New Delhi: In a major setback to the telecom department and in a big boost to Airtel, Vodafone and Idea, telecom tribunal TDSAT allowed operators to offer high speed data services 3G, even outside their licensed zones through intra-circle roaming pacts with each other.
TDSAT also quashed penalties on these operators for entering into 3G intra-circle roaming pacts. TDSAT said MTNL, BSNL and Reliance can also enter into similar arrangements with other operators. The tribunal held that not allowing such roaming pacts will result in under-utilisation of 3G spectrum which is not in national interest.
In 2010, no telecom player had won pan-India 3G spectrum during the high valued auction. So these players entered into intra-circle roaming agreements to offer 3G services even in those circles where they didn’t win the 3G spectrum.
However, telecom department had termed these agreements illegal and asked these players to stop 3G services in those circles where they didn’t win spectrum. Bharti, Vodafone and Idea had even written to the Prime Minister to save their 3G roaming pacts.
“We find and hold that the intra-circle 3G roaming arrangement does not violate any provision of the UAS licence held by the two sides and it is not open to the government to prohibit the petitioners from carrying out the services in terms of the agreements. We accordingly quash the orders passed by the committee at the DoT on 15 March 2013 in case of Bharti and on 5 April 2013 in case of Vodafone and Idea,” said the TDSAT.
