Monday, April 2, 2012

Facts about SPECTRUM Scam.

One of the Reasons of Fall of Roman Empire was the Roman Parliament the PALAZZO.
It came out to be a House of Lies, Likes and Dislikes.  The Shameless sessions on unimportant
issues continued for days and national interest was suppressed with survival of silliest caricatures resulted
in the downfall of the mighty Roman Empire.
Are we heading towards that situation?


Know the Spectrum Scandal.
TRAI:       Telecom Regulatory Authority of India.
NTP  :      New Telecom Policy.
ITU   :      International Telecom Union.
CMTS:      Cellular Mobile Telephone service.
Spectrum: Electro Magnetic Radiations of different wave-length.
2Gservice:Voice and data services.(2Gspectrum)
3Gservice: Voice Data and Video services.(3Gspectrum)
                                                                                                            
There was no commercial value of Spectrum prior to 1994.
The demand for Spectrum was felt in 1994, when in accordance with
the National Telecom Policy, NPT-1994, the Telecom Service Sector
was opened up for the private sector.


The licensing of Cellular mobile services was done in two phases. In the first phase two Cellular Mobile Telephone Service (CMTS) licenses were awarded in November 1994 to Aircel, Bharti Airtel, Loop Mobile and Vodafone in the four metro cities of Delhi, Mumbai, Kolkata and Chennai and that the price of Spectrum was to be
fixed in such a manner so as to ensure its optimum utilization by
awarding it to the user who would score the highest against a group
of the extant criteria such as rural coverage or the fulfillment of roll
out obligations. 


Although, license fee for the above two licenses was
predetermined, Spectrum charges and royalty for use of Spectrum
were payable separately.

In the second phase, two CMTS licenses
were awarded in December, 1995 to Bharti, Idea, Reliance and
Vodafone in 18 Telecom Circles/Service areas based on a competitive
bidding process.

The industry pleaded that they could not attain large
growth of business and they were not able to achieve the expected
returns on their huge investments, the Commitment for high license
fee could not be honored.

The Government revisited the extant
Telecom Policy and thus the New Telecom Policy, 1999 was
formulated which stipulated the availability of affordable and
effective communications for the citizens and open up the telecom
sector to a greater competitive environment in both urban and rural
areas providing equal opportunities and level playing field for all the
players.

One of the most important features of the NTP – 1999 was
that the Government would invariably seek the recommendations of
the Telecom Regulatory Authority of India, TRAI on the number and
timing of new licenses before taking any decision on the issue of new
licenses in future. 


Thus, the Government made it clear that the entry
of more operators in a Circle/Service area was required to be based on
the TRAI's recommendations. The concept of revenue sharing regime
was brought in with a view to providing relief to the Access Service
Providers i.e. Cellular Mobile Service Providers, Fixed Service
Providers and Cable Service Providers.

The revenue sharing regime
contemplated payment of one time entry fee and license fee based on
revenue share. In accordance with it, the Government allowed the
existing licensees to migrate from the fixed license fee regime under
NTP – 94 to a revenue sharing regime under NTP – 99.

All the existing BSOs and CMSPs migrated to the revenue sharing regimes, w.e.f. 1 August, 1999 according to which a share of 15 per cent of the Adjusted Gross Revenue, AGR was chargeable as license fee from 
CMSPs and the BSOs. Subsequently, the share was modified to the
slabs of 12 per cent, 10 per cent and 8 per cent of the AGR depending
on the size of the Circle/Service Area which was further revised to 10
per cent, 8 per cent and 6 per cent. 


This revenue share was payable
quarterly. Apart from the license fee, the Operators were also
required to pay onetime non-refundable entry fee before signing the
new license agreement. Thus, in accordance with the provisions of
NTP-99 three types of fees were prescribed viz., (i) fixed percentage of
AGR as annual license fee, (ii) A fixed percentage of AGR of CMSPs as
annual Spectrum charge and (iii) One time entry fee before signing the
license agreement. In 1999-2000, MTNL and BSNL were awarded
CMTS licenses as the third mobile operator. In September-October
2001, 17 new CMTS licenses were issued on a competitive bidding
process. 


The allotment of Spectrum was assured under the license
and no separate upfront fee was charged for Spectrum. In 2003 the
Unified Access Service, UAS Licensing regime was introduced which
envisaged the provision of wire line, fixed and limited mobile wireless,
full mobile wireless and cellular mobile telephone services under one
license on payment of the prescribed entry fee. 


As per the condition
of the UAS license, initial Spectrum of 4.4 MHz + 4.4 MHz was to be
allotted for GSM based systems and a maximum of 2.5 MHz + 2.5 MHz
Spectrum to be allotted for CDMA based systems, on case by case
basis and subject to availability. Incremental Spectrum beyond the
initial allotment was linked to be subscriber base achieved by an
operator. 


Since 2004, the Department have been issuing new Unified
Access Service Licenses and allotting 2G Spectrum on continuous and
First-Come-First served basis. Between 2004 and 2007 51 new UAS
licenses were issued after the introduction of the UAS licensing
regime on 11th November, 2003. 


Based on a reference made to the
TRAI in April 2007 and TRAIs consequent recommendations of 'no
cap' on the number of players in a service area and introduction of
dual technology licenses, the DOT issued 35 dual technology licenses
and 122 UAS Licenses in 2007-08. 


The procedure followed by DOT for
issue of these 157 licenses smacked of serious irregularities leading
to staggering loss to the exchequer. The Committee's detailed
examination of this subject based on oral depositions by several
witnesses and scores of written documents obtained from various
sources has revealed gross violation of the established norms, rules
and procedures, dereliction of duties on the part of
Ministries/Departments concerned, scant regard, bordering on
contempt, for considered suggestions/opinions of the
people/organization that mattered etc. which are highlighted in the
succeeding paragraphs. 


The Committee have also taken stock of the
progress in the rural telephony, broadband connection, harmful effects
of the EMF radiation etc.

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