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2019 Supreme(Online)(TDSAT) 7

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Shiva Kirti Singh, CJ, Mr. A.K. Bhargava, J
Vodafone Idea Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Meet Malhotra, Sr. Advocate, Mr. Manjul Bajpai, Advocate, Mr. Jagjit Singh Sahni, Advocate, Mr. Ravi S S Chauhan, Advocate, Ms. Pallak Verma, Advocate, Ms. Pallak Singh, Advocate
For the Respondents:Mr. Dhruv Tamta, Advocate

Table of Content
1. introduction of the case and parties involved. (Para 1 , 2)
2. context of disputes around frequency assignments and past agreements. (Para 3 , 4)
3. claims for reassignment of frequencies based on earlier assurances. (Para 15 , 26)
4. court ruling on the enforceability of previously established rates. (Para 27 , 28)

ORDER

By S.K. Singh, Chairperson –

Originally, this petition was preferred by (i) Vodafone India Ltd. and (ii) Vodafone Mobile Services Ltd. Later on, in 2018 these two petitioners merged with Idea Cellular Ltd. which was changed to Vodafone Idea Ltd., now the sole petitioner.

2. Earlier the petitioners held CMTS licence since 1994/1995 and UAS licence since 2006. The petitioner presently holds Unified Licence. It is not in dispute that Micro Wave(MW) frequencies were allotted to the petitioner in 1995 and continued under various licences as held from time to time. Petitioner is operating the MW frequencies for more than two decades. The dispute falling for determination in the present petition is because of a change to the Guidelines dated 16.10.2015 issued by the respondent/Department of Telecommunications (DoT) and to a letter dated 24.01.2017 whereby

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