3G roaming issue faces a roadblock

NEW DELHI: In an unexpected crackdown, DoT has opposed 3G roaming between operators and is considering punitive measures against those who currently have intra-circle roaming (ICR) agreements.
DoT’s tough stance follows the aggressive position taken by industry captains — Sunil Mittal of Bharti Airtel, Vittorio Colao of Vodafone and K M Birla of Idea, along with Anil Ambani of RCOM and Ishaat Hussain of the Tatas — in asking the PM to refund their 3G bid deposits, with interest, if it intends to revoke permission for 3G roaming.The government collected revenues of Rs 67,719 crore from 3G spectrum auctions and returning the money now, almost two years later, threatens to be a severe pinch.
Documents with TOI reveal that the DoT has concluded that 3G roaming cannot be permitted, following detailed analysis of Trai’s assessment of October 20, 2010 and advice from the DoT’s licence fee and access service divisions. “The broad view that is emerging is that it is impermissible,” telecom secretary R Chandrasekhar told reporters while adding that the ministry will soon take action.
DoT is tilting towards the view that “action can be taken against licensees who are offering services using the 3G spectrum in a local service area (LSA) without winning the same in the auction for that LSA as per conditions mentioned in licence”.
Possibility of action under IT Act 1885 as suggested by Telecom Enforcement and Resource Monitoring (TERM) Cell, Delhi, is also being explored. Deteriorating talks between industry and telecom minister Kapil Sibal forced the industry captains to first write to and later meet the PM on November 30. They also met ministers Sibal, Anand Sharma and P Chidambaram, Chandrashekhar and Pulok Chatterjee, principal secretary to PM, on the same day.
The PM had assured operators on December 7, that their concerns would be addressed.
However, these assessments from multiple wings of DoT, delivered at the end of November, alongside the meeting of operators with the PM, reflect a huge gap between the GSM operators’ understanding of their rights arising out of licence and written communiqués before the 3G auction on one hand, and the Trai view and its assessment by multiple wings of DoT on the other.
The argument against 3G roaming arises out of the Trai’s assessment of its implications on national security, non-level playing field amongst service providers who have obtained spectrum via auction; loss to the exchequer; violations of licence conditions; and the fact that 3G roaming is similar to mobile virtual network operator which is currently not permitted. DoT is unwilling to seek the Trai’s comments in respect of registration of 3G tariff plans in cases where the concerned licence is not amended for use of 3G spectrum. DoT feels Trai’s comments already specify, “this is prima facie a violation of terms and conditions of licence”.
Any reconciliation of this deadlock appears difficult as it will require a complete reversal of unambiguous written opinions by multiple DoT officers, which has further been approved by senior officials without any adverse comments or direction for review so far.