oppn parties Telcos In Trouble: The Government Must Provide Relief

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  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Telcos In Trouble: The Government Must Provide Relief

By Sunil Garodia
First publised on 2020-01-21 13:11:18

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court has refused to provide any relief to telcos by dismissing a review petition against its earlier order on the issue of what constitutes adjusted gross revenue (AGR). Hence, the government argument (backed by the terms of the contract) that AGR includes all non-core incomes such as rent, interest and dividend stands. Although Bharti Airtel is reported to be thinking of filing a curative petition, no relief can be expected from it. Hence, the telcos will have to make substantial payments to the government, unless there is a rethink on the part of the government. Bharti Airtel is expected to pay Rs 35,586 crore and Vodafone Idea Rs 53,038 crore. If the telcos have to make such huge payments, at least Vodafone Idea will have to shut shop.

The government needs to reconsider its stand. More than fifty percent of the amount being bandied about consists of interest and penalties. Since the matter was in dispute, the least the government can do is to waive off the interest and penalties. That would bring down the figure substantially. Then, it should allow the firms to pay the revised figure in installments. That would be a fair short-term solution to this matter. Although the terms of the contract mandated income from non-core business to be included in the AGR (and the telcos foolishly signed it despite having highly paid lawyers to advise them), since the licensing was done for the telecom business, ideally only the income earned through the core business should form the revenue to be shared with the government. Even Trai and TDSAT have advised the government to consider the same.

But since firms in India are adept at fudging heads of income and can siphon off substantial revenue to avoid sharing, any long term solution lies in clearly demarcating what will henceforth consist of shareable revenue. The government must also revisit the terms of the contract it signs with telcos, including spectrum usage charge, license fees and pricing. It should be realized that bullying telcos into paying the full amount will change the fundamental structure of the telecom sector in India. A duopoly that might emerge will not be in consumer interest. The government is bent on milking the sector and this has to change.

There are other problems before the government. Several PSUs like GAIL and Powergrid Corporation also hold telecom licenses. If the same rule is applied to them, they would have to shell out more than Rs 2 lakh crore. But if the government exempts them from the payment, telcos may cry discrimination and another round of court cases will follow. Hence, it would be best if the government acts in an even-handed manner by waiving off interest and penalty on the AGR share under demand in the short term and revisits the terms of the contract for a long term solution. Telecom is too vital a sector (especially as Digital India gathers momentum and with 5G and more advanced technologies slated to come in the future)  to be left to arbitrary decisions.