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A Raja Letter to JPC

A Raja Letter to JPC

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Published by: NDTV on Apr 22, 2013
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6.5 This was the clear understanding of the AS Wing of the DoT also. In
the Draft Statement of Case prepared by the AS Wing, it has been
clearly recorded:

Similarly it is proposed to give approvals for usage of alternate
technology to other UASL operators also presently using any
one of the wireless access technology (GSM or CDMA) on
payment of required fee. However, in order to ensure that only
serious players are to be considered, such requests for dual
technology spectrum may be considered only from those


applicants who have already met the existing roll out criteria in
their existing UAS Licenses.69

6.6 This continued to be the consistent stand of the AS Wing. Even on
07.08.2009, the following note has been recorded:

Before processing the pending requests for dual technology
spectrum of these companies, it is also expected to get rollout of
services by these companies using their single technology
spectrum so that these companies do not hoard the scarce
resource of spectrum.70

6.7 In addition, all the existing conditions of the UASL would also
continue to apply. This was also made clear in the letters of in
principle approval for use of dual technology. One of the important
conditions here is that before any additional spectrum can be

allocated, the licensee should a ‘No Dues Certificate’ from the WPC

Wing for its existing spectrum charges.

6.8 Now returning to the dual technology applications by Reliance,
Shyam and HFCL, I issued the following orders on 17.10.2007 after
the Telecom Commission gave its report on the TRAI

In view of above approvals, pending requests of existing UASL
operators for use of dual/ alternate wireless access technology
should be considered and they should be asked to pay the
required fees. Allocation of spectrum in alternate technology


D-7 at 4/C, para 8(i).


F. No. 20-228/2009-AS-I at 21/N para 7(ii). (DoT Additional Documents received on 04.07.2012, Sl.

No. 3)


should be considered from the date of such requests to WPC
subject to payment of required fees.71

6.9 Again after discussions with the S(T), on 18.10.2007 I recorded:

For allocation of spectrum for dual technology, the date of
payment of required fee should determine the seniority.72

6.10 Some allegations have been made that there is some contradiction
between the orders of 17.10.2007 and 18.10.2007. Actually they are
complementary to each other. Since I was dealing with applications
that had been pending since early 2006, at which time even the dual
technology policy was not clear, the applications could not be given
seniority from those dates. the only possible date for giving seniority
had to be the date of payment of the crossover fee.

6.11 Accordingly, in the Press Release issued on 19.10.2007, it was
provided as follows:

The existing UAS Licensees, who have already applied for
allocation of spectrum for the alternate technology shall also be
considered for allocation of spectrum in alternate technology
from the date of payment of prescribed fee.

6.12 It must furthermore be noted that all these orders and Press Release
were issued specifically to deal with the pending applications for dual
technology only. That is made expressly clear in the orders as well as
the Press Release. They did not deal with future applications for dual


D-5 at 19/N.


D-5 at 21/N.


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