Is it 122 or 141 or 163? There is still no clarity on the actual number of 2G licences to be cancelled after the Supreme Court's order. While a section of the Government thinks it should be 122, others say that it's actually 141. The confusion is over the GSM spectrum given to Tata Teleservices.
The Supreme Court, in its order on February 2, had said that all licences issued on or after January 10, 2008 and subsequent allocation of spectrum to the licences are declared illegal and are quashed.
The problem is that Tata Teleservices got its licences way before 2008 but got GSM spectrum after this date. Those supporting the company argue that the apex court's verdict clearly stated that spectrum allocated to licences given on or after January 2008 should be cancelled. They say only 3 licences issued to Tata Teleservices after this date are to be cancelled.
But others, including industry body Assocham (headed by Mr Rajkumar Dhoot of Videocon, which had also bid for telecom licences), reckon that the spectrum allocated to the company in the other 19 circles should also be taken back. Assocham , in a letter to the Communications Minister, has stated that a total of 141 licences should be cancelled and this would make more spectrum available for auction.
Tata Teleservices has protested strongly against Assocham's letter seeking cancellation of its dual-technology status. In a letter to the industry body, Tata Teleservices has termed Assocham's letter as one that “serve the interests of a handful of powerful members within the industry body”.
“The Telecom Dispute Settlement Appellate Tribunal has reaffirmed that TTL, which was an existing licensee, should have got its GSM spectrum on January 10, 2008 itself—ahead of the new licensees of 2008,” TTL said.
Legal opinion
A senior official in the Department of Telecom said that it has sought further legal opinion on the Tata Tele matter.
Meanwhile, the Cellular Operators Association of India wants the number of licences to be cancelled to go up to 162. The industry body representing incumbent GSM players also want the spectrum given to Reliance Communications under the dual technology to be taken back. But there are not too many takers for this as the company had received both licences and spectrum in 2007 itself. The industry body has therefore sought a separate ruling from the Supreme Court on this issue.
Either ways, the Government has to make up its mind pretty soon for the apex court wants the licences cancelled by September 7.