TDSAT upholds DoT's policy on dual spectrum

NEW DELHI, INDIA: Telecom Disputes Settlement and Appellate Tribunal (TDSAT) today upheld the government’s move to allowReliance Communications and Tatas to offer mobile services under CDMA as well as GSM domain.

Rejecting the allegations of the Cellular Operators Association of India (COAI), GSM operators’ allegations, TDSAT said: “...we do not find any ground to level malafide intention on the part of Department of Telecom (DoT) and accordingly hold that the issue of early completion of formalities is not a matter that would require intervention at our level.”

The tribunal also rejected the contention of COAI that as per licence condition and National Telecom Policy of ‘99, they have the right to hold spectrum up to 15 MHz, said a PTI report.

TDSAT observed that the concept of dual technology, under which CDMA operators such as RCom and others got GSM spectrum, was not new.

It also criticized TRAI for not being fair enough and doing proper exercise over the concept of technology neutrality, the PTI report said.

“TRAI did not exhibit the required degree of care and has avoidably given the impression that the concept of technology neutrality was something new,” TDSAT said.