Tata group firm TTSL today submitted before telecom tribunal TDSAT that the government was under obligation to allocate spectrum to it ahead of new telecom operators, who were given preference arbitrarily in 2008 during the tenure of former telecom minister A Raja.

Senior advocate Ramji Srinivas, appearing for Tata Teleservices Ltd (TTSL), said the company was an old licensee and had the right to get spectrum before new entrants.

TTSL moved TDSAT seeking direction to the Department of Telecom (DoT) to allot it spectrum (radio waves) in Delhi and other 39 districts in 9 service areas.

Terming the government move as arbitrary, TTSL approached the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) against the DoT decision to allocate spectrum to new operators ahead of it.

Srinivas said that as per the government policy, new telecom operators can't be given priority over the existing ones by DoT.

He added that DoT illegally and arbitrarily withheld in-principle approval for giving out radio waves for three months, and even after giving that in January 2008, it has not allocated the spectrum so far.

"TTSL, being existing licensee, was entitled to spectrum as on January 10, 2008, when DoT in-principle granted it approval," Srinivas submitted.

He said TTSL had paid the entry fee on the same day, and applied for the spectrum, but DoT has yet not allocated it 4.4 MHz start-up spectrum in Delhi and other 39 district.

TTSL seniority stands on October 29, 2007, when it applied for the licence, he added.

DoT will put its submission on the next date of hearing.