TDSAT directs Qualcomm, DoT to resolve differences

Qualcomm had challenged the notice of the DoT for canceling the allotment of spectrum in the four circles

PTI | November 9, 2011



Telecom tribunal TDSAT on Tuesday directed representatives of Qualcomm and the Department of Telecom (DoT) to meet and resolve their differences over grant of broadband wireless access (BWA) licence, for which the US-based firm has successfully bid in four circles.

TDSAT was hearing a petition filed by Qualcomm challenging the notice of the DoT for cancelling the allotment of spectrum in the four circles.

Qualcomm had bagged BWA spectrum for Delhi, Mumbai, Haryana and Kerla circles and LoIs were allotted to the company.

Qualcomm's application was rejected on the basis that it had made four nominees for the spectrum. The company is fearing that its licence may be revoked and spectrum may be allotted to someone else.

According to the terms and condition of the contract, the entire money can be forfeited, if the spectrum was to be cancelled, the company had said in the petition.

The Telecom Disputes Settlement and Appellate Tribunal directed the representative of Qualcomm and DDG (Licensing & Finance) of the DoT to meet on coming Monday (November 14), to resolve the issue of grant of licence.

The tribunal also directed the DoT to make its stand clear on the issue of clause 3.7 of the NIA (Notice Inviting Application.

The clause mandates that the money should be paid to the government within three months of the LoI. DoT is contending that Qualcomm paid the amount after the lapse of the said period.

DoT also sought three weeks to verify the dues of the company and its representative firms which are to receive the BWA spectrum.

However, it assured the tribunal that after Qualcomm passed the first stage, the WPC wing would then consider their plea for enmarking of spectrum, in accordance with the Notice Inviting Application (NIA).

DoT's assurance came after the counsel representing Qualcomm raised apprehensions that after grant of licence, it would have to face again the same difficulties by the WPC while getting the spectrum.

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