Few telcos giving 3G services illegally: Petition

NEW DELHI, INDIA: The Delhi High Court on Wednesday sought a reply from the central government on a petition alleging that some telecom operators gained a back-door entry into the 3G arena, causing a loss of around Rs.20,000 crore to the exchequer.

The public suit was filed before a bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna alleged that the cellular service operators Bharti Airtel Ltd., Idea Cellular Ltd. and Vodafone Essar Ltd. colluded with other companies to provide 3G services to their subscribers without being eligible for it.

The petitioner alleged that the telecom operators entered into a criminal conspiracy to cheat the government and defraud it of huge revenue.

The petitioner, lawyer Yakesh Anand, said that private operators bypassed the terms and conditions of the licence and directions of the Department of Telecommunications (DoT) and started providing 3G services even in those areas where they did not get the spectrum.

"Private operators have entered into agreements among themselves for using each other's network and spectrum and provide 3G services, even in those areas and circles in India, where they neither have the licence nor any 3G spectrum, thus, entering into the 3G area of operations through the back-door," said the petition.

Some private telecom operators entered into arrangements by which some non-licensed operators who could not or did not win in the 3G spectrum auction found a novel way to bypass the terms and conditions of the DoT, the petition said.

Taking note of the petition, the chief justice directed Additional Solicitor General A.S. Chandhiok to take instructions from the government and file a reply by Nov 30.

The petitioner submitted that various private operators were gaining a back-door entry into 3G services without having a valid licence.

"The respondents - the government and the TRAI (Telecom Regulatory Authority of India) - have failed to take action against the erring cellular companies and illegally and unlawfully permitted the sharing of their 3G spectrum with those operators who were not awarded the licence. There is no provision in the DOT guidelines for sharing of the spectrum by telecom operators," the petition said.

The operators were entering into spectrum sharing agreement amongst themselves in different telecom circles, where one or two of the operators had got the 3G spectrum and licence, it said.

"This private arrangement amongst some of the telecom operators amounts to defrauding the government of crores of rupees," the petitioner said.

Anand informed the bench that he had made a representation to the DoT and the TRAI to ensure that 3G services were not provided by non-licensed operators.

"The DOT is keeping silent on the violations of licence conditions and on loss of more than Rs.20,000 crore to the national exchequer. Despite the representations, no response was received from the DoT and the TRAI," he added.

The petitioner also informed the bench that he had sent a representation to the Central Vigilance Commission to investigate the matter.