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Airtel, Vodafone Idea mulling review of SC's AGR order: Sources
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SME Times News Bureau | 13 Nov, 2019
Airtel and Vodafone Idea are discussing with their legal teams on filing
petitions for reviewing the Supreme Court's recent order on adjusted
gross revenue (AGR) after the Department of Telecom (DOT) told them to
approach the court in this regard.
Any review petition is
required to be filed by November 24 as there is a time limit of a month
to file for reviewing a court order.
A binding decision of the
Supreme Court or High Court can be reviewed through a review petition on
the ground of apparent error. Under the Supreme Court Rules, 1966, such
a petition needs to be filed within 30 days from the date of judgement
or order.
Both the telecom companies in question did not respond to queries on the issue sent by IANS.
According
to informed sources, however, both companies are discussing with their
legal teams on the grounds for reviewing the court order.
The
deadline for paying the AGR amount is Rs 83,000 crore is January 24,
including Rs 43,000 crore for Airtel and Rs 40,000 crore for Vodafone
Idea.
A government Secretaries' panel is looking at providing
relief to telcos through levy reductions in licence fee and the USO
Fund.
Vodafone Idea had earlier said that it would go for a
review petition, noting that it will study the ruling along with legal
advisers to determine next steps, including "a review application if
there are technical or procedural grounds for doing so".
According
to Telecom Ministry officials, other companies and licensees like
PGCIL, RailTel, Internet Service Providers, Prasar Bharti, satellite
communications providers and cable operators will all come under the AGR
definition backed by the Supreme Court and, as such, their dues too
need to be calculated. But the details are being studied for such
companies who are not telecom service providers.
This proposed
decision of the telcos to approach the apex court again may have come
after the DoT and the Secretaries panel are learnt to have conveyed to
the companies that the court order is best reviewed by a review petition
and the government is unlikely to intervene on behalf of the private
sector.
DoT is also mindful of the 2012 apex court verdict on the
spectrum allocation procedure on first-come-first-served basis which
was nullified by the Supreme Court which cancelled 122 2G licenees
awarded by the previous UPA government.
Declaring the
allocation of 2G spectrum by the Congress-led United Progressive
Alliance (UPA) government "illegal" and an example of the arbitrary
exercise of power, the Supreme Court had cancelled all 122 telecom
licenses.
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