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Vodafone moves DoT over Quippo service

Says firm misrepresented licence terms to gain exclusive infra deployment rights.

Vodafone moves DoT over Quippo service

Mobile telecom player Vodafone is learnt to have complained to the Department of Telecommunications (DoT) against Quippo Telecom Infrastructure Ltd (QTIL) “deploying active infrastructure”.
Quippo Telecom and Tata Teleservices Ltd merged their passive infrastructure businesses last year.

Vodafone has also cast doubts on whether the DoT clarification, issued last year on the matter, is legally valid.

Quippo has misrepresented its rights and scope under its licence to obtain exclusive rights to deploy passive/active infrastructure at various locations, including the Delhi International Airport Ltd, Vodafone alleged in a letter to the DoT.
QTIL’s registration allows it to provide dark fibres, right of way, duct space, towers on lease/rent/sale basis to the licencees of telecom services on mutually agreed terms and conditions, the letter has said.

The Vodafone complaint has come despite a DoT
clarification of March 9, 2009, regarding the scope of
telecom infrastructure service providers.

According to the DoT clarification, the scope of infrastructure service providers, which is currently limited to passive infrastructure, has been enhanced to cover the active infrastructure if this active infrastructure is provided on behalf of the licencees.

That is, these infrastructure service providers will be able to create active infrastructure, limited to antenna, feeder cable, node B, radio access network and transmission system only on behalf of telecom licencees.

Sources have pointed out that DoT is not keen on interfering in this matter any further.

But, Vodafone has said, “we believe that the scope of an IP (infrastructure provider) licence is confined to providing passive infrastructure”. It has added that the DoT clarification has “no legal force since a clarification cannot give a non-existent right and enlarge the scope of service of the IP licence.

A licensing term and condition can be changed, if at all, by an amendment.” Vodafone has said that “there has been no such amendment”.

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