New Delhi, Dec 5 (UNI) In a setback to the GSM operators, telecom tribunal Telecom Disputes Settlement and Appellate Tribunal (TDSAT) today rejected affidavit filed by the Cellular Operators Association of India (COAI), which accused the government of changing its policy on the spectrum allocation in a 'covert and malafide' manner.
The COAI had filed the affidavit as part of the ongoing battle against the government's decisions on allocation of additional spectrum and usage of dual technology.
Rejecting the plea, TDSAT Chairman Justice Arun Kumar said it will complicate the issue further adding that they would take stock later during the hearing.
In its additional affidavit, the COAI had said crossover allocation of spectrum is not permissible under the existing policy and licencing regime and the policy change has been carried out in a covert and legally malafide manner.
It had questioned the government's move to allocate 'GSM Spectrum' to CDMA operators, saying it was 'malafide' and intended to benefit Reliance Communications (RComm).
The association said the government has changed the National Telecom Policy, 1999, which was approved by the Cabinet. ''The said policy can not be changed by the government without express approval of the Cabinet,'' it added.
It also has stated in the affidavit that the policy decision by the DoT had been taken in violation of TRAI Act, which mandates that if government does not agree with the regulator, it has to refer the matter back to the TRAI for reconsideration, the COAI said.