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.
Subsequently due to the serious illegality involved ,
the DoT decided to issued notice to them on 23-12-2011 to terminate these
illegal intra circle roaming agreements with in 24 hours. But the private
operators Airtel, Vodafone, Idea, Aircel and Tata Teleservices (Aircel and Tata
Teleservices also signed the illegal agreement although not yet operated it) filed
a case in TD SAT (Telecom Dispute Settlement Authority) on the same day and got
stay until 3-1-2012.
The DoT submitted its response on the petition of
the private operators on 2-1-2012 and told the TD SAT that the private
operators have not come to the TD SAT with clean hands and suppressed the facts.
It told that the 3G roaming agreements were against the conditions of the
licence and notice inviting applications(NIA) for 3G auctions in 2010.
Now the BSNL also filed a case in TD SAT for
impleading in it since it is facing loss due to the 3G roaming agreements of
the private operators. Meanwhile the DoT questioned the authority of the TD SAT
to entertain the petition of the private operators. It cited a recent judgment
of the Supreme Court according to which the TD SAT could not entertain petitions
on altering the terms of telecom licences. DoT told TD SAT that it would file a
separate application in this regard with in a day. The Private Operators have
to reply to it by 9-1-2012 on which date the TD SAT hears the case again. TD
SAT told that the issue of impleading by BSNL will be decided after deciding
the issue of jurisdiction of TD SAT to entertain the petition of the private
operators. It is also to be noted that the JAC of BSNL unions went on one day
strike on 15-12-2011 on BSNL survival related issues in which one of the demand
was to cancel the illegal intra circle roaming agreements of the private
operators.
If the outcome of the case in the TD SAT is against
the private operators, their intracircle roaqming agreements have to be
cancelled. Even then, what about the period during which they have operated as
per these agreements? But the Government is going in the direction of making
these illegal agreements as legal in future, by bringing a new telecom policy
allowing sharing of the spectrum.
If such a policy comes into effect, these private
operators who paid less for the 3G spectrum will be allowed to provide 3G
services throughout the country by sharing the spectrum. On the other hand, the
BSNL, which already paid for the 3G spectrum for all the circles will be put to
loss. Therefore the present legal battle going on between DoT/BSNL on one side
and the private operators on the other side is for the present period only and
the DoT and Government is going to bless the private operators by allowing
spectrum sharing in the new telecom policy to be finalized and announced in a
few months.
Such sharing/trading of spectrum is nothing but
allowing the precious spectrum to be hoarded and traded by the private
operators and it is against the expansion of the telecom services. Instead, the
spectrum should be distributed by the Goveernment as per requirement to the
telecom companies by utilising latest technologies like CRT(Cognizant Radio
Technology) at market rate and it should be allotted to BSNL and MTNL(PSUs)
freely in view of the enormous social obligations being carried out by them.
The battle for the spectrum(2G/3G/4G) should be
carried forward by the telecom trade unions of PSUs(BSNL/MTNL) so that it is
allotted freely to the PSUs and at market rate to private operators without
allowing sharing and trading in spectrum.
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కామెంట్ను పోస్ట్ చేయండి