Spectrum allocation: GSM operators move HC

GSM mobile operators today moved the Delhi High Court seeking a stay on the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) order allowing the government to allocate spectrum and allow new licences.

The petition, filed by COAI and GSM players Bharti Airtel, Vodafone Essar and Idea Cellular, has been listed for hearing on Monday.

It seeks quashing of the government's October 18 and 19 decisions to permit the use of dual technology and regulator Trai's recommendation of enhanced subscriber-linked criterion for allocation of additional spectrum.

The petition has named CDMA operators Reliance Communication Ltd, Tata Teleservices, HFCL and Trai as parties to the case.

The TDSAT on December 12 had refused to stay the issuance of new licences to those who had applied as of September 25.

The government had said before TDSAT that it would go ahead with the allotment of start-up spectrum to the new players and Tata Teleservices' application for use of cross-over technology would be considered favourably.

According to COAI, the TDSAT order would allow the government to proceed with the allocation of GSM spectrum to CDMA operators, creating irreversible third party rights.

The government had on October 19 announced new norms which allowed use of dual technology by a single operator in the same circle and enhanced subscriber base for allocation of additional spectrum.

However, COAI had challenged the norms in TDSAT. After this, the government had also set up an official panel to review the Telecom Engineering Centre's recommendations of spectrum allocation.