Big-4 to move High Court on TDSAT’s spectrum order

Bharti Airtel, Vodafone, Idea and Spice have decided to “unitedly” approach the Delhi High Court against TDSAT’s interim order not to stay the spectrum allocation process. “The DoT decision is an attempt to pass off second and new GSM licenses to CDMA operators in the garb of dual technology allocation,” Cellular Operators Association of India (COAI) said in a statement.

COAI said it has decided to approach the High Court, as TDSAT has not given any justification for its interim order. TDSAT, on December 12, had refused to stay the issuance of new licenses to those who had applied as of September

25. Appearing on behalf of the Government, Solicitor General G E Vahanvati said that the Government would go ahead with the allotment of start-up spectrum to the new players. He also said Tata Teleservices’ application for use of cross-over technology would be considered favourably.

On COAI’s plea to stay the process of issuing new licenses, TDSAT chairman Arun Kumar said, “This is a matter of public policy. Let the Government decide.”

According to COAI, the TDSAT order would allow the Government to proceed with the allocation of GSM spectrum to CDMA operators, creating irreversible third party rights and thus rendering COAI’s petition as infructuous.