Telecom tribunal dismisses Reliance Communication's plea for GSM spectrum

12 Jan 2009

The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has dismissed Reliance Communication's petition seeking start-up spectrum in six circles where its subsidiary Reliance Telecom was already providing GSM services.

The TDSAT bench headed by Justice Arun Kumar dismissed Reliance Communication's plea observing that the Anil Ambani-led firm had already accepted the money refunded by the government ''without demur''.

''Petitioner has accepted the amount returned toward six circles without demur. The ground of denial of start-up spectrum regarding six circles by respondent (DoT) seems justified. Therefore, we find no merit," TDSAT said in its order dismissing the petition.

Criticising Reliance Communication's petition, the tribunal observed: ''You seem to be greedy. Your acceptance of money returned by the government means you have lost the ground,'' the order said.

Counsel for the department of telecom Sanjay Hegde submitted that in the the six circles - Bihar, Himachal Pradesh, Madhya Pradesh, Orissa, Kolkata and West Bengal - Reliance Telecom Ltd was already operating GSM services under UAS licence given to it.

Reliance Communication's counsel R S Prabhu submitted that the DoT's policy did not mention anything about it and based on it the company had submitted the money. He also claimed that Reliance Telecom was a sister concern and is an altogether different entity.