DoT gearing up to penalise telcos over network roll-out delays

Rs 135 crore penalties to be imposed on old telcos

PTI | November 29, 2010



Even as the government contemplates the imposition of penalties worth over Rs 135 crore on old telcos that have not completed network roll-out in circles allotted to them, the Telecom Ministry is likely to issue showcause notices to new operators for similar lapses.

Sources in-the-know said the Department of Telecom (DoT) may decide on a report by the Telecom Regulatory Authority of India (TRAI) that recommended the cancellation of about 69 licences over non-fulfillment of roll-out obligations this week.

The allegations of irregularities in the allocation of 2G spectrum, which are estimated to have caused a revenue loss of over Rs 1.76 lakh crore to the exchequer as per the Comptroller and Auditor General of India, continue to disrupt Parliament proceedings, even as the case is probed by various agencies including the CBI, CVC and Enforcement Directorate.

The Telecom Ministry had earlier proposed imposing a penalty (or liquidated damages) of Rs 477 crore (which was later reduced to Rs 135.60 crore) against old operators, including Bharti Airtel, Tata Teleservices, RCom, Aircel and others.

The penalty was lowered after several representations by the old operators, who said that roll-out obligations should come into effect from the date of allotment of spectrum and not from the date of issuance of licences. They also claimed that statutory clearances came through late, which caused cascading delays in the roll-out of services.

As per the revised figures, Bharti Airtel faces a penalty of Rs 31 crore, while the Tatas (CDMA operations) are likely to be asked to be paid liquidated damages of over Rs 40 crore.

Meanwhile, the Department of Telecom (DoT) has asked its Telecom Enforcement Resource Monitoring (TERM) cell to collect data on the status of network roll-out by individual operators through field surveys.

This, the officials said, is done by the DoT on its own from time-to-time to ensure that the roll-out of services takes place as per the licence terms and conditions for effective utilisation of spectrum.

TRAI had last week submitted suo moto recommendations asking the government to cancel 69 new licences awarded to five operators, including Etisalat, Uninor and Videocon, by former Telecom Minister A Raja in January, 2008, as the licencees failed to roll out services at all, or only did an improper roll out.

Asked whether the DoT may initiate action to cancel the licences, sources said cancellation may not be a viable solution as this would cause hardship to the customers.

Instead, new Telecom Minister Kapil Sibal may ask these firms to cough up more money to compensate the loss, if any, to the exchequer. .

The regulator had recommended that the licences should be cancelled for at least 15 circles given to Etisalat, a company earlier known as Swan Telecom, which the CAG has dubbed as a front company of the Anil Ambani group, besides 10 circles given to Sistema-Shyam.

Sistema-Shyam, a JV between the Shyam Group and Russian giant Sistema, claims to have rolled out services in all 22 circles where it has licences, with over seven million subscribers in its kitty.

Similarly, Uninor -- a JV between Unitech and Telenor of Norway -- has rolled out services in 12 circles and is in the process of starting services in other areas.

As per the licence conditions, the licencees are required to roll-out services in 90 per cent of service areas falling in metros and 10 per cent in the district headquarters of other service areas within 12 months from the date of award of licences.

Among the old operators, besides Bharti, the Tatas and RCom, Aircel faces a penalty of Rs 28.85 crore, while HFCL is faced with liquidated damages of Rs 7 crore.

The two telecom PSUs -- BSNL and MTNL -- and Vodafone-Essar face no penalty.

"The cases for imposition of liquidated damages were processed since 2005 and showcause notices for imposition of liquidated damages (amounting to Rs 477.15 crore) were issued in 96 cases to 10 operators," highly placed sources said.

The DoT said that practically all service providers (prior to 2005) have defaulted on roll-out obligations, which indicates there is a need to re-look into the licence conditions.

 

Comments

 

Other News

How the mind can help the body heal itself

Why do some people recover from illness against all odds? Can our beliefs, emotions and consciousness influence the body’s ability to heal? Drawing on over three decades of experience in medicine, research and medical innovation, internationally trained ophthalmologist and author Dr Dinesh Verma ex

1,364 anti-cancer formulations to cost less from today

The National Pharmaceutical Pricing Authority (NPPA), under the Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers, has capped trade margins on the Maximum Retail Price (MRP) of 137 anti-cancer drugs. This was based on the recommendations of an Expert Committee constitute

Who checks the books?

I read about the news about the Coimbatore library over coffee this morning. On the face of it, the headline was about a political ‘war’ between the DMK and TVK. But what stayed with me was something much more important than the blame game behind what had transpired. A writer walking through

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

A new retelling of the Mahabharata delves into key moments

In a time when every decision carries consequences and questions of ambition, power, loyalty, identity and moral choice continue to shape our lives, Dr. Arun Krishnan’s new book, ‘Mahakshana’ (Penguin India) offers a strikingly relevant retelling of the Mahabharata.  

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter