GSM-CDMA tussle flare up, COAI file legal notice to DoT

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New Delhi, Dec 26 (UNI) The on-going battle between country's rival mobile platforms flared up as GSM mobile operators today said it has filed a legal notice to the government against any further spectrum allocation to the CDMA players stating that the case is pending in the court.

In a legal notice to Department of Telecommunication (DoT), the GSM lobby Cellular Operators Association of Indian (COAI) said, ''it is earnestly requested that DOT do await the decision of the court and not proceed with allotment of GSM spectrum to CDMA operators.'' This legal move would mean that the much awaited GSM licenses to main CDMA operator Reliance Communications could be delayed.

The High Court on December 24 slated the case for next hearing on January 3 - that's when all the parties would be given an opportunity to present their point of view.

The COAI notice states that any attempt to proceed with the allotment of radio frequency pending Court decision would be an act of impropriety and would amount to over-reach and pre-empting a Court decision.

The legal notice was served through COAI standing counsel Mr Manjul Bajpai to DoT Secretary D S Mathur and Sanjay Hegde Advocate for DoT.

The notice points out to the recent media reports stating that DoT has decided to proceed with the allotment of of GSM spectrum to CDMA operators.

The notice said, the respondent number which is DoT should restrained ''from allocating any GSM spectrum to CDMA Operators and / or any licence / spectrum to any new applicant who may have made an application for Universal Access Service (UAS) licence post December 2006 (date of last issue of UAS licenses) during the pendency of the present proceedings as also during the pendency of the proceedings in the original petition no. 286 of 2007 titled Cellular Operators Association of India and others vs Union of India&others.'' The COAI has also sought that the court should ''issue an appropriate writ setting aside / quashing the impugned order dated December 12, 2007 passed by the TDSAT (rejecting the stay application).

It also sought ''Stay the operation of the 'in principle' approval dated October 18, 2007 and DoTs decision dated October 19, 2007 during the pendency of the present proceedings as also during the pendency of the proceedings in the original petition no: 286 of 2007 from taking any steps in furtherance of the in principle approval dated October 18, 2007.

The move comes amidst media reports last night that DoT has decided to proceed with the allotment of GSM spectrum to CDMA operators.

UNI

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