29 September 2011

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PIL Illegal Use 3G Services loss Rs 20,000 Crore to Govt.of India Delhi High Court orders Government to respond

PIL Illegal Use 3G Services loss Rs 20,000 Crore to Govt.of India Delhi High Court orders Government to respond

Advocate Anand said that he had moved the Court after the DoT, the Central Vigilance Commission and the Telecom Regulatory Authority of India failed to take action on his representations to them on the misuse of the spectrum.

Supreme Court lawyer Yakesh Anand filed public interest litigation (PIL)
against the Union of India through the department of telecommunications (DoT), finance ministry, home ministry and the Telecom Regulatory Authority of India (Trai) as well as the operators.


The Petitioner was seeking from the court directions to the DoT and TRAI to take steps to stop this alleged misuse of 3G services and spectrum by non-licensed operators.
also seeking directions to the CVC and or CBI to investigate this whole issue of provision of 3G services by Airtel, Idea and Vodafone and the alleged connivance/ actions and inactions on the part of some officials of the DoT and TRAI as well as the MHA and MoF.

The petitioner advocate Yakesh Anand has alleged in his petition that, "the various private operators have entered into agreements among themselves for using each other's network and spectrum and provide 3G services, even in those areas and circles in India, where they neither have the license nor any 3G spectrum, thus entering into 3G area of operation through the back-door."

There is no provision in the DOT guidelines for sharing of the spectrum by telecom operators," the petition said.

The petitioner has particularly mentioned top cellular companies like Bharti Airtel, Idea Cellullar and Vodafone.

The petitioner said the three together had caused a loss of Rs.20,000 crore to the exchequer by illegally using the spectrum of other licence-holders.

The petitioner also alleges that the actions of the operators have caused a loss of Rs
20,000 crore to the exchequer and pose a threat to national security.

Petitioner said that
1. Bharti Airtel has licences only for 13 circles, but it was providing services in 17 circles

2. Idea Cellullar has got licences to provide services only in 11 circles, but it was providing it in 15 circles

3. Vodafone has licences for only nine circles, but it was making the services available in 12 circles.

Advocate Anand has also alleged that the DoT, TRAI and Ministry of Home Affairs (MHA) and Ministry of Finance (MoF) were aware of the violations but failed to check the same.

Anand further said that the provision of 3G services through Intra Circle Roaming Arrangement in respect of 3G services is a violation of 3G license condition No. 23.7 which does not permit the licensees to share their 3G spectrum with non-licensed operators.

After hearing the petition on Wednesday Delhi High Court directed Additional Solicitor-General A.S. Chandhiok to take instructions from the Union government to respond to a public interest litigation petition seeking judicial intervention for an inquiry into an allegation that certain private cellular operators provided 3G mobile services even in circles where they did not have a licence.

Next Date of the case –
The matter will come up for hearing on November 3.

Reality views by sm –
Thursday, September 29, 2011

Tags-3G Scam Illegal Use Airtel Delhi High Court PIL IDEA Vodafone

6 comments:

Renu September 29, 2011  

see how the disregard regulations and there is no body to check them.

veerubhai September 29, 2011  

Thanks for this story which exposes this "Crow scare bar "govt.,the master scamestars.

Kirti September 29, 2011  

There are various parameters based on which the cost accounting of a telecom system may be done.
1) Extent of spectrum usage (money or rather return on money)
2) Value added service to consumers(money terms)
3) The extent of support towards poverty removal in rural areas (money terms)
Financial accounting does not give a correct picture. Why are people scared of cost accounting, I cannot understand.