The Cellular Operators Association of India (COAI) has approached TDSAT demanding the cancellation of the GSM spectrum held by Tata Teleservices.
COAI in its petition has sought modification or amendment of the order issued on February 15 cancelling 122 licences after Supreme Court verdict requesting the tribunal to direct the department of telecommunications to do so.
Requesting TDAST, COAI said “Direct the DOT to amend modify/rectify its Record and its Press Release dated February 15, 2012 to the extent that it refers to 122 licences as being cancelled, to bring it in conformity with the directions given by the Supreme Court in the judgement dated February 2, 2012."
A total 141 licences need to be cancelled including that of Tata Tele Services Ltd (TTSL) and Tata Tele Service Maharashtra (TTML)as the apex court had ordered cancellation of all licences issued in 2008 by then Telecom Minister A Raja, the petition said.
COAI is of the view that from a plain reading of the Supreme Court order it is apparent that the court has quashed the GSM spectrum allocated to Tata Teleservices. However, Trai has not included the quashed GSM spectrum (in 1,800MHz band) allocated to the Tatas.
"Hold and declare that 141 blocks of spectrum allocations (which includes spectrum allocated to Respondent number 2 and 3) freed up pursuant to cancelling and quashing of spectrum allocation (under the judgement dated 02.02.2012 passed by the Supreme Court) have to be put in the pool for public auction of spectrum," the petition said.