Admitting the request of the government, telecom tribunal TDSAT today adjourned the final hearing over the petition filed by the GSM lobby group Cellular Operators Association of India (COAI) challenging the dual technology and spectrum allocation norms.
During the proceedings of the Telecom Disputes Settlement and Appellate Tribunal, counsels appearing for the Department of Telecom requested to grant some more time to file reply over the affidavits filed by the GSM lobby as these raised new issues.
In its two 120-page long affidavits, COAI has contradicted the report of Telecom Engineering Centre and the recommendations of sectoral regulator Trai over cross over regime. Admitting it, the TDSAT bench headed by Justice Arun Kumar adjourned the hearing and directed to list it on December 2 for next hearing.
Meanwhile, senior counsel Harish Salve appearing for Reliance Communications alleged that COAI was trying to shift the direction of the entire case by raising such technical issue after such a long time. “There is nothing wrong in the allotment. Our licence is valid. Spectrum allocation was done in accordance with the Trai recommendation. They now just want to shift the direction of case by filing such affidavits,” Salve said.
He added that the Delhi High court which had rejected the writ petition on the GSM lobby group on the same issue has ‘prima facie’ found that there was nothing wrong in such allotment. On August 22, 2008, the High Court had dismissed the COAI’s petition challenging government’s policy and imposed a fine of Rs 50,000 each on cellular operators. The tribunal on September 4 had adjourned the hearing of this case after COAI requested some time.
However, taking a tough stand then the tribunal had said, “We would request upon the parties that whosoever chooses to challenge the order of the learnt Single Judge (Delhi High Court, which rejected COAI’s petition), in a higher forum, would bring this order to the notice of the Bench at the time of first hearing.”
COAI was earlier continuously requesting for an early hearing on the grounds that any delay would cause them enormous losses.
