchasing the 3G spectrum in those circles be refunded to it. This is the meaning of level playing. If Government allows the 3G intracircle roaming agreements of the private operators, then the BSNL also should be allowed to have the benefit as detailed above.
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