SC allows Airtel, Vodafone, Idea 3G pacts until 11 April
Firms can maintain until 11 April pacts allowing them to offer 3G services outside their licensed zones
New Delhi: The Supreme Court has restrained the department of telecommunications (DoT) from taking any coercive action against Bharti Airtel Ltd, Vodafone India Ltd and Idea Cellular Ltd until Thursday for offering 3G services through roaming agreements in licence areas where the companies didn’t win spectrum in a 2010 auction.
Bharti approached the apex court on Friday after a two-member division bench of the Delhi high court set aside a stay order by a single-judge bench on DoT’s directive banning the company from offering 3G roaming services in some circles.
The division bench’s order came on an appeal by Reliance Communications Ltd. Bharti is arguing that the high court should not have accepted Reliance Communications’ plea.
Bharti has until Thursday, when the apex court will hear the case again. Bharti cannot acquire new subscribers, nor can DoT take any action towards recovering the ₹ 350 crore penalty imposed on the company, during this period.
DoT has imposed a penalty of ₹ 50 crore for each of the seven telecom circles in which Bharti Airtel was offering 3G services through a pact with Vodafone India Ltd and Idea Cellular Ltd, without winning spectrum in the auction of 3G airwaves.
In July 2011, the three telecom companies signed roaming agreements to offer 3G services in circles where they did not have the spectrum. The telcos argued that DoT had said roaming would be allowed and did not specify whether it was intra- or inter-circle roaming.
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