RCom withdraws petition against GSM players on extra spectrum

In a surprise move, Anil Ambani group firm Reliance Communications (RCom) today withdrew its petition before the tribunal TDSAT, challenging allocation of excess spectrum to GSM operators by the government beyond 6.2 MHz, presumably in view of Trai's latest report on spectrum.

Company officials could not be contacted for their comment.

During the proceedings of the 2-years-old case, counsels appearing for RCom requested the Telcom Disputes Settlement and Appellate Tribunal to allow them to withdraw their plea, which was accepted.

This is a major U-turn by the ADAG group firm, which had fought fierce legal battle with the GSM operators, who had opposed allocation of GSM spectrum to RCom under the dual technology regime.

During that, RCom and Tata Tele, the CDMA service providers, who were alloted GSM radio frequency in 2008 had approached TDSAT seeking directions to Department of Telecom (DoT) to withdraw the excess spectrum alloted to the GSM operators beyond the permissible limit of 6.2 MHz in their license agreement.

However, Tata Teleservices did not withdraw its case and its matter would come on Monday for hearing.

Tata Tele had moved TDSAT in this regard in Decmeber 2007 and the ADAG group firm in January 2008. The tribunal had clubbed both the matters and was hearing together.

In its petition, RCom had alleged that GSM operators were hoarding over 52 MHz of excess spectrum, which was alloted to them free of cost by the government.

"It was beyond their eligibility. The excess spectrum should be returned and reframed," had said RCom and Tata Tele in their plea.

They had also sought a level playing field with GSM players on spectrum allocation, which is 2:1 in favour of GSM operators especially at a time when firms in both the segments have paid the same entry fee.