DoT will not give licences after Oct. 1

 

The telecom ministry on Monday decided not to accept any new telecom licence applications

after October 1, amidst a sudden rush by companies to seek telecom licences in the country. “It

has been decided that new applications for Unified (telecom) Access Services (UAS) licences

will not be accepted by the department of telecommunications (DoT) after October 1 till further

orders,” a statement from telecommunication ministry said. Over the last couple of weeks, the

DoT has received over 160 applications for Unified Access Services Licences and in view of

limited availability of spectrum it may not be possible for DoT to entertain most of them.

Also Cellular Operators Association of India (COAI), a lobby of GSM players, has already

written to DoT asking it to scrutinise applicants who, it alleged, could be front companies of big

corporates. The promoters behind some of the new applications with names such as Cheetah,

Bycell, Swan, S Tel, Datacom Solutions as well as Alliance Infratech are not known. Earlier in

the day, Union telecom minister A. Raja said: “I have asked the DoT secretary to form a

committee to frame guidelines for grant of license to the new applicants. The panel will work

out fresh guidelines for the new applicants to get the licences. All the applications will be

scrutinised and limited applications will be selected.”

According to sources the committee would also look into the actual shareholding of the new

applicants to examine if existing companies were seeking licences as proxy to bypass laws. On

availability of spectrum in view of the new applicants, Mr Raja said: “I would be fair to all the

three categories — existing players who need radio waves for expansion, new players who

have a licence but have yet to start service in the absence of spectrum and the new applicants

who are yet to get licence.”

On the issue of TRAI’s recommendations that the number of players in a circle need not be

limited, Mr Raja said: “We are still evaluating TRAI recommendations on licensing review. We

will take the appropriate decision keeping in mind the number of new applicants as well as the

availability of spectrum.” The rapid growth in the telecom sector has led to shortage of

spectrum in large cities.

 

Source:-www.telecomtrakindia.com  dated 25-09-2007

 

I-T dept gets HC notice on Vodafone Essar tax plea

The Bombay High Court has issued a notice to the income tax department, following a writ

petition by Vodafone Essar challenging the tax department’s move to levy capital gains tax

following the Vodafone-Hutch deal. This gives tax authorities an opportunity to present its case

before the court when it hears the petition on September 27.

The I-T department will attempt to prevent grant of injunction by the court as a stay would make

it difficult for it proceed further on the issue. The department is yet to carry out an assessment

of the transaction and books of accounts, which takes place only after reply in response to

show cause is examined.

Vodafone Essar had approached the Bombay High Court, challenging the right of the I-T

department to levy capital gains tax on it. The company had filed the writ after the I-T

department issued it a show cause notice asking it to explain as to why it (Vodafone Essar

which was formerly Hutchison Essar) should not be treated as an agent of Hutchison

International. Hutchison International had sold a majority stake in Hutchison Essar to Vodafone

for $11.2 billion.

The court’s decision on September 27 assumes importance as it would set the course for

further action by the department which is betting big on the case. This is probably the first time

that tax authorities are attempting to tax a transaction between two foreign companies involving

transfer of an Indian asset. If the tax liability is established, it could amount to around $1.7

billion.

Hutchison, the seller, would ordinarily have this liability. However, since the tax authorities do

not have access to Hutchison in Hong Kong, they have issued a notice to Vodafone Essar. Tax

authorities want to treat Vodafone Essar as an agent of the non-resident (Hutchison

International) under Section 163 of the Income Tax Act, 1961, which is being contested by the

company. The company, in its reply, has pointed out that since the transaction between

Hutchison International and Vodafone was structured through Mauritius, it would not attract tax

in India. India has a double taxation avoidance treaty with Mauritius.

Tax authorities are claiming capital gains under Section 9(1)(i) of the Income-Tax Act as they

are of the view that the transaction involved the transfer of an Indian asset for which the

approval of the Foreign Investment Promotion Board (FIPB) was sought.

 

The Economic Times

 

Fresh DoT guidelines for screening licence applications

 

The Department of Telecommunications (DoT) has decided to set up a committee to lay down

guidelines for scrutiny of companies seeking unified assess service licence (UASL). The

guidelines are expected to be ready in the next ten days.

Speaking on the sidelines of a Press conference organised by Mahanagar Telephone Nigam

Ltd for the launch of low-cost personal computers, Communications Minister A Raja said, “I

have asked the DoT to form a panel to frame guidelines for granting licences to new

applicants. The guidelines will come out within ten days,” The DoT has fixed October 1 as the

deadline for applying for UASL licence.

Raja said new norms were needed considering the large number of applicants. About 140

applications are pending for UASL, which enables companies to provide services across the

country.

Apart from construction companies like Delhi developers Unitech Ltd and Parsvnath

Developers, both of which have applied for UASL licence, Ruia-controlled BPL Ltd, Mahendra

Nahata-owned HFCL, Reliance Anil Dhirubhai Ambani group-backed Swan, Cheetah Telecom

and S-Tel are among the companies that have applied for UASL licence.

Also, a bevy of telecom companies that have already got the licence are waiting for fresh

spectrum to expand. These include Aircel, Spice Telecom and Idea Cellular.

According to a PTI report, Raja said, “All applications will be scrutinised and limited

applications selected.” DoT sources said the panel would also look into the shareholding of the

applicants to see if the existing companies were seeking licences through them.

With around 25 MHz spectrum expected to be available for 2G operators, there is a race

among the companies to get UASL, which guarantees a fixed amount of spectrum. Many

analysts say there is a need to separate serious players from fly-by-night operators, who have

entered the fray to make quick money by trading in spectrum.

There is also a debate among existing operators whether 2G spectrum should be auctioned or

given on the basis of the number of subscribers.

 

Business Standard

 

Telecom norms to change

 

The government is planning fresh guidelines for the award of telecom licences, according to

communications minister A. Raja.

“I have asked the DoT (department of telecommunications) secretary to form a committee to

frame guidelines for grant of licence to new applicants,” said Raja.

The sector has witnessed a rush for licences, following a recent suggestion by the Telecom

Regulatory Authority of India to lift the cap on the number of operators in a circle.

Raja said that a mere background check of promoters applying for a licence was inadequate.

The DoT also said that applications for unified access services licences would not be accepted

after October 1, till the new guidelines are in place.

A company with a minimum paid-up capital of about Rs 140 crore and a net worth of over Rs

1,380 crore is eligible for a licence.

Officials said the move was not aimed at disqualifying any player. The purpose was to help the

DoT in obtaining information such as the details of promoters, proposed foreign direct

investment, funding patterns and the net worth of applicants.

Raja also said that the award of a licence could be linked to availability of spectrum. Present

rules offer spectrum free of cost with a licence.

 

Tata Indicom customer base in Kolkata circle tops a million

 

Tata Indicom, which has surpassed a customer base of one million in the Kolkata Telecom

Circle, hopes to end the current fiscal with a customer base of 14 lakh in the circle. Between

now and March, the company has outlined an investment of Rs 97 crore in Kolkata, according

to Mr Abhijit Pal, COO, Kolkata Circle, Tata Teleservices Ltd.

Addressing newspersons at a function held here today to mark the one million customermilestone

in the Kolkata Telecom Circle, Mr Pal said that with the investment that had been

planned for the current fiscal, Tata Teleservices’ cumulative investment in the circle would go

up to Rs 593 crore by March 2008. Tata Teleservices had launched its CDMA technologybased

telecom services in Kolkata in January 2005.

The company’s brand ambassador and former Indian cricket captain, Sourav Ganguly, was

present at the function to felicitate company officials on their achievement.

According to Mr Pal, the number of Tata Indicom branded stores in the telecom circle would go

up to 203 even as the number of retail outlets would touch the 10,000-mark by March 2008.

Mr Pal said the company’s cumulative investment in West Bengal would go up from Rs 788

crore now to Rs 929 crore by end-March 2008.

Likewise, the cumulative investment in the eastern region would go up from Rs 1,396 crore at

present to Rs 1,702 crore by March 31,2008. By the end of the current fiscal, Tata Indicom’s

customer base was targeted to go up to 24 lakh in West Bengal and to 41 lakh in the eastern

region, he said.

 

Business Line