22, ఫిబ్రవరి 2012, బుధవారం

The issues faced by the telecom companies after the Supreme Court Judgment


As per the Supreme Court judgment, the spectrum that would be available after implementation of the cancellation of the 122 licenses given illegally has to be auctioned. The auction process has to be completed by 2-6-2012(the date of completion of 4 months after the judgment of the Supreme Court.

But it is reported in the newspapers that the DoT is finding it difficult to auction the spectrum within such a short period of 4 months. It says the process of auctioning the spectrum will require 13 months time. It will require 95 days to study the TRAI’s proposals on the auction of spectrum(The TRAI is yet to submit its proposals), to fix the reserve price for the sale of the bandwidth of the spectrum and get the approval from the empowered GoM(Group Of Ministers) looking into spectrum related issues. After this, another 245 days are required for completion of the auction process.The DoT, as reported in the newspapers, may seek the approval of the Supreme Court for extending the deadline for completing the auction process.

Besides this, the DoT also has to decide on the fate of the licenses given between 2001 to 2007, since those licenses(total 110, 73 GSM and 37 dual technology) also suffer from the same irregularities and illegalities contained in the 122 licenses cancelled by the Supreme Court.

The DoT also has to decide about what has to be done with the 3G spectrum granted to Idea Cellular and S Tel in the service areas (circles) where their 2G licenses were cancelled by the Supreme Court.

As per an estimate, after the cancellation of the 122 licenses, the DoT will have 624.60 MHz of 2G spectrum at its disposal. It will go upto 923.80  MHz after the defence forces vacate the spectrum available with them by migration to Optic Fibre Cable.

It is understood that the telecom companies, whose licenses are cancelled by the Supreme Court, are adopting different strategies. S Tel, which has its operations in 6 circles with 35 lakh customers, has sent SMS to its customers that they can use MNP to migrate to other operators. It plans to close its operations since it is not willing to participate in the upcoming spectrum auction.It found its business unviable. It’s spokesman stated, “ Our infrastructure and media vendors have intensified disconnection of services, since the passing of the judgment by the SC, considering that there is now no chance of the banks disbursing the funds. Necessary communication has already been issued to the MNP Serrvice Providers to ensure that port outs are seamlessly carried out for the benefit of the subscribers who choose this option”.

But on the other hand, the Uninor and Systema Shyam(MTS), whose licenses also were cancelled by the Supreme Court, have intensified their advertisements to attract more subscribers, hiked their dealers’ margins, and even in some cases cut the tariffs, so as not to lose their customers. Uninor stopped its plans to raise tariffs, issued advertisements in massive scale saying “ 4 crore people would love us to stay” and promoting “pay less, talk more” campaign. MTS alos resorted to increase in advertisements and offered rock bottom tariff plans. It has 1.5 crore customers. It posted a loss of Rs 1009 crore for the quarter ending December 2011. Inspite of this, it resorted to tariff cuts to attract customers. It appears that Etisalaat DB, which operates under Cheers brand with 1.6 million (16 lakhs) customers and hence a clear laggard in a market of 85 crores customers, has decided to close its operations.

Telenor, the Norway Company, a partner in the Uninor along with the Indian real estate company Unitech, has served a notice to Unitech for separation on account of fraud and mis representation.  Telenor invested Rs 14000 crores so far in India. Telenor wants to form a new entity to continue its existing business including its existing customers and employees. The said new entity will participate in the auction to acquire the spectrum. The new entity will have 74% equity from the Telenor and the remaining 26% from its Indian partners. Till such time the transfer of customers and employees to the new entity takes place, they will continue with the Uninor. But the Unitech, the minority partner in the Uninor, is opposing this transfer of the entire business of Uninor to such a new entity and is threatening to fight legally and also will try to block such a transfer,  in the  Board meeting of the Uninor. But Telenor retorted saying that in case of fraud and misrepresentation, it can unilaterally declare the shareholders’ agreement as cancelled.

While DoT has not filed any review petition against the Supreme Court judgment cancelling 122 licenses, the Idea Cellular and Videocon filed clarificatory petitions in the Supreme Court seeking a clarification for exempting their licenses from cancellation. Idea says it has applied for the license in the concerned circles in 2005 it self, but it has been delayed unjustly and has been clubbed among the 122 licenses unjustly.If it was given the license with in 30 days as per the procedure, it would not have been a part of the licenses required to be cancelled as per the Supreme Court judgment (The license of Idea Cellular for 9 circles were cancelled by the Supreme Court. But if the licenses of Idea are not to be cancelled, then the licenses of no body need be cancelled since the same irregularity is involved in all the licenses whether allotted in 2008 during the tenure of the Minister A.Raja. If its licenses are to be cancelled, then all the licenses allotted during 2001 to 2007 also require to be cancelled since the same illegality prevails in all the licenses issued between after 2001, until 2008). Tata Teleservices may also file petition in Supreme Court for exempting its 3 licenses from cancellation. Uninor and Sistema Shyam also likely to file review petitions requesting not to cancel their licenses. The telecom minister Kapil Sibal denied that the government plans to join the case if any of these telcos filed a review petition.

The operators like Uninor, MTS etc whose licenses are cancelled by the Supreme Court demanded the Government that the auction for the spectrum should take place in two stages and in the first stage, only the companies whose licenses are cancelled by the Supreme Court only should be allowed. But the old operators like Airtel, Vodafone etc have demanded that all should be allowed in the auction so that they can get additional spectrum.

The DoT and TRAI are unlikely to agree for thee demand of the new entrants whose licenses are cancelled. The telecom department may allow the more than 30 companies who applied for license in 2008. This will pave the way for companies outside this list of 30 companies as well as the incumbents like Airtel, Vodafone etc to participate in the auction. Airtel which demands that the auction should be open for all says that allowing all will result in most efficient allocation of spectrum and a better value to the government for the spectrum.

It is alkso understood that the telecom department may allow foreign companies to participate in this auction without an Indian partner, with 100% FDI, with the condition that after getting the spectrum in the auction, such foreign companies have to reduce their stake to 74% by allowing Indian partners for the remaining 26% stake, with in 6 months. Such a method, it was said, was already adopted in the case of the auction of 3G and BWA spectrum. For example, the US based Qualcomm was allowed to participate in the BWA spectrum auction and after it succeeded in getting the spectrum in the auction, it was asked to dilute its stake from 100% to 74% within 6 months.

But whether such an auction allowing all will result in a higher price for the spectrum and consequent increase in the tariff to the customer? As per the analysts of the telecom sector, the price of the spectrum would not escalate in the auction as happened in the case of 3G spectrum auction. The reason is that the financial conditions of the old players like Airtel, Vodafone, Reliance etc are not strong enough to allow such escalation of spectrum price. The old companies have already invested huge amounts for 3G spectrum by taking loans and going for loan again to get 2G spectrum at a higher value will be difficult for them. As on 31-12-2011, Airtel has a debt of Rs 72,670 crore, Idea Cellular Rs 13,076 crore and that of Reliance Communications Rs 38,200 crore.

Another analyst says that while the old operators like Airtel, Vodafone etc may not be able to bid aggressively, the foreign Companies like Telenor (Uninor), Etisalat, backed by their Governments would be in a better financial position to bid.

But all the companies may be cautious enough not to bid for higher amounts for the spectrum.

The Government may take its final decision on all these issues, with in the next one month.

The net result may be that the role of FDI will further increase due to the decisions likely to be taken by the Government. The policy direction of the Government is such that it tends to encourage foreign and Indian big capitalists and at the expense of the public sector and the people. Why should the foreign companies with 100% FDI be allowed to participate in the bidding when the rule is that the FDI in a telecom company should not exceed 76%? Why should the Old Operators like Airtel, Vodafone etc having more than 6.2 MHz spectrum be exempted from paying the charge for the extra spectrum held by theem beyond the 6.2 MHz spectrum? Why the BSNL, which is a PSU carrying enormous social obligations, pay the price for the 2G and 3G spectrum where as in China, the PSU telecom companies are not asked to pay thee price for the spectrum?

(Based on the news in the Economic Times and The Hindu Business Line)






కామెంట్‌లు లేవు:

కామెంట్‌ను పోస్ట్ చేయండి