TDSAT reserves judgement on Uninor against DoT''s penalty drive -Governance Now

TDSAT reserves judgement on Uninor against DoT''s penalty drive

DoT responsible for roll-out delay as it delayed SACFA clearance

PTI | January 6, 2011

Telecom tribunal TDSAT today reserved judgement on new operator Uninor's petition challenging Telecom Ministry's drive to impose penalty on telcos that did not roll out services within the stipulated period.

Uninor is a joint venture between reality firm Unitech and telecom firm Telenor of Norway.

The company had contested the move to levy Liquidated Damages saying "DoT is singularly and solely responsible for delaying, and causing the delay in meeting the roll-out obligations -- by delay in SACFA Clearance, delay in allocation of the complete start up Spectrum and introducing new and onerous mandatory requirements,"

While the company is contesting the penalty charges imposed on it for ten circles, it has already paid liquidated damages for four circles under protest. The deadline for payment of damages for the remaining six circles, for which it has been served notices, expires tomorrow.

While no date has been fixed by the TDSAT to pronounce judgement, Sources tell that the tribunal is likely to pass the order soon.

Uninor, which is among the new telecom entrants that were allotted 2G spectrum, or radio waves, by former telecom minister A Raja, is under scanner on eligibility criteria.

As per latest reports, the DoT has collected over Rs 76 crore penalty from new operators and is expected to get over Rs 218 crore on account of missing roll out obligations.

DoT sent notices to several firms, which got new 2G licenses bundled with start up spectrum but did not start operations in various circles.

As per the conditions of the Unified Access Service License (UASL), the telcos are required to roll-out their networks within one year from the date of allocation of spectrum.

However, this period is to be calculated by excluding delay by SACFA (Standing Advisory Committee for Frequency Allocation) clearance for allocation.

Uninor maintained that if the date of spectrum allocation and delay in obtaining SACFA clearance are properly calculated, then the company will not be liable for damages.

It said the time taken for SACFA clearance should be excluded from the delay period calculated by DoT, which has not been done.

It also said that effective date for calculating delay should be from the allocation of spectrum and not from the day of the licence agreement.

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.