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GSM operators urge tribunal to speed up hearing on dual tech

Our Bureau

New Delhi, Aug 19 With Reliance Communications close to launching its GSM-based cellular services, existing operators on Tuesday pleaded before the telecom tribunal to start hearing at the earliest on their petition challenging Government’s decision to allow dual technology.

Existing GSM players had filed the petition in October 2007 against Government’s decision to allow Reliance to offer both GSM and CDMA services under the same unified access licence. GSM players’ main contention is that Reliance’s application was considered out of turn which has eaten into their quota of additional spectrum.

They have also questioned the process under which the Government had cleared RCom’s application.

DOT affidavit

The Department of Telecom had filed an affidavit on Monday refuting GSM operators’ allegation and placed before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) actual allocation of airwaves made by the Government to existing players in the last eight months.

The tribunal today asked the Cellular Operators Association of India, representing the GSM players, to file its response to the DoT affidavit. COAI’s counsel Mr Abhishek Manu Singhvi said the process of filing replies and rejoinders would delay the whole process and requested the tribunal to immediately start the hearing. This was turned down by TDSAT’s Chairman, Mr Justice Arun Kumar, who asked COAI to file its reply by August 22 and also directed DoT to file rejoinder by September 1.

Next hearing

TDSAT has fixed September 4 as the next date for hearing. DoT’s counsel said the case would have been settled five months ago if COAI had not taken the case to the High Court.

Meanwhile, some of the GSM players expressed apprehension that the delay in hearing the case could allow Reliance to launch its GSM operations after which it would be very difficult to reverse the process.

They have also questioned the composition of the TDSAT bench as one of its members had earlier wrote to the telecom regulator supporting the decision to allow dual technology. The said member had written the letter to TRAI in 2007 when he was not part of the TDSAT bench.

“It was widely expected that the member would excuse himself from the proceedings of the tribunal given his known position on the issue of dual technology. There is a precedent when TDSAT members had voluntarily kept away from cases where their stance was already known,” said a GSM player.

Related Stories:
TDSAT dual tech hearing on Feb 14
RCom wants GSM spectrum in 900 Mhz
RCom gets GSM spectrum

More Stories on : Telecommunications | Reliance Communications Ltd | Technology

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