Uninor moves TDSAT again, against DoT penalty on more circles

Uninor, a JV between Unitech and Norway's Telenor, today approached telecom tribunal TDSAT for the second time within a week against DoT's seeking penalty for missing roll out obligations in six more circles.

Last week, TDSAT had directed Uninor to pay 60 per cent of the penalty demanded by DoT, for failing to roll-out services within the stipulated time in six other circles.

The DoT has issued notice to Uninor for six more circles and demanded damages for delay in roll-out of services there.

The new circles include Bihar, Maharashtra, Assam, West Bengal, Gujarat and North East circles and has demanded damages from the company for not rolling out its services in the stipulated period.

The matter is likely to be heard tomorrow by a bench headed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) chairman Justice S B Sinha.

The company is among the new operators, who were allotted 2G spectrum, or radio waves, by former telecom minister A Raja and it is under scanner on eligibility criteria.

DoT has sent notices to several firms, which got new 2G licenses bundled with start up spectrum but have not started offering services in various circles.

TDSAT's order to pay 60 per cent of the DoT demand had come on Uninor's first petition last week, challenging the Liquidated Damages demanded by the department for failing to meet roll-out obligations for 10 circles.

While the company had paid, under protest, for missing roll-out deadlines for four circles, it was yet to pay for 6 other circles, for which it has been served notices.

As per the conditions of the Unified Access Service License (UASL), the telcos are required to roll-out their networks within one year from the date of allocation of spectrum.

However, this period is to be calculated by excluding delay by SACFA (Standing Advisory Committee for Frequency Allocation) clearance for allocation.

According to the agreement, in case new licencees fail to roll-out services within the stipulated period, DoT shall be entitled to recover LD charges.