BSNL NEWS BY ASHOK HINDOCHA-RAJKOT (M-9426201999)

Latest BSNL News by Ashok Hindocha M-09426254999

2012-02-03T19:04:00.000+05:30

www.bsnlnewsbyashokhindocha.blogspot.com M-094051 45990
Non--Executiive Uniions//Associiatiions of BSNL deciide to
successfulllly conduct February 28th striike..
A meettiing off tthe Non--Executtiive Uniions and Associiattiions ttook pllace att Dellhii
ttoday tthe 03..02..2012.. The meettiing ttook tthe ffollllowiing unaniimous deciisiions tto
successffulllly conductt tthe Febrruarry 28tth sttrriike..
((ii)) The Non--Executtiive Uniions and Associiattiions off BSNL deciide tto
successffulllly organiize tthe Generall Sttriike on 28..02..2012.. Itt iis allso deciided
tto approach tthe Uniions and Associiattiions whiich have nott attttended ttodays
meettiing,, ffor makiing tthe sttriike successffull..
((iiii)) To appeall tthe workers tto jjoiin tthe sttriike,, a jjoiintt ciircullar iis tto be iissued iin
tthe name off “Non--Executtiive Uniions/Associiattiion off BSNL”..
((iiiiii)) The ffollllowiing addiittiionall demands are tto be iinclluded iin tthe sttriike nottiice,,
apartt ffrom tthe demands fformullatted by tthe Centtrall Trade Uniions..
((a)) Govtt.. shoulld proviide ffiinanciiall supportt tto BSNL,, tto make iitt viiablle..
((b)) No diisiinvesttmentt/priivattiisattiion iin BSNL..
((c)) No rettrenchmentt..
((iiv)) Wiitth a viiew tto make tthe sttriike successffull,, jjoiintt meettiings are tto be
organiized att Chennaii,, Hyderabad,, Pattna and Pune..
Those who attttended ttodays meettiing arre::--
Com.. P.. Abhiimanyu and Com.. V..A..N.. Namboodiirrii ((BSNLEU))
Com.. Chandeswarr Siingh and Com.. IIsllam Ahmed ((NFTE))
Com.. Jayaprrakash and Ballrrajj ((FNTO))
Com.. Surresh Kumarr ((BSNL MS))
Com.. N..D.. Ram ((SEWA BSNL))
Allll Ciirrclle and Diisttrriictt Secrrettarriies arre rrequestted tto co--orrdiinatte wiitth ottherr
Uniions//Associiattiions,, and ttake allll outt efffforrtts tto ttake tthe sttrriike successffull..
******

Latest Supreme court Judgmement in 2 G imp. information by Ashok Hindocha M-094051 45990

2012-02-03T18:16:00.000+05:30

www.bsnlnewsbyashokhindocha.blogspot.com M-094051 45990

CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 423 OF 2010
Centre for Public Interest Litigation and others (Petitioners)
versus
Union of India and others (Respondents)
With
WRIT PETITION (CIVIL) NO. 10 OF 2011
Dr. Subramanian Swamy (Petitioner)
versus
Union of India and others (Respondents)
JUDGMENT
G.S. Singhvi, J.
1. The important questions which arise for consideration in these petitions, one of which has
been filed by Centre for Public Interest Litigation, a registered Society formed by Shri V.M.
Tarkunde (former Judge of this Court) for taking up causes of public interest and conducting
public interest litigation in an organised manner, Lok Satta, a registered Society dedicated to
political governance, reforms and fight against corruption, Telecom Watchdog and Common
Cause, both Non-Governmental Organisations registered as Societies for taking up issues of
public importance and national interest, Sarva Shri J.M. Lingdoh, T.S. Krishnamurthi and N.
Gopalasamy, all former Chief Election Commissioners, P. Shanker, former Central Vigilance
Commissioner, Julio F. Ribero, former member of the Indian Police Service, who served as
Director General of Police, Gujarat, Punjab and C.R.P.F. and Commissioner of Police,
Mumbai, P.R. Guha, an eminent Senior Journalist and visiting faculty member of various
institutions including IIMs, IITs, FTII, IIFT, Delhi University, Jawaharlal Nehru University and
Jamia Milia Islamia University and Admiral R.H. Tahiliyani, former Chief of Naval Staff,
former Governor and former Chairman of Transparency International India and the other has
been filed by Dr. Subramanian Swami, a political and social activist, are:
(i) Whether the Government has the right to alienate, transfer or distribute natural
resources/national assets otherwise than by following a fair and transparent method
consistent with the fundamentals of the equality clause enshrined in the Constitution?
(ii) Whether the recommendations made by the Telecom Regulatory Authority of India (TRAI)
on 28.8.2007 for grant of Unified Access Service Licence (for short 'UAS Licence') with 2G
spectrum in 800, 900 and 1800 MHz at the price fixed in 2001, which were approved by the
Department of Telecommunications (DoT), were contrary to the decision taken by the
Council of Ministers on 31.10.2003?
(iii) Whether the exercise undertaken by the DoT from September 2007 to March 2008 for
grant of UAS Licences to the private respondents in terms of the recommendations made by
TRAI is vitiated due to arbitrariness and malafides and is contrary to public interest?
(iv) Whether the principle of first-come-first-served followed by the DoT for grant of licences
is ultra vires the provisions of Article 14 of the Constitution and whether the said principle
was arbitrarily changed by the Minister of Communications and Information Technology
(hereinafter referred to as 'the Minister of C&IT'), without consulting TRAI, with a view to
favour some of the applicants?
(v) Whether the licences granted to ineligible applicants and those who failed to fulfil the
terms and conditions of the licence are liable to be quashed?
2. For detailed examination of the issues raised by the petitioners, it will be useful to briefly
notice the history of the growth of telecommunications in the country and the reforms
introduced 1984 onwards.
3. In 1839, the first telegraph link was experimented between Calcutta and Diamond Harbour
covering 21 miles. In 1851, the telegraph line was opened for traffic, mostly for the official
work of the East India Company. In course of time, telegraphy service was made available
for public traffic. The Indian Telegraph Act was enacted in 1885. It gave the exclusive
privilege of establishing, maintaining and working of "telegraphs" to the Central Government.
It also empowered the Government to grant licences on such conditions and in consideration
of such payments as it thought fit, to any person to establish, maintain or work a telegraph in
any part of India.
4. After independence, Government of India took complete control of the telecom sector and
brought it under the Post & Telegraph Department. One major step taken for improving
telecommunication services in the country was the establishment of a modern
telecommunication manufacturing facility at Bangalore under the Public Sector, in the name
of "Indian Telephone Industries Ltd." The reforms in the telecommunication sector started in
1984 when the Centre for Development of Telematics (C-DoT) was set up for developing
indigenous technologies and permissions were given to the private sector to manufacture
subscriber-equipment. In 1986, Mahanagar Telephone Nigam Ltd., (MTNL) and Videsh
Sanchar Nigam Ltd., (VSNL) were set up.
5. The New Economic Policy of India was announced on 24.7.1991. It was aimed at meeting
India's competitiveness in the global market; rapid growth of exports, attracting foreign direct
investment; and stimulating domestic investments. With a view to achieve standards
comparable to international facilities, the sub-sector of Value Added Services was opened up
to private investment in July 1992 for the following services: (a) Electronic Mail; (b) Voice
Mail; (c) Data Services; (d) Audio Text Services;
(e) Video Text Services; (f) Video Conferencing; (g) Radio Paging; and (h) Cellular Mobile
Telephone. In respect of services (a) to (f), the companies registered in India were permitted
to operate under a licence on non-exclusive basis. For services covered by (g) and (h)
mentioned above, keeping in view the constraints on the number of companies that could be
allowed to operate, a policy of selection through a system of tendering was followed for grant
of licences.
National Telecom Policy 1994
6. National Telecom Policy 1994 (NTP 1994) was announced on 13.5.1994. This was the
first major step towards deregulation, liberalization and private sector participation. The
objectives of the policy were:
(i) affording telecommunication for all and ensuring the availability of telephone on demand;
(ii) providing certain basic telecom services at affordable and reasonable prices to all people
and covering all villages;
(iii) giving world standard telecom services; addressing consumer complaints, dispute
resolution and public interface to receive special attention and providing widest permissible
range of services to meet the customers' demand and at the same time at a reasonable
price;
(iv) creating a major manufacturing base and major export of telecom equipment having
regard to country's size and development; and
(v) protecting the defence and security interest of the country.
7. In furtherance of NTP 1994, licences were granted to eight Cellular Mobile Telephone
Service (CMTS) operators, two in each of the four metropolitan cities of Delhi, Mumbai
(Bombay), Kolkata (Calcutta) and Chennai (Madras). In the second phase, in December
1995, after following a competitive bidding process, 14 CMTS licences were awarded in 18
state circles, 6 Basic Telephone Services (BTS) licences were awarded in 6 state circles and
paging licences were awarded in 27 cities and 18 state circles. However, this did not yield
the intended results apparently because revenue realised by the cellular and basic operators
was less than the projections and the operators were unable to arrange finances for their
projects.
New Telecom Policy 1999
8. On the directions of the Prime Minister, a high level Group on Telecommunications (GoT)
was constituted on 20.11.1998 to review the existing telecom policy and suggest further
reforms. On the basis of the report of the GoT, a draft New Telecom Policy 1999 (NTP 1999)
was formulated. After its approval by the Cabinet, NTP 1999 was announced to be effective
from 1.4.1999. NTP 1999 had the following objectives:
(i) to make available affordable and effective communications for the citizens, considering
access to telecommunications as utmost important for achievement of the country's social
and economic goals;
(ii) to provide universal service to all uncovered areas including the rural areas and also
provide high level services capable of meeting the needs of the country's economy by
striking a balance between the two;
(iii) to encourage development of telecommunication in remote, hilly and tribal areas of the
country;
(iv) to create a modern and efficient telecommunications infrastructure taking into account
the convergence of IT, media, telecom and consumer electronics which will in turn propel
India to become an IT superpower;.
(v) to convert PCOs wherever justified into Public Teleinfo centres having multimedia
capability such as Integrated Services Digital Network (ISDN) services, remote database
access, government and community information systems, etc.;
(vi) to transform, in a time bound manner, the telecommunications sector in both urban and
rural areas into a greater competitive environment providing equal opportunities and level
playing field for all players;
(vii) to strengthen research and development efforts in the country and provide an impetus to
build world class manufacturing capabilities;
(viii) to achieve efficiency and transparency in spectrum management;
(ix) to protect defence and security interests of the country; and
(x) to enable Indian Telecom Companies to become truly global players.
9. NTP 1999 categorized 8 services in the telecom sector, namely; (i) Cellular Mobile Service
Providers (CMSPs), Fixed Service Providers (FSPs) and Cable Service Providers,
collectively referred as 'Access Providers'; (ii) Radio Paging Service Providers; (iii) Public
Mobile Radio Trunking Service Providers; (iv) National Long Distance Operators; (v)
International Long Distance Operators; (vi) Other Service Providers, (vii) Global Mobile
Personal Communication by Satellite (GMPCS) Service Providers; (viii) V-SAT based
Service Providers. NTP 1999 dealt with, and provided the framework for, all these categories
of telecom service providers.
10. The policy on spectrum management as enumerated in NTP 1999 was as under:
(i) Proliferation of new technologies and the growing demand for telecommunication services
has led to manifold increase in demand for spectrum and consequently it is essential that
the spectrum is utilized efficiently, economically, rationally and optimally.
(ii) There is a need for a transparent process of allocation of frequency spectrum for
use by a service provider and making it available to various users under specific
conditions.
(iii) With the proliferation of new technologies it is essential to revise the National Frequency
Allocation Plan (NFAP) in its entirety so that it becomes the basis for development,
manufacturing and spectrum utilization activities in the country amongst all users. NFAP was
under review and the revised NFAP was to be made public by the end of 1999 detailing
information regarding allocation of frequency bands for various services, without including
security information.
(iv) NFAP would be reviewed no later than every two years and would be in line with radio
regulations of the International Telecommunication Union (ITU).
(v) Adequate spectrum is to be made available to meet the growing need of
telecommunication services. Efforts would be made for relocating frequency bands assigned
earlier to defence and others. Compensation for relocation may be provided out of spectrum
fee and revenue share.
(vi) There is a need to review the spectrum allocation in a planned manner so that required
frequency bands are available to the service providers.
(vii) There is a need to have a transparent process of allocation of frequency spectrum
which is effective and efficient and the same would be further examined in the light of
ITU guidelines. In this regard the following course of action shall be adopted viz.:
(a) spectrum usage fee shall be charged;
(b) an Inter-Ministerial Group to be called Wireless Planning Coordination Committee, as a
part of the Ministry of Communications for periodical review of spectrum availability and
broad allocation policy, should be set up; and
(c) massive computerization in WPC Wing would be started in the next three months so as to
achieve the objective of making all operations completely computerized by the end of the
year 2000.
(emphasis supplied)
Establishment of the Telecommunication Commission (for short, 'the Telecom
Commission') and the Telecom Regulatory Authority of India.
11. On 11.4.1989, the Council of Ministers passed a resolution and decided to establish the
Telecom Commission. The relevant portions of that resolution are extracted below:
"CABINET SECRETARIAT
New Delhi the 11th April, 1989
RESOLUTION
CONSTITUTION OF TELECOM COMMISSION
No. 15/1/2/87-Cab. 1. Telecommunication service is an essential infrastructure for national
development. It has impact on social and economic activities. Besides, business, industry
and administration depends heavily on information and telecom for productivity, efficiency
and their day-to-day operations. Its development, therefore, is vital for nation building.
In order to promote rapid development in all aspects of telecommunications including
technology, production and services, the Government of India consider it necessary to set up
an organisation, which will have responsibility in the entire field of telecommunications.
After careful consideration, the Government of India have decided to establish a
Telecommunication Commission with full executive and financial powers modelled on the
lines of the Atomic Energy Commission.
2. Constitution of the Commission
(a) The Commission will consist of full time and part time Members;
(b) The Secretary to the Government of India in the Department of Telecommunications shall
be the ex-officio Chairman of the Commission;
(c) The full time Members of the Commission shall be ex-officio Secretary to the Government
of India in the Department of Telecommunications. One of these Members shall be Member
for Finance; and
(d) The Secretary and the full time Members of the Commission shall be drawn from the best
persons available, including from within the Department of Telecommunications.
3. Functions
The Telecom Commission shall be responsible :
(a) For formulating the policy of the Department of Telecommunications for approval of the
Government;
(b) For preparing the budget for the Department of Telecommunications for each financial
year and getting it approved by the Government; and
(c) Implementation of the Government's policy in all matters concerning telecommunication.
4. Within the limits of the budget provision, approval by the Parliament, the Commission shall
have the powers of the Government of India, both administrative and financial, for carrying
out the work of the Department of Telecommunications.
5. Chairman
(a) The Chairman, in his capacity as Secretary to the Government of India in the Department
of Telecommunications, shall be responsible under the Minister of Communications for
arriving at decisions on technical questions and advising Government on policy and allied
matters of telecommunication. All recommendations of the Commission on policy and allied
matters shall be put to the Minister of Communications through the Chairman.
(b) In case of any difference of opinion in the meetings of the Commission, the decision of
the Chairman shall be final, but in financial matters, Member (Finance) of the Commission
will have access to Finance Minister.
(c) The Chairman may authorise any Member of the Commission to exercise on his behalf,
subject to such general or special orders as he may issue from time to time, such of his
powers and responsibilities as he may decide.
6. Member Finance
The Member of Finance shall exercise powers of the Government of India in financial
matters concerning the Department of Telecommunications except in so far as such powers
have been, or may in future be conferred on or delegated to the Department.
7. The Commission shall have power to frame its own rules and procedures. The
Commission shall meet at such time and places as fixed by the Chairman.
8. The Telecom Commission shall take over all legal and statutory authority vested with the
Telecom Board."
12. The Rules of Business for the Telecom Commission were also framed in 1989. In terms
of para 2 of the Rules of Business read with item 1 of Annexure 'A' appended thereto, all
important matters of policy relating to Telecommunications are required to be brought before
the Telecom Commission.
13. In 1997, Parliament enacted the Telecom Regulatory Authority of India Act, 1997 (for
short, 'the 1997 Act') to provide for the establishment of TRAI. By Act No.2 of 2000, the 1997
Act was amended and provision was made for establishment of the Telecom Disputes
Settlement and Appellate Tribunal (TDSAT). Sections 11 and 13, which have bearing on the
decision of these petitions read as under:
"11. Functions of Authority. - (1) Notwithstanding anything contained in the Indian Telegraph
Act, 1885 (13 of 1885), the functions of the Authority shall be to-
(a) to make recommendations, either suo motu or on a request from the licensor, on the
following matters, namely:-
(i) need and timing for introduction of new service provider;
(ii) terms and conditions of licence to a service provider;
(iii) revocation of licence for non- compliance of terms and conditions of licence;
(iv) measures to facilitate competition and promote efficiency in the operation of
telecommunication services so as to facilitate growth in such services;
(v) technological improvements in the services provided by the service providers;
(vi) type of equipment to be used after inspection of equipment used in the network;
(vii) measures for the development of telecommunication technology and any other matter
relatable to telecommunication industry in general;
(viii) efficient management of available spectrum;
(b) discharge the following functions, namely:-
(i) ensure compliance of terms and conditions of licence;
(ii) (ii)notwithstanding anything contained in the terms and conditions of the licence granted
before the commencement of the Telecom Regulatory Authority of India (Amendment) Act,
2000, fix the terms and conditions of inter-connectivity between the service providers;
(iii) ensure technical compatibility and effective inter-connection between different service
providers;
(iv) regulate arrangement amongst service providers of sharing their revenue derived from
providing telecommunication services;
(v) lay-down the standards of quality of service to be provided by the service providers and
ensure the quality of service and conduct the periodical survey of such service provided by
the service providers so as to protect interest of the consumers of telecommunication
service;
(vi) lay-down and ensure the time period for providing local and long distance circuits of
telecommunication between different service providers;
(vii) maintain register of interconnect agreements and of all such other matters as may be
provided in the regulations;
(viii) keep register maintained under clause (vii) open for inspection to any member of public
on payment of such fee and compliance of such other requirement as may be provided in the
regulations;
(ix) ensure effective compliance of universal service obligations;
(c) levy fees and other charges at such rates and in respect of such services as may be
determined by regulations;
(d) perform such other functions including such administrative and financial functions as may
be entrusted to it by the Central Government or as may be necessary to carry out the
provisions of this Act:
Provided that the recommendations of the Authority specified in clause (a) of this sub-section
shall not be binding upon the Central Government:
Provided further that the Central Government shall seek the recommendations of the
Authority in respect of matters specified in sub-clauses (i) and (ii) of clause (a) of this subsection
in respect of new licence to be issued to a service provider and the Authority shall
forward its recommendations within a period of sixty days from the date on which that
Government sought the recommendations:
Provided also that the Authority may request the Central Government to furnish such
information or documents as may be necessary for the purpose of making recommendations
under sub-clauses (i) and (ii) of clause (a) of this subsection and that Government shall
supply such information within a period of seven days from receipt of such request:
Provided also that the Central Government may issue a licence to a service provider if no
recommendations are received from the Authority within the period specified in the second
proviso or within such period as may be mutually agreed upon between the Central
Government and the Authority:
Provided also that if the Central Government having considered that recommendation of the
Authority, comes to a prima facie conclusion that such recommendation cannot be accepted
or needs modifications, it shall, refer the recommendation back to the Authority for its
reconsideration, and the Authority may within fifteen days from the date of receipt of such
reference, forward to the Central Government its recommendation after considering the
reference made by that Government. After receipt of further recommendation if any, the
Central Government shall take a final decision.
(2)Notwithstanding anything contained in the Indian Telegraph Act, 1885 (13 of 1885), the
Authority may, from time to time, by order, notify in the Official Gazette the rates at which the
telecommunication services within India and outside India shall be provided under this Act
including the rates at which messages shall be transmitted to any country outside India:
Provided that the Authority may notify different rates for different persons or class of persons
for similar telecommunication services and where different rates are fixed as aforesaid the
Authority shall record the reasons therefor.
(3)While discharging its functions :under sub-section (1) or subsection
(2) the Authority shall not act against the interest of the sovereignty and integrity of India, the
security of the State, friendly relations with foreign States, public order, decency or morality.
(4)The Authority shall ensure transparency while exercising its powers and discharging its
functions.
13. Power of Authority to issue directions. - The Authority may, for the discharge of its
functions under sub-section (1) of section 11, issue such directions from time to time to the
service providers, as it may consider necessary:
Provided that no direction under sub-section (4) of section 12 or under this section shall be
issued except on the matters specified in clause (b) of sub-section (1) of section 11."
14. After its establishment, TRAI made various recommendations either suo motu or on the
request of the licensor, i.e., the Central Government or the Telegraph Authority. On a
reference made by the Ministry of Communications and Information Technology on four
issues including the issues of appropriate level of entry fee, basis of selection of new
operators and entry of 4th cellular operator, TRAI made its recommendations, which were
communicated to Secretary, DoT vide D.O. No. 250-14/2000-Fin (DF) (Vol. II) dated
23.6.2000.
Paragraphs 4.1 to 4.3, 4.5 to 4.6 and 4.11 to 4.15 of that letter are extracted below:
"4. For the purposes of clarity each issue on which TRAI's recommendation has been sought
has been stated separately and recommendations have been given therefor.
4.1(A) Appropriate level of entry fee, basis for selection of new operators and entry of fourth
operator The issues under this head can be broken under three main subheads. These are :
(i) Level of entry fee;
(ii) Basis for selection of new operation;
(iii) Entry of the fourth operator.
We take these issues sequentially.
4.2(1) Level of Entry Fee:-
New operators are to be licensed in the following vacant circles/slots:
(a)Jammu & Kashmir - Andamans & Nicobar Islands;
(b) Assam and West Bengal;
(c) DOT/MTNL as the third operator.
(d)Fourth operator in circles where migration has been permitted.
4.3 DOT/MTNL wherever they come in as the third operator as also the fourth operator to be
introduced will be required to pay as licence fee the same percentage share of their revenue
as recommended by TRAI for the existing CMSPs who are being allowed to migrate to
revenue sharing arrangement in accordance with NTP 99. The fourth operator will also pay
an entry fee which will be fixed through a process of bidding.
4.5 (ii) Selection of new operators:
The TRAI recommends that all new operators barring DOT/MTNL be selected through a
competitive process. This is recommended to be a multi stage bidding process preceded by
a pre-qualification round.
4.6 Pre-qualification
Prospective operators would be required to meet pre-determined criteria in order to qualify to
bid for the licence. Pre-qualifications will mainly be on the following grounds :-
- Financial strength and experience as Telecom Service Provider
- Minimum roll out obligation
- Technical Plan
- Business Plan
- Payment terms and other commercial conditions
It is recommended that prospective bidders who meet the predetermined threshold as set out
in the pre-qualification criteria be short-listed for bidding for entry fee in the next stage. No
weightages need be attached to the pre-qualification criteria. The criteria for pre-qualification
could be developed on the following lines:-
4.11 The Structure of the Bidding Process Selection from amongst all those who pass the
pre-qualification round will be by a process of bidding. The bids will be carefully structured so
as to guard against the possible misuses of the process such as preemptive over-bidding or
cartelisation. For this purpose, a bid structure involving "Multi Stage Informed Ascending
Bids" is recommended. It is also recommended that such bids be invited for the entry fee for
selection of operations and issuing licenses to them. Although, as recommended earlier in
the case of NLDO, TRAI is primarily of the opinion that because of its greater relevance,
direct impact on operations and being equitable, revenue sharing is a better basis on which
to invite bids for licenses, in the case of CMSPs this choice is not available except in two
vacant circles/slots. The 34 incumbent operators have already been given licenses through a
process of bidding and it would not be correct to subject them to yet another process of
bidding, this time concerning revenue sharing. They have already been asked to pay as
license fee, albeit on a provisional basis a fixed amount of the revenue share viz. 15%. It is,
therefore, recommended that a fixed percentage of revenue share be paid by all operators
as the license fee and this percentage be the same for all the operators barring the
exceptions specifically mentioned in the paragraph 5.9 below.
4.12 While, the detailed bid structure can be prepared at the time bids are being called and
assistance/advise of experts may be taken in doing so, based on the experience of such
successful bids elsewhere, the basic outlines of the proposed structure can be given. Bids
can be invited for more than one licence at a time. The total number of rounds in which the
bids will be finalised will be pre-determined and all bidders should be eligible to bid for all
licenses on offer in each of the rounds. The licensor, may, however, if it so desires, stipulate
beforehand the total number of licences that can be finally allotted to a single bidder. The
TRAI's recommendation in this regard is that the number of licences that can go to a single
bidder need not be restricted. This will favour the serious and techno-financially strong
bidders and will help keep the bids at operationally feasible optimal levels.
4.13 After each stage of bidding, bids received will be made public and all bidders (those
lower than the highest bidder as well as the highest bidder) will be permitted to raise their
bids in the subsequent rounds of bidding. The process will be deemed complete only on the
completion of the pre-determined number of bid rounds at the end of which the highest
bidder for each licence will have the claim to the license in question. Licences will become
effective on payment of the amount of the winning bid for the entry fee within a period
specified in the tender document.
4.14 The same process of bidding will also enable selection of operators where two slots in
the same circle are vacant viz. J & K and Andaman and Nicobar where no operators exist. In
these circles, two bidders may be selected and it is recommended in this regard that while
the second highest bidder in these circles may be considered for the second slot available,
he need not be asked to match the bid of the highest bidder. It may be provided though that
if the difference between the first and the second highest bids is substantial, say more than
25 %, fresh bids for the second slot will be invited. Such an arrangement while being
equitable will act as a good incentive for attracting bids for these circles which have not
proved to be attractive in the past.
(III). Entry of the Fourth Operator:
4.15 DOT/MTNL, the incumbent in basic services, are to enter the field of cellular mobile
services as the third operator in terms of NTP 99 with the existing availability of spectrum.
TRAI, however, has no information about the availability of spectrum either for the third or
the fourth operator. The financial analysis conducted by the TRAI for the purpose of studying
the revenue share which the operators can part with as licence fee assumes entry of the
third operator in the sixth year of licence i.e. in the current year and of another i.e. the fourth
operator two years later in accordance with NTP 99. The analysis reveals that even if the
business in each of these metropolitan areas and circles is required to produce a reasonable
IRR say 16-18 % and a decent return on the capital say around 20%, it would still enable the
operators to share upto about 25% of the Gross (adjusted) revenue as the licence fee. In the
circumstances, it would be reasonable to assume that on purely economic grounds, in most
circles there is even at present, a fair case for the entry of the fourth operator. In this context,
however, more than the market, the determining factor has to be the availability of a
spectrum and its optimal utilisation. Moreover, it is also a matter for careful consideration that
even when additional spectrum is released, whether it should be utilised to augment the
number of service providers or for improving the quality and coverage of the already
available services. In the GSM 900 band the maximum frequency spectrum made available
to the operators in a large number of countries is a pair of 12.5 MHz. Against this in India the
circle operators have been given a pair of less than 5 MHz and the metro operators of less
than 7 MHz. It is learnt that in a number of metros and circles, no further expansion of
services is possible unless additional spectrum is made available to the existing operators.
Paucity of frequency spectrum is also adversely affecting the quality of service in a number
of service areas. In the circumstances a fair balance between the two objectives of
increasing competition on the one hand and improving the quality, coverage and priceefficiency
of the service on the other will have to be struck so that the larger objective of
providing quality services at affordable prices is not jeopardised. A sub-optimal cost structure
and quality of service may finally turn out to be detrimental to the growth of tele-density
notwithstanding a higher number of service providers. Similar views were expressed also by
the BICP in their report on Cellular Mobile Services (para 20 page-V) of the
report). Accordingly, TRAI is of the opinion that a view can be taken in this matter only after
getting a full report from the DOT on the quantum of spectrum being made available for the
CMSPs, existing as well as the proposed new entrants and its location i.e. whether it is going
to be in the 900 MHz or in 1800 MHz bands."
(underlining is ours)
15. On 5.1.2001, the Government of India issued guidelines for issue of licence for CMTS.
These guidelines envisaged a detailed bidding process for selection of the new service
providers.
16. On 27.10.2003, TRAI made recommendations under Section 11(1)(a)(i), (ii), (iv) and (vii)
of the 1997 Act on Unified Licensing. TRAI referred to international practises, NTP 1994 and
NTP 1999 and growth of telephone density, national objective and priority. Para 7.2 of those
recommendations read as under:
"7.2 The Guidelines would be notified by the licensor based on TRAI recommendations to
include nominal entry fee, USO, etc. The charges for spectrum shall be determined
separately. The operator shall be required to approach the licensor mainly for spectrum
allocation. Since, spectrum is a scarce resource, it needs to be regulated separately.
Spectrum should be distributed using such a mechanism that it is allocated optimally to the
most efficient user."
17. Paragraphs 7.15 to 7.19 of the 2003 recommendations contained various alternatives for
deciding the benchmark for the entry fee for Unified Access Licensing Regime. In paragraph
7.30, TRAI laid emphasis on efficient utilization of spectrum by all service providers and
indicated that it would make further recommendations on efficient utilization of spectrum,
spectrum pricing, availability and spectrum allocation procedure shortly, and the DoT may
like to issue spectrum related guidelines based on its recommendations.
18. In the meanwhile, a Group of Ministers was constituted on 10.9.2003 with the approval of
the Prime Minister to consider the following matters:
i) To recommend how to ensure release of adequate spectrum needed for the growth of the
telecom sector;
ii) To recommend measures for ensuring adequate resources for the realization of the NTP
targets of rural telephony;
iii) To resolve issues relating to the enactment of the Convergence Bill;
iv) To chart the course to a Universal Licence;
v) To review adequacy of steps and enforcing limited mobility within the SDCA for WLL(M)
services of basic operators, and recommend the future course of action;
vi) To appraise FDI limits in the telecom sector and give recommendations thereon;
vii) To identify issues relating to mergers and acquisitions in the telecom sector and
recommend the way forward; and
viii) To consider issues relating to imposition of trade tax on telecom services by the State
Governments.
19. After considering the entire matter, the Group of Ministers made detailed
recommendations on 30.10.2003, the relevant portions of which are extracted below:
"2.1 1st Term of Reference: to recommend how to ensure release of adequate spectrum
needed for the growth of the telecom sector.
2.1.1 The GOM was informed that the availability of adequate spectrum in appropriate
frequency bands, i.e. 1800 MHz in a timely manner is crucial, for the growth of mobile
telephone services. The growth of mobile services and resultant spectrum needs are mainly
in metro, major and main cities having population above 1 million. However, the frequency
bands of 1800 MHz are extensively used by Defence services, thus severely limiting their
availability for the mobile telecom operators.
2.1.2 In the above context, GoM recommended the following:
(1) Adequate spectrum be made available for the unimpeded growth of telecom services,
modalities for which will be jointly worked out by Wireless Planning & Coordination (WPC)
Wing of Department of Telecom and Defence services. The Ministry of Defence would
coordinate release additional spectrum in a number of cities for which requirements have
been projected within a month.
(2) The Ministry of Finance will provide necessary budgetary support to Ministry of Defence
for modernization of their existing equipment to facilitate release of required spectrum. The
actual fund requirements including its phasing will be worked out between the Ministry of
Defence Ministry of Finance and the Department of Telecom in a time bound manner.
(3) The Department of Telecom and Ministry of Finance would discuss and finalise
spectrum pricing formula which will include incentive for efficient use of spectrum as
well as disincentive for suboptimal usages
(4) The allotment of additional spectrum be transparent fair and equitable, avoiding
monopolistic situation regarding spectrum allotment usage
(5) The long term 15-20 years, spectrum requirements along with time frames would also be
worked out by Department of Telecom.
(6) As per the directions of GoM, a Task Force has been constituted under the chairmanship
of Wireless Adviser to the Govt. of India with representatives from Department of Telecom,
Ministry of Defence and Ministry of Finance. The terms of reference of the Task Force and
the progress of its work so far are given in Annexures II & III.(Page 17-18).
2.4 4th Term of Reference :- To chart the course to a Universal Licence:
2.4.1 The GoM took note of the exercise that had already been indicated by Telecom
Regulatory Authority of India (TRAI), in regard to Unified Licensing Regime in the Telecom
Sector Chairman, TRAI and Chairman HDFC were specially invited made presentations
before the GoM.
2.4.2 TRAI submitted its recommendations to the Government on this matter on 27.10.2003.
TRAI has recommended that the present system of licensing in the Telecom Sector should
be replaced by Unified Licensing/Automatic Authorization Regime. The Unified
Licensing/Automatic Authorization Regime has been recommended to be achieved in a twostage
process with the Unified Access Regime for basic and cellular services in the first
phase to be implemented immediately. This is to be followed by a process of consultation to
define the guidelines and rules for achieving a fully Unified Licensing/Authorization Regime.
TRAI has recommended that it will enter into a consultation process so that the replacement
of the existing licensing regime by a Unified Licensing Regime gets initiated within 6 months.
Broad rationale key recommendations and some key policy issues that have been addressed
by TRAI are listed in the Annexure IV(pages 19-21).
2.4.3 The salient points of TRAI recommendations in regard to the Unified Access Licensing
(basic and cellular mobile), are as under:
(i) Unification of licenses to be done in two stages
(a) Unified access regime for basic and cellular services in the first phase immediately
(b) Unified authorization regime encompassing all telecom services in the second phase.
(ii) Fee paid by fourth cellular operator to be benchmark for migration of basic players
to the new access regime.
(iii) Cellular operators not to pay any entry fee for migration to the unified access regime
while basic operators to pay the differences between fourth cellular operators licence fee and
the BSO fee already paid by them
(iv) Reliance Infocom required to pay Rs. 1096 crores for migration in addition to penalty of
Rs. 485 crores for offering cellular type services.
(v) Process of migration to the new regime to be voluntary.
(vi) The existing BSOs after migration to Unified Access Licensing Regime may offer full
mobility however WLL(M) operators after migration will be required to offer limited mobility
service to such customers who so desire.
(vii) No additional fee to be paid for any of the circles where there is no fourth cellular
operator.
2.4.4 Enhancing the scope of current Telecom Policy (NTF-99) to provide category of Unified
License and Unified Access Service License NTP-99 recognises access service providers as
a distinct class. For the purpose of licensing, this has been sub-divided into cellular fixed and
cable service providers. NTP-99 also states that convergence of both markets and
technologies is a reality that is forcing realignment of the industry. This convergence now
allows operators to use their facilities to deliver some services reserved for other operators
necessitating a re-look at NTP-94 policy framework.
For bringing into effect the regime of Unified Access Service for basic and cellular service
licenses and Unified Licensing comprising all telecom services, it would be necessary to
enhance the scope of NTP-99 to include these as distinct categories of licenses as pet of
NTP-99.
2.4.5 TRAI recommendations on entry fee of WLL(M) based on TDSAT judgement:
TRAI has also submitted its recommendations in regard to additional entry fee payable by
basic service operators for providing WLL(M) services on which Government had sought its
recommendations based on the judgment of TDSAT dated 8/8/03 in the WLL(M) case. TRAI
has given detailed reasoning on this matter and has recommended additional entry fee for
such of the Basic Service Operators who provide WLL(M) service. The salient features are in
Annexure-V (page 22).
2.4.6 Based on the above the GoM has recommended the following course of action
(i) The scope of NTP-99 may be enhanced to provide for licensing of Unified Access Service
for basic and cellular license services and Unified Licensing comprising all telecom services.
Department of Telecommunications may be authorized to issue necessary addendum to
NTP-99 to this effect.
(ii) The recommendations of TRAI with regard to implementation of the Unified Access
Licensing Regime for basic and cellular services may be accepted.
DoT may be authorized to finalise the details of implementation with the approval of the
Minister of Communication & IT in this regard including the calculation of the entry fee
depending upon the date of payment based on the principles given by TRAI in its
recommendations.
(iii) The recommendations of TRAI in this regard to the course of action to be adopted
subsequently in regard to the implementation of the fully Unified License Authorisation
Regime may be approved. DoT may be authorized to finalise the details of implementation
with the approval of the Minister of Communications & IT on receipt of recommendations of
TRAI in this behalf.
(iv) The recommendations of TRAI in regard to additional entry fee payable by basic service
operators for providing WLL(M) service on which Government sought its recommendations
based on the judgment of TDSAT dated 8.8.2003 in the WLL(M) case may be accepted.
(v) While there appears to be no case for giving any compensation package to them,
because of the perception that the finances of the cellular operators are strained and
because of the effect these may have on financial institutions. Finance Ministry would
address the difficulties of the cellular operators, if any, separately and appropriately.
(vi) If new services are introduced as a result of technological advancements which require
additional spectrum over and above the spectrum already allotted/contracted allocation of
such spectrum will be considered on payment of additional fee or charges, these will be
determined as per guidelines to be evolved in consultation with TRAI."
(emphasis supplied)
20. The recommendations of the Group of Ministers were accepted by the Council of
Ministers on 31.10.2003.
21. Thereafter, DoT issued Office Memorandum dated 11.11.2003 and made some additions
to NTP 1999. The same day, DoT issued new guidelines for UAS Licences. Two salient
features of these guidelines were that the existing operators would have an option to
continue under the existing licensing regime or to migrate to new UAS Licence and the
licence fee, service area, rollout obligations and performance bank guarantee under UAS
Licence was to be the same as the 4th CMTS.
22. Vide letter dated 14.11.2003, the Chairman, TRAI, on his own, made recommendation
regarding entry fee to be charged from the new UAS Licensees. On 24.11.2003, the Minister
of C&IT accepted the recommendation that entry fee for new UAS Licensees will be the entry
fee for 4th cellular operator and where there is no 4th cellular operator, it will be the entry fee
fixed by the Government for the basic operator. A decision was also taken by him in F.
No.20-231/2003-BS-III (LOIs for UASL) at 4/N that, "As regards the point raised about the
grant of new licences on first-come-first-served basis, the announced guidelines have made
it open for new licences to be issued on continuous basis at any time. However, the
spectrum is to be allotted subject to availability. This in effect would imply that an applicant
who comes first will be granted the spectrum first so it will result in grant of licence on firstcome-
first-served basis." Although, in terms of the decision taken by the Minister of C&IT,
the applications for grant of UAS Licence could be made on continuous basis and were
required to be processed within 30 days, some applications were made in 2004 and 2006
and the same were kept pending.
23. On 14.12.2005, the DoT issued revised guidelines for UAS Licence. Paragraph 11 of the
new guidelines reads as under: "The licences shall be issued without any restriction on the
number of entrants for provision of unified access services in a Service Area."
In terms of paragraph 14 of the guidelines, the licensee was required to pay annual licence
fee at 10/8/6% of Adjusted Gross Revenue (AGR) for category A/B/C service areas,
respectively excluding spectrum charges. This was in addition to the non-refundable entry
fee. In terms of paragraph 19 the licensee was required to pay spectrum charges in addition
to the licence fee on revenue share basis. However, while calculating AGR for limited
purpose of levying spectrum charges, revenue from wireless subscribers was not to be taken
into account.
24. After one year and about six months, the DoT vide its letter dated 13.4.2007, requested
TRAI to furnish its recommendations under Section 11(1) (a) of the 1997 Act on the issues of
limiting the number of access providers in each service area and review of the terms and
conditions in the access provider licence mentioned in the letter. Paragraph 2 of that letter is
extracted below:
"2. Fast changes are happening in the Telecommunication sector. In order to ensure that the
policies keep pace with the changes/developments in the Telecommunication sector, the
government is contemplating to review the following terms and conditions in the Access
provider (CMTS/UAS/Basic) license
i. Substantial equity holding by a company / legal person in more than one licensee company
in the same service area (clause 1.4 of UASL agreement).
ii. Transfer of licences (clause 6 of the UASL)
iii. Guidelines dated 21.02.2004 on Mergers and Acquisitions. TRAI in its recommendations
dated 30.1.2004 had opined that the guidelines may be reviewed after one year.
iv. Permit service providers to, offer access services using combination of technologies
(((CDMA, GSM and/or any other) under the same license.
v. Roll-out obligations (Clause 34 of UASL).
vi. Requirement to publish printed telephone directory."
25. In furtherance of the aforesaid communication, TRAI made recommendations dated
28.8.2007. The main emphasis of these recommendations was the principles of fair
competition, no restriction on the number of access service providers in any service area,
need for spectrum management, measures to increase spectrum efficiency, allocation of
spectrum and compliance of roll out obligations by the service providers. It was also
recommended that in future all spectrum excluding the spectrum in 800, 900 and 1800 MHz
bands in 2G services should be auctioned. In paragraphs 2.33, 2.39, 2.41, 2.54 and 2.63,
TRAI repeatedly mentioned about scarce availability of spectrum. Paragraphs 2.37, 2.40,
2.69 and 2.73 to 2.79 of the TRAI's recommendations dated 28.8.2007 are extracted below:
"2.37 Accordingly, the Authority recommends that no cap be placed on the number of access
service providers in any service area.
2.40 The present spectrum allocation criteria, pricing methodology and the management
system suffer from a number of deficiencies and therefore the Authority recommends that
this whole issue is not to be dealt with in piecemeal but should be taken up as a long term
policy issue. There is an urgent need to address the issues linked with spectrum efficiency
and its management.
2.69 The Entry fee for acquiring a UASL license enables the licensee to become eligible for
spectrum allocation in certain specified bands without any additional fee for acquisition of
spectrum which means that allocation of spectrum follows the grant of license subject
however to availability of spectrum. There is only one direct cost to the operator for spectrum
i.e. spectrum charge in the form of royalty.
2.73 The allocation of spectrum is after the payment of entry fee and grant of license. The
entry fee as it exists today is, in fact, a result of the price discovered through a markets
based mechanism applicable for the grant of license to the 4th cellular operator. In today's
dynamism and unprecedented growth of telecom sector, the entry fee determined then is
also not the realistic price for obtaining a license. Perhaps, it needs to be reassessed
through a market mechanism. On the other hand spectrum usage charge is in the form of a
royalty which is linked to the revenue earned by the operators and to that extent it captures
the economic value of the spectrum that is used. Some stakeholders have viewed the
charges/fee as a hybrid model of extracting economic rent for the acquisition and also meet
the criterion of efficiency in the utilization of this scarce resource. The Authority in the context
of 800, 900 and 1800 MHz is conscious of the legacy i.e. prevailing practice and the
overriding consideration of level playing field. Though the dual charge in present form does
not reflect the present value of spectrum it needed to be continued for treating already
specified bands for 2G services i.e. 800, 900 and 1800 MHz. It is in this background that the
Authority is not recommending the standard options pricing of spectrum, however, it has
elsewhere in the recommendation made a strong case for adopting auction procedure in the
allocation of all other spectrum bands except 800, 900 and 1800 MHz.
2.74 Some of the existing service providers have already been allocated spectrum beyond
6.2 MHz in GSM and 5 MHz in CDMA as specified in the license agreements without
charging any extra one time spectrum charges. The maximum spectrum allocated to a
service provider is 10 MHz so far. However, the spectrum usage charge is being increased
with increased allocation of spectrum. The details are available at Table 8.
2.75 The Authority has noted that the allocation beyond 6 2 MHz for GSM and 5 MHz for
CDMA at enhanced spectrum usage charge has already been implemented. Different
licensees are at different levels of operations in terms of the quantum of spectrum.
Imposition of additional acquisition fee for the quantum beyond these thresholds may not be
legally feasible in view of the fact that higher levels of usage charges have been agreed to
and are being collected by the Government. Further, the Authority is conscious of the fact
that further penetration of wireless services is to happen in semi-urban and rural areas where
affordability of services to the common man is the key to further expansion.
2.76 However, the Authority is of the view that the approach needs to be different for
allocating and pricing spectrum beyond 10 MHz in these bands i.e. 800, 900 and 1800 MHz.
In this matter, the Authority is guided by the need to ensure sustainable competition in the
market keeping in view the fact that there are new entrants whose subscriber acquisition
costs will be far higher than the incumbent wireless operators. Further, the technological
progress enables the operators to adopt a number of technological solutions towards
improving the efficiency of the radio spectrum assigned to them. A cost- benefit analysis of
allocating additional spectrum beyond 10 MHz to existing wireless operators and the cost of
deploying additional CAPEX towards technical improvements in the networks would show
that there is either a need to place a cap on the maximum allocable spectrum at 10 MHz or
to impose framework of pricing through additional acquisition fee beyond 10 MHz. The
Authority feels it appropriate to go in for additional acquisition fee of spectrum instead of
placing a cap on the amount of spectrum that can be allocated to any wireless operator. In
any case, the Authority is recommending a far stricter norm of subscriber base for allocation
of additional spectrum beyond the initial allotment of spectrum. The additional acquisition fee
beyond 10 MHz could be decided either administratively or through an auction method from
amongst the eligible wireless service providers. In this matter, the Authority has taken note of
submissions of a number of stakeholders who have cited evidences of the fulfillment of the
quality of service benchmarks of the existing wireless operators at 10 MHz and even below
in almost all the licensed service areas. Such an approach would also be consistent with the
Recommendation of the Authority in keeping the door open for new entrant without putting a
limit on the number of access service providers.
2.77 The Authority in its recommendation on "Allocation and pricing of spectrum for 3G and
broadband wireless access services" had recommended certain reserve price for 5 MHz of
spectrum in different service areas. The recommended price are as below:
Service Areas - Price (Rs.in million) for 2X5 MHz Mumbai, Delhi and Category A - 800
Chennai, Kolkatta and Category B - 400 Category C - 150
The Authority recommends that any licensee who seeks to get additional spectrum beyond
10 MHz in the existing 2G bands i.e. 800,900 and 1800 MHz after reaching the specified
subscriber numbers shall have to pay a onetime spectrum charge at the above mentioned
rate on prorata basis for allotment of each MHz or part thereof of spectrum beyond 10 MHz.
For one MHz allotment in Mumbai, Delhi and Category A service areas, the service provider
will have to pay Rs. 160 million as one time spectrum acquisition charge.
2.78 As far as a new entrant is concerned, the question arises whether there is any need for
change in the pricing methodology for allocation of spectrum in the 800, 900 and 1800 MHz
bands. Keeping in view the objective of growth, affordability, penetration of wireless services
in semi-urban and rural areas, the Authority is not in favour of changing the spectrum fee
regime for a new entrant. Opportunity for equal competition has always been one of the
prime principles of the Authority in suggesting a regulatory framework in telecom services.
Any differential treatment to a new entrant vis-a-vis incumbents in the wireless sector will go
against the principle of level playing field. This is specific and restricted to 2G bands only i.e.
800, 900 and 1800 MHz. This approach assumes more significance particularly in the
context where subscriber acquisition cost for a new entrant is likely to be much higher than
for the incumbent wireless operators.
2.79 In the case of spectrum in bands other than 800, 900 and 1800 MHz i.e. bands that are
yet to be allocated, the Authority examined various possible approaches for pricing and has
come to the conclusion that it would be appropriate in future for a market based price
discovery systems. In response to the consultation paper, a number of stakeholders have
also strongly recommended that the allocation of spectrum should be immediately de-linked
from the license and the future allocation should be based on auction. The Authority in its
recommendation on "Allocation and pricing of spectrum for 3G and broadband wireless
access services" has also favored auction methodology for allocation of spectrum for 3G and
BWA services. It is therefore recommended that in future all spectrum excluding the
spectrum in 800, 900 and 1800 bands should be auctioned so as to ensure efficient
utilization of this scarce resource . In the 2G bands (800 MHz/900 MHz/1800 MHz), the
allocation through auction may not be possible as the service providers were allocated
spectrum at different times of their license and the amount of spectrum with them varies from
2X4.4 MHz to 2X10 MHz for GSM technology and 2X2.5 MHz to 2X5 MHz in CDMA
technology. Therefore, to decide the cut off after which the spectrum is auctioned will be
difficult and might raise the issue of level playing field."
(underlining is ours)
26. The aforesaid recommendations of TRAI were first considered by an Internal Committee
of the DoT constituted vide letter dated 21.9.2007 under the Chairmanship of Member,
Telecommunication. The report of the Committee was placed before the Telecom
Commission on 10.10.2007. However, the four non-permanent members, i.e., Finance
Secretary; Secretary, Department of Industrial Policy and Promotion; Secretary, Department
of Information Technology and Secretary, Planning Commission were not even informed
about the meeting. In this meeting of the Telecom Commission, which was attended by the
officials of the DoT only, the report of the Internal Committee was approved. On 17.10.2007,
the Minister of C&IT accepted the recommendations of the Telecom Commission and
thereby approved the recommendations made by TRAI. However, neither the Internal
Committee of the DoT and the Telecom Commission nor the Minister of C&IT took any action
in terms of paragraph 2.40 of the recommendations wherein it was emphasised that the
existing spectrum allocation criteria, pricing methodology and the management system suffer
from a number of deficiencies and the whole issue should be addressed keeping in view
issues linked with the spectrum efficiency and its management. The DoT also did not get in
touch with the Ministry of Finance to discuss and finalise the spectrum pricing formula which
had to include incentive for efficient use of spectrum as well as disincentive for sub-optimal
usage in terms of the Cabinet decision of 2003.
27. In the meanwhile, on 24.9.2007, Shri A.K. Srivastava, DDG (AS), DoT prepared a note
mentioning therein that as on that date, 167 applications had been received from 12
companies for 22 service areas and opined that it may be difficult to handle such a large
number of applications at any point of time. He suggested that 10.10.2007 may be
announced as the cut-off date for receipt of new UAS Licence applications. Shri A. Raja who
was, at the relevant time, Minister of C&IT did not agree with the suggestion and ordered that
1.10.2007 be fixed as the cut-off date for receipt of applications for new UAS Licence.
Accordingly, press note dated 24.9.2007 was issued by the DoT stating that no new
application for UAS Licence will be accepted after 1.10.2007.
28. It is borne out from the record that Vodafone Essar Spacetel Ltd. (respondent No.12) had
made an application for UAS Licence in 2004 and 3 others, namely, Idea Cellular Ltd.
(respondent No.8), Tata Teleservices Ltd. (respondent No.9) and M/s. Aircel Ltd.
(respondent No.11) had made similar applications in 2006. However, the same were not
disposed of by the DoT and they were included in the figure of 167. Between 24.9.2007 and
1.10.2007, over 300 applications were received for grant of UAS Licences. Member
(Technology), Telecom Commission and Ex-officio Secretary to Government of India sent a
note dated 26.10.2007 to Secretary, Department of Legal Affairs, Ministry of Law and Justice
seeking the opinion of the Attorney General of India/Solicitor General of India on the issue of
the mechanism to deal with what he termed as an unprecedented situation created due to
receipt of large number of applications for grant of UAS Licence. The note of Member
(Technology) contained as many as 14 paragraphs of which paragraph 11 contained four
alternatives and paragraph 13 contained issue of LoI to M/s. Tata Teleservices and others
for usage on dual technology spectrum based on their applications received after
18.10.2007, i.e., the date on which policy decision was taken for dual technology spectrum.
The Law Secretary placed the papers before the Minister of Law and Justice on 1.11.2007,
who recorded the following note: "I agree. In view of the importance of the case and various
options indicated in the statement of the case, it is necessary that whole issue is first
considered by an empowered Group of Ministers and in that process legal opinion of
Attorney General can be obtained."
29. When the note of the Law Minister was placed before the Minister of C&IT, he recorded
the following note on 2.11.2007 – "Discuss please". On the same day, i.e., 2.11.2007 the
Minister of C&IT did two things. He approved the note prepared by Director (AS-1) containing
the following issues:
(i) Issuing of LoIs to new applicants as per the existing policy,
(ii) Number of LoIs to be issued in each circle,
(iii) Approval of draft LoI,
(iv) Considering application of TATAs for dual technology after the decision of TDSAT on
dual technology, and
(v) Authorising Shri R.K. Gupta, ADG (AS-1) for signing the LoIs on behalf of President of
India.
30. While approving the note, the Minister of C&IT on his own recorded the following– "LoI
may be issued to the applicants received upto 25th Sept. 2007". Simultaneously, he sent
D.O. No.20/100/2007-AS.I dated 2.11.2007 to the Prime Minister and criticised the
suggestion made by the Law Minister by describing it as totally out of context. He also gave
an indication of what was to come in the future by mentioning that the DoT has decided to
continue with the existing policy of first-come-first-served for processing of applications
received up to 25.9.2007 and the procedure for processing the remaining applications will be
decided at a later date, if any spectrum is left available after processing the applications
received up to 25.9.2007. Paragraphs 3 and 4 of the letter of the Minister of C&IT are
extracted below:
"3. The Department wanted to examine the possibility of any other procedure in addition to
the current procedure of allotment of Licences to process the huge number of applications. A
few alternative procedures as debated in the Department and also opined by few legal
experts were suggested by the Department of Telecom to Ministry of Law & Justice to
examine its legal tenability to avoid future legal complications, if any. Ministry of Law and
Justice, instead of examining the legal tenability of these alternative procedures, suggested
referring the matter to empowered Group of Ministers. Since, generally new major policy
decisions of a; Department or inter-departmental issues are referred to GOM, and, needless
to say that the present issue relates to procedures, the suggestion of Law Ministry is totally
out of context.
4. Now, the Department has decided to continue with the existing policy (first-come-firstserved)
for processing of applications received up to 25th September 2007, i. e. the date
when the news-item on announcement of cut-off date appeared in the newspapers. The
procedure for processing the remaining applications will be decided at a later date, if any
spectrum is left available after processing the applications received up to 25th September
2007.
4. As the Department is not deviating from the existing procedure, I hope this will satisfy the
Industry."
31. In the meanwhile, the Prime Minister who had received representations from telecom
sector companies and had read reports appearing in a section of media sent letter dated
2.11.2007 to the Minister of C&IT and suggested that a fair and transparent method should
be adopted for grant of fresh licences. That letter reads as under:
"Prime Minister
New Delhi
2 November, 2007
Dear Shri Raja,
A number of issues relating to allocation of spectrum have been raised by telecom sector
companies as well as in sections of the media. Broadly, the issues relate to enhancement of
subscriber linked spectrum allocation criteria, permission to CDMA service providers to also
provide services on the GSM standard and be eligible for spectrum in the GSM service band,
and the processing of a large number of applications received for fresh licenses against the
backdrop of inadequate spectrum to cater to overall demand.Besides these, there are
some other issues recommended by TRAI that require early decision. The key issues are
summarized in the annexed note.
I would request you to give urgent consideration to the issues being raised with a
view to ensuring fairness and transparency and let me know of the position before
you take any further action in this regard.
With regards,
Yours sincerely,
Sd/-
(Manmohan Singh)
Shri A. Raja
Minister of Communications and IT
New Delhi.
Annexure
1. Enhancement of subscriber linked spectrum allocation criteria
In August 2007, the TRAI has recommended interim enhancement of subscriber linked
spectrum allocation criteria. Service providers have objected to these recommendations,
alleging errors in estimation / assumptions as well as due procedure not having been
followed by the TRAI while arriving at the recommendations.
2. Permission to CDMA service providers to also provide services on the GSM standard and
be eligible for spectrum in the GSM service band
Based on media reports, it is understood that the DoT has allowed 'cross technology'
provision of services by CDMA service providers and three such companies have already
paid the license fee. With the deposit of the fee, they would be eligible for GSM spectrum, for
which old incumbent operators have been waiting since last several years. The Cellular
Operators Association of India (COAI), being the association of GSM service providers, has
represented against this. It is understood that the COAI has also approached the TDSAT
against this.
3. Processing of a large number of applications received for fresh licenses against the
backdrop of inadequate spectrum to cater to overall demand
The DoT has received a large number of applications for new licenses in various telecom
circles. Since spectrum is very limited, even in the next several years all these licensees may
never be able to get spectrum. The Telecom Policy that had been approved by the Union
Cabinet in 1999 specifically stated that new licenses would be given subject to availability of
spectrum.
4. In order that spectrum use efficiency gets directly linked with correct pricing of
spectrum, consider (i) introduction of a transparent methodology of auction, wherever
legally and technically feasible, and (ii) revision of entry fee, which is currently
benchmarked on old spectrum auction figures
5. Early decision on issues like rural telephony, infrastructure sharing, 3G, Broadband,
Number Portability and Broadband Wireless Access, on which the TRAI has already given
recommendations."
(emphasis supplied)
32. The Minister of C&IT did not bother to consider the suggestion made by the Prime
Minister, which was consistent with the Constitutional principle of equality, that keeping in
view the inadequate availability of spectrum, fairness and transparency should be maintained
in the allocation of spectrum, and within few hours of the receipt of the letter from the Prime
Minister, he sent a reply wherein he brushed aside the suggestion made by the Prime
Minister of ensuring fairness and transparency by saying that it will be unfair, discriminatory,
arbitrary and capricious to auction the spectrum to new applicants as it will not give them a
level playing field. The relevant portions of paragraph 3 of the Minister's letter are extracted
below:
"3. Processing of a large number of applications received for fresh licenses against the
backdrop of inadequate spectrum to cater to overall demand
The issue of auction of spectrum was considered by the TRAI and the Telecom Commission
and was not recommended as the existing licence holders who are already having spectrum
upto 10 MHz per Circle have got it without any spectrum charge. It will be unfair,
discriminatory, arbitrary and capricious to auction the spectrum to new applicants as it will
not give them level playing field.
I would like to bring it to your notice that DoT has earmarked totally 800 MHz in 900 MHz and
1800 MHz bands for 2G mobile services. Out of this, so for a maximum of about 35 to 40
MHz per Circle has been allotted to different operators and being used by them. The
remaining 60 to 65 MHz, including spectrum likely to be vacated by Defence Services, is still
available for 2G services. Therefore, there is enough scope for allotment of spectrum to few
new operators even after meeting the requirements of existing operators and licensees. An
increase in number of operators will certainly bring real competition which will lead to better
services and increased teledensity at lower tariff. Waiting for spectrum for long after getting
licence is not unknown to the Industry and even at present Aircel, Vodafone, Idea and
Dishnet are waiting for initial spectrum in some Circles since December 2006."
33. On 20.11.2007, the Secretary, DoT had made a presentation on the spectrum policy to
the Cabinet Secretary. The Finance Secretary, who appears to have witnessed the
presentation, dispatched letter dated 22.11.2007 to the Secretary, DoT and expressed his
doubt as to how the rate of Rs.1600 crores determined in 2001 could be applied, without any
indexation to a licence to be given in 2008. He also emphasized that in view of the financial
implications, the Ministry of Finance should have been consulted before the matter was
finalised at the level of the DoT. Secretary, DoT promptly replied to the Finance Secretary by
sending letter dated 29.11.2007 in which he mentioned that as per the Cabinet decision
dated 31.10.2003, the DoT had been authorised to finalise the details of implementation of
the recommendations of TRAI and in its recommendations dated 28.8.2007, TRAI had not
suggested any change in the entry fee/licence fee.
34. In the context of letter dated 22.11.2007 sent by the Finance Secretary, Member
(Finance), DoT submitted note dated 30.11.2007 suggesting issue of revision of rates should
be examined in depth before any final decision is taken in the matter. When the note was
placed before the Minister he criticised the officer by observing that she neither has up-todate
knowledge of UASL guidelines nor has she bothered to carefully go through the file and
her suggestion is not factually correct and deserves to be ignored.
35. Although, the record produced before this Court does not show as to when the principle
of first-come-first-served was distorted by the Minister of C&IT, in an apparent bid to show
that he had secured Prime Minister's approval to this act of his, the Minister C&IT sent letter
dated 26.12.2007 to the Prime Minister, paragraphs 1 and 2 of which are extracted below:
"1. Issue of Letter of Intent (LOI): DOT follows a policy of First-cum-First Served for granting
LOI to the applicants for UAS licence, which means, an application received first will be
processed first and if found eligible will be granted LOI.
2. Issue of Licence: The First-cum-First Served policy is also applicable for grant of licence
on compliance of LOI conditions. Therefore, any applicant who complies with the conditions
of LOI first will be granted UAS licence first. This issue never arose in the past as at one
point of time only one application was processed and LOI was granted and enough time was
given to him for compliance of conditions of LOI. However, since the Government has
adopted a policy of "No Cap" on number of UAS Licence, a large number of LOI's are
proposed to be issued simultaneously. In these circumstances, an applicant who fulfils the
conditions of LOI first will be granted licence first, although several applicants will be issued
LOI simultaneously. The same has been concurred by the Solicitor General of India during
the discussions."
36. After 12 days, DDG(AS), DoT prepared a note incorporating therein the changes firstcome-
first-served principle to which reference has been made by the Minister of C&IT in the
letter sent to the Prime Minister on 26.12.2007. On the same day the latter approve the
change.
37. In the meeting of the full Telecom Commission, which was scheduled to be held on
9.1.2008 to consider two important issues i.e., performance of telecom sector and pricing of
spectrum was postponed to 15.1.2008.
38. On 10.1.2008 i.e., after three days of postponement of the meeting of the Telecom
Commission, a press release was issued by the DoT under the signature of Shri A.K.
Srivastava, DDG (AS), DoT. The same reads as under: "In the light of Unified Access
Services Licence (UASL) guidelines issued on 14th December 2005 by the department
regarding number of Licenses in a Service Area, a reference was made to TRAI on 13-4-
2007. The TRAI on 28-08-2007 recommended that No cap be placed on the number of
access service providers in any service area. The government accepted this
recommendation of TRAI. Hon'ble Prime Minister also emphasized on increased competition
while inaugurating India Telecom 2007. Accordingly, DOT has decided to issue LOI to all the
eligible applicants on the date of application who applied up-to 25-09-2007.
UAS license authorises licencee to rollout telecom access services using any digital
technology which includes wire-line and/or wireless (GSM and/or CDMA) services. They can
also provide Internet Telephony, Internet Services and Broadband services. UAS licence in
broader terms is an umbrella licence and does not automatically authorize UAS licensees
usage of spectrum to rollout Mobile (GSM and/or CDMA) services. For this, UAS licencee
has to obtain another licence, i.e. Wireless Operating Licence which is granted on first-comefirst-
served basis subject to availability of spectrum in particular service area.
DOT has been implementing a policy of First-cum-First Served for grant of UAS licences
under which initially an application which is received first will be processed first and
thereafter if found eligible will be granted LOI and then who so ever complied with the
conditions of LOI first will be granted UAS licence.
--------------
Department of Telecom
(AS Cell)
10-01-2008"
39. On the same day, another press release was issued asking all the applicants to
assemble at the departmental headquarters within 45 minutes to collect the response(s) of
the DoT. They were also asked to submit compliance of the terms of LoIs within the
prescribed period. The second press release is also reproduced below:
"Department of Telecommunications
Press Release
Date : 10 th January 2008
Sub : UASL applicants to depute their authorised representative to collect responses of DOT
on 10.1.2008.
The applicant companies who have submitted applications to DOT for grant of UAS licences
in various service areas on or before 25.9.2007 are requested to depute their Authorised
signatory/Company Secretary/ authorised representative with authority letter to collect
response(s) of DOT. They are requested to bring the company's rubber stamp for receiving
these documents to collect letters from DOT in response to their UASL applications. Only
one representative of the Company/group Company will be allowed. Similarly, the companies
who have applied for usage of dual technology spectrum are also requested to collect the
DOT's response.
All above are requested to assemble at 3:30 pm on 10.1.2008 at Committee Room, 2nd
Floor, Sanchar Bhawan, New Delhi. The companies which fail to report before 4:30 P.M. on
10.1.2008, the responses of DOT will be dispatched by post. All eligible LOI holders for
UASL may submit compliance to DOT to the terms of LOIs within the prescribed period
during the office hours i.e. 9:00 A.M. to 5:30 P.M. on working days.
File No.20-100/2007-AS-I Dated 10.1.2008
(A.K. Srivastava)
DDG(AS)
Dept. of Telecom
DDG(C&A): The above Press Release may kindly be uploaded on DOT website
immediately."
40. All the applicants including those who were not even eligible for UAS Licence collected
their LoIs on 10.12.2008. The acceptance of 120 applications and compliance with the terms
and conditions of the LoIs for 78 applications was also received on the same day.
41. Soon after obtaining the LoIs, 3 of the successful applicants offloaded their stakes for
thousands of crores in the name of infusing equity, their details are as under:
(i) Swan Telecom Capital Pvt. Ltd. (now known as Etisalat DB Telecom Pvt. Ltd.) which was
incorporated on 13.7.2006 and got UAS Licence by paying licence fee of Rs. 1537 crores
offloaded its 45% (approximate) equity in favour of Etisalat of UAE for over Rs.3,544 crores.
(ii) Unitech which had obtained licence for Rs.1651 crores offloaded its stake 60% equity in
favour of Telenor Asia Pte. Ltd., a part of Telenor Group (Norway) in the name of issue of
fresh equity shares for Rs.6120 crores between March, 2009 and February, 2010.
(iii) Tata Tele Services transferred 27.31% of equity worth Rs. 12,924 crores in favour of NTT
DOCOMO.
(iv) Tata Tele Services (Maharashtra) transferred 20.25% equity of the value of Rs. 949
crores in favour of NTT DOCOMO.
42. S. Tel Ltd., who had applied for grant of licence pursuant to press note dated 24.9.2007,
but was ousted from the zone of consideration because of the cut-off date fixed by the
Minister, filed Writ Petition No.636 of 2008 in the Delhi High Court with the prayer that the
first press release dated 10.1.2008 may be quashed. After hearing the parties, the learned
Single Judge vide his order dated 1.7.2009 declared that the cut-off date 25.9.2007 was
totally arbitrary and directed the respondents in the writ petition to consider the offer made by
the writ petitioner to pay Rs.17.752 crores towards additional revenue share over and above
the applicable spectrum revenue share. The observations made by the learned Single Judge
on the justification of fixing 25.9.2007 as the cut-off date read as under:
"Thus on the one hand the respondent has accepted the recommendation of the TRAI in the
impugned press note, but acted contrary thereto by amending the cut-off date and thus
placed a cap on the number of service providers. The stand taken by respondent and the
justification sought to be given for fixing a cutoff date retrospectively is on account of large
volume of applications, is without any force in view of the fact that neither any justification
was rendered during the course of argument, nor any justification has been rendered in the
counter affidavit as to what is the effect of receipt of large number of applications in view of
the fact that a recommendation of the TRAI suggests no cap on the number of access
service providers in any service area. This recommendation was duly accepted and
published in the newspaper. Further as per the counter affidavit 232 UASL applications were
received till 25.9.2007 from 22 companies. Assuming there was increase in the volume of
applications, the respondent has failed to answer the crucial question as to what was the
rationale and basis for fixing 25.9.2007 as the cut-off date. Even otherwise, admittedly 232
applications were made by 25.9.2007 and between 25.9.2007 and 1.10.2007 only 76 were
applications were received. It was only on 1.10.2007 that 267 applications were made. Thus
on 28.09.2007 it cannot be said that large number of applications were received. Thus taking
into consideration the opinion of the expert body, which as per the press note of the
respondent itself was accepted by the respondent, certainly the respondent cannot be
allowed to change the rules of the game after the game had begun, to put it in the words of
the Apex Court especially when the respondent has failed to give any plausible justification
or the rationale for fixing the cut-off date by merely a week. Taking into consideration that on
13.4.2007 the Government of India had recommended TRAI to furnish its recommendation in
terms of 11 (e) of the TRAI Act, 1997 on the issue as to whether a limit should be put on the
number of access service providers in each service area. The TRAI having given its
recommendations on 28.8.2007 which were duly accepted by the Government, the
respondent cannot be allowed to arbitrarily change the cut-off date and that too without any
justifiable reasons."
43. The letters patent appeal filed against the order of the learned Single Judge was
dismissed by the Division Bench of the High Court vide judgment dated 24.11.2009,
paragraphs 13 and 14 whereof are reproduced below:
"13. We are unable to agree with the submission of the learned Attorney General that the
parameters that would apply to revising a cut-off date that has been earlier fixed prior to the
receipt of the applications would be no different from fixing a cut-off date in the first place.
While the decision in D.S. Nakara which has subsequently been distinguished in N.
Subbarayudu is about fixing a cut-off date which might be an exercise in the discretion of the
Appellant, those decisions are not helpful in deciding the revision of a cut-off date after
applications have been received in terms of the previous cut-off date, is amenable to judicial
review on administrative and constitutional law parameters. We are of the view that the two
situations cannot be equated. The Government would have to justify its decision to revise a
cut-off date already fixed, after applications have been received from persons acting on the
basis of the earlier cut-off date. It would be for the court to be satisfied when a challenge is
made, that the decision to revise a cut-off date after receiving applications on the basis of the
cut-off date earlier fixed was based on some rational basis and was not intended to benefit a
few applicants while discriminating against the rest. In the present case, for the reasons
pointed out by the learned Single Judge, with which we concur, the Appellant has been
unable to show that its decision to revise the cut-off date after receiving the application of the
Respondent was based on some rational criteria. It is vulnerable to being labelled arbitrary
and irrational.
14. We are not able to appreciate, in the instant case, the submission of the learned Attorney
General that the mere advancing of the cut-off date would not tantamount to changing the
rules after the game has begun. In a sense it does. It makes ineligible for consideration the
applicants who had applied, after 25th September 2007 but on or before 1st October 2007.
Further this ineligibility is announced after the applications have been made. In other words,
while at the time of making the application there was no such ineligibility, it is introduced later
and that too for a select category of applicants. This cannot but be a change in the rule after
the game has begun. We do not think that the decisions relied upon by the learned Attorney
General contemplate such a situation. On the other hand the decisions in Monarch
Infrastructure (P) Ltd. and K. Manjushree fully support the Respondent's case for invalidation
of the Appellant's impugned decision revise the cut-off date from 1st October 2007 to 25th
September 2007, long after receiving the application from the Respondent."
44. The Union of India challenged the judgment of the Division Bench in SLP(C)
No.33406/2009. During the pendency of the special leave petition, some compromise
appears to have been reached between the writ petitioner and the authorities and, therefore,
an additional affidavit was filed along with agreed minutes of the order was filed before this
Court on 12.3.2010. In view of this development, the Court disposed of the appeal arising out
of the special leave petition but specifically approved the findings recorded by the High Court
with regard to the cut-off date by making the following observations: "Taking the additional
affidavit and the suggestions made by the learned Attorney General, this appeal is disposed
of as requiring no further adjudication.
However, we make it clear that the findings recorded by the High Court with regard to the cut
off date is not interfered with and disturbed by this Court in the present case."
THE GROUNDS OF CHALLENGE.
45. The petitioners have questioned the grant of UAS Licences to the private respondents by
contending that the procedure adopted by the DoT was arbitrary, illegal and in complete
violation of Article 14 of the Constitution. They have relied upon the order passed by the
learned Single Judge of the Delhi High Court as also the judgment of the Division Bench,
which was approved by this Court and pleaded that once the Court has held that the cut-off
date, i.e., 25.9.2007 fixed for consideration of the applications was arbitrary and
unconstitutional, the entire procedure adopted by the DoT for grant of UAS Licences with the
approval of the Minister of C&IT is liable to be declared illegal and quashed. Another plea
taken by the petitioners is that the DoT violated the recommendations made by TRAI that
there should be no cap on the number of Access Service Providers in any service area and
this was in complete violation of Section 11(1) of the 1997 Act. The petitioners have relied
upon the report of the Comptroller and Auditor General (CAG) and pleaded that the
consideration of large number of ineligible applicants is ex facie illegal and arbitrary. The
petitioners have also pleaded that the entire method adopted by the DoT for grant of licence
is flawed because the recommendations made by TRAI for grant of licences at the entry fee
determined in 2001 was wholly arbitrary, unconstitutional and contrary to public interest. Yet
another plea of the petitioners is that while deciding to grant licence, which is bundled with
spectrum, at the price fixed in 2001 the DoT did not bother to consult the Finance Ministry
and, thereby, violated the mandate of the decision taken by the Council of Ministers in 2003.
The petitioners have also pleaded that the principle of first-come-first-served is by itself
violative of Article 14 of the Constitution and in any case distortion thereof by the Minister of
C&IT and the consequential grant of licences is liable to be annulled. Another ground taken
by the petitioners is that even though a number of licensees failed to fulfil the roll out
obligations and violated the conditions of licence, the Government of India did not take any
action to cancel the licences.
COUNTER AFFIDAVITS OF THE RESPONDENTS
46. Most of the respondents have filed similar counter affidavits in both the petitions. The
main points raised by the respondents are:
(i) The petitioners are not entitled to challenge the recommendations made by TRAI and the
policy decisions taken by the Government for grant of UAS Licences.
(ii) The Court cannot review and nullify the recommendations made by TRAI in the matter of
allocation of spectrum in 800, 900 and 1800 MHz at the rates fixed in 2001. The report
prepared by the CAG cannot be relied upon for the purpose of recording a finding that the
procedure adopted for the grant of UAS licences is contrary to the Article 14 of the
Constitution. The private respondents have also claimed that the observations made by the
CAG and the conclusions recorded by him are seriously flawed and are based on totally
unfounded assumptions.
(iii) The UAS Licences were given strictly in accordance with the modified first-come-firstserved
policy. That the respondents were able to fulfil LoI conditions because newspapers
had already published stories about the possible grant of licences in the month of January,
2008. That those who had made applications in 2004 and 2006 cannot be clubbed with those
who had applied in the month of August and September, 2007 because in terms of the
existing UASL guidelines they were entitled to licences.
(iv) That private respondents have made huge investments for creating infrastructure to
provide services in different parts of the country and if the licences granted to them are
cancelled at this stage, public interest would be adversely affected.
(v) That the private respondents have been able to secure foreign direct investment of
thousands of crores for providing better telecom services in remote areas of the country and
any intervention by the Court would result in depriving the people living in those areas of the
services.
(vi) The licensees have not violated the conditions of licence and the Government and the
TRAI have already initiated action for levy of penalty / liquidated damages for noncompliance
of the roll out obligations. That the notices issued by TRAI on the allegations of
violation of the conditions of licence, roll-out obligations are already under challenge before
TDSAT and in most of the cases interim orders had been passed. That the remedy if any
available to the petitioners is to approach the TDSAT.
(vii) Some of the respondents have also questioned the application of the policy of firstcome-
first-served by asserting that even though they had applied in 2004-2006, and licences
were issued in their favour before 25.9.2007, the allocation of spectrum was delayed on the
basis of exercise undertaken by the DoT on 10.1.2008.
47. The petitioner have filed rejoinder affidavits and reiterated the assertions made in the
main petition that the grant of UAS Licences is fundamentally flawed and is violative of the
Constitutional principles. They have also placed on record report dated 31.1.2011 submitted
by the One Man Committee, comprising Justice Shivaraj V. Patil (former Judge of this Court),
which was constituted by the Government of India vide Office Memorandum
dated 12.1.2011 to examine the appropriateness of the procedure followed by the DoT in
issuance of licence and allocation of spectrum during the period 2001-09. They have also
placed on record photostat copies of the notings recorded on the files of the DoT.
ARGUMENTS
48. Shri Prashant Bhushan, learned counsel for the petitioners in Writ Petition (C) No. 423 of
2010 and Dr. Subramanian Swamy, who is petitionerin- person in Writ Petition (C) No. 10 of
2011 made the following submissions:
(i) The spectrum, which is a national asset, cannot be distributed by adopting the principle of
first-come-first-served on the basis of the application received by the DoT without any
advertisement and without holding auction.
(ii) The grant of licences bundled with spectrum is ex-facie arbitrary illegal and violative of
Article 14 of the Constitution.
(iii) The decision of the Minister to pre-pone the cut-off date from 1.10.2007 to 25.9.2007,
which eliminated large number of applications, is violative of Article 14 of the Constitution
and the entire exercise undertaken with reference to this cut-off date has resulted in
discrimination vis-à-vis other eligible applicants.
(iv) Once the cut-off date fixed by the Minister for consideration of the applications received
in the light of the earlier press release fixing the last date as 1.10.2007 has been declared to
be arbitrary and unconstitutional by the High Court, the consequential actions taken by the
DoT are liable to be annulled.
(v) The principle of first-come-first-served suffers from a fundamental flaw inasmuch as there
is no defined criterion for operating that principle. There is no provision for issue of
advertisement notifying obligations for grant of licence and allocation of spectrum and any
person who makes application becomes entitled to get licence and spectrum.
(vi) The principle of first-come-first-served was manipulated by the Minister to favour some of
the applicants including those who were not even eligible. Shri Bhushan pointed out that out
of 122 applications 85 were found ineligible and those who got the information from the
Minister or the officers about the change of the criteria for implementing the principle of firstcome-
firstserved got advantage and acquired priority over those who had applied earlier.
(vii) The meeting of the Telecom Commission scheduled for 9.1.2008 was deliberately
postponed because vide letter dated 22.11.2007 the Finance Secretary had strongly
objected to the charging of entry fee fixed in 2001.
(viii) Shri Bhushan pointed out that the recommendations made by TRAI on 28.8.2007 were
contrary to public interest as well as financial interest of the nation because at the time of
entry of 4th cellular operator the same TRAI had suggested multi-stage bidding and even for
allocation of 3G spectrum the methodology of auction was suggested but, for no ostensible
reason, the so-called theory of level playing field was innovated for grant of UAS Licences in
2007 on the basis of the entry fee fixed in 2001. Learned counsel emphasized that the
transfer of equity by three of the licensees immediately after issue of licences for gain of
many thousand crores shows that if the policy of auction had been followed, the nation would
have been enriched by many thousand crores.
(ix) Both, Shri Prashant Bhushan and Dr. Subramanian Swamy pointed out that although the
Prime Minister had suggested that a fair and transparent method be adopted for grant of
UAS Licences through the process of auction, the Minister of C&IT casually and arbitrarily
brushed aside the suggestion and granted licence to the applicants for extraneous reasons.
(x) Dr. Subramanian Swamy also raised a concern regarding the national security and
pointed out that some of the applicants who have trans-border connections have received
licences and they may ultimately prove to be dangerous for the nation.
49. Shri G.E. Vahanvati, learned Attorney General referred to NTP, 1994 and NTP, 1999 and
submitted that the policy decision taken by the Government of India for private sector
participation, which could bring in the funds required for expansion of telecommunication
services in different parts of the country, cannot be scrutinized by the Court. He submitted
that in the last more than 20 years the telecom services have expanded beyond anybody's
expectation because of private sector participation and it cannot be said that granting UAS
Licences by charging the entry fee determined at 2001 prices is unconstitutional. Learned
counsel referred to the history of development in the field of telecommunications and the
concept of spectrum, and submitted that the policy decision taken by the DoT for migration of
CDMA service providers was neither illegal nor unconstitutional. Shri Salve pointed out that
Tata Teleservices had sent an application through fax for grant of GSM for the existing
licences which were granted on 19.10.2007 and no exception can be taken to this because
Reliance Telecom which had applied for GSM on 6.2.2006 was given the benefit of migration
to dual technology on 18.10.2007 even before the policy was made public. Learned senior
counsel argued that the decision not to auction UAS licences was based on the
recommendations of TRAI and as the petitioners have not challenged the recommendations
for two years, the exercise undertaken by the DoT for grant of UAS licences in 2008 and
subsequent allotment of spectrum should not be nullified. In the end, Shri Salve argued that
the question of institutional integrity is involved in the matter and if the Court comes to the
conclusion that auction is the only method for grant of licences and allocation of spectrum
then everything should be annulled right from 2001. He submitted that multi-stage bidding
was done only for the purpose of entry of 4th cellular operator but, thereafter, no auction was
held. Learned senior counsel submitted that if the spectrum was allotted free of charge till
2007 and, therefore, there could be no justification for auction of licences or spectrum in
2007.
50. Shri C.A. Sundaram, learned counsel appearing for respondent nos. 2 and 4 heavily
relied on paragraphs 7.2, 7.4, 7.12, 7.29, 7.30, 7.37 and 7.39 of TRAI's recommendations
dated 27.10.2003 and argued that the recommendations made in 2007 were nothing but a
continuation of the old policy and, therefore, the petitioners are not entitled to question the
method adopted for grant of UAS Licences pursuant to the 2007 recommendations. Learned
senior counsel submitted that the policy of grant of UAS Licences and allocation of spectrum
cannot be said to be per se arbitrary because the same was decided after great deliberations
and consideration of international practices. He also relied upon the speech made by the
Prime Minister on 2.11.2007 and submitted that the action of the DoT should not be nullified
because that will have a far-reaching adverse impact on the availability of telecommunication
services in the country.
51. Shri Vikas Singh, learned senior counsel appearing for respondent no. 10 argued that the
recommendations made by TRAI in 2007, which were approved by the Minister of C&IT are
in national interest because the same would attract investment by foreign players and would
benefit the people at large. Learned counsel emphasised that his client has already spent
Rs. 6,000 crores and it would be totally unjust if licence granted in 2008 is cancelled. Shri
Vikas Singh also submitted that after the grant of licences and allocation of spectrum the
people have been hugely benefited inasmuch as the telecom services have become
competitive with international market and even cheaper than that.
52. Shri C. S. Vaidyanathan, learned senior counsel appearing for respondent no. 8 argued
that the application made by his client was pending since June, 2006 and by application of
the distorted version of the principle of first-comefirst- served, its priority was pushed down.
Shri Vaidyanathan pointed out that when the Minister of C&IT announced that applications
will not be received after 1.10.2007, there was a huge rush of applications and a large
number of players who had no experience in the field of telecom made applications and got
the licences.
53. Dr. Abhishek Manu Singhvi, learned senior counsel appearing for respondent nos. 11
and 12 argued that his clients had also made applications much prior to 2007 but they were
unfairly clubbed with those who had applied in 2007 and in this manner the principle of
equality was violated. Dr. Singhvi submitted that if the applications made prior to 2007 had
been processed as per the existing policy, respondent nos. 11 and 12 would have got
licences bundled with spectrum without competition/objection from anyone.
54. Shri Daya Krishan, learned counsel for respondent no. 6 adopted the arguments of other
learned counsel and submitted that the licences granted in 2007 should not be quashed at
this belated stage.
55. Shri Rakesh Dwivedi, learned senior counsel for TRAI referred to its written submissions
to justify why TRAI had not recommended auction of licences. Learned senior counsel
extensively referred to the recommendations made by TRAI in 2007 and submitted that even
though it was specifically suggested that the DoT should take a comprehensive decision on
the allocation of spectrum, no effort was made in that direction and the licences were granted
without determining availability of spectrum. Shri Dwivedi also submitted that TRAI has
already initiated action for cancellation of licences of those respondents who have violated
the terms of licence or failed to fulfil roll-out obligations..
56. Learned counsel for both the sides relied upon a large number of decisions. Shri
Prashant Bhushan and Dr. Subramanian Swamy relied upon the following judgements: K.
Manjusree v. State of Andhra Pradesh (2008) 3 SCC 512, Monarch Infrastructure (P) Ltd. v.
Commissioner, Ulhasnagar Municipal Corpn., (2000) 5 SCC 287, Home Communication Ltd.
and Anr. v. Union of India and Ors. (supra), Jamshed Hormusji Wadia v. Board of Trustees,
Port of Mumbai, (2004) 3 SCC 214, Chaitanya Kumar v. State of Karnataka, (1986) 2 SCC
594, Shivsagar Tiwari v. Union of India, (1996) 6 SCC 558, Common Cause, A Registered
Society (Petrol pumps matter) v. Union of India, (1996) 6 SCC 530 and Nagar Nigam v. Al
Faheem Meat Exports (P) Ltd., (2006) 13 SCC 382. Learned Attorney General and learned
counsel appearing for the private respondents relied upon Delhi Science Forum v. Union of
India, (1996) 2 SCC 405, BALCO Employees' Union (Regd.) v. Union of India, (2002) 2 SCC
333, Villianur Iyarkkai Padukappu Maiyam v. Union of India, (2009) 7 SCC 561, Ministry of
Labour and Rehabilitation v. Tiffin's Barytes Asbestos & Paints Ltd., (1985) 3 SCC 594,
United India Fire and General Insurance Co. Ltd. v. K.S. Vishwanathan, (1985) 3 SCC 686,
State of T.N. v. M.N. Sundararajan, (1980) 4 SCC 592, Sunil Pannalal Banthia v. City &
Industrial Development Corporation of Maharashtra Ltd., (2007) 10 SCC 674, Bombay
Dyeing & Mfg. Co. Ltd. (3) v. Bombay Environmental Action Group, (2006) 3 SCC 434, Prem
Chand Somchand Shah v. Union of India, (1991) 2 SCC 48 and Sanjeev Coke Mfg. Co. v.
Bharat Coking Coal Ltd., (1983) 1 SCC 147.
57. Before dealing with the arguments of the learned counsel for the parties and adverting to
some of the precedents, we consider it necessary to mention that during the course of
hearing. Shri Prashant Bhushan and Dr. Subramanian Swamy heavily relied upon the CAG
report as also the One Man Committee Report. Learned Attorney General and learned senior
counsel appearing for some of the private respondents also referred to the One Man
Committee Report. However, as the CAG report is being examined by the Public Accounts
Committee and Joint Parliamentary Committee of Parliament we do not consider it proper to
refer to the findings and conclusions contained therein. Likewise, we do not consider it
necessary to advert to the observations made and the suggestions given by the One Man
Committee because the Government of India has already taken a decision to segregate the
spectrum from licence, which is evident from the following extracts of the press statement
dated 29.1.2011 issued by the present Minister of C&IT :
"In future, the spectrum will not be bundled with licence. The licence to be issued to telecom
operators will be in the nature of 'unified licence' and the licence holder will be free to offer
any of the multifarious telecom services. In the event the licence holder would like to offer
wireless services, it will have to obtain spectrum through a market driven process. In future,
there will be no concept of contracted spectrum and, therefore, no concept of initial or startup
spectrum. Spectrum will be made available only through market driven process.
While moving towards a new policy dispensation, it is necessary to ensure a level playing
field between all players. Hence going forward, any new policy of pricing would need to be
applied to equally to all players. Additionally, assignment of balance of contracted spectrum
may need to be ensured for the existing licensees who have so far been allocated only the
start up spectrum of 4.4 MHz. It may be recalled that showcause notices have been issued
to certain licensees for cancellation. Only in respect of the licences that will be found valid
after the process is completed, the additional 1.8 MHz will be assigned on their becoming
eligible, but the spectrum will be assigned to them at a price determined under the new
policy.
We need to seriously consider the adoption of an auction process for allocation and pricing
of spectrum beyond 6.2 MHz while ensuring that there is adequate competition in the auction
process. TRAI had made recommendations in May 2010 and indicated that it would apprise
the Government of the findings of a study on the question of pricing of 2G spectrum in future.
This is expected shortly. We would examine their recommendations speedily as soon as they
are received, keeping the perspectives that I have outlined, while finalizing our new policy. I
am confident that we will be able to design a policy that ensures that existing licence holders
get the spectrum they need and are entitled to, while simultaneously, ensuring that the
Government also receives revenues commensurate with the current market value of
spectrum."
57. We shall now consider the questions enumerated in the opening part of the judgment.
58. Question No.1:
At the outset, we consider it proper to observe that even though there is no universally
accepted definition of natural resources, the same can be understood as naturally occurring
elements which have an intrinsic utility. They may be renewable or non renewable. They are
thought of as the individual elements of the natural environment that provide economic and
social services to human society and are considered valuable in their relatively unmodified,
natural, form. A natural resource's value rests in the amount of the material available and the
demand for it. The latter is determined by its usefulness to production. As the State in which
a natural resource is located benefits immensely from this value, natural resources are
considered national assets. In Article 39(b) of the Constitution it has been provided that the
ownership and control of the natural resources of the community should be so distributed so
as to best sub-serve the common good but no comprehensive legislation has been enacted
to generally define natural resources and framework for their protection. Of course,
environment laws have been so framed that they deal with specific natural resources, i.e.,
Forest, Air, Water, Costal Zones, etc.
59. The ownership regime relating to natural resources can be ascertained from international
conventions and customary law, common law and national constitutions. In international law
it rests upon the concept of sovereignty and seeks to respect the principle of permanent
sovereignty (of peoples and nations) over (their) natural resources as asserted in the 17th
Session of the United Nations General Assemble and then affirmed as a customary
international norm by the International Court of Justice in the case opposing the Democratic
Republic of Congo to Uganda. Common Law recognizes States as having the authority to
protect natural resources, insofar as the resources are within the interests of the general
public. The State is deemed to have a proprietary interest in natural resources and must act
as guardian and trustee in relation to the same. Constitutions across the world focus on
establishing natural resources as owned and for the benefit of the country. In most instances
where constitutions specifically address ownership of natural resources, the sovereign state,
or, as it is more commonly expressed, 'the people', is designated as the owner of the natural
resource.
60. Spectrum has been internationally accepted as a scarce, finite and renewable natural
resource which is susceptible to degradation in case of inefficient utilisation. It has a high
economic value in light of the demand for it on account of growth in the telecom sector.
Although, it does not belong to a particular State, the right of use ha been granted to the
States as per international norms. It is hence to that extent a national asset.
61. In India Court have given extensive interpretation to the concept of natural resources and
have from time to time issued directions by relying upon the provisions contained in Articles
38, 39, 48, 48A and 51A(g) for protection of natural resources. The doctrine of public trust
which was invoked by the Courts in US in Illinois Central R. Co. v. Illinois - 146 U.S. 387
(1892), National Audubon Society v. Superior Court of Alpine County 33 Cal.3d 419 (1983)
has been applied by the Courts in our country in M.C. Mehta v. Kamal Nath (1997) 1 SCC
388, Intellectuals Forum, Tirupathi v. State of A.P., (2006) 3 SCC 549, Fomento Resorts and
Hotels Limited v. Minguel Martins, (2009) 3 SCC 571. In the third case, the Court referred to
the article of Prof. Joseph L. Sax and made the following observations:
"53. The public trust doctrine enjoins upon the Government to protect the resources for the
enjoyment of the general public rather than to permit their use for private ownership or
commercial purposes. This doctrine puts an implicit embargo on the right of the State to
transfer public properties to private party if such transfer affects public interest, mandates
affirmative State action for effective management of natural resources and empowers the
citizens to question ineffective management thereof.
54. The heart of the public trust doctrine is that it imposes limits and obligations upon
government agencies and their administrators on behalf of all the people and especially
future generations. For example, renewable and non-renewable resources, associated uses,
ecological values or objects in which the public has a special interest (i.e. public lands,
waters, etc.) are held subject to the duty of the State not to impair such resources, uses or
values, even if private interests are involved. The same obligations apply to managers of
forests, monuments, parks, the public domain and other public assets. Professor Joseph L.
Sax in his classic article, "The Public Trust Doctrine in Natural Resources Law: Effective
Judicial Intervention" (1970), indicates that the public trust doctrine, of all concepts known to
law, constitutes the best practical and philosophical premise and legal tool for protecting
public rights and for protecting and managing resources, ecological values or objects held in
trust.
55. The public trust doctrine is a tool for exerting long-established public rights over shortterm
public rights and private gain. Today every person exercising his or her right to use the
air, water, or land and associated natural ecosystems has the obligation to secure for the
rest of us the right to live or otherwise use that same resource or property for the long-term
and enjoyment by future generations. To say it another way, a landowner or lessee and a
water right holder has an obligation to use such resources in a manner as not to impair or
diminish the people's rights and the people's long-term interest in that property or resource,
including down slope lands, waters and resources."
62. In Secretary, Ministry of Information & Broadcasting, Govt. of India v. Cricket Assn. of
Bengal, (1995) 2 SCC 161. The Court was dealing with right of organizers of an event such
as sport tournament to its live audio-visual broadcasting universally, through an agency of
their choice, national or foreign. In paragraph 78, the Court described the
airways/frequencies as public property in the following words:
"There is no doubt that since the airwaves/frequencies are a public property and are also
limited, they have to be used in the best interest of the society and this can be done either by
a central authority by establishing its own broadcasting network or regulating the grant of
licences to other agencies, including the private agencies."
63. In Reliance Natural Resources Limited v. Reliance Industries Limited, (2010) 7 SCC 1, P.
Sathasivam J. with whom Balakrishnan, C.J., agreed made the following observations:
"It must be noted that the constitutional mandate is that the natural resources belong to the
people of this country. The nature of the word "vest" must be seen in the context of the public
trust doctrine (PTD). Even though this doctrine has been applied in cases dealing with
environmental jurisprudence, it has its broader application."
Learned Judge then referred to the judgments In re Special Reference No. 1 of 2001 (2004)
4 SCC 489, M.C. Mehta v. Kamal Nath (1997) 1 SCC 388 and observed:
"This doctrine is part of Indian law and finds application in the present case as well. It is thus
the duty of the Government to provide complete protection to the natural resources as a
trustee of the people at large."
The Court also held that natural resources are vested with the Government as a matter of
trust in the name of the people of India and it is the solemn duty of the State to protect the
national interest and natural resources must always be used in the interest of the country
and not private interests.
64. The doctrine of equality which emerges from the concepts of justice and fairness guides
the State in determining the actual mechanism of distribution of natural resources. It has two
aspects: first, it regulates the rights and obligations of the State vis-à-vis its people and
demands that the people be granted equitable access to natural resources and/or its
products and that they are adequately compensated for the transfer of the resource to the
private domain; and second, it regulates the rights and obligations of the State vis-à-vis
private parties seeking to acquire/use the resource and demands that the procedure adopted
for distribution is just, non-arbitrary and transparent and that it does not discriminate between
similarly placed private parties.
65. In Akhil Bharatiya Upbhokta Congress v. State of M.P. (2011) 5 SCC 29, this Court
examined the legality of the action taken by the Government of Madhya Pradesh to allot 20
acres land to an institute established in the name of Kushabhau Thakre on the basis of an
application made by the Trust. One of the grounds on which the appellant challenged the
allotment of land was that the State Government had not adopted any rational method
consistent with the doctrine of equality. The High Court negatived the appellant's challenge.
Before this Court, learned senior counsel appearing for the State relied upon the judgments
in Ugar Sugar Works Ltd. v. Delhi Administration (2001) 3 SCC 635, State of U.P. v.
Choudhary Rambeer Singh (2008) 5 SCC 550, State of Orissa v. Gopinath Dash (2005) 13
SCC 495 and Meerut Development Authority v. Association of Management Studies (2009) 6
SCC 171 and argued that the Court cannot exercise the power of judicial review to nullify the
policy framed by the State Government to allot Nazul land without advertisement. This Court
rejected the argument, referred to the judgments in Ramanna Dayaram Shetty v.
International Airport Authority of India (1979) 3 SCC 489, S.G. Jaisinghani v. Union of India
AIR 1967 SC 1427, Kasturilal Lakshmi Reddy v. State of J & K (1980) 4 SCC 1, Common
Cause v. Union of India (1996) 6 SCC 530, Shrilekha Vidyarthy v. State of U.P. (1991) 1
SCC 212, LIC v. Consumer Education and Research Centre (1995) 5 SCC 482, New India
Public School v. HUDA (1996) 5 SCC 510 and held:
"65. What needs to be emphasised is that the State and/or its agencies/instrumentalities
cannot give largesse to any person according to the sweet will and whims of the political
entities and/or officers of the State. Every action/decision of the State and/or its
agencies/instrumentalities to give largesse or confer benefit must be founded on a sound,
transparent, discernible and well-defined policy, which shall be made known to the public by
publication in the Official Gazette and other recognised modes of publicity and such policy
must be implemented/executed by adopting a non-discriminatory and non-arbitrary method
irrespective of the class or category of persons proposed to be benefited by the policy. The
distribution of largesse like allotment of land, grant of quota, permit licence, etc. by the State
and its agencies/instrumentalities should always be done in a fair and equitable manner and
the element of favouritism or nepotism shall not influence the exercise of discretion, if any,
conferred upon the particular functionary or officer of the State."
66. In Sachidanand Pandey v. State of West Bengal (1987) 2 SCC 295, the Court referred to
some of the precedents and laid down the following propositions:
"State-owned or public-owned property is not to be dealt with at the absolute discretion of the
executive. Certain precepts and principles have to be observed. Public interest is the
paramount consideration. One of the methods of securing the public interest, when it is
considered necessary to dispose of a property, is to sell the property by public auction or by
inviting tenders. Though that is the ordinary rule, it is not an invariable rule. There may be
situations where there are compelling reasons necessitating departure from the rule but then
the reasons for the departure must be rational and should not be suggestive of
discrimination. Appearance of public justice is as important as doing justice. Nothing should
be done which gives an appearance of bias, jobbery or nepotism."
67. Question No.2: Although, while making recommendations on 28.8.2007, TRAI itself had
recognised that spectrum was a scarce commodity, it made recommendation for allocation of
2G spectrum on the basis of 2001 price by invoking the theory of level playing field.
Paragraph 2.40 of recommendations dated 28.8.2007 shows that as per TRAI's own
assessment the existing system of spectrum allocation criteria, pricing methodology and the
management system suffered from number of deficiencies and there was an urgent need to
address the issues linked with spectrum efficiency and its management and yet it decided to
recommend the allocation of spectrum at the price determined in 2001. All this was done in
the name of growth, affordability, penetration of wireless services in semi urban and rural
areas, etc. Unfortunately, while doing so, TRAI completely overlooked that one of the main
objectives of NTP 1999 was that spectrum should be utilised efficiently, economically,
rationally and optimally and there should be a transparent process of allocation of frequency
spectrum as also the fact that in terms of the decision taken by the Council of Ministers in
2003 to approve the recommendations of the Group of Ministers the DoT and Ministry of
Finance were required to discuss and finalise the spectrum pricing formula. To say the least,
the entire approach adopted by TRAI was lopsided and contrary to the decision taken by the
Council of Ministers and its recommendations became a handle for the then the Minister of
C&IT and the officers of the DoT who virtually gifted away the important national asset at
throw away prices. This becomes clear from the fact that soon after obtaining the licences,
some of the beneficiaries off-loaded their stakes to others, in the name of transfer of equity
or infusion of fresh capital by foreign companies, and thereby made huge profits. We have
no doubt that if the method of auction had been adopted for grant of licence which could be
the only rational transparent method for distribution of national wealth, the nation would have
been enriched by many thousand crores.
68. While it cannot be denied that TRAI is an expert body assigned with important functions
under the 1997 Act, it cannot, while making recommendations, overlook the basic
constitutional postulates and principles and make recommendations which should deny
majority of people from participating in the distribution of national assets/state property.
Therefore, even though the scope of judicial review in such matters is extremely limited,
keeping in view of the facts which have been brought to the notice of this Court, we have no
hesitation to record a finding that the recommendations made by TRAI were flawed in many
respects and implementation thereof by the DoT resulted in gross violation of the objective of
NPT 1999.
69. Question Nos.3 and 4: There is a fundamental flaw in the principle of first-come-firstserved
inasmuch as it involves an element of pure chance or accident. In matters involving
award of contracts or grant of licence or permission to use public property, the invocation of
first-come-first-served principle has inherently dangerous implications. Any person who has
access to power corridor at the highest or the lowest level may be able to obtain information
from the Government files or the files of the agency/instrumentality of the State that a
particular public property or asset is likely to be disposed of or a contract is likely to be
awarded or a licence or permission would be given. He would immediately make an
application and would become entitled to stand first in the queue at the cost of all others who
may have a better claim. This Court has repeatedly held that wherever a contract is to be
awarded or a licence is to be given the public authority must adopt a transparent and fair
method for making selections so that all eligible persons get a fair opportunity of competition.
To put it differently, the State and its agencies/instrumentalities must always adopt a rational
method for disposal of public property and no attempt should be made to scuttle the claim of
worthy applicants. When it comes to alienation of scarce natural resources like spectrum
etc., the State must always adopt a method of auction by giving wide publicity so that all
eligible persons may participate in the process. Any other methodology for disposal of public
property and natural resources/national assets is likely to be misused by unscrupulous
people who are only interested in garnering maximum financial benefit and have no respect
for the constitutional ethos and values.
70. The exercise undertaken by the officers of the DoT between September, 2007 and March
2008, under the leadership of the then Minister of C&IT was wholly arbitrary, capricious and
contrary to public interest apart from being violative of the doctrine of equality. The material
produced before the Court shows that the Minister of C&IT wanted to favour some
companies at the cost of the Public Exchequer and for this purpose, he took the following
steps:
(i) Soon after his appointment as Minister of C&IT, he directed that all the applications
received for grant of UAS Licence should be kept pending till the receipt of TRAI
recommendations.
(ii) The recommendations made by TRAI on 28.8.2007 were not placed before the full
Telecom Commission which, among others, would have included the Finance Secretary. The
notice of meeting of the Telecom Commission was not given to any of the non permanent
members despite the fact that the recommendations made by TRAI for allocation of
spectrum in 2G bands (800, 900 and 1800 Mhz) had serious financial implications. (This has
been established from the pleadings and the records produced before this Court that after
issue of licences, 3 applicants transferred their equities for a total sum of Rs.24,493 crores in
favour of foreign companies). In such matter, it was absolutely necessary for the DoT to take
the opinion of the Finance Ministry as per the requirement of the Government of India
(Transaction of Business) Rules, 1961.
(iii) The officers of the DoT who attended the meeting of the Telecom Commission held on
10.10.2007 hardly had any choice but to approve the recommendations made by TRAI. If
they had not done so, they would have incurred the wrath of Minister of C&IT.
(iv) In view of the approval by the Council of Ministers of the recommendations made by the
Group of Ministers, the DoT had to discuss the issue of spectrum pricing with the Ministry of
Finance. Therefore, the DoT was bound to involve the Ministry of Finance before any
decision could be taken in the context of paragraphs 2.78 and 2.79 of TRAI's
recommendations. However, as the Minister of C&IT was very much conscious of the fact
that the Secretary, Finance, had objected to the allocation of 2G spectrum at the rates fixed
in 2001, he did not consult the Finance Minister or the officers of the Finance Ministry.
(v) The Minister of C&T brushed aside the suggestion made by the Minister of Law and
Justice for placing the matter before the empowered Group of Ministers. Not only this, within
few hours of the receipt of the suggestion made by the Prime Minister in his letter dated
2.11.2007 that keeping in view the inadequacy of spectrum, transparency and fairness
should be maintained in the matter of allocation of the spectrum, the Minister of C&IT
rejected the same by saying that it will be unfair, discriminatory, arbitrary and capricious to
auction the spectrum to new applicants because it will not give them level playing field. He
simultaneously introduced cut off date as 25.9.2007 for consideration of the applications
received for grant of licence despite the fact that only one day prior to this, press release was
issued by the DoT fixing 1.10.2007 as the last date for receipt of the applications. This
arbitrary action of the Minister of C&IT though appears to be innocuous was actually
intended to benefit some of the real estate companies who did not have any experience in
dealing with telecom services and who had made applications only on 24.9.2007, i.e. one
day before the cut off date fixed by the Minister of C&IT on his own.
(vi) The cut off date, i.e. 25.9.2007 decided by the Minister of C&IT on 2.11.2007 was not
made public till 10.1.2008 and the first-come-firstserved principle, which was being followed
since 2003 was changed by him at the last moment through press release dated 10.1.2008.
This enabled some of the applicants, who had access either to the Minister or the officers of
the DoT to get the bank drafts etc. prepared towards performance guarantee etc. of about
1600 crores.
(vii) The manner in which the exercise for grant of LoIs to the applicants was conducted on
10.1.2008 leaves no room for doubt that every thing was stage managed to favour those who
were able to know in advance change in the implementation of the first-come-first served
principle. As a result of this, some of the companies which had submitted applications in
2004 or 2006 were pushed down in the priority and those who had applied between August
and September 2007 succeeded in getting higher seniority entitling them to allocation of
spectrum on priority basis.
71. The argument of Shri Harish Salve, learned senior counsel that if the Court finds that the
exercise undertaken for grant of UAS Licences has resulted in violation of the institutional
integrity, then all the licences granted 2001 onwards should be cancelled does not deserve
acceptance because those who have got licence between 2001 and 24.9.2007 are not
parties to these petitions and legality of the licences granted to them has not been
questioned before this Court.
72. In majority of judgments relied upon by learned Attorney General and learned counsel for
the respondents, it has been held that the power of judicial review should be exercised with
great care and circumspection and the Court should not ordinarily interfere with the policy
decisions of the Government in financial matters. There cannot be any quarrel with the
proposition that the Court cannot substitute its opinion for the one formed by the experts in
the particular field and due respect should be given to the wisdom of those who are
entrusted with the task of framing the policies. However, when it is clearly demonstrated
before the Court that the policy framed by the State or its agency/instrumentality and/or its
implementation is contrary to public interest or is violative of the constitutional principles, it is
the duty of the Court to exercise its jurisdiction in larger public interest and reject the stock
plea of the State that the scope of judicial review should not be exceeded beyond the
recognised parameters. When matters like these are brought before the judicial constituent
of the State by public spirited citizens, it becomes the duty of the Court to exercise its power
in larger public interest and ensure that the institutional integrity is not compromised by those
in whom the people have reposed trust and who have taken oath to discharge duties in
accordance with the Constitution and the law without fear or favour, affection or ill will and
who, as any other citizen, enjoy fundamental rights but is bound to perform duties.
73. Before concluding, we consider it imperative to observe that but for the vigilance of some
enlightened citizens who held important constitutional and other positions and discharge their
duties in larger public interest and Non Governmental Organisations who have been
constantly fighting for clean governance and accountability of the constitutional institutions,
unsuspecting citizens and the Nation would never have known how scarce natural resource
spared by the Army has been grabbed by those who enjoy money power and who have been
able to manipulate the system.
74. In the result, the writ petitions are allowed in the following terms:
(i) The licences granted to the private respondents on or after 10.1.2008 pursuant to two
press releases issued on 10.1.2008 and subsequent allocation of spectrum to the licensees
are declared illegal and are quashed.
(ii) The above direction shall become operative after four months.
(iii) Within two months, TRAI shall make fresh recommendations for grant of licence and
allocation of spectrum in 2G band in 22 Service Areas by auction, as was done for allocation
of spectrum in 3G band.
(iv) The Central Government shall consider the recommendations of TRAI and take
appropriate decision within next one month and fresh licences be granted by auction.
(v) Respondent Nos.2, 3 and 9 who were benefited by a wholly arbitrary and unconstitutional
action taken by the DoT for grant of UAS Licences and allocation of spectrum in 2G band
and who off-loaded their stakes for many thousand crores in the name of fresh infusion of
equity or transfer of equity shall pay cost of Rs.5 crores each. Respondent Nos. 4, 6, 7 and
10 shall pay cost of Rs.50 lakhs each because they too had been benefited by the wholly
arbitrary and unconstitutional exercise undertaken by the DoT for grant of UAS Licences and
allocation of spectrum in 2G band.
(vi) 50% of the cost shall be deposited with the Supreme Court Legal Services Committee for
being used for providing legal aid to indigent litigants. The remaining 50% cost shall be
deposited in the Prime Minister's Relief Fund.
(vii) However, it is made clear that the observations and conclusions contained in this order
shall not, in any manner, affect the pending investigation by the CBI, Directorate of
Enforcement and others agencies or prejudice the defence of those who are facing
prosecution in the cases registered by the CBI and the Special Judge, CBI shall decide the
matter uninfluenced by this judgment.
……………………………….J.
(G.S. SINGHVI)
……………………………....J.
(ASOK KUMAR GANGULY)
New Delhi;

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2012-02-01T18:59:00.000+05:30

www.bsnlnewsbyashokhindocha.blogspot.com M-09426201999
HIGHLIGHTS
In Wireless (GSM+CDMA) segment, monthly
growth improved to 94.7 lac in December’11 compared
to November’11. Top two performers in net Wireless
Subscribers addition in Dec.’11 are: Idea (23.9 lac) &
Uninor (21.2 lac). Videocon & S-Tel registered
negative growth. BSNL added 7.5 lac.
Amongst BSNL Circles, Bihar has given a pleasant
surprise by recording highest Wireless Subscribers’
growth of 4.5 lac in Dec.’11 followed by Kerala (1
lac), Karnataka (84K), Maharashtra (73K) & Orissa
(72K). Five Circles posted negative growth in Dec.’11
viz. AP (2 lac), WB (45K), Haryana (5K), Gujarat (2K)
& HP (1K). In VLR position of Dec.’11, Andhra
Pradesh Circle tops with 70.43%, followed by
Maharashtra - 67.23%, J&K- 66.75%, Kerala- 65.83%
& NE- 60.38%. Kolkata TD continues to occupy the
last position with 34.05%.
VLR – Visitor Location Register shows the actual
number of active Wireless telephones. In December
2011, VLR report indicated that only 72.36% (64.68
crore) of all wireless subscribers were active.
Company-wise detailed status is shown in the table.
Urban – Rural Divide on the Basis of Tele- Density:
After a brief respite in Nov’11, the gap i.e. Urban TD
minus Rural TD, has again widened in Dec’11. Figures
for consecutive nine months are: April’11= 125.2,
May’11= 126.2, June’11= 127.5, July= 127.8%,
Aug’11= 128.7%, Sep’11=129.6%, Oct’11=130.2%,
Nov’11=129.9% & Dec’11=130.4%.
Analyst: Mihir Dasgupta, Kolkata, 31.01.2012
Telephone Subscribers' Base in India
for the month of December 2011
W I R E L I N E W I R E L E S S T O T A L
SERVICE
PROVIDER
COMPANY Number
Market
Share
%
Number
Market
Share
%
Number
Market
Share
%
Wireless
VLR
Proportion
%
Bharti Airtel 3317295 10.15 175652816 19.65 178970111 19.32 90.02
Reliance 1265831 3.87 150078928 16.79 151344759 16.33 64.61
Vodafone 0.00 147746756 16.53 147746756 15.95 84.92
BSNL 23003774 70.38 96761805 10.83 119765579 12.93 52.94
Tata 1398102 4.28 83492826 9.34 84890928 9.16 54.74
Idea 0.00 106380111 11.90 106380111 11.48 92.98
Aircel/ Dishnet 0.00 61644411 6.90 61644411 6.65 54.90
Uninor 0.00 36306865 4.06 36306865 3.92 59.40
Sistema 47699 0.15 15006528 1.68 15054227 1.62 47.91
MTNL 3453766 10.57 5681165 0.64 9134931 0.99 35.24
Videocon 0.00 5442883 0.61 5442883 0.59 44.89
Loop Telecom 0.00 3236381 0.36 3236381 0.35 40.04
S-Tel 0.00 3549381 0.40 3549381 0.38 29.97
HFCL Infotel 198744 0.61 1192592 0.13 1391336 0.15 45.56
Etisalat/ Allianz 0.00 1670086 0.19 1670086 0.18 25.45
Total 32685211 100 893843534 100 926528745 100 72.36
TELE DENSITY
Urban 6.85 161.01 167.86
Rural 0.92 36.56 37.48
Overall 2.71 74.15 76.86
Broadband = 13.30 million
Source:
TRAI Press Release
dated 30th January, 2012

BSNL Latest News by Ashok Hindocha-M -09426201999

2012-02-01T18:50:00.000+05:30

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Telecom companies set to go for bold tariff hikes; your mobile bills to bloat 30% this year

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Read more on »Vodafone|telecom companies|Tariff hikes|Call tariffs|BSNL

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NEW DELHI: Mobile phone bills of consumers will rise 20-30% this year, top executives of all leading operators said, as the country's debt-ridden telcos raise call tariffs to revive revenue growth and cut losses in the fiercely competitive sector.

The move follows the 20% increase last July, the first hike after operators slashed tariffs in 2008 as they chased new customers, but ended up eroding profits. It comes at a time telcos are staring at penalties and fines running into thousands of crores of rupees for a range of alleged violations.

Vodafone quietly raised tariffs of postpaid users in January by about 20% in Delhi and plans to extend this to other regions, with rivals set to follow suit this month. Telcos say tariffs for prepaid customers, who form 96% of users, will be raised after March.

An executive close to Bharti Airtel said a 20-30% rise in the next 12 months was the "minimum requirement for the industry to keep its head above water".

Even state-run BSNL, which did not raise rates last time, plans to increase tariffs, a top executive said.

An executive close to Reliance Communications said the industry needed higher charges to service itsRs 275,000-crore debt. "Except the top three, all operators are losing Rs 800-1,000 crore per quarter," the executive said. Uninor Managing Director Sigve Brekke told ET recently if 'incumbents increase tariffs, he would be the first to follow', adding that customers could afford higher tariffs.

India added 400 million users in the last two years, but revenues crawled 10%, and average minutes of usage per customer fell from 465 in 2007 to 350.

"Inflation has been around 9% in the last two years. The industry paid Rs 70,000 crore for 3G spectrum. These services failed to take off and costs will eventually have to be passed on," said the executive of a leading GSM operator. He said earnings from every minute of traffic had plummeted to 40-45 paise from Rs 1 in 2007.

Samaresh Parida, director, Vodafone, said government levies had raised costs. "If the government keeps on trying to extract more from us, we are left with no alternative."

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Latest BSNL News by Ashok Hindocha M-09426254999-BSNLEU CHQ News

2012-01-31T22:30:00.000+05:30

Meeting with Chief Labour Commissioner on 31st January 2012

by vannamboodiri

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The conciliation meeting called by the Chief Labour Commissioner on the December 15 strike issues was held today, 31st January. Shri A.N.Rai, Director(HR), N.K.Narang (PGM SR) and other officers were present. From the JAC, Comrades V.A.N.Namboodiri, Convener, JAC, P.Abhimanyu, GS, BSNLEU and leaders from other unions were present. The meeting started and a detailed discussion took place on the Bonus issue. In the meantime CLC had to leave due to an urgent meeting of the ministry. Hence the meeting was adjourned and will probably held on 1st March. The exact date will be intimated by CLC.

During the meeting I had the opportunity to submit a detailed memorandum on the issues of the casual and contract labour with volumes of details of many circles regarding the non-payment of minimum wage and non-implementation of EPF and ESI. A copy was handed over to the Director(HR) also. CLC asked the Dir(HR) to look in to the matter. CLC assured that he will send the details to his Regional Labour Commissioners for taking necessary action in the matter. He also advised that similar cases can be directly sent to the RLCs. The issue of regularisation of the casual labour was also discussed with Director (HR).

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Jayantibahi Kundalia is Great-inf. by Ashok Hindocha M-09426201999

2012-01-31T22:12:00.002+05:30

Jaynibhai Kundalia is Great-inf. by Ashok Hindocha M-09426201999

http://lohanayuvakpragatimandal.blogspot.com

Managing Trustee

Dedicated to social services and a business tycoon Hon. Shri Jayantibhai Kundaliya born on the land of Rajkot on 12th June 1926 and studied up to std. 8th in Shri Karansinhji Middle School

His world of Business

Instead of joining the parental business of hole-sale grain merchant Hon. Shri Jayantibhai after making a curtail decision of making his own career by self support entered into monopoly business in kingly state of Rajkot .
Being adventurous and industrious in nature at a very young age he started achieving the highest peaks of success. During the partition a Muslim friend and businessman handed over his firm of Shri LakhajiRaj Vegetable Market to Shri Jayantibhai without a single ‘pai’. Getting this valuable chance with a wisdom of business and intimacy with the farmers almost ninety percent of vegetable commission agency business was with the firm of Hon. Shri Jayantibhai Kundaliya.
Gradually He received a high amount of public vote among farmers group and in 1958 one of his farmer customer offered to sale his land at the cost of Rs. 1000 per acre. Keeping in view the geographical position Hon. Shri Jayantibhai captured the opportunity. It was the first deal of to days business tycoon. At the young age of 35 Hon. Shri Jayantibhai could do the dealing of 80% land of well developed areas of Kalavad Roadand Raiya Road which is a record in the history of land business of Rajkot . During 1976 Government implemented the Urban Land Ceiling Act and when the forms of land ownership were produced Hon. Shri Jayntibhai was emerged as the biggest land owner of Gujarat state. Hon. Shri Jayntibhai Kundalia has always remained on top where ever he puts his finger.
Hon. Shri Jayntibhai entered and contributed in the building sector by building a housing society ‘ Natraj-Nagar’ of 300 dwelling units for middle class people in the posh area of University Road.
Devotee of Lord ‘Shiva’ Hon. Shri Jayantibhasi did the most sacred pilgrimage of Amarnath at a very young age in 1953 and ‘Kailash-Mansarovar’ in 1962. To organize the business he has moved not only through out India but also He visited the countries like Nairobi , Mombasa , South Africa and many more during his young age.
Having the typical business understanding he started a renowned theater of Rajkot city ‘Girnar’ and gave cultural entertainment of film-lover public of Rajkot.

Political Career

Hon. Shri Jayntibhai is the freedom fighter not intending to get the pension from the government took part in freedom movement and jumped into the election of local-self government just after the independence and became the councilor of the Rajkot city from congress party and continued from 1953 to 1986 for 33 years constantly which is a record in the history of Rajkot municipality. During his career of 33 years he remained on various positions like chairman of standing committee, construction committee, Lighting committee, Water-works Committee etc.. and have contributed in the most pious deed of serving the community by increasing basic public amenities and developmental tasks.

Constant Services in Banking Sector

Being the businessman by birth Hon. Shri Jayntibhai has the qualities of changing the loss making institute into profit making organization by his visionary management. Rajkot Commercial Co-operative bank was a loss making bank when he was offered the chairmanship of the bank and today the bank is on the top with a profit of 5,00,00,000 five crors. The credit goes to Hon. Shri Jayntibhai Kundaliya. Under his most able leadership and management today more than 100 employees are with the bank.

The Educationalist

With the intimate relationship with the renowned educationalist Late shri Labhubhai Trivedi and hon. Shri Mansukhbhai Joshi Hon. Shri Jayntibhai establish Mahatma Gandhi Trust and Lalbahadur shaastri Kenavani mandal and now he is managing the trusts providing primary, secondary and higher education in gujarati as well as English medium as a president. Hon. Shri Jayntibhai is even rendering his services in more than 15 institutes of Shri Rajkot Kelavani Mandal and he is a vice president of Matushree Virbaima Mahila College too. With his dedication to the world of education so many students get the education and jobs.
Hon. Shri Jayntibhai has developed the following institutions with a pious intention that no female of the city and region would remain illiterate.

Smt. Jasvantiben Jayantilal Kundalia Commerce College ( Eng. Medium)
Smt. Jasvantiben Jayantilal Kundalia Commerce College (Guj. Medium)
Smt. Jasvantiben Jayantilal Kundalia B.Ed. College
Late Meenaben Jayantilal Kundalia mahila Commerce College
Late Meenaben Jayantilal Kundalia mahila College (Eng. Medium)
Smt. Jasvantiben Jayantilal Kundalia B.B.A. College
Late Meenaben Jayantilal Kundalia B.B.A. College
Late Meenaben Jayantilal Kundalia C.A.Fdation Centre
Late Meenaben Jayantilal Kundalia Tech. Institute
Late Meenaben Jayantilal Kundalia Yog Sadhana Training Center
Smt. Jasvantiben Jayantilal Kundalia Phy. Edu. Academy.

These are the gifts of Smt. Jasvantiben Jayantilal Kundalia to the society.

A sight of Services to Mankind

With emotive feelings Hon. Shri Jayntibhai established Late Meenaben Jayantilal trustfor social upliftment and sailed in the ocean of social services by economic contribution in the areas like Religious, Educational, Social and in the services of suffering humanity. Many religious places got renovated from the trust’s aid like Bhakti Ashram, Panchnath MahadevMandir, Ishwariya Mahadev, Sant Kabir hill, Chandramaulishwar, Siddhnath Mahadev, Dhareshwar Mahadev, Bal-Krishnalal Hawali, Madan mohan Prabhu ni HAveli,Shreejee Gaushala,Sat Hanuman Mandir .. all places received financial aid for renovation as well Electric Arti . The saints and needy at the doorstep of Hon. Shri Jayntibhai never turns unaided. He has also contributed to A.V. Jasani T.B. Hospital , Cancer Hospital , Jaynath Hospital Axaygadh , Bhuptani Clinic.
The horizons of contribution expanded even to Muktidham for statue and aluminum sidi , Sadhan Sahay to handicaps Sewing machine to needy widows of the community, Marriage expense of orphan girls and help to poor animals are the main domains of the financial aid given by Hon. Shri Jayntibhai.He keeps the flame of services always lightened.

Community front to serve…

Three decades before a young man became the secretary of Lohana Mahajan. And a president in 1998 ….
As soon as he was awarded the presidentship a change in the vision and working style of mahajan was implemented and continued till today..

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BSNL Latest News by Ashok Hindocha-M -09426201999-BSNLEU-News

2012-01-30T18:24:00.000+05:30

www.bsnlnewsbyashokhindocha.blogspot.com M-094051 45990
[30.01.2012]Conciliatory meeting with Chief Labour Commissioner tomorrow

The Chief Labour Commissioner will hold a conciliatory meeting tomorrow, the 31.01.2012, between the JAC, BSNL management and the DOT. This meeting is the continuation of the one held on 22^nd December, 2011. The issues contained in the Charter of Demands of the JAC, for the 15^th December, 2011 strike, will come up for discussion in the meeting.

[30.01.2012]Interpretation of dependency criterion for grant of two family pensions - Corporate Office Order <>

[30.01.2012]BSNL initiates recruitment for Senior Management level posts

BSNL management vide letter no.400-125/2011-Pers-I dated 27^th January, 2012, has initiated the process for the recruitment ITS officers to the post of Sr.DGM, GM, PGM and CGM.

[28.01.2012]Implementation of FR 22 (i) (a) (i) for officiating JTOs - CHQ writes to Corporate Office <>

[28.01.2012]FR 22 (i) a (i) to officiating JTOs: GS and Dy.GS meet Director (HR)

Com. P. Abhimanyu, GS and Com. P. Asokababu, Dy.GS met Director (HR) yesterday the 27.01.2012 and discussed with him the issue of FR 22 (i) a (i) to officiating JTOs. They requested the Director (HR) to accept the court judgement on granting FR 22 (i) a (i) to the officiating JTOs and not to go on any appeal in the Supreme Court. The Director (HR) assured to look into the matter.

The GS and Dy.GS once again requested the Director (HR) to take an early decision for conducting prequalifying test for the TTA LDCE. The Director (HR) assured to look into this issue also.

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BSNL Latest News by Ashok Hindocha-M -09426201999-AIBSNLEA News

2012-01-30T18:14:00.002+05:30

United Forum of BSNL Executives' Associations comprising AIBSNLEA, SNEA(I) & AIGETOA decides to hold its CHQ Office Bearers & Circle Secretaries Meeting at New Delhi on 11th Feb'2012 from 11 hrs onwards (for one day) to discuss & decide the strategies for successful implementation of Organisational Programmes begins w.e.f. 15th Feb'2012 i.e. 3 Days Dharna programme on 15th, 16th and 17th Feb'2012 along with 'Work According to Rule' and 'Non Co-operation Movement' programes to protest against the arbitrary notification of Special Recruitment Rules of Sr. DGM, non- finalization of E2-E3 standard IDA pay scales & CPSUs Cadre hierarchy in BSNL.

All the CHQ Office Bearers & Circle Secretaries of AIBSNLEA are requested to attend the above United Forum Meeting on 11th Feb'2012 positively and reach at Delhi on 10th Evening or 11th Morning & may depart on 11th Night. They may also hold their CEC Meeting & Special General Body Meetings before 15th Feb'2012 after returning from Delhi to their HQs for mobilization & successful implementation of Organisational Action Programmes. All CHQ Office Bearers / Circler Secretaries may inform their arrival & departure schedule to CHQ Financial Secretary/AGS(HQ) immediately for their boarding and lodging arrangements. The meeting venue at New Delhi will be communicated shortly.

27.01.2011: BSNL notified Special Lateral Direct Recruitment of Sr. DGM and GM / PGM/ CGM (Telecom Operations Stream) in BSNL on immediate absorption basis
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27.01.2011: BSNL Corporate Office endorsed DoT latter no. A-11013/33/20L1-Abs.Cell dated 25.01.2012 to All Heads of Telecom Circles & Administrative Units of BSNL EDs/PGMs/Sr.GMs/GMs/Addl. GMs/DGMs, BSNL CO, New Delhi regarding recruitment of ITS Group A officers to the post of Sr. DGM and GM / PGM / CGM in Telecom Operations stream in BSNL on immediate absorption basis <>

27.01.2011: BSNL News (i) CBI lens on graft cases in MTNL, BSNL, DoT <>

1618 Languages, 6400 Castes, 6 Religions, 6 Ethnic Groups, 29 Major Festivals & 1 Country! Be Proud To Be An Indian ! ...

Great Republic ...

Happy Republic Day !!

25.01.2012:

<<Click Here for Details of dispatch of BSNL Executives Diaries-2012(Diaries order received up to yesterday) >>

25.01.2012 : Seniority case at Hon CAT, Chennai: OA 36/2011 related to JTO seniority (as per DOP&T) challenging the JTO eligibility list has not come up for hearing due to paucity of time and posted for hearing on 31/01/2012.

24.01.2012: GS, President, FS met Sr. GM(Pers.) and discussed (a) Restructuring of AD(O/L) cadre: We requested to initiate action for restructuring of AD(O/L) cadre since it has not taken place after formation of BSNL like other executives cadres. Sr. GM(Pers.) mentioned that as per the assurance given to this association, the Committee has been constituted to examine the matter. He advised to provide some more feed back to Committee in this regard and assured an early action.
(b) DPC to fillup DGM vacant posts: We expressed our serious concern against delay in completing the DPC to fill up DGM vacant posts. Sr. GM(Pers.) mentioned that DPC is in progress & on 270 SDEs seniority issue as per DoT advise has been sent to Competent Authority for approval. He assured that efforts are being made to fill up about 600 DGM vacant posts. However, we pleaded that implementation of CPSUs Cadre Hierarchy in BSNL can settle all pending legal cases on TES Group-'B' seniority.

(c) Implementation of One TES Group-'B' Seniority Rule: We expressed our serious concern against implementing the two TES Group-'B' Seniority Rules i.e. RR 1966 & Rule 206. It has cause serious heart burn among the TES Group-'B" officers & has invited several court cases, which are adversely affecting promotional avenues. Sr. GM(Pers.), Addl. GM(Pers.) after detailed discussions on pending court cases assured to meet BSNL advocate to seek the legal opinion so that litigations are avoided & TES Group-'B' senirotiy is streamlined on the basis of one rule.

24.01.2012: SEA Cell, BSNL Corporate Office issued letter regarding transfer / posting and cancellation in the grade of AO/Sr. AO <<Click here for order >>

24.01.2012: GS writes to The PGM(FP), BSNL CO regarding request for transfer in the cadre of Accounts Personnel-<>

23.01.2012: GS, President met PGM(FP) and discussed (a) DPC from AO to CAO: PGM(FP) mentioned that DPC has been initiated by calling ACRs/VCRs & the approval of Competent Authority to decides the number of CAOs posts to be filled up is being taken shortly.
(b) DPC from JAO/AAO to AO: PGM(FP) informed that proposal to initiate DPC from JAO/AAO to AO was sent to Competent Authority for approval but Director (HR) wants to discuss the matter in person & shortly it will explain to him.
(b) Consideration of request/tenure transfers: We requested for consideration of request/tenure transfers of AOs/CAOs & also modification of transfer orders of AOs on genuine grounds. PGM(FP) after examine the cases & assured an early action in this regard.

23.01.2012:BSNL Corporate Office issued clarifications regarding representations from SDEs(T) for ante-dating of promotion in the grade under competitive quota based on LDCE 2002 w.e.f. 23.01.2002 in compliance with order dated 26.04.2010 of CAT Bangalore <>

23.01.2012: BSNL Corporate Office issued addendum regarding BSNL Special Lateral Direct Recruitment Rules-2011 of BSNL Management Services - regarding inter-se seniority in the recruitment made from ITS Officers of DoT <>

23.01.2012: BSNL Corporate Office issued letter regarding transfer posting in the grade of SDE(C ) <>

23.01.2012: BSNL Corporate Office issued letter regarding calling of ACRs and Screening Committee report w.r.t. preparatory work for the promotion of Executives (TES Group- 'B' ) to AGM/DE Grade on ad-hoc <> <> <>

23.01.2012: Status as on 23.01.2012 of the DPC from SDE(T) to DE(Adhoc/REGULAR): The ACRs from NE-I and WTR (WTR-Softcopy not received) are still awaited. Both the Circle/Branch Secretaries are requested to ensure early dispatch of ACRs from their Circles to BSNL Corporate Office.

20.01.2012: GS writes to Shri A.N. Rai, Director (HR) BSNL regarding request for fixation in Pre-revised Pay scale of Rs.Rs.9850-14600 at Rs.21620/- under Fitment Method-Case of JTOs / JAOs(Deptt) [ Ref: Letter Nos.1-16/2010-PAT dated 07/05/2010, 1-37/2010-PAT dated 18/05/2011 & 1-29/2010-PAT (BSNL) dated 3.01.2012] <>

20.01.2012: <<<Click Here for glimpses of dharna programme organized by United Forum of BSNL Executives' Associations at BSNL Corporate Office on 20.01.2012>>>

20.01.2012:United Forum of BSNL Executives' Associations served notice to Sh. R.K. Upadhyay, CMD BSNL for indefinite 'Work According to Rule' and 'Non Co-Operation Movement' demanding

(i) No recruitment to Sr. DGM / Jt. GM

(ii) Extend standard pay scales of E2, E3, etc <>

19.01.2012:GS, FS and AGS(HQ) met PGM(FP) and discussed

(a) Regarding Holding of DPC from AO to CAO: We requested to speed up the DPC from AO to CAO. PGM(FP) mentioned that ACRs/VCRs of eligible AOs have already been called to initiate DPC and now the issue has been explained to Director(HR) and he has assured to get cleared from MC at the earliest.

(b) Holding of DPC from JAO/AAO to AO : We requested to expedite DPC from JAO/AAO to AO. PGM(FP) mentioned that already action has been initiated in this regard

(c) Consideration of requests received from AOs: More than 50 requests from AOs have been received demanding cancellation / modification in the transfer order issued on 11.11.2011. PGM(FP) assured that the matter is under active consideration on the merit of the cases some modified/retention order will be issued shortly.

(d) Holding of Committee Meetings on withdrawal of clarification issued by Pers. Cell dated 19.02.2010(AAO/Sr. AO/Sr. SDE Cases) and Senior executives drawing less pay than their juniors: PGM(FP) mentioned that today itself committee will hold the meeting on clarification issued by Pers. Cell dated 19.02.2010 (AAO/Sr. AO/Sr. SDE Cases). For other issues committee will hold the meeting shortly.

19.01.2012 : <<<CLICK HERE FOR NOTE ON THE CHARTER OF DEMANDS ON WHICH THE JAC OF ASSOCIATIONS / UNIONS OF EXECUTIVES / NON - EXECUTIVES IN BSNL WENT ON THE ONE DAY STRIKE ON 15TH DECEMBER'2011>>>>

19.01.2012: GS writes to Sh. R.K. Upadhyay, CMD BSNL regarding allowing Sabbatical Leave Scheme in BSNL <> <>

18.01.2012: Please collect Diary dispatched through M/S TCI fright by showing your Purchase Order / Office letter. In case any problem kindly contact 09654522928 (Mr. Santosh) / 09868101880 (Financial Secretary, AIBSNLEA)

18.01.2012: United Forum of BSNL Executives' Associations meeting with Director (HR), BSNL: Director(HR) in the presence of PGM(SR), GM(Estt.), Addl. GM(Pers.), DGM(SR) and AGM(SR) conducted a meeting with the representatives of United Forum of BSNL Executives' Associations in response to the notice given on dated 05.01.2012. United Forum demanded to abandon lateral entry RRs to recruit Sr. DGMs and GMs/PGMs/CGMs in contravention of existing BSNLMS RRs and finalization of standard IDA pay scales of E2 and E3 for JTO and SDE equivalent executives.

United Forum strongly protested against the unilateral notification of lateral entry RRs to rehabilitate non optee ITS officers in BSNL through back door entry. UF demanded first to fill up all vacant Group-'A' level posts by its own eligible executives. UF also demanded that E2 & E3 IDA pay scales should immediately be finalized since the pension contribution is now being paid on actual basic pay & implementation of CPSUs cadre hierarchy.

After detailed discussions, Director(HR) mentioned that implementation of CPSUs cadre hierarchy & finalization of E2 & E3 IDA pay scales can be discussed but the recruitment at Sr. DGM / GM / PGM / CGM level is immediately required due to sudden shortage arises in these grades on implementing DoT repatriation order.

UF during discussions found the reluctant attitude of BSNL Management & not considering our demands, has decided to intensify organisational action programmes as under :-

(i) Mass Dharna on 20^th Jan'2012 at all SSAs/Circles/BSNL HQ level

(ii) 3 Days Mass Dharna w.e.f. 15^th Feb'2012 to 17^th Feb'2012 at all SSAs / Circles / BSNL CO level

(iii) In additional to this "Work According to Rules" & "Non-Co-operation Movement" will also start by 9.00 Hrs on 15^th Feb'2012 to indefinite period till the settlement of our demands.

During three days dharna programme 100% executives are to participate in three batches to make the programme a grand success.

For mobilization all three General Secreatries (AIBSNLEA, SNEA(I) & AIGETOA) will visit Hyderabad on 27^th Jan'2012, Chennai on 28^th Jan'2012, Bangalore on 30^th Jan'2012 & Pune on 3^rd Feb'2012. To visit other major stations, the tour programme will be decided shortly.

All the CHQ Office Bearers/Circle/Branch Secretaries are requested for wide publicity & mobilization to make the organizational action programmes a grand success.

18.01.2012: BSNL Corporate Office issued letter regarding requests for change of examination centre w.r.t. Limited Departmental Competitive Examination for promotion to the grade of Sub-Divisional Engineer (Telecom) under 33% quota to be held on 4-3-2012(Sunday) <>

18.01.2012: BSNL corporate office issued letter regarding payment of IDA at the revised rates for employees drawing pay thier pay in revised IDA scales w.e.f. 01.01.2007<>

18.01.2012: Editorial TELEWAVE Jan'2012: <<<Special Lateral Direct Recruitment Rule-2011 of BSNL MS for Sr. DGM and GM/PGM/CGM is an attempt to block the carrier prospects of BSNL Executives>>>

18.01.2012:GS writes to

(i) Shri R K Upadhyay, Chairman cum Managing Director, BSNL regarding Increase of monetary limit of leave encashment of BSNL for the purpose of Income Tax [Ref: AIBSNLEA/CHQ/CMD/2011 DATED 11.05.2011] <>

(ii) Shri A N Rai, Director (HR), BSNL regarding implementation of Judgment dated 26/04/2011 of Hon'ble CAT Bangalore in OA No. 181/2009 filed by Shri K S Premkumar and 123 others- Extending the benefit of notional date of promotion and fixation of pay w.e.f. 23.01.2002 and actual benefits from 01.04.2008 to similarly placed other candidates [Ref: BSNL CO New Delhi ltr no.54-14/2009-Pers(legal) dated 21.10.2011] <>

(3) Shri R Chandrashekar, Chairman Telecom Commission & Secretary (T), DoT regarding reimbursement of salary dues of deputed employees of DOT to BSNL <>

(4) The PGM(Fin), BSNL regarding corrections/modification in seniority list in the cadre of SDE(T)-<>

(5) Shri R K Upahdyay, Chairman Cum Managing Director, BSNL regarding justification of Additional STS posts- case of Karnataka Circle-[Ref: AIBSNLEA/CHQ/CMD/2010-11dated 25.08.2010] <>

16.01.2012: Status as on 16.01.2012 of the DPC from SDE(T) to DE(Adhoc/REGULAR): The ACRs from MH, NE-I, WTP, NTP, NE-II (Only Softcopy received) and Kolkata TD are still awaited. All the Circle/Branch Secretaries are requested to ensure early dispatch of ACRs from their Circles to BSNL Corporate Office.

16.01.2012: BSNL replied for GS letter no. AIBSNLEA/CHQ/CMD/2011 dated 22.12.2011 regarding non-settlement of grievances of Official language staff <>

16.01.2012: DPE issued order regarding payment of IDA at revised rates- for Board level /below board posts including non-unionized supervisors in CPSEs - <>

16.01.2012:

<<Click here for the Total order received as on date>>

Click below for Details of dispatch of BSNL Executives Diaries-2012

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<>	Please remit diary amount by D.D. or Cheque in the name of AIBSNLEA payable at New Delhi on CHQ address.

11.01.2012: United Forum of BSNL Executives' Associations Meeting: The representatives of United Forum of BSNL Executives' Associations comprising AIBSNLEA, SNEA(I) and AIGETOA met and discussed the strategies for successful implementation of Organisational Action Programmes on 16th and 20th Jan'2012 - Demonstration & DHARNA respectively. UF requested all the Circle/Branch Secretaries for the successful implementation of Organisational Action Programmes on 16th and 20th Jan'2012- Demonstration & DHARNA respectively to protest against arbitrary notification of RRs of Sr. DGM/GM/PGM/CGM. UF after detailed discussions decided that all the three General Secretaries will go on organisational tours to the Major Stations i.e. Kolkata, Mumbai, Chennai, Pune, Bangalore, Hyderabad, Chandigarh etc for mobilization and successful implementation of harder Organisational action programmes in terms of "Three days Hunger Strike", "Work According to Rules" and "Non-Co-operation Movement" w.e.f. First week of Feb'2012 demanding to stop back door entry of non optee ITS Officers through the arbitrary RRs and to provide standard pay scales E2 & E3 to JTO / SDE equivalent executives etc. GS, President attended the UF meeting.

All the CHQ Offcie Bearers, Circle/Branch Secretaries are requested to ensure successful implementation of UF Organisational Action Programmes to defeat the sinister design of BSNL Management for blocking the carrier prospectus of BSNL Executives. The notice for future course of Organisational Action Programmes will be issued shortly.

11.01.2012: GS, AGS(HQ) met ED(NB) & PGM(BW) and discussed (a) Promotion from SDE(C) to EE(C): We extended our sincere thanks for issuing promotion order of 17 EEs(C) from SDEs(C) on 29.12.2011 and their posting with minimum disturbance.
(b) DPC from JTO(C) to SDE(C) : We requested to initiate DPC to fill up vacant SDEs(C) posts. PGM(BW) mentioned that efforts are being made to initiate DPC to fill up vacant SDEs(C) posts and in this regard all CGMs have been requested to send the gradation list in JTO(C) grade for preparing the All India gradation list in JTO(C) grade [Click here for the letter of PGM(BW)].
(c) Consideration of request/tenure transfers of EE(C)/SDE(C): We requested for consideration of request/tenure transfers of EE(C)/SDE(C). ED(NB) mentioned that all request / tenure transfers of EE(C)/SDE(C) will be considered in the month of March'2012.
(d) Project Works of other Deptt./PSUs: ED(NB) informed that Civil Wing Officers in some Circles i.e. J&K, Punjab, Himachal etc have taken Project Works from other Deptt./PSUs and doing successfully but some Circles Civil Wing Officers are not taking initiatives to take the Works from other Deptt./PSUs i.e. Rajasthan Circle. He mentioned that CMD is impressing upon to take maximum Civil works from other Departments/PSUs. PGM(BW) explained that some Departments/PSUs are hesitating to award Civil Works to BSNL being a Telecom Company. He suggested that BSNL should form a infra subsidiary for Civil Works , which will help us to take works easily from other Departments/PSUs.
(e) DPCs to fill up vacant CE(E)/SE(E)/EE(C) Posts: We requested to initiate DPCs to fill up vacant CE(E)/SE(E)/EE(C) Posts. ED(NB) mentioned that PGM(E) has invited objection/discrepancies in provisional Seniority Lists in the various grades of Electrical Wing for absorbed Executives in BSNL for preparing the final seniority list. He assured that shortly all the sonority lists will be finalized and DPCs will be conducted to fill up the vacant CE(E)/SE(E)/EE(C) Posts.

11.01.2012: 4th Branch Conference of AIBSNLEA Jodhpur Telecom District 4th Branch Conference of AIBSNLEA Jodhpur Telecom District was held on 07.1.2012 at Hotel Pavitraas, Jodhpur as Mega event. The Conference was attended and addressed by Shri Prahlad Rai, General Secretary AIBSNLEA CHQ, Sh. P.R. Leel, Circle President, Sh.O.P. Jat, Circle Secretary, Sh. A. K. Tiwari, Circle Vice President, Raj. Circle and Sh. K.R. Karmachandadani, OS(W), Raj. Circle. After the welcome of dignitaries, Sh. N.K.Choudhary, District Secretary presented his report, wherein he described the achievements of the Branch body during his tenure as District Secretary. Then, Sh. KK Trivedi, Finance Secretary presented financial report during this period. A new Branch body was formed in the presence of almost all Executives of Jodhpur. Sh. D.P. Pania, Branch President, Sh. R. C. Vyas Branch Secretary and Sh. O.P Chitara as Financial Secretary and other members were unanimously elected.

The Open session of the conference was presided by Shri Rameshawar Dadich( City Mayor) who could not attend by some reason, Shri Pankaj Bhandari, Adl. GM (Admin &Plg) O/o GMTD, Jodhpur was the Chief Guest, Sh. Anil Gehlot, DGM(CM), Sh. Rajesh Gupta DGM(CMTS), Sh. P. Dohre, DGM( Project), Sh. S.C. Singh SE(Electrical), Sh. KC. Bansal, IFA- DGM( Finance) were guest of Honour.

The open session Topic was "Modernization of telecom services and customer aspiration". Sh. N.K Choudhary SDE(NTR) and Ex District Secretary, Sh. A.K Gehlot DGM(CM), Sh. S.C. Singh SE(Electrical), Sh. Sushil Kumar Jangid JTO(EB) gave their views on this Topic. The focus of speakers was to provide customer maximum solution for any telecom service in least possible time and as per his demand at affordable prices and at much extent so that customers may feel delight which is present demand of market.

Com. O.P. Jat, CS Rajasthan Circle congratulated Jodhpur Telecom District Body for their contribution in strengthening the AIBSNLEA in Rajasthan Circle. He assured the Administration, on the behalf of members to provide every contribution to strengthen the BSNL. Com P.R. Leel, Circle President in his address informed that recently, the Rajasthan Circle has make good progress in the revenue trend. He hope that the same trend will remain continue in future. He hoped for the early settlement of all the pending issue. He further appealed to all for ensuring the viability of BSNL.

GS AIBSNLEA, Shri Prahlad Rai , congratulated the comrades of Jodhpur Telecom District for the successful conference and thanked the comrades of his home circle for its great affection. He starts his speech on customer delightness on which JAC observed 'Customer Delight Month' and 'Customer Delight Year'. In his detailed address Com GS explained the role of AIBSNLEA in the viability of BSNL. He mentioned the success of AIBSNLEA in recently issued order regarding pension fund contribution on actual basic pay. He mentioned that BSNL earned profit in its early days but due to un-helping and over-jealous attitude of the Govt. [ i.e. unjustified payment of spectrum charges (3G & BWA) of Rs. 18,500, non-reimbursement of licenses fee, USO Charges, Payment of OPEX Charges, withdrawal of ADC, Payment of AGR, , Interest on payment of notional loan Rs. 7500 Crores] the viability of BSNL is adversely affected. He informed that BSNL is spending more then 9000 Crores rupees in Rural areas services but No ADC charges is being given by the Govt. In addition of this non-procurement of GSM equipment, cables, telephone instruments, MLLN Modem, Broadband Modem, Drop wires etc have affected the quality & growth of services. He explained that how the AIBSNLEA is continuously pursuing these viability related issues with the BSNL Management and DoT. Com GS. Further explained the burning issues of the Headquarters level like ITS Repatriation process and the stand of AIBSNLEA and JAC on this issue. He mentioned that the BSNL Executives' are fully compatible to hold the higher responsibilities and BSNL Management should implement the contingency plan suggested by the United Forum for completing the ITS repatriation process. He explained the stand of JAC on the issues like VRS, 30% disinvestment and unbundling of last mile copper. He apprised the status of HR issues related to mainly DPCs from JTO to SDE, SDE to DE(Adhoc/Regular), DE to DGM, DGM to GM, GM to Sr. GM/PGM, JAO to AO, AO to CAO & CAO to DGM(F), DGM(F) to GM(F) and GM(F) to PGM(F) etc., modification in transfer policy & Benchmark of EPP, Tightening of staffing norms, VRS, Pay anomaly- Sr. are drawing less salary than their juniors etc. In the last, he appealed all the Executives' for making BSNL as an vibrant organization.

Shri Pankaj Bhandhari , Adl. GM (CFA Plg &Admin) Jodhpur in his address wishes to all on Happy New year and thanked to GS Sh Prahlad Rai for imparting meaningful and important information for current activities and movements at BSNL HQ New Delhi. He suggested that We should treat customers as King of Market and make him delightful from our services. He mentioned that we should explore and utilize the capacities our manpower and further added to attitude & mindset towards the customer delight ness.

Newly elected Branch Secretary Sh. R. C. Vyas spoke for disposal of his new assigned duties in good manner and expect support and help as and when required from CHQ and Members. He further added that Tariffs of most valued EB Services(ILL, P2P, MPLS- VPN, VPNoBB etc.) are available on BSNL website which is reference rate as provided by TRAI which is very high and creating bad image on our Business activity, whereas private companies don?t put any EB tariffs on their website. Despite Private Companies are grabbing businesses by showing our High tariff to customers. What may be general perception about discount , it may be vary from 20% to 30%, No one can think about discount 70% to 80% which we are providing as per discount policy. He suggest that BSNL should take strong step in this matter. Then He gave vote of thanks to all the members. <>

10.01.2012: AIBSNLEA's consistent efforts yielded result in getting released the Transfer and posting order in the grade of STS of Telecom Finance <>

10.01.2012: BSNL Corporate Office issued order regarding proposal for convening of DPC for promotion to the cadre of Accounts Officer and calling for ACRs and other information <> <> <> <> <>

10.01.2012: BSNL Corporate Office issued letter regarding provisional Sr. Lists in the various grades of Electrical Wing for absorbed Executives in BSNL- inviting objection/discrepancies

Click Here for letter <>

Click Here for lists of <> <> <> <>

10.01.2012: BSNL Corporate Office issued letter regarding furnishing of APAR s for the promotion in the grade of EE(E)-<>

09.01.2012: <<Click Here for Details of dispatch of BSNL Executives Diaries-2012 [List No.1 to 3] >>

09.01.2012: GS, President met CMD, BSNL and greeted him on New Year-2012. We wish that Year-2012 will be a Prosperous year for BSNL. On our queries to some pressing issues he mentioned as under:-

(a) Financial support from Govt. to BSNL: CMD informed that today F/N also he met Secy(T), DoT in the presence of DoT / BSNL officers and discussed about financial support in terms restoring ADC to BSNL, ITI refund Rs. 200 Crores, refund of excess paid pension contribution w.e.f. 01.01.2007, reimbursement of license fee and USO charges to BSNL etc and Secy(T) has assured to examine the issues.

(b) VRS: On our query that rumors are there that MOF has turned down the demand of BSNL / DoT of Rs. 18000 crores to offer VRS to BSNL employees and has advised to reduce retirement age to 55 / 58 years from 60 years. CMD clarified that this is only rumor and the matter is still under consideration.

(c) ITS absorption: We strongly protested against 600 Sr. DGMs recruitment and diverting our promotional posts in violation of BSNL MSRRs and creating additional substantive grades. CMD clarified that it is only a transit arrangement and your promotional posts will not be taken away. However, we impressed upon not to dilute our promotional avenues and holding immediate DPCs to fill up the vacant Group-'A' level posts. CMD assured to look into the matter.

09.01.2012: BSNL Corporate Office issued letter regarding Proposal for promotion of AOs/Sr AOs to the grade of STS on ad-hoc basis <> <> <> <>

09.01.2012: Conduct demonstrations tomorrow the 10.01.2012 :

Conduct protest demonstrations on 10.01.2012, as per the call of the JAC,

(a) to demand severe action on the 5 private operators who cheated government and provided 3G service in circles where they have not acquired 3G spectrum, and thereby caused heavy loss to the govt.

(b) to demand immediate refund of BWA spectrum amount.

All the CHQ Office Bearers, Circle / Branch Secretaries are requested to mobilize the members for active participation in above organisational action programme to make its a grand success.

09.01.2012:JAC press release on Lunch Hour Demonstration by BSNL Workers on 10^th January, 2012 <>

09.01.2012:Programmes of Protest actions by the United Forum of Executive Associations i.e. AIBSNLEA, SNEA (I) and AIGETOA to impress upon the management to immediately abandon the arbitrary move to recruit Sr. DGMs and Jt. GMs in direct contravention of existing BSNLMS RRs and also to process the legitimate demand of standard IDA pay scales of E2 and E3 for JTOs and SDEs.

(a) Country wide Lunch hour Demonstrations at Corporate / CGM / GM Hqs on 16-01-2012.

(b) Full day Dharna at Corporate / Circle / SSA Hqs on 20-01-2012.

All the CHQ Office Bearers, Circle / Branch Secretaries are requested to mobilize the members for active participation in above organisational action programme to make its a grand success.

05.01.2012:BSNL Corporate Office issued list of eligible candidate w.r.t. Limited Departmental Competitive Examination for promotion to the grade of Sub-Divisional Engineer (Telecom) under 33% quota to be held on 4-3-2012(Sunday) - <> <>

05.01.2012: GS, President met Sr. GM(Pers.) & discussed

(a) Filling up of vacant DGM posts: We requested Sr. GM(Pers.) to take immediate action to fill up vacant DGM posts. Sr. GM(Pers.) mentioned that after the dismissal of contempt notice by Hon'ble Supreme Court the clearance application it is being moved to Hon'ble APEX Court on 270 SDEs Seniority case. However he assured an early action.

(b) DPC from SDE(T) to DE(Adhoc/Regular): We requested to expedite DPCs from SDE(T) to DE(Adhoc/Regular). Sr. GM(Pers.) mentioned that DPC process has started & efforts are being made to expedite the DPC.

(c) Consideration of pending request / tenure transfers of SDEs/DEs: We requested Sr. GM(Pers.) to consider pending request/tenure transfers of SDEs/DEs. Sr. GM(Pers.) mentioned that all pending cases will be considered in the month of Feb'2012.

05.01.2012:GS, President met PGM(FP) and discussed

(a) Regarding Holding of DPC from AO to CAO: We expressed our resentment against delay in initiating DPC. PGM(FP) mentioned that the matter was discussed in the last MC but competent authority desired to some more feedback on the issue. Now the issue has been explained to Director(HR) and he assured that in next MC he would get the matter cleared. In order to avoid delay we requested him to call for the requisite ACRs/VCRs immediately. He assured to look into the needful.

(b) Convening of DPC from JAO to AO: The matter is in final stage and as such we requested him to issue letter calling the ACRs/VCRs immediately.

(c) Consideration of requests received from AOs: More than 50 requests from AOs have been received demanding cancellation / modification in the transfer order issued on 11.11.2011. The matter is under active consideration with PGM(FP).

05.01.2012: United Forum of BSNL Executive Associations writes to Sh. R.K. Upadhyay, CMD BSNL regarding abandon the move to recruit Sr. DGMs and Jt. GMs in direct contravention of existing BSNLMS RRs and process the legitimate demand of standard IDA pay scales of E2 and E3 for JTOs and SDEs <>

04.01.2012: IA No. 9 in Civil Appeal No. 3149 of 2009 & contempt petition in 270 case dismissed in Hon'ble Supreme Court on dated 2nd Jan'12 <<Click Here for judgment copy>>

04.01.2012: United Forum of BSNL Executives Associations (AIBSNLEA, SNEA(I) & AIGETOA) in its meeting held on 04.01.2012 decided to strongly oppose the arbitrary decision of BSNL Management for outside recruitment at Sr. DGM Grade by

(i) Filling up of all the DGM Posts from the BSNL Executives itself as thousands of Executives having the requisite qualification and experience are available within BSNL.

(ii) To extend standard pay scales of E2,E3, E4 - E7 as there is no justification for denying the same further as the pension contribution issue is being resolved, BSNL is recruiting unabsorbed ITS at a higher scale and extending even pay protection who are getting all the terminal benefits from Govt and recruiting more than double officers at higher level.
Notice will be issued shortly. All the CHQ Office bearers, Circle/ Branch Secretaries are requested to get ready for the struggle.

04.01.2012: BSNL Corporate Office issued Clarification regarding admissibility of full pension after 10 years of qualifying service in Govt. - <>

04.01.2012: <<Click Here for Details of dispatch of BSNL Executives Diaries-2012 [ List-1- Modified ] >>

03.01.2012: BSNL Corporate Office issued order regarding arrangements for holding Limited Departmental Competitive Examination for promotion to the grade of Sub-Divisional Engineer (Telecom) under 33% quota to be held on 4-3-2012(Sunday) - <>

03.01.2012: BSNL Corporate Office issued order regarding method of pay fixation of Executives recruited as per Special Lateral Direct Recruitment Rules, 2011 of BSNL Management Services- <>

03.01.2012: AIBSNLEA's consistent efforts yielded result in getting released the order regarding Revision of pay of Board level and below Board level Executives w.e.f. 1.1.2007 - reduction of emoluments of directly recruited JTOs of 2007 and 2008 batch and directly recruited JAOs in respect of whom result was declared in April-10 >

03.01.2012: BSNL Corporate Office issued order regarding Operation of E-6 scale on functional basis in BSNL and designating them as Sr.DGM >

03.01.2012: BSNL Corporate Office issued order regarding Inter Circle transfer of SDEs (Telecom) - <<Click Here for letter>>

02.01.2012: <<Click Here for Details of dispatch of BSNL Executives Diaries-2012 [ List-1 ] >>

02.01.2012: <<Message from CMD, BSNL on New Year -2012>>

02.01.2012: BSNL Corporate Office issued order regarding retirement on superannuation on 31.12.2011 in respect of (i) SDEs (Telecom)/PS (ii) AFS Executives (iii) Executives of DGM/AGM/DE equivalent grade (iv) HAG officers (v) SAG officers

02.01.2012:BSNL NEWS IN MEDIA

(i) How to Get BSNL Back on Track <>

(ii) BSNL may re-employ Indian Telecom Service officers under 58 years <>

CNBC YOUR WORLD @ 10 CARLOS GHOSN ON THE AUTO SECTOR OUTLOOK AND INVESTM...inf. by ashok hindocha M-09426201999

2012-01-28T22:29:00.000+05:30

BSNL Latest News by Ashok Hindocha-M -09426201999

2012-01-28T21:23:00.000+05:30

www.bsnlnewsbyashokhindocha.blogspot.com M-094051 45990
28.01.2012]Implementation of FR 22 (i) (a) (i) for officiating JTOs - CHQ writes to Corporate Office <>www.bsnleuchq.com

[28.01.2012]FR 22 (i) a (i) to officiating JTOs: GS and Dy.GS meet Director (HR)

The GS and Dy.GS once again requested the Director (HR) to take an early decision for conducting prequalifying test for the TTA LDCE. The Director (HR) assured to look into this issue also.

www.bsnlnewsbyashokhindocha.blogspot.com M-094262 01999

Latest BSNL News by Ashok Hindocha M-09426254999

2012-01-27T20:40:00.002+05:30

CBI lens on graft cases in MTNL, BSNL, DoT

Josy Joseph, TNN | Jan 26, 2012, 11.56PM IST

Article

Comments (8)

NEW DELHI: The Central Vigilance Commission has referred three major cases involving officials of MTNL, BSNL and Department of Telecom to the CBI for criminal investigations. The three cases together have cost MTNL and BSNL loss of several hundred crores, according to CVC's initial estimates.

CVC has referred to the CBI irregularities in issuance of International Long Distance (ILD) licence by Department of Telecom to a company promoted by a Hong Kong based entity. CVC has asked the CBI to also look at irregularities in sanction of credit limits by Canara Bank and Syndicate Bank to the same company. The CVC has estimated a total loss of Rs 543.03 crore to various departments because of the contract.

CVC's own inquiry into the ILD licence contract showed that it was awarded within 10 days of application and the MoU between the company and BSNL regarding interconnection was signed without finalizing commercial terms. The inquiry also found that the company violated agreement terms by undertaking commercial calls during the testing period and was continuously defaulting.

The CVC said due to "relaxation and negligence on the part of officials", BSNL suffered a loss of Rs 219.62 crore. Moreover, the CVC also found that the Department of Telecom and MTNL suffered loss of Rs 15.63 crore and Rs 8.60 crore.

The CVC found that the grant of facilities by banks showed that Syndicate Bank and Canara Bank "neither exercised due diligence nor followed prescribed procedures".

The CVC has also called in the CBI to investigate the purchase of 401,000 WLL CDMA integrated FWTs (Fixed Wireless Terminals) by BSNL. A CVC inquiry found that the high value purchase, of Rs 104 crore, was made from a firm "by extending undue favour violating guidelines of BSNL." Suspecting a criminal conspiracy, the CBI has been asked to investigate the case.

The third case handed over to CBI for criminal investigation by the CVC to investigate acts of "commission and omission" and "criminal conspiracy on the part of BSNL officials" in awarding the marketing and advertisement contracts of BSNL. The CVC's inquiry found credibility in the case forwarded by Department of Telecom on the issue.

The CVC has found irregularities in the appointment of a part-time non-official director for dealing with the contract, though BSNL already had six full time directors. The state telecom firm awarded the contract for advertisement jobs in electronic media to a non-empanelled agency and also irregularly carried out empanelment of outdoor media agencies, the CVC inquiry found.

The CVC found that there were "acts of commission and omission in support of the allegations of criminal conspiracy on the part of BSNL officials" in awarded marketing/advertisement contracts.

Jay Jalaram Jay Dada Jashraj - Mega Blood Donation Camp -by heath Committee Lohana Mahaparishad-inf. by Ashok Hindocha M-094262-01999

2012-01-25T19:49:00.000+05:30

Jay Lohana mahaparishad Jay Jalaram
on 22-01-2012 sunday Veer Dada Jasraj Sahid Din One Mega achivement
took place at Rajkot at Vir Dada Jasraj Nagar Race Course Ground
Rajkot- by our Lohana Mahaparishad health committee under the beener
of "Hirak Mahotsava".One that Day 5 lacks Raghuvanshis from all over
world reamin present & took Samuh Lohana Mahaprashad Samuh Gyati
Bhojan at above place. honrable our president Yogeshbahi Lakhani,
Honarable V/P Pareshbahi Bhupatni, Akhil Saurashtra Raghuvir sena all
the office Beareres & Health committee office Beareres, Lohana Yuvak
Pragati mandal office Beareres & om shiv shanny pariwar members were
remain present in above historical progrrame. as per our target 1060
bottal blood Doanation there was a great response from the donner.
Total 1112 Blood Donation was done by our Raghuvanshis, 452 given to
Field marshal Blood bank-Rajkot, 471 Bottal given to Saurashtra Blood
bank & 189 bottal given to civil Hospital blood bank Rajkot. moreover
in morning 51 additional bottals Donated by Aum Shiv shanny Pariwar
Rajkot and Nateshawar mahadev mandir temple Rajkot.The programe was
grand success. all the blood Donors given Certificates, momento etc &
Congartulations given to all the blood Donares. Honarble Yogeshbhai
Lakhani, Hon. Pareshbahi Bhuptani, and akhil saurashtra Raghuvir sena
Rajkot shri Divyeshbhai Rajdev, Yogeshbahi Pujara, rakeshbahi rajdev,
Mitalbhai Khetani & health committee chairman Dr. Nitinbahi Radia,
Honarary Secretary Praksashbahi Thakkar Honarary Treasurer Ashok
Hindocha, Dr. Sitanshubahi Pujara,Girishbahi Monanai, Dr. rameshbahi
Bhayani..given Congartulations to all the Raghuvanshis for giving
graet response. Yogeshbahi Jasani, sanjaybhai kakad, Prakashbahi
Suchak and other dignitary given full co-opreation & made this
progrrame grand success.It was great achivement & success with
blessing of honarble President of lohana mahaparishad shri Yogeshbhai
Lakhani & pareshbhai Bhuptani. Jay Jalaram Jay virdada jasraj. Jay
loahan mahaparishad. press cutting is attached h.w

Dr. Nitin Radia, Prakash Thakkar, ashok Hindocha, Dr, Sitanshu Pujara,
Giris Monani & all. We are special tahnkful to Aum Shiv Shanny Pariwar
Rajkot for making all the arrangements. Thanks
http://lohanamahaparishadnews.blogspot.com

Jay Jalaram

http://lohanamahaparishadnews.blogspot.com
inf. by Ashok hindocha M-09426201999
e mail hindochaashok@gmail.com

Latest BSNL News by Ashok Hindocha M-09426254999

2012-01-22T20:42:00.002+05:30

www.bsnlnewsbyashokhindocha.blogspot.com M-09426254999

UNITED FORUM OF BSNL EXECUTIVES'ASSOCIATIONS
Gentral Headquarters
New Delhi.
UFBSNL/CDMt 1t11-12 Dated:2 0thJ an.12
To
Sh. R.K. Upadhyay
CMD, BSNL
New Delhi
Sub:N oticef or indefinitew ork accordingto rulea nd non co-operation.
RespecteSdi r,
In continuatioton oure arlielre tterU FBSNL/CMDlO/11 -12d, ated0 5.01.201w2,e
are constrainetdo bringt o your kindn oticet hat UnitedF orumh as decidedto intensify
OrganizationAacl tionP rograms inceo ur repeatedre queststo BSNLM anagementot
abandona rbitrarrye cruitmenotf Sr DGMs/JGt Msi n utterd isregarodf BSNLM SRRsa nd
alsoi nitiatea ctiont o extends tandardp ay scalesE 2 and E3 to JTOsa nd SDEsh ave
goneu nheededI.n steadt,h e managemenist proceedinagh eadt o implemenatr bitrary
RRsb y recruitinSgr DGMs/JGt Ms.F ollowinOg rganizationAacl tionP rogrammewrsil lb e
thus observed:
1 3 DaysM assD harnao n 1Stn1, 6tn1, 7thF eb'2012a t all ssAsTcircle/BSNcl. o.
level.
2 "WorkA ccordingt o Rules"& "Non-C o-operatioMn ovement"w ill starta t
9.00H rso f 15.02.201i2n definiteltyi ll the settlemenot f demands.
We would,t herefore,r equesty ou to kindlyi ntervenein the mattera nd take
immediatset epst o resolveth e issuess o thatt he industriaul nresta nd disruptiocna n be
avoidedT. he managemensth allb e squarelyre sponsiblfeo r any disruptioonf services
becauseo f agitationaplr ogramss incea rbitrarayn d unilateradle cisionsin, disregarodf
settledd ecisionso, f the managemenhta veo nly compelledu s to take recourseto
organizationaaclt ions.
With kind regards,
SincerelyY ours,
(G.L.Jogi)
GS,S NEA( t )
98682717 99
r' .z- I
\ ' . \ c i \
,' .- .- v* -. r *_\
(PrahladR ai; -
GS,A IBSNLE A
9868278222
' .
(R.P.Shahu)
GS, AIGETOA
942405515 5
Copy to:
1. ShriR .C handrasekhSare,c y(TD) oT,G ovto. f IndiaN, ewD elhi-110001
2. ShriA .N.R ai,D irector(HRB)S, NLC O,N ewD elhi-110001
3. ShriN K, NarangP, GM(SR)B,S NLC O,N ewD elhi-110 001
www.bsnlnewsbyashokhindocha.blogspot.com M-09426254999

2012-01-22T18:37:00.002+05:30

www.bsnlnewsbyashokhindocha.blogspot.com M-09426201999

JAO/JTO Pay fixation latest information regarding 5 Additonal increments-Letter by AIBSNLEA-ND-inf. by Ashok Hindocha M-09426201999

2012-01-21T11:05:00.003+05:30

http://www.bsnlnewsbyashokhindocha.blogspot.com/ M-09426201999
No. AIBSNLEA/CHQ/DIR(HR)/2012 DATED 20.01.2012

To

Shri A.N. Rai

Director (HR)

BSNL, New Delhi

Sub: Request for fixation in Pre-revised Pay scale of Rs.Rs.9850-14600 at

Rs.21620/- under Fitment Method-Case of JTOs/JAOs(Deptl).

Ref: Letter Nos.1-16/2010-PAT dated 07/05/2010, 1-37/2010-PAT dated 18/05/2011

& 1-29/2010-PAT (BSNL) dated 3.01.2012

Respected Sir

Kindly refer to the letters cited above. In this regard I wish to bring following

for your benign consideration and early settlement. As for as BSNL is concerned we

are still following Central Government Rules, since we are not having a separate set

of Rules with regard to Pay Fixation, Establishment, Leave and Pension.

Consequent on the issuance of letters dated 23-06-2010 REF(3),18-05-2011

REF: (4),19-08-2011 Ref:((5)and 03-01-2012 REF: (6) the following anomalies crept in

among the promotive streams of JTOs/JAOs and it is requested to consider the

following to settle the anomalies within the ambit of rules/orders on the subject.

The promotive stream of JAOs for whom results have been declared on 19-03-

2010 but appointed in Batches on completion of I phase training from June 2010

onwards. Now as per letter dated 03-01-2012 Five advance increments on the minimum

of the revised pay scale of Rs. 16400-40500 (E-1 Scale) was granted for JAOs in

respect of whom result declared in April,2010 on the date of their joining the service.

(A) Hence the promotive stream of JAOs for whom results have been

declared on 19-03-2010 may be allowed any one of the options mentioned

below.

1) Allowed to revise and extend option to have their pay fixed on the date of

promotion in which case their pay will be fixed in Rs.21620/ as in the case of

JTOs/JAOs recruited before 01-01-2007 and got appointed after 01-01-

2007.(These officials entered in the department on or after the year 2000.)

OR

2) May be Allowed Five advance increments as in the case of JTOs/JAOs for

whom results have been declared in April,2010.

But allowing option is not only beneficial to the JTOs/JAOs but also as per

existing rules on the subject and DOT cannot raise any objection in this matter.

Since more than Rs. 1 lakh will be recovered from the official towards arrears

paid upto the date of promotion BSNL will have no fionancial burden on account

of option (2)

(B) The Internal candidates recruited against direct JTOs/JTOs Quota for whom

the results have been declared before 07-05-2010 but they have been denied

to exercise option to have their fixed on the date of promotion.

1) They may be allowed to exercise option to have their pay fixed on the date of

promotion as per letter dated 18-05-2011(REF: (4). (There is no specific

mention in the letter that this order is not applicable to Internal Candidates

recruited against departmental JTOs/JAOs quota. In spite of clear orders

their case is not settled so far.) Hence a clarificatory order for letter dated 18-

05-2011(Ref: (4) i.e. it is applicable to Internal candidates recruited against

direct JTOs/JAOs Quota would suffice. In such case they will draw Rs.

21620/= on the date of promotion and arrears if any paid(from 01-01-2007

upto the date of promotion since they continue to draw the same pay in the

pre-revised scale) will be recovered/adjusted.

OR

2) As per para (4) of Letter Dated 23-06-2010” The officials appointed as

departmental JTOs/JAOs are entitled for benefits of past service, if otherwise

admissible under rules, for fixation of pay in the post of departmental

JTOs/JAOs, treating the resignation as a technical formality. The pay fixed

under FR 27…………” . This would have been beneficial in the normal

circumstances. Here in this case option (1) is more beneficial.

The very purpose of the order dated 23-06-2010 is to protect the benefits of past

service, fixation of pay admissible under rules. Since these Departmental outsiders

are benefited only by exercising option(as stated in PARA 1 ) since they have

crossed the basic pay of minimum+ 5 increments(Rs. 18900 ).

(C) In respect of JTOs/JAOs who have already crossed the pay of Rs.18900 and

above they will not be benefited by grant of 5 advance increments. Those who

have crossed Rs.21620 /= will not be benefited either by option or by grant of

advance increments.

They may be granted Five advance increments on their actual basic pay as on

the date of promotion instead on the minimum of the revised pay scale of Rs.

16400-40500 which will put to rest all anomalies/discrimination among

Directly recruited JTOs/JAOs/Departmental JTOsJAOs.

We would therefore request you to kindly bring uniformity in the pay scale among

similar cadres in BSNL.

With kind regards,

Yours sincerely,

Encl: As above -sd-

(Prahlad Rai)

General Secretary

Copy to: The.GM(Estt), BSNL, CO, New Delhi

SHRI A. SURESHK UMAR, JAO

SMT S.DEIVANAI, JAO

DOA AS

TOA

01-04-2000

DOA AS

TOA

12-04-2000

DOA AS SR TOA 04-01-2002

DOA AS SR TOA 22/3/2004

JAO-DEPTL 40% QUOTA 07-12-2010

JAO-DEPTL 40% QUOTA 08-09-2010

FIXATION AS PER 2 P RC - 1/1/2007

FIXATION AS PER 2 PRC - 1/1/2007

PERIOD DESGN BASIC PAY

PERIOD DESGN BASIC PAY

01-01-2007 SR TOA 13920

01-01-2007 SR TOA 13220

04-01-2007 SR TOA 14340

03-01-2007 SR TOA 13620

04-01-2008 SR TOA 14780

03-01-2008 SR TOA 14030

04-01-2009 SR TOA 15230

03-01-2009 SR TOA 14460

04-01-2010 SR TOA 15690

03-01-2010 SR TOA 14900

07-12-2010 JAO 16400

08-09-2010 JAO 16400

FIXATION, IF FIVE ADVANCE INCREMENTS

ALLOWED VIDE BSNL HQ NO. 1-29/2010-

PAT(BSNL) DT 3/1/2012

FIXATION, IF FIVE ADVANCE INCREMENTS

ALLOWED VIDE BSNL HQ NO. 1-29/2010-

PAT(BSNL) DT 3/1/2012

07-12-2010

18900

08-09-2010

18900

(Minimum Rs. 16400+ 5 Adv. Increments)

(Minimum Rs. 16400+ 5 Adv. Increments)

HIKE IN B.PAY 3210

HIKE IN B.PAY 4000

FIXATION, IF EXERCISED OPTION W.E.F.

12/7/2010

FIXATION, IF EXERCISED OPTION W.E.F.

9/8/2010

PERIOD DESGN BASIC PAY

PERIOD DESGN BASIC PAY

01-01-2007 SR TOA PRE-REVISED-6340

01-01-2007 SR TOA PRE-REVISED-6020

04-01-2007 SR TOA PRE-REVISED-6500

04-01-2007 SR TOA PRE-REVISED-6180

04-01-2008 SR TOA PRE-REVISED-6660

04-01-2008 SR TOA PRE-REVISED-6340

04-01-2009 SR TOA PRE-REVISED-6820

04-01-2009 SR TOA PRE-REVISED-6500

04-01-2010 SR TOA PRE-REVISED-6980

04-01-2010 SR TOA PRE-REVISED-6660

12/7/2010

AS JAO

FITMENT

EQUAL

TO 9850-

REVISED --21620

9/8/2010

AS JAO

FITMENT

EQUAL TO

9850-

REVISED --21620

BUT, ARR EARS

ALREADY DRAWN TO

BE REMITTED 105040

BUT, ARREARS ALREADY

DRAWN TO BE REMITTED

100040
http://www.bsnlnewsbyashokhindocha.blogspot.com/ M-09426201999

BSNL Latest News by Ashok Hindocha

2012-01-20T22:58:00.000+05:30

IDA from 1.1.2012

Today, Department of Public Enterprises issued orders on payment of IDA on revised Pay Scales. The revised IDA rate is 56.7% from 1.1.2012. Click here for DPE orders.

Orders issued to provide Pre Paid GSM SIM with Rs.200 Talk Time to Telecom Mechanics

As already intimated by us, today orders have been issued by the Corporate Office. TMs /RMs on outdoor duties, select non executives on the basis of functional needs are eligible for this. Circles where WLL is working are permitted to launch pre paid WLL with an annual limit of Rs.2400/- For Copy of order click here or go to orders page

TACs Reconstituted

Followed with reconstitution of TACs for two years from 23.12.2011, Corporate Office has issued orders and CGMs asked to reconstitute TACs at Telecom District level.

FR 22(1)(a)(1)-- Case of Officiating JTOs

Delhi High Court by dismissing the case filed by BSNL ordered to implement FR22(1)(a) benefit to all Officiating JTOs. Principal Bench, CAT has already ordered for the benefit to these group of officials. As the management continued reluctance in extending the benefit, contempt case was filed. Today, Principal Bench ordered for personal appearance of CMD and GM (Est). Since the directive of Delhi High Court is already there, we hope the management will immediately extend the benefit to officiating JTOs.

Several PSUs may lose Mini-ratna status - Indian Express

2012-01-20T22:50:00.002+05:30

IDA from 1.1.2012

Today, Department of Public Enterprises issued orders on payment of IDA on revised Pay Scales. The revised IDA rate is 56.7% from 1.1.2012. Click here for DPE orders.

Orders issued to provide Pre Paid GSM SIM with Rs.200 Talk Time to Telecom Mechanics

TACs Reconstituted

Followed with reconstitution of TACs for two years from 23.12.2011, Corporate Office has issued orders and CGMs asked to reconstitute TACs at Telecom District level.

FR 22(1)(a)(1)-- Case of Officiating JTOs

Several PSUs may lose Mini-ratna status - Indian Express

BSNL Latest News by Ashok Hindocha

2012-01-20T22:28:00.000+05:30

BSNL to raise Rs 15,000 cr; hires SBI Capital

www.bsnlnewsbyashokhindocha.blogspot.com

(tate-run BSNL, which is mulling various options to raise funds to meet day-to-day requirements.)

NEW DELHI: State-run BSNL, which is mulling various options to raise funds to meet day-to-day requirements, has hired SBI Capital to arrange a long-term loan of up to Rs 15,000 crore.
BSNL is looking at various options to raise funds. The company has hired SBI Capital which will help the PSU to raise a long-term loan of amount ranging between Rs 12,000 crore to Rs 15,000 crore for a period of 5 to 7 years, sources with the direct knowledge of the development said.

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It may also go for a loan from Department of Telecom for Rs 5,000 crore on interest. The company is also planning to lease out its tower and network bandwidth for fund raising.
The company has already sent a proposal to DoT to surrender its BWA spectrum in few of the circles seeking a refund of over Rs 8,500 crore, sources added.
BSNL had paid over Rs 8,500 crore in 2010 for acquiring BWA spectrum and the PSU was not given a choice to pick and choose circles as it was made to match the highest bid received for each circle in the auction.
The company was allotted non-standardised band of BWA spectrum for 21 circles.
The PSU had registered a loss of over Rs 6,000 crore for 2010-11, mainly due to high staff cost and payments made for acquiring 3G and BWA spectrum.
The company is already looking to cut costs by outsourcing its Telecom tower management and by auctioning spare fiber optic bandwidth to earn additional revenue.
BSNL, has been struggling to keep pace with private sector rivals such as Bharti Airtel and Vodafone India, which have added subscribers at a much faster pace.
The company provides telecommunications services in 20 of India's 22 telecom service areas, and had about 96 million mobile phone subscribers and 23.31 million fixed line users on its network at the end of November.
The company is operating and maintaining its 60,000 telecom towers and networks.
Further, as part of its cost-cutting efforts, BSNL has also proposed slashing its staff strength by a third by offering voluntary retirement. The proposal is currently with the government.

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BSNL Latest ews by Ashok Hindocha M09426201999

2012-01-20T20:01:00.000+05:30

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Remembering the glorious general strike of 19th January, 1982.<>

[20.01.2012]Andhra Pradesh consolidates: 480 new members join BSNLEU.

480 new members have joined BSNLEU in Andhra Pradesh Circle. The break up figures is as follows: - Hyderabad-100, Vijayawada-75, Ananthapur-72, Tirupati-55, Adilabad-37, Rajahmundry-25, Ongle-30, Guntur-20, Nellore-15, Eluru-15, Nizamabad-11, Karimnagar-11, Srikakulam-8, Vijayanagaram-6. CHQ congratulates the AP Circle union as well as the District Unions and welcome the new members.

[20.01.2012]Haryana circle treasurer of NFTE join BSNLEU with 100 members

Com.L.S.Nirwal, Haryana Circle Treasurer of NFTE, as well as a veteran leader of that Union, has joined BSNLEU. Under his leadership, 100 members of NFTE, have joined BSNLEU at Faridabad. CHQ heartily welcome Com. L.S.Nirwal and the new members.

Similarly, 100 new members have joined BSNLEU at Lucknow. Out of this 50 members are from NFTE and 50 members are from other unions. Further, 22 new members have joined BSNLEU at Darbhanga, in Bihar circle. CHQ heartily welcomes these comrades also into BSNLEU.

[19.01.2012]Punjab marches ahead: 165 new members join BSNLEU.

As per the report received from Circle Secretary, Punjab, 165 new members have joined BSNLEU in the month of January, 2012. The break up figure is as follows: - Jalandhar-52, Ferozpur-30, Bathinda-31, Chandigarh-23, Ludhiana-8. Patiala–21. CHQ congratulates Punjab Circle union as well as the District unions and welcome all the new members to BSNLEU.

[19.01.2012]K.G. Bose Bhavan inauguration on 22nd March, 2012

The Central Secretariat meeting held today the 19.01.2012, has decided to conduct the inaugural function of K.G. Bose Bhavan on 22nd March, 2012. The meeting decided that Com. A.K. Padmanabhan, President, CITU will inaugurate the building.

[19.01.2012]Central Executive Committee meeting to be held at New Delhi on 22nd and 23rd March, 2012

The Central Executive Committee meeting of BSNL Employees Union will be held at New Delhi, on 22nd and 23rd March, 2012. All CEC members are requested to make note of this and book their journey tickets well in advance.

[19.01.2012]Gujarat creates history : 862 new members join BSNLEU

862 new members have joined BSNLEU in Gujarat Circle. The break figures are as follows:-

Ahmedabad–210, Nadiad–171, Baroda–170, Rajkot–110, Mehsana–70, Valsad–61, Junagad–28, CGM(O)–11, Himmat Nagar–8, Amreli–7, Baruch–7, Palanpur–5, Surendranagar–4. CHQ congratulates Gujarat Circle Union as well as the District Unions and heartily welcomes the new members.

[18.01.2012]Declaration (English) of the convention of the Public Sector Trade Unions held at Bangalore on 13.01.2012 <>

[18.01.2012]Declaration (Hindi) of the convention of the Public Sector Trade Unions held at Bangalore on 13.01.2012 <>

[18.01.2012]Corporate office issued order for 4.7% IDA increase w.e.f. 01.01.2012 <>

[17.01.2012]TRAI releases proposals for new license

The TRAI has released proposals for new telecom license, completely overhauling the present system. According to the new proposals, the license will be technology neutral, i.e., the holder of the license can provide any service, like land line, mobile, internet, long distance, DTH, etc. At present, separate licenses are required for providing each of these services. More over, license is separated from spectrum. This means, the licensee has to purchase spectrum through auctioning. Another important aspect is, the license can be taken for any level, i.e., National level, circle level and even for district level. The price for national level license is fixed as Rs.20 cr

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DPE Issued Order for IDA inf. by Ashok Hindocha M-09426201999

2012-01-18T15:22:00.001+05:30

DPE issued order regarding payment of IDA at revised rates- for Board level /below board posts including non-unionized supervisors in CPSEs - <>

DPE issued order increasing IDA rate on Revised (2007) Pay / Pension by 4.7% w.e.f. 01.01.2012 to 56.7% vide F.No.2(70)/2008-DPE (WC)-GL-I/2012 dated 16.01.2012.

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BSNL NEWS BY ASHOK HINDOCHA-RAJKOT (M-9426201999)

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Latest Supreme court Judgmement in 2 G imp. information by Ashok Hindocha M-094051 45990

Latest BSNL News by Ashok Hindocha M-09426254999

BSNL Latest News by Ashok Hindocha-M -09426201999

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Telecom companies set to go for bold tariff hikes; your mobile bills to bloat 30% this year

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