ID :
166598
Tue, 03/08/2011 - 19:55
Auther :
Shortlink :
https://oananews.org//node/166598
The shortlink copeid
Scrap sepctrum since 2003 if Raja's policy is illegal:SC told
New Delhi, Mar 8 (PTI) The telecom companies, under
scruitny for having benefited in 2G spectrum scam, on Tuesday
told the Supreme Court that allocation of the air waves since
2003 should be scrapped if the first-come-first serve policy
adopted during the tenure of former Telecom Minister A Raja is
held illegal.
In a clear reflection of the war among telecom players,
senior advocate Harish Salve, appearing for Etisalat DB
Telecom Pvt Ltd, submitted the government never followed the
policy of auction for 2G spectrum allocation and many
companies benefitted by getting additional radio waves without
any charge since 2003.
"If this (lack of auction) can be a ground for
cancellation of allotment, then all such additional allocation
to other telecom companies since 2003 should be scrapped,"
Salve contended before a bench comprising justices G S Singhvi
and A K Ganguly.
Contending that additional spectrum was given to
established companies by the government without charging them
since 2003, Salve said the Department of Telecom did not
follow the TRAI recommendation of charging the companies for
additional spectrum at that time.
"CAG report says that it caused a loss of Rs 36,993
crore by neglecting TRAI (Telecom Regulatory Authority of
India) recommendation which had asked the government to charge
the comapny for granting additional spectrum," he said.
"Either cancel all spectrum allocation which was done
without auction and then put it on auction. There cannot be
discrimination among the service provider," Salve said adding
the "decision-making process on the part of the government has
been horrible, to say the least. This is a mess created by the
government and it must come out with solution."
Etisalat DB Telecom Ltd, earlier known as Swan Telecom,
is a joint venture between Etisalat and Dynamix Balwas Group.
Etisalat DB and its subsidiary has the Unified Services Access
License in 15 circles.
Shahid Usman Balwa, promotor of Swan telecom, has been
arrested by CBI in connection with the 2G scam.
The court was hearing the PILs filed by an NGO CPIL
(Centre for Public INterest Litigation), and Janata Party
President Subramaniam Swamy seeking cancellation of licenses
to companies which were granted during the tenure of former
Telecom Minister A Raja.
They alleged the allocation made by the DoT when Raja was
the minister, was marred by "multiple illegalities, corruption
and favouritism".
They further submitted even the telecom sector regulator
TRAI had recommended cancellation of 69 out of the 122
licences as the licencees have failed to roll out their
services as stipulated by the condition on which they were
given the licences.
"The allotment of spectrum in 2008 at the price
prevailing in 2001 on first-come-first-serve policy followed
by the government was arbitrary, illegal and was meant to
benefit few telecom companies," CPIL counsel Prashant Bhushan
had earlier submitted.
scruitny for having benefited in 2G spectrum scam, on Tuesday
told the Supreme Court that allocation of the air waves since
2003 should be scrapped if the first-come-first serve policy
adopted during the tenure of former Telecom Minister A Raja is
held illegal.
In a clear reflection of the war among telecom players,
senior advocate Harish Salve, appearing for Etisalat DB
Telecom Pvt Ltd, submitted the government never followed the
policy of auction for 2G spectrum allocation and many
companies benefitted by getting additional radio waves without
any charge since 2003.
"If this (lack of auction) can be a ground for
cancellation of allotment, then all such additional allocation
to other telecom companies since 2003 should be scrapped,"
Salve contended before a bench comprising justices G S Singhvi
and A K Ganguly.
Contending that additional spectrum was given to
established companies by the government without charging them
since 2003, Salve said the Department of Telecom did not
follow the TRAI recommendation of charging the companies for
additional spectrum at that time.
"CAG report says that it caused a loss of Rs 36,993
crore by neglecting TRAI (Telecom Regulatory Authority of
India) recommendation which had asked the government to charge
the comapny for granting additional spectrum," he said.
"Either cancel all spectrum allocation which was done
without auction and then put it on auction. There cannot be
discrimination among the service provider," Salve said adding
the "decision-making process on the part of the government has
been horrible, to say the least. This is a mess created by the
government and it must come out with solution."
Etisalat DB Telecom Ltd, earlier known as Swan Telecom,
is a joint venture between Etisalat and Dynamix Balwas Group.
Etisalat DB and its subsidiary has the Unified Services Access
License in 15 circles.
Shahid Usman Balwa, promotor of Swan telecom, has been
arrested by CBI in connection with the 2G scam.
The court was hearing the PILs filed by an NGO CPIL
(Centre for Public INterest Litigation), and Janata Party
President Subramaniam Swamy seeking cancellation of licenses
to companies which were granted during the tenure of former
Telecom Minister A Raja.
They alleged the allocation made by the DoT when Raja was
the minister, was marred by "multiple illegalities, corruption
and favouritism".
They further submitted even the telecom sector regulator
TRAI had recommended cancellation of 69 out of the 122
licences as the licencees have failed to roll out their
services as stipulated by the condition on which they were
given the licences.
"The allotment of spectrum in 2008 at the price
prevailing in 2001 on first-come-first-serve policy followed
by the government was arbitrary, illegal and was meant to
benefit few telecom companies," CPIL counsel Prashant Bhushan
had earlier submitted.
