独家
最高法院对政府的宣誓书“没有任何表达”就休庭了OTSC的案件
周二，最高法院表示，政府需要“满足”法院，法院将不得不“考虑更大的公共利益”。
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爱立信将通过Jabil在印度增加生产，为5G部署提供服务，为2000人创造就业机会
爱立信印度公司的一份声明称，爱立信印度公司还将在浦那建立一个技术中心，加上产能的扩大，将为印度浦那创造多达2000人的就业机会。
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“代表印度上诉联盟于2021年10月4日提交了一份宣誓书，要求再延期三周。在誓章中，法庭陈述所涉及的金额，即裁决的标的，将会对有关人士施加经济责任电讯服务供应商总共4亿卢比(约)，”由沙阿法官领导的法官席的命令，包括法官AS Bopanna说。
“在宣誓书中又指出，鉴于其后的发展，中央政府正检讨及/或重新考虑进行目前上诉程序的决定。我们没有就这一拟议的行动/决定发表任何意见，这可能会产生更大的影响，我们只是将此事推迟到2021年11月17日，”它补充道。
周二，最高法院表示，政府需要“满足”法院，法院将不得不“考虑更大的公共利益”。
专家表示，周二的举动是一个明确的信号，表明政府打算减少电信行业的诉讼，作为改善运营商健康状况的持续努力的一部分，而就在两周前，政府刚刚宣布了一项全面的救助计划。
“中央政府希望审查和/或重新考虑其进行目前上诉程序的决定，”点在提交给最高法院的宣誓书中说。“我们认为，考虑到所涉及问题的性质，这项决定必须在各个层面的审查后作出，这可能会消耗一些合理的时间。”
印度交通部表示，在电信公司亏损的行业，此事涉及约4000亿卢比的征税，有待裁决。它补充说，银行已经写信给政府，以缓解该行业的财务压力，否则他们将因其对该行业的敞口而面临严重损失。
政府表示，考虑到最近向该行业提供的救济方案，决定重新审查其在OTSC案件中的上诉。内阁“做出了各种决定，以促进公共利益，保护政府收入，特别是鼓励电信服务提供商(TSP)之间的竞争，防止一些TSP的生存能力变得不可持续，导致垄断局面和对经济的其他不利影响，”它说。
2012年，最高法院取消了122个与2G骗局有关的电信许可证，宣布无线电波是最好通过拍卖出售的公共产品，OTSC的争斗由此开始。在2010年之前，频谱与电信许可证一起分配，费用为16.58亿卢比。然后，电信公司在达到一定的用户群后，就会获得额外的频谱。
在2012年的命令之后，内阁决定征收与市场价格挂钩的OTSC。它规定，在2008年7月至2012年12月期间，每圈持有超过6.2兆赫的电信公司必须为持有的多余频谱支付一次性的市场价格。同样，在2013年1月至牌照到期期间，电信公司被要求为每圈超过4.4 MHz的电波支付市场价格。
2019年7月，电信争议解决及上诉法庭（TDSAT)支持营办商的上诉，裁定可在未来而非追溯的情况下征收OTSC，并须有机制让出电波。交通部也想对这些指控进行追溯，并向最高法院提出上诉，最高法院没有维持TDSAT的裁决。
到目前为止，运输部已经锁定了附近的旅馆OTSC会费为841.4亿卢比。该电信公司表示，在FY20向OTSC记录了1807.5亿卢比的费用，余额6606.5亿卢比被确认为或有负债。沃达丰的想法截至今年3月底，OTSC应计利润为438.98亿卢比，已在其财务报表中提供
在此之前，印度内阁最近决定暂停向电信公司支付频谱和调整后的总收入(AGR)，取消下一次拍卖的频谱使用费，减少银行担保和其他条款，以缓解电信行业的“财务压力”。
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<\/figure>NEW DELHI: A two-judge Supreme Court<\/a> bench has said that it has adjourned the hearing into one-time spectrum charge (OTSC<\/a>) matter to November 17 \u201cwithout expressing anything\u201d on the government\u2019s move to reconsider its appeal against a telecom tribunal ruling backing telcos\u2019 argument that the fee should be levied only prospectively.\u201cAn affidavit has been filed on behalf of the appellant-Union of India dated 04.10.2021 asking for adjournment for a further period of three weeks. In the affidavit, it is stated that the amount involved, which is the subject-matter of adjudication, would be imposition of financial liability on various Telecom Service Providers<\/a> to the tune of Rs.40,000 crores (approx.),\u201d the order of the bench headed by Justice MR Shah and including Justice AS Bopanna said.
\u201cIt is further stated in the affidavit that in view of the subsequent developments, the Central Government is reviewing and\/or re-considering the decision to proceed with the present proceedings of appeal. Without expressing anything on such proposed action\/decision, which might have a larger implication, we simply adjourn the matter to 17.11.2021,\u201d it added.
<\/div><\/div>The order was given in open court on Tuesday, but was uploaded on the SC website later.
On Tuesday, the bench had said that the government would need to \u201csatisfy\u201d the court, which will have to \u201cconsider the larger public interest.\u201d
Tuesday\u2019s move was a clear signal that the government intends to reduce litigation in the telecom sector as part of continuing efforts to improve the health of operators, said experts, and comes just over two weeks after it announced a comprehensive relief package.
\u201cThe central government is desirous of reviewing and\/or re-considering its decision to proceed with the present proceedings of appeal,\u201d DoT<\/a> had said in its affidavit to the Supreme Court. \u201cIt is submitted that considering the nature of the issues involved, this decision will have to be taken after the scrutiny at various levels, which may consume some reasonable time.\u201d
The DoT said the matter involves a levy of around Rs 40,000 crore, subject to adjudication, in a sector where telcos are making losses. It added that banks have written to the government to ease the financial stress on the industry, else they would face severe losses due to their exposure to the sector.
The government said the decision to review its appeal in the OTSC case was taken keeping in mind the recent relief package offered to the industry. The cabinet \u201ctook various decisions to promote public interest, protecting government revenue and more particularly, encouraging competition amongst telecom service providers (TSP) by preventing a situation where viability of some of the TSPs becomes unsustainable, resulting in a monopolistic situation and other adverse impact on the economy,\u201d it said.
On Tuesday, the bench had said that the government would need to \u201csatisfy\u201d the court, which will have to \u201cconsider the larger public interest.\u201d
Tuesday\u2019s move was a clear signal that the government intends to reduce litigation in the telecom sector as part of continuing efforts to improve the health of operators, said experts, and comes just over two weeks after it announced a comprehensive relief package.
\u201cThe central government is desirous of reviewing and\/or re-considering its decision to proceed with the present proceedings of appeal,\u201d DoT<\/a> had said in its affidavit to the Supreme Court. \u201cIt is submitted that considering the nature of the issues involved, this decision will have to be taken after the scrutiny at various levels, which may consume some reasonable time.\u201d
The DoT said the matter involves a levy of around Rs 40,000 crore, subject to adjudication, in a sector where telcos are making losses. It added that banks have written to the government to ease the financial stress on the industry, else they would face severe losses due to their exposure to the sector.
The government said the decision to review its appeal in the OTSC case was taken keeping in mind the recent relief package offered to the industry. The cabinet \u201ctook various decisions to promote public interest, protecting government revenue and more particularly, encouraging competition amongst telecom service providers (TSP) by preventing a situation where viability of some of the TSPs becomes unsustainable, resulting in a monopolistic situation and other adverse impact on the economy,\u201d it said.
<\/div><\/div>Given the circumstances, the government sought three weeks for the Centre to take an \u201c\u00efnformed decision\u201d whether to proceed with the current appeal or not.
The OTSC tussle began after the Supreme Court cancelled 122 telecom permits in 2012 in connection with the 2G scam, declaring airwaves as public goods best sold through an auction. Before 2010, spectrum was allocated along with telecom licences for a payment of Rs 1,658 crore. Telcos were then given additional tranches of spectrum after they reached a certain subscriber base in a circle.
The cabinet, after the 2012 order, decided to levy an OTSC linked to market prices. It directed that a telco holding more than 6.2 MHz per circle between July 2008 and December 2012, must pay a one-time market-linked price for the excess spectrum held. Likewise, the telcos were required to pay the market price for airwaves exceeding 4.4 MHz per circle between January 2013 till the expiry of their licences.
In July 2019, the Telecom Disputes Settlement and Appellate Tribunal<\/a> (TDSAT<\/a>) backed the operators\u2019 appeal in ruling that the OTSC could be levied prospectively, not retrospectively, and there needed to be a mechanism to surrender airwaves. The DoT, which wanted to levy the charges retrospectively as well, appealed against the order in the top court, which did not stay the TDSAT ruling.
Read also<\/h3>
The OTSC tussle began after the Supreme Court cancelled 122 telecom permits in 2012 in connection with the 2G scam, declaring airwaves as public goods best sold through an auction. Before 2010, spectrum was allocated along with telecom licences for a payment of Rs 1,658 crore. Telcos were then given additional tranches of spectrum after they reached a certain subscriber base in a circle.
The cabinet, after the 2012 order, decided to levy an OTSC linked to market prices. It directed that a telco holding more than 6.2 MHz per circle between July 2008 and December 2012, must pay a one-time market-linked price for the excess spectrum held. Likewise, the telcos were required to pay the market price for airwaves exceeding 4.4 MHz per circle between January 2013 till the expiry of their licences.
In July 2019, the Telecom Disputes Settlement and Appellate Tribunal<\/a> (TDSAT<\/a>) backed the operators\u2019 appeal in ruling that the OTSC could be levied prospectively, not retrospectively, and there needed to be a mechanism to surrender airwaves. The DoT, which wanted to levy the charges retrospectively as well, appealed against the order in the top court, which did not stay the TDSAT ruling.
Read also<\/h3><\/a><\/div>DoT to SC: Want to reconsider appeal against TDSAT ruling<\/h4><\/a><\/div><\/a><\/div>Airtel, Vodafone Idea could save thousands of crores with Centre's rethink on spectrum charge<\/h4><\/a><\/div><\/div>
DoT has so far pegged Airtel<\/a>\u2019s OTSC dues at Rs 8,414 crore. The telco has said it recorded a charge of Rs 1,807.5 crore toward OTSC in FY20, with the balance Rs 6,606.5 crore being recognised as contingent liabilities. Vodafone Idea<\/a> has said OTSC accruals till the end of March this year were Rs 4,389.8 crore, which have been provided for it in its financials
The move follows the recent cabinet decision to provide a moratorium for spectrum and adjusted gross revenue (AGR) dues for telcos, scrap spectrum usage charges from the next auctions, reduce bank guarantees and other provisions to ease the \u201cfinancial stress\u201d of the telecom sector.
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赞助的故事
<\/a><\/div>DoT to SC: Want to reconsider appeal against TDSAT ruling<\/h4><\/a><\/div><\/a><\/div>Airtel, Vodafone Idea could save thousands of crores with Centre's rethink on spectrum charge<\/h4><\/a><\/div><\/div>
DoT has so far pegged Airtel<\/a>\u2019s OTSC dues at Rs 8,414 crore. The telco has said it recorded a charge of Rs 1,807.5 crore toward OTSC in FY20, with the balance Rs 6,606.5 crore being recognised as contingent liabilities. Vodafone Idea<\/a> has said OTSC accruals till the end of March this year were Rs 4,389.8 crore, which have been provided for it in its financials
The move follows the recent cabinet decision to provide a moratorium for spectrum and adjusted gross revenue (AGR) dues for telcos, scrap spectrum usage charges from the next auctions, reduce bank guarantees and other provisions to ease the \u201cfinancial stress\u201d of the telecom sector.
<\/div><\/div>
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TDSAT will hear the case on Tuesday.","seolocation":"telecomnews\/vodafone-idea-airtel-move-tdsat-against-dot-penalty-demand","seolocationalt":"Vodafone Idea, Airtel move TDSAT against DoT penalty demand","url_seo":"vodafone-idea-airtel-move-tdsat-against-dot-penalty-demand"},"86926827":{"msid":"86926827","stname":"Vodafone Idea, Airtel have Rs 42,000 crore locked in cases against govt","artsyn":"The government is evaluating developing a mechanism similar to 'Vivaad se Vishwas' (VSV) to reduce litigation as part of its relief and reforms measures for the cash-strapped telecom sector, as reported by ET in its October 5 edition.","seolocation":"telecomnews\/vodafone-idea-airtel-have-rs-42000-crore-locked-in-cases-against-govt","seolocationalt":"Vodafone Idea, Airtel have Rs 42,000 crore locked in cases against govt","url_seo":"vodafone-idea-airtel-have-rs-42000-crore-locked-in-cases-against-govt"},"86836476":{"msid":"86836476","stname":"SC adjourns OTSC case 'without expressing anything' on government\u2019s affidavit","artsyn":"On Tuesday, the bench had said that the government would need to \u201csatisfy\u201d the court, which will have to \u201cconsider the larger public interest.\u201d","seolocation":"telecomnews\/sc-adjourned-otsc-case-without-expressing-anything-on-governments-affidavit","seolocationalt":"SC adjourns OTSC case 'without expressing anything' on government\u2019s affidavit","url_seo":"sc-adjourned-otsc-case-without-expressing-anything-on-governments-affidavit"},"86810965":{"msid":"86810965","stname":"Potential govt withdrawal of OTSC case will reduce litigation in telecom sector: Credit Suisse","artsyn":"On Tuesday, the the Supreme Court had adjourned hearing the OTSC case till November 17, after the Department of Telecommunications (DoT) sought another three weeks to reconsider continuing with its appeal against an earlier telecom tribunal decision.","seolocation":"telecomnews\/potential-govt-withdrawal-of-otsc-case-will-reduce-litigation-in-telecom-sector-credit-suisse","seolocationalt":"Potential govt withdrawal of OTSC case will reduce litigation in telecom sector: Credit Suisse","url_seo":"potential-govt-withdrawal-of-otsc-case-will-reduce-litigation-in-telecom-sector-credit-suisse"},"86774631":{"msid":"86774631","stname":"DoT to reconsider continuing its appeal in OTSC case","artsyn":"DoT has pegged Airtel\u2019s OTSC dues at Rs 8,414 crore. Bharti Airtel recorded Rs 1,807.5 crore charge towards OTSC in 2019-20, with the balance Rs 6,606.5 crore as contingent liability.","seolocation":"telecomnews\/dot-to-reconsider-continuing-its-appeal-in-otsc-case","seolocationalt":"DoT to reconsider continuing its appeal in OTSC case","url_seo":"dot-to-reconsider-continuing-its-appeal-in-otsc-case"},"79411270":{"msid":"79411270","stname":"SC adjourns one-time spectrum charge hearing to next week","artsyn":"The Supreme Court on Wednesday adjourned until next week hearing in the one-time spectrum charge (OTSC) case, in what may be the culmination of another battle between the government and the telcos over statutory dues.","seolocation":"telecomnews\/sc-adjourns-one-time-spectrum-charge-hearing-to-next-week","seolocationalt":"SC adjourns one-time spectrum charge hearing to next week","url_seo":"sc-adjourns-one-time-spectrum-charge-hearing-to-next-week"},"74649154":{"msid":"74649154","stname":"SC junks Vodafone Idea plea against OTSC levies","artsyn":"The Supreme Court dismissed Vodafone Idea's petition against levying one time spectrum charges (OTSC) and came down heavily on the telco when the latter appealed that the plea was not related to the adjusted gross revenue (AGR ) case at all.","seolocation":"telecomnews\/sc-junks-vodafone-idea-plea-against-otsc-levies","seolocationalt":"SC junks Vodafone Idea plea against OTSC levies","url_seo":"sc-junks-vodafone-idea-plea-against-otsc-levies"},"70141251":{"msid":"70141251","stname":"TDSAT ruling on OTSC gives big relief to telcos; DoT challenges in SC","artsyn":"The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has ruled in favour of telecom companies on the issue of one-time spectrum charge (OTSC), in a ruling that could more than halve the amount the department of telecom had levied on the telecom industry.","seolocation":"telecomnews\/tdsat-ruling-on-otsc-gives-big-relief-to-telcos-but-dot-challenges-it-in-sc","seolocationalt":"TDSAT ruling on OTSC gives big relief to telcos; DoT challenges in SC","url_seo":"tdsat-ruling-on-otsc-gives-big-relief-to-telcos-but-dot-challenges-it-in-sc"},"66157149":{"msid":"66157149","stname":"Vodafone Idea moves TDSAT to recover bank guarantees","artsyn":"In September, Vodafone Idea again wrote to the telecom department to recalculate the spectrum dues of Rs 3,926.34 crore it had paid to get approval for the merger.","seolocation":"telecomnews\/vodafone-idea-moves-tdsat-to-recover-bank-guarantees","seolocationalt":"Vodafone Idea moves TDSAT to recover bank guarantees","url_seo":"vodafone-idea-moves-tdsat-to-recover-bank-guarantees"},"64844879":{"msid":"64844879","stname":"TDSAT asks DoT to return Rs 2k crore bank guarantee to RCom","artsyn":"RCom made both the payments in 2016 and simultaneously moved the tribunal against DoT, contesting the OTSC demand.","seolocation":"telecomnews\/tdsat-asks-dot-to-return-rs-2k-crore-bank-guarantee-to-rcom","seolocationalt":"TDSAT asks DoT to return Rs 2k crore bank guarantee to RCom","url_seo":"tdsat-asks-dot-to-return-rs-2k-crore-bank-guarantee-to-rcom"},"63741177":{"msid":"63741177","stname":"DoT to ask Vodafone, Idea to clear dues worth Rs 19,000 cr before merger","artsyn":"Vodafone India\u2019s licence fee and SUC dues (including additional dues on these counts cited by a CAG July 2017 report) is roughly Rs 5,532 crore while its OTSC dues is about Rs 3,600 crore.","seolocation":"telecomnews\/dot-asks-vodafone-idea-to-clear-dues-worth-rs-19000-before-merger","seolocationalt":"DoT to ask Vodafone, Idea to clear dues worth Rs 19,000 cr before merger","url_seo":"dot-asks-vodafone-idea-to-clear-dues-worth-rs-19000-before-merger"},"52256365":{"msid":"52256365","stname":"Spectrum trading: DoT to indicate status of seller's dues, but buyer should check","artsyn":"Clarifying its October 12, 2015 notification on trading of airwaves, the DoT\u2019s Wireless Planning and Coordination Wing reiterated that the seller of airwaves needs to clear all dues including the one-time spectrum charge (OTSC) in the service area where a deal is intended.","seolocation":"telecomnews\/spectrum-trading-dot-to-indicate-status-of-sellers-dues-but-buyer-should-check","seolocationalt":"Spectrum trading: DoT to indicate status of seller's dues, but buyer should check","url_seo":"spectrum-trading-dot-to-indicate-status-of-sellers-dues-but-buyer-should-check"},"50545945":{"msid":"50545945","stname":"DoT seeks Rs 6,953 crore from RCom for liberalisation of airwaves","artsyn":"According to the DoT guidelines, the spectrum will be liberalised for the period of their right to use left as per licence terms held by the telecom operator.","seolocation":"telecomnews\/dot-seeks-rs-6953-crore-from-rcom-for-liberalisation-of-airwaves","seolocationalt":"DoT seeks Rs 6,953 crore from RCom for liberalisation of airwaves","url_seo":"dot-seeks-rs-6953-crore-from-rcom-for-liberalisation-of-airwaves"}}}}" data-news-images="[{"msid":"86836453","msname":"telecom tower","msnameseo":"telecom-tower","mediatype":"44","artdate":"2021-10-05 07:46:00.0","caption":""}]" data-newsletter-by="0" data-newsletter-date="a" data-hasbottomcarousel="" data-alldetailsopen="0" data-multipleanalyticshit="" data-deeplink="https://ettelecom.app.link?$deeplink_path=" data-socialshareformat="default">
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