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Friday, Jan 04, 2008
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High Court notice to Centre, TRAI on spectrum

Staff Reporter

Parties to reply by January 31

Centre directed to produce application filed by Reliance
Petition seeks quashing use of dual technology

NEW DELHI: The Delhi High Court on Thursday issued notices to the Union government, the Telecom Regulatory Authority of India (TRAI) and others on a petition by Global System for Mobile (GSM) operators Bharti Airtel, Vodafone Essar and Idea Cellular seeking quashing of the December 12 order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) allowing the government to go ahead with allocation of spectrum and issuance of new licences for use of dual technology for mobile phones.

Issuing notices, Justice Gita Mittal of the court directed them to file replies by January 31. Ms. Justice Mittal also said “anything done by the Centre in furtherance of an application made by Reliance Communications would be subject to the outcome of the petition.”

The court also directed the Centre to produce the application filed by Reliance Communications in February 2006 for GSM spectrum. The court has already refused to stay the TDSAT order.

The petition sought quashing of the government’s October 18 and 19 decisions to permit use of dual technology and TRAI’s recommendations for enhanced subscriber-linked criterion for allocation of additional spectrum.

The petition has named Code Division Multiple Access (CDMA) operators Reliance Communication Ltd, Tata Teleservices, Himachal Futuristic Communications Ltd and TRAI as parties.

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

Start-up stpectrum

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

New norms

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

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