The Indian government seems to have had its way with the 3G spectrum-winning telecom operators, who have agreed to pay higher charges for using the radio waves as part of the amended licence rules.
As a result, the operators, including Bharti Airtel, Vodafone and Idea, will have to shell out 3-8 per cent of their Adjusted Gross Revenue as against the 2-6 per cent stipulated earlier.
It may be recalled that a similar decision on 2G telephony has been stayed by Telecom Disputes Settlement And Appellate Tribunal, after operators challenged the move.
The Department of Telecom (DoT) has said that the operators had bid in the auction for 3G spectrum knowing the terms and conditions like usage charge and that their refusal to accept the condition would make the entire auction process
infructuous.
The DoT had, with effect from April this year, revised the spectrum usage charge ranging from 3-8 per cent from 2-6 per cent of Adjusted Gross Revenue, depending on quantum of spectrum.
This was challenged by Bharti, Vodafone and Idea in TDSAT, which had stayed the implementation in its interim order.
DoT officials said the operators knew this condition before bidding for 3G spectrum in April-May.
The move is likely to hit Bharti Airtel, Vodafone, RCom, Tatas, Idea Cellular, Aircel and S Tel who had collectively paid a whopping Rs 51,000 crore to the government for 3G spectrum.
However, the operators such as Uninor, SSTL and others who have not bagged 3G spectrum can continue to pay spectrum usage charges at old rates.
On February 25, 2010, DoT had increased spectrum usage charge in all circles under which operators were asked to pay higher spectrum usage charges.