The move will result in a direct confrontation with its GSM counterpart the Cellular Operators Association of India, which had earlier refuted its members were provided free spectrum.
"It is no secret that the spectrum allocation to GSM operators has been way beyond the amounts contracted by their licences. However, COAI by quoting different provisions of the license relating to spectrum charges and subscriber base criteria is trying to establish that the licence entitles them to get spectrum beyond the contracted amount.
This too, without paying any additional upfront charges," AUSPI secretary general SC Khanna said in the letter.
When contacted Khanna confirmed the development. The letter addressed to minister of communications and information technology, also alleged that the GSM operators association had not quoted any licence agreement that provides it right to frequencies beyond 6.2 + 6.2 MHz.
There have been different provisions in the licence, but still all the licences refer to spectrum allocation of a maximum of 4.4 + 4.4 MHz, while the fourth cellular licence refers to maximum of 6.2 + 6.2 MHz.
Accusing COAI of presenting "a one-sided, distorted and inaccurate position", AUSPI has stated that under the Universal Access Service Licence, the spectrum is capped at 5 + 5 MHz for CDMA and 6.6 + 6.2 MHz for GSM operators.
COAI had also claimed that the government had contractually agreed to provide it upto 15 + 15 MHz spectrum, which is a "complete distortion of truth". Earlier this month, COAI in a letter to the minister had refuted allegations that its member firms were given free spectrum that resulted in a loss of Rs 1,800 crore (Rs 18 billion) to the exchequer.
