DoT seeks advice on split TDSAT verdict for 3G roaming

The Department of Telecommunications (DoT) on Thursday sought legal opinion on whether Bharti Airtel, Vodafone and Idea should be allowed to continue offering intra-circle 3G roaming services by way of mutual agreements.

This is a sequel to the Telecom Disputes Settlement Appellate Tribunal (TDSAT) giving a spilt verdict on the legality of such pacts. Earlier, it had issued an interim order that the existing situation would remain till a final decision was reached. DoT’s note to A S Chandhiok, its counsel in the matter, wants to know if that interim order could be held to still be in force or whether it could take action against these three, on the basis of the notices issued to them on the issue in December 2011. Alternatively, whether it was advisable to issue fresh showcause notices to the operators. And, if any further action was needed to protect the government’s interest.

On Tuesday, a two-member bench of TDSAT gave opposing verdicts on the legality of operators getting into a roaming pact to offer 3G services in telecom circles where they do not have spectrum.

In December, it had ruled that DoT could not take coercive steps against the operators till the case was decided.

Bharti Airtel, Vodafone and Idea had signed agreements to offer 3G services in circles where they could not get 3G spectrum in the 2010 auction. In the 2010 auction, Bharti won 3G bandwidth in 13 of the country's 22 service circles, Idea gained access to 11 and Vodafone got nine. However, they all got together in a roaming agreement to offer pan-India 3G services.

In December 2011, DoT said such a pact was illegal and operators could not offer 3G services beyond their licensed circles through roaming agreements. The operators had filed a petition challenging this.

TDSAT member P K Rastogi agreed with the DoT stand and decided the trio could not be allowed to provide 3G roaming in places where they only had 2G licences. His colleague, S B Sinha, said DoT had not followed proper procedure and the operators were not given an opportunity to argue their views, a breach of natural justice. Hence, if DoT wanted to take action, it needed to start the entire procedure of showcause notives and so on afresh.