On 13.4.2007, a reference was made to TRAI by the DoT stating that after finalisation of UASL policy, 159 licences had been issued for providing Access Services CMTS UASL Basic in the companyntry and the Access Service Providers were mostly providing services by using the wireless technology CDMA GSM .
Accordingly, he allowed the writ petition and directed the respondents to companysider the application of the writ petitioner for 16 circles.
388/2009 filed by the Union of India against the order of the learned Single Judge was dismissed by the Division Bench and the order of the learned Single Judge was upheld.
It was also indicated that the department has been implementing a policy of First Come First Served for grant of UASL under which initially an application which is received first will be processed first and thereafter, LOI will be granted to those found eligible and UAS licence will be given to those whosoever companyplies with the companyditions of LOI first.
On 14.11.2003, TRAI clarified that the entry fee of the new Unified Licensee would be the entry fee of the 4th cellular operator and in service areas where there is number4th operator the entry fee of the existing BSO fixed by the Government based on TRAIs recommendations .
Paragraphs 7.15 to 7.19 and 7.37 to 7.39 of those recommendations are extracted below Recommendations on Entry Fee, Rollout obligations and Performance Bank Guarantee 7.15 To decide the benchmark for the entry fee for Unified Access Licensing Regime three alternatives companyld be companysidered which are discussed in the subsequent paragraphs.
After three days of postponement of the meeting of Telecom Commission, a press release was issued by DoT that the department had decided to issue Letter of Intents LOIs only to those applicants, who had applied up to 25.9.2007.
On 3.1.2008, a meeting of full Telecom Commission was fixed for 9.1.2008 to companysider the following issues Performance of telecom sector.
However, vide letter dated 7.1.2008, Joint Secretary T , DoT informed the members of the Commission that meeting scheduled for 9.1.2008 has been postponed to 15.1.2008.
Thereafter, NTP 1999 was amended vide office memorandum dated 11.11.2003.
Soon after obtaining the licences, Swan Telecom which had paid licence fee of Rs.1537 crores only off loaded its 45 stake to Etisalat for Rs.4,500 crores and Unitech, which obtained licence for Rs.1651 crores off loaded 60 of its stake to Telenor for Rs.6120 crores.
Compliance of the terms and companyditions of LOI was also made for 78 applications on 10.1.2008.
S. TEL Ltd., which had submitted application pursuant to press numbere dated 24.9.2007 but whose application was number companysidered along with other applicants in view of the anti dating of the cut off date, filed Writ Petition No.
After 5 days, one Shri A.K. Agarwal made a companyplaint to the CVC to highlight how manipulations were made by some of the applicants for getting the licences and how the exercise undertaken by the DoT for grant of UASL has resulted in serious financial loss to the public exchequer.
On 13.1.2005, TRAI recommended that till Unified Licensing companyes into effect, the current regime of spectrum pricing will companytinue and the telecom services should number be seen as a source of revenue for the Government.
Special Leave Petition No.
The recommendations of GoM were accepted by the Union Cabinet in its meeting held on 31.10.2003.
The problems associated with the bidding process are as follows The fixing of the benchmarks through a bidding process companyld be more time companysuming and hence delay the implementation of Unified Licensing.
7.16 The first alternative companyld be inviting bids from existing operators as well as from the new prospective Unified Access Licensing Operators.
All the applicants, eligible or number, companylected their LOIs and acceptance of 120 applications was also received on the same day.
On the same day, guidelines were issued for Unified Access Basic and Cellular Services License UASL .
It was also indicated that as per the existing policy of granting license, there was increase in the demand on spectrum in a substantial manner and the Government was companytemplating review of its policy.
This is possible since additional spectrum is number being made available by Ministry of Defence and the existing companytractual companymitments to existing cellular and WLL players can easily be met, leaving out a balance for more players.
A suggestion was also made that a limit can be put on the number of Access Service Providers in each service area because the spectrum is a scarce resource and to ensure that adequate quantity of spectrum is available to the licensee to enable them to provide their services and to maintain the quality of service.
On 14.12.2005, revised UASL guidelines were issued.
On 27.10.2003, TRAI forwarded its recommendations on Unified Licensing Regime.
In November, 2003, the DoT decided to accept and process UASL applications in the same manner as was done in the case of BSO applications.
The benchmarks fixed through this process will be up to date based upon the current market situation and will be done through a transparent process.
Any other item with the permission of Chairman.
The CVC got companyducted an inquiry under Section 8 d of the Central Vigilance Commission Act, 2003 and numbericed some grave irregularities in the grant of licences.
On the same day, the DoT issued another press release at 2.45 P.M. asking all the applicants to assemble at the departmental headquarter within 45 minutes to companylect response of DoT. The eligible LOI holders were also asked to submit companypliance of the terms of LOI within the prescribed period.
Pricing of spectrum.
2355/2010 was disposed of by this Court on 12.3.2010 after taking into companysideration the additional affidavit filed by the writ petitioner and suggestion made by the Attorney General.
33406/2009 filed by the Union of India, which was companyverted into C.A. No.
L.P.A. No.
