Telecom tribunal TDSAT today sought government response, on a plea by Idea Cellular, for changing spectrum allocation policy based on first-come, first-serve principle.

On January 10, 2008, the Department of Telecom (DoT) had changed the spectrum (radio waves) allocation policy from first-come, first-serve to first-pay, first-served basis during the regime of former telecom minister A Raja.

Idea Cellular has contended that while allocating new licenses, bundled with start up spectrum, DoT had arbitrarily changed the policy by advancing the cut-off date for accepting licence applications.

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) also issued notices to several operators -- Tata Teleservices, Uninor, Etisalat DB, Videocon and Loop Telecom -- who got spectrum in 2008, under Raja's regime.

Idea plea has said the process of grant of UASL commences with the submission of application for issuance of LoI and culminates with the allocation of the start up spectrum.

It said the entire procedure -- starting from the submission of application and culminating into the allocation of spectrum -- is a single process and cannot be broken up into separate stages as was sought to be done by the DoT press release of January, 2008.

Idea has alleged that the decision was taken to benefit a select few applicants -- who were lower in the list for grant of LoIs, based the dates of their applications -- and would not have been entitled to licences/spectrum before it (Idea) had DoT strictly applied the first-come first-serve policy.

Under the new policy, Letters of Intent (LoIs) were issued to all eligible applicant for spectrum who had applied up to September 25, 2007.

The grant of the UASL license was bifurcated into issue of LoI and grant of licence. All those who were first on the list were to be granted LoIs, on the fulfilment of UASL conditions. .

Idea Cellular has also challenged the non grant of 4.4 MHz start-up spectrum to it for the Delhi circle, even after the lapse of one year, while one operator has been granted the radio waves despite applying after it.

Idea has sought direction of the tribunal to DoT for the allotment of start-up spectrum to it in the Delhi circle and the striking down of the press release of January 10, 2008.

Senior advocate Ramji Srinivas, appearing for Idea, said that DoT has changed allocation of spectrum policy without any valid and cogent reason.

The operator said that in its affidavit before TDSAT, the DoT has said that Tata Tele Services Ltd (TTSL) will be eligible for re-determination of his seniority as on date of deposit of fee.

Further, after the determination of seniority, TTSL's application for amendment of UASL and allotment of spectrum shall be considered, as if it had been made immediately after January 10, 2008.