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Policy & Regulation
TDSAT stays Qualcomm’s BWA spectrum cancellation
TT Correspondent |  |  29 Sep 2011

Telecom tribunal TDSAT on Wednesday stayed the DoT''s decision to cancel the Qualcpmm’s (BWA) spectrum licences, for which it had successfully bid for over Rs 4,900 crore in 2010.

 

TDSAT will now hear the matter on October 20. It has given two weeks time to DoT to reply to Qualcomm’s plea.

 

TDSAT’s interim order has brought a major relief to the US company in which TDSAT bench headed by its chairman, Justice S B Sinha, has restricted the Department of Telecom (DoT) from allotting the BWA spectrum earmarked for Qualcomm to any other operator till further orders.

 

Qualcomm had challenged the DoT's notice of cancellation of spectrum allotment in four circles that the US firm had successfully bid for under the auction. These circles are- Delhi, Mumbai, Haryana and Kerala .

 

During the proceedings, senior advocate C A Sundaram, appearing for Qualcomm, said its application for an internet service provider ( ISP) licence was rejected. This was ostensibly on the basis that it had appointed four nominees for the spectrum, among other reasons.

 

Sundaram contended that Qualcom had bid for four circles and so it had made four nominees for the respective circles.

 

He further contended that it was according to the terms and conditions of the NIA (Notice Inviting Applications) that one nominee was to be appointed for each circle.

 

However, advocates appearing for the DoT said it was against giving spectrum to four different nominees of Qualcomm at a time.

 

In its petition, the company expressed fear that its licence may be revoked and the spectrum may be allotted to someone else. Moreover, according to the terms and conditions of the contract, the entire money can be forfeited if the spectrum allotment was cancelled, the company said.

    
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29 Sep 2011(IST)  
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