COAI moves SC against TDSAT order allowing dual technology

The Cellular Operators Association of India (COAI) has moved the Supreme Court challenging the sectoral tribunal TDSAT's verdict upholding the Centre's decision to allocate GSM spectrum to CDMA operators.

The COAI's plea has sought cancellation of spectrum allotted to CDMA players, which were allowed to have dual technology and the allocation of spectrum to the GSM players through auction.

"Quash and set aside the decision taken by the Respondent no 1 [Department of Telecommunications] allotting GSM spectrum to CDMA licensees," the COAI said.

The COAI plea said the decision to allot GSM spectrum to CDMA players was the part of the same process by which new Unified Access Service Licences (UASL) were alloted with the apex court later cancelling the the grant of licences.

"The apex court decision pertains to both issue of new UASL as well as in principle approval for dual spectrum which establishes that the decision of dual spectrum was part and parcel of the very same decision making process which has been found to be illegal by this Hon'ble Court," the plea said.

The recommendation of the Telecom Regulatory Authority of India (Trai), issued in August 2007, had said the grant of dual spectrum was not permissible. The DoT, however, despite such an advise, allotted GSM spectrum to the CDMA operators, it said.

The COAI has also sought striking down of the DoT's decision which enabled existing CDMA operators to use GSM technology.

"Strike down DoT's decision that existing private UAS licensees may be permitted to expand their network by using alternate wireless technology," the COAI said.