TDSAT Reconfirms Vodafone India Licenses, Spectrum are Technology Neutral

TDSAT Reconfirms Vodafone India Licenses, Spectrum are Technology NeutralVodafone, 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.

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22 Comments on "TDSAT Reconfirms Vodafone India Licenses, Spectrum are Technology Neutral"

 

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Wakil
August 25, 2012 11:53 pm 11:53 PM

please dont use vodafone 3g in transyamuna area of delhi, speed average only 3-50 kbps, yes u c rightly. Idea is best in these area. Telling this after personally experiencing and wasting thousands of rupees on scamsters like reliance netconnect+, very average providers like vodafone. Mtnl offered decent but fluctuating speeds.

singh
August 7, 2012 6:21 pm 6:21 PM

@zeeshan
hello zeeshan, today i bought BSNL sim and i got offer with full talktime and some free calls. My hand set is nokia c2 which is dual phone. Now i need one more sim card. Pls guide me, i am bit confuse between reliance, idea, airtel and vodafone or if any one. Pls suggest which one would be best for second sim.

zeeshan
August 5, 2012 10:38 am 10:38 AM

If dot takes action against airtel, vodafone and Idea for providing 3G services where they do not have spectrum then 3G of Airtel will stop working. 3G of Airtel will work same as vodafone as Airtel also uses Idea’s 3G network. As far as 2G in concerned only three operators operates on 900 Mhz. 1. BSNL, 2. Idea and 3. Idea. Choice is yours. Best of luck. @Fahad

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