Vodafone, in a letter to DoT and the Empowered Group of Ministers, has pointed out that the TDSAT Order dated 01.08.12 in Petition No. 461 of 2012 is a re-confirmation that its licenses and spectrum are already technology neutral.
It was submitted that this was evident from the fact that the Tribunal whilst narrating the facts has recorded that “The basic facts of the matter is not in dispute.” and whilst narrating these facts has noted that:
“The petitioners are licensees according to them there cannot be any doubt or dispute that the licenses granted to the Petitioners are technology neutral and consequently they are entitled to use the spectrum allocated to them pursuant to or in furtherance of the license granted in their favour in any manner whatsoever and irrespective of the nature of the spectrum.”
It was further pointed out that the Petition has been held to be non-maintainable on the grounds that the guidelines which had been challenged had not attained finality nor were they capable of being enforcement against existing licensees. The Tribunal however gave Vodafone the liberty to approach the Tribunal again as and when the occasion arises.
Vodafone has thus submitted to DoT and the EGOM that given the undisputed fact that they are entitled to use the spectrum allocated to them in any manner whatsoever and irrespective of the nature of the spectrum, DoT should not take any decision unilaterally amend the technology neutrality/ already liberalized spectrum, enshrined in the Agreement as this may constitute an arbitrary and illegal action.
It was also stated that any further decision that is contrary to this well entrenched principle will be equally arbitrary, illegal and bad in law.