Norms violated to get 3G licences, alleges 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 Department of Telecommunications (DoT), a petition filed in the Delhi High court Wednesday alleges.

The public suit was filed before a bench of Chief Justice Dipak Misra and Justice Sanjiv  Khanna. It said private operators had bypassed the  terms and conditions of the licence and DoT directions and started providing 3G services even in those areas  where they did not get the spectrum. 

“The operators did not pay 3G spectrum fee and their 2G licences were not amended to include clause 23.7 permitting the use of 3G spectrum and provision of 3G services,” said the petitioner.

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

The petitioner further said he had made a representation to the DoT and the Telecom Regulatory Authority of India (TRAI) to ensure that 3G services were not provided by non-licensed operators, causing huge financial losses to the national exchequer and creating a security risk since their 3G services were not approved.

“No response was received from the DoT and TRAI,” the petitioner said.

The petitioner also informed the bench that he had sent a detailed representation to the Central Vigilance Commission to investigate the  matter and ensure and no financial loss is caused to the nation, but had not received any reply.