"It is submitted that it is a matter of policy decision which has been taken in the larger public interest and having regard to the interest of consumers who would be benefited by
the increased competition," the department of telecom (DoT) said in an affidavit filed through Solicitor General Of India, Goolam E Vahanvati. "The petitioners has no right to oppose or challenge this policy decision," the affidavit said.
The Cellular Operators Association of India (COAI), the representative body of existing GSM players, challenging the decision to allow dual technology in the sectoral tribunal accused the government of favouring a particular CDMA operator to enter GSM arena and also questioned the manner in which it was done.
Clarifying its stand over the spectrum allocation and permitting dual technology, the government said that it would give priority to the pending applications of the various players in 23 circles.
"Such applications pertain to all the existing 23 service areas. These application would be decided on the basis of the norms that would be finalised after the receipt of the committee report," said the DoT in its 8-page affidavit filed by its assistant director.
It also cleared that its second priority for allocation would be to the UAS licences issued in 2006. "The second category pertains to UAS licence issued in the month of December 2006, who have not been alloted initial start up spectrum ... the effective date of these licences vary from December 5, 2006 to December 14, 2006," it said, adding that this category would get the start up spectrum after the first category is dealt with.
On the use of dual technology the government said, "thereafter, the companies to which 'in principle approval' to use GSM technology under the existing UASL, has been issued on October 18, 2007 would be considered for grant of start up spectrum."
The government also said the COAI is giving wrong impression that the parties who have made payment, would get priority over the existing operators over request for additional spectrum. "Such an impression is not correct," said DoT to the Telecom Disputes Settlement and Appellate Tribunal.
On Monday, during the proceedings, the TDSAT Chairman Justice Arun Kumar had directed the government to file an affidavit within 24 hours having all facts and developments pertaining to spectrum allocation.
The tribunal has listed the matter on December 12, for next hearing, while giving a go ahead to the committee constituted by DoT for allocation.