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Bullying tactics in the telecom sector November 20, 2007 So, when the country's telecom firms meet government officials on November 21, you can be pretty sure this will be the beginning of a compromise that will let Reliance Communications [Get Quote] get its GSM spectrum and allow existing GSM players like Bharti and Vodafone-Essar to get more free spectrum - the only loser here will be the exchequer, which stands to lose a few tens of thousand crore as entry fee from new players (Anil Ambani's letter to the PM rightly puts the loss of giving around just 3MHz extra each to existing GSM players at Rs 20,000 crore). But then, that's only public money, how does it really matter? The credit for all this, of course, must go to Telecom Minister A Raja, ably aided by Telecom Regulatory Authority of India (Trai) chairman Nripendra Misra. So, when Trai was asked whether CDMA/GSM mobile phone firms should be given GSM/CDMA spectrum, Misra said yes but left the entry fee open - "such a licensee must pay the same amount of fee which has been paid by existing licensees using the alternative technology or which would be paid by a new licensee going to use that technology". Yet, notwithstanding all this, the government's case was weak and could have been overturned at the TDSAT on a variety of grounds - so Mr Raja used other arrows in his quiver. If it wasn't bad enough that Trai/TEC hiked the subscriber criterion (without consultation) for more spectrum to levels that ensured existing GSM firms wouldn't get more spectrum for a long time, Mr Raja agreed to usher in number portability - this allows existing users to move to other mobile phone firms while retaining their existing phone number. All this was designed to ensure the GSM-mobile players came to the negotiating table since no one can really win against the government - when these operators did win at the TDSAT in 2003, the government refused to implement the TDSAT's order and managed to split the GSM operators through a combination of inducements and threats, which is one of the reasons why few in the industry trust each other even today. So, most felt that if the existing cellular operators were given more free spectrum (by watering down the TEC report), they would be quick to withdraw their case from the TDSAT. There was, however, another problem that still needed to be dealt with. Okay, so let's say Bharti/Vodafone-Essar withdrew their case, but what if other firms become party to the case at the TDSAT. After all, there are around 40 new entrants who want spectrum, over whom Reliance Communications jumped. This had two effects. One, it ensured genuine telecom players retained some hope and so kept their lawyers on a tight leash. Second, it made the GSM players all the more keen to negotiate since they want to retain the 3G mobile licences all for themselves. Raja was canny enough not to put any of the 3G commitments in writing, leaving enough scope for negotiation. With so much in the melting pot, it's easy to see why it's in everyone's interests to kiss and make up after November 21. More Guest Columns | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||