Delhi HC refuses to stay spectrum allotment to RCom

In a set back to GSM operators, the Delhi High Court today refused to stay the process of spectrum allotment to Anil Ambani-led Reliance Communications and other new aspirants under dual technology.

During the proceeding senior advocate Fali Nariman, appearing for GSM lobby group, Cellular Operators Association of India, requested before the single-member bench to stop the allocation of spectrum to RCom.

Nariman also mentioned an application filed by the COAI before the court to stay the whole process. However, Justice Gita Mittal refused to stay and directed to adjourn the matter till January 14.

On Thursday, the Department of Telecom had issued letters of intent to the eligible new aspirants and also approved in-principle GSM spectrum allotment to Reliance Communication.

The GSM operators went to the High Court following the directions given by it on January 3. On that day the court had declined to give any relief to the GSM operators anticipating that there would be no major development in the coming week.

"Nothing is going to happen in 4-5 days. The moment anything happens, you (petitioner) come to the court," the High court had said to COAI.

The court had also directed the telecom operators to file their replies before the sectoral tribunal TDSAT, where the allotment issue is pending, with a clear instruction not to take any adjournments in this case.

In this issue, the High Court has already held - "anything done by respondent number 1 (Centre) in furtherance of an application made by Reliance will be subject to the outcome of this writ petition."

COAI had challenged the order of telecom tribunal TDSAT, which had refused to stay the process of spectrum allocation. On January 9, the government said before the Telecom Disputes Settlement and Appellate Tribunal that there was enough spectrum available for the existing as well as new players even after allotting spectrum to Rcom.