Telecom tribunal TDSAT has dismissed Reliance Communications’ petition against government’s July 3 circular that it would allot two blocks of 1.25 Mhz to existing GSM operators in the proposed auction, while the CDMA players can bid for one only block.
Rejecting RCom’s plea, the TDSAT bench headed by its chairman Justice S.B. Sinha said, "The impugned guidelines in our opinion, being not final, cannot be held to be conclusive and binding on the parties hereto. We, therefore, are of the opinion that this petition is not maintainable at this stage,".
RCom called DoT’s approach discriminatory. “This approach of the government is discriminatory and leads to non-level playing field among the similarly placed UAS licensees," RCom said in its petition.
The bench said that Rcom can approach it in future if any cause of action arises in it. It said that guidelines issued by the government for the proposed spectrum auction were not final and the government may 'modify terms and conditions at any point of time and before the commencement of auction process'.