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AGR case: Supreme Court seeks details of spectrum sharing between RCom, Reliance Jio

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NEW DELHI: The Supreme Court Friday sought the details of spectrum sharing pact between Reliance Communications (RCom) and Reliance Jio and said as to why the company using the spectrum of the other firm cannot be asked to pay the Adjusted Gross Revenue (AGR) related dues to the government.

Spectrum is a government property, not private, and anyone using it is liable to pay the dues, the apex court said.

A bench of Justices Arun Mishra, S Abdul Nazeer and M R Shah asked the counsels for Reliance Jio and RCom to place their spectrum sharing agreements on record.

The bench also asked the Department of Telecom (DoT) to file the requisite documents in this regard and posted the matter for further hearing on August 17.

The top court asked the DoT to place on record the details regarding the use of spectrum of other telecom companies, including Aircel, which are facing proceedings under Insolvency and Bankruptcy Code (IBC).

During the hearing, senior advocate Shyam Divan, appearing for resolution professional for RCom, said that the government has been informed about the spectrum sharing agreement which was done in 2016 and the required fees have been paid.

He said that a part of the spectrum was lying idle with the company for a while and it has not traded, but has only shared it.

The bench then said as to why it cannot ask Reliance Jio to pay the AGR related dues on behalf of RCom as the outstanding amount arises from the spectrum use and Jio has been using it for three years.

When Divan stated that the lenders have approved UV Asset Reconstruction Company’s resolution plan for RCom, the bench said it wanted to know who was backing UV ARC.

Senior advocate KV Vishwanathan, appearing for Jio, said that the company has already paid its AGR related dues but on this question he needs to seek instruction.

He tried to explain to the bench the spectrum sharing and spectrum usage guidelines, and said that the company was following all the rules and paying the requisite fees.

The bench said again as to how Reliance Jio can escape the liability when it is using the spectrum and sharing the revenue.

On Aug 10, the top court had asked the DoT to apprise it as to how it plans to recover AGR related dues from telecom companies facing insolvency proceedings and whether spectrum given to these companies can be sold.

The DoT had told the top court that their stand is that the spectrum cannot be sold by the telecom companies facing insolvency proceedings as it is not their property.

The top court had said that it needs to ascertain the bona fides of the telecom companies who have gone under proceedings under Insolvency and Bankruptcy Code (IBC).

It had said that the court wants to go into cause of initiation of insolvency for these telecom companies and wants to know about their liabilities and what was the urgency for pushing for insolvency.

On July 20, the top court had made it clear it will not hear “even for a second” the arguments on reassessment or re-calculation of the AGR related dues of telecom companies which run into about Rs 1.6 lakh crore.

The apex court had observed that it was not a reasonable proposal that a period of 15 to 20 years be given to the telecom companies to pay AGR dues.

It had reserved the verdict on the issue of timeline for staggered payment of AGR-related dues by telecom companies.

The top court which on June 18 had asked the telecom companies including Bharti Airtel, Vodafone to file their books of accounts for the last ten year and give a reasonable time frame for paying the AGR dues.

The top court had taken the submission of the Centre on record that there were moratorium in place with regard to some companies like RCom and Videocon as insolvency proceedings against them have started.

It had sought details within seven days from the Centre with regard to the pendency of proceedings against some firms under the IBC and said that it would like to ensure whether IBC was being misused to escape liabilities .

The Centre had earlier urged the top court that up to 20 years be given to telecom companies for the payment of dues in a staggered manner.

On June 18, the top court was informed by the Centre that the DoT has decided to withdraw 96 per cent of the Rs 4 lakh crore demand for AGR related dues raised against non-telecom PSUs like GAIL.

The apex court had in October 2019 delivered the verdict on the AGR issue for calculating government dues of telecom companies such as licence fee and spectrum usage charges.

After the top court had rejected pleas by Vodafone Idea, Bharti Airtel and Tata Teleservices seeking review of the judgement which widened the definition of AGR by including non-telecom revenues, the DoT had in March moved a plea seeking staggered payment over 20 years.

Source: Press Trust of India

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Mobile tariff hike:Congress blames NDA government for Rs 34,824 crore burden on public

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NEW DELHI: Hitting out at the NDA-led Narendra Modi government over three private firms increasing mobile service tariffs, the Congress on Friday accused it of “fleecing” 109 crore cell phone users and asked how can the firms be permitted to unilaterally increase rates without any oversight and regulation.

Congress general secretary Randeep Surjewala said it may be Modi 3.0 but the thriving of “crony capitalism” continues.

The Narendra Modi government is fleecing 109 crore cell phone users by sanctioning profiteering by private cell companies, he said at a press conference at the AICC headquarters here.

“Effective July 3, the three private cell phone companies, i.e. Reliance Jio, Bharti Airtel and Vodafone Idea, have increased their tariffs by an average of 15 per cent. The three private cell phone companies have a market share of 91.6 per cent, or 109 crore cell phone users out of a total of 119 crore cell phone users as on December 31, 2023,” Surjewala said.

The total additional yearly payment from the pockets of the common man and woman of India seeking connectivity is Rs 34,824 crore, he said, citing TRAI.

Cell phone market in India is an ‘oligopoly’ – Reliance Jio (48 crore cell phone users), Airtel (39 crore cell phone users), Vodafone Idea (22.37 crore cell phone users), Surjewala said.

Out of these, Jio and Airtel have a customer base of 87 crore making them a virtual duopoly, he said.

Effective July 3, 2024, Reliance Jio has increased its cell phone user’s charges from 12 per cent to 27 per cent and the average increase is 20 per cent, Surjewala said.

Effective July 3, 2024, Airtel has increased its cell phone user’s charges from 11 per cent to 21 per cent with the average increase being 15 per cent, he said.

Effective July 4, 2024, Vodafone Idea has increased its cell phone user’s charges from 10 per cent to 24 per cent with the average increase being 16 per cent, Surjewala said.

“Two things stand out ‘“ Firstly, the date of announcement of increase of tariffs, appears to be clearly in consultation with each other by the three private cell phone companies. Secondly, the date of effective implementation of increased tariffs is the same,” he said.

Surjewala claimed that the additional per year burden of tariff increase is Rs. 34,824 crore for 109 crore cell phone users of these three private cell phone companies.

How can private cell phone companies be permitted to unilaterally increase cell phone tariffs by Rs 34,824 crore annually without any oversight and regulation by the Modi government, he asked.

Surjewala also asked why have the Modi government and Telecom Regulatory Authority of India (TRAI) abdicated their duty and responsibility towards 109 cell phone users.

“Wasn’t the increase in cell phone prices withheld till the conclusion of the Parliament elections as the Modi government would have been questioned on the justification for burdening 109 crore cell phone users and fleecing them of an extra Rs 34,824 crore?” Surjewala said.

Did the Modi government or TRAI conduct any study on need of CAPEX or impact on profitability by purchase of spectrum through auction after taking into account the previous set of concessions on AGR payable under Telecom Policy, 1999 or deferring of “Spectrum Auction Installments” by Modi 2.0 on November 20, 2019 or other related factors, he asked.

“How can all Private Cellphone Companies increase their average tariffs by the same range of 15per cent-16per cent, despite the fact that their profitability, investment and CAPEX requirements are completely different? Why is the Modi government is then turning a blind eye to the same?” Surjewala said.

“Isn’t it correct that the Supreme Court of India, in “Delhi Science Forum versus Union of India” clearly stated that ‘the central government and the Telecom Regulatory Authority have not to behave like sleeping trustees, but have to function as active trustees for the public good’?” he said.

Surjewala asserted that the prime minister must answer to the people of India, including the 109 crore affected cell phone users.

Bharti Airtel last month announced a 10-21 per cent hike in prepaid and postpaid mobile tariffs from July 3, a day after larger rival Reliance Jio announced an increase in rates.

Later that day, loss-making telecom operator Vodafone Idea (Vi) also announced its plan to raise mobile tariffs by 11-24 per cent from July 4.

Source: Press Trust of India

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Indian Tech Startups Surge Ahead with $4.1 Billion in Funding for H1 2024

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NEW DELHI: Indian tech startups have secured an impressive total of $4.1 billion in funding during the first half of 2024, reflecting a 4% increase from the latter half of 2023, according to Tracxn’s latest report. Although this figure represents a notable decline from the $4.8 billion raised in H1 2023, India continues to hold its position as the fourth-highest funded country globally.

The United States remains the leader in overall funding volumes, followed closely by the UK and China. Tracxn’s India Tech Semi-Annual Funding Report H1 2024 offers insights into funding trends, sectoral performances, and major developments within the Indian technology sector for the specified period.

Notable increases were observed in seed-stage funding, which climbed to $455 million, marking a 6.5% rise from H2 2023 but a 17.3% decline from H1 2023. Late-stage funding also saw a modest increase of 3.8%, amounting to $2.4 billion. The period also witnessed eight significant funding rounds exceeding $100 million each, including Flipkart’s $350 million and Meesho’s $275 million rounds.

 

Source: Press Trust of India

 

 

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Ericsson has been ranked as the leader in the Frost Radar 5G Network Infrastructure Market 2024

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For the fourth consecutive year, Ericsson has been ranked as the leader in the Frost
Radar™ 5G Network Infrastructure Market 2024 analysis, highlighting the impact of the
company’s strategy to meet the evolving needs of communications service providers (CSPs).
Maintaining top ranking in the Frost Radar™ report over the past years has shown that
Ericsson’s investments in R&D and across a wide product portfolio – which includes all areas
of 5G network infrastructure as well as previous generations of network infrastructure – is
valued in a market where technology is constantly evolving.
The report has also acknowledged Ericsson’s sustained focus on offering the latest and
lightest energy-saving products and solutions. It also touched on the company’s Open RAN
plans.
Fredrik Jejdling, Executive Vice President and Head of Networks at Ericsson, says: “The
latest Frost Radar report highlights our unwavering commitment to innovation and technology
leadership through the most competitive portfolio. In a challenging market, we remain
focused on our customers and move forward with even greater determination.”

Commenting on Ericsson’s top ranking, Troy Morley, Industry Principal, at Frost & Sullivan’s
Information & Communication Technology group, says: “Ericsson has done an excellent job
keeping its current customers and adding new customers, including significant replacement wins over competitors. Ericsson has a significant pipeline of customers that have yet to move
to 5G but will over the coming years.”


Ericsson currently powers *160 live 5G networks in 68 countries, which is the highest level
that Frost & Sullivan has seen publicly reported.
“Ericsson’s strategy continues to center on CSPs’ evolving needs in all areas of the world,”
Morley says. “However, with its 2020 acquisition of Cradlepoint, Ericsson also is expanding
its role with enterprise customers.”

The report has also discussed the importance of the open and virtual RAN movement and
the belief that eventually open and virtual RAN will be the norm. “Ericsson’s step into offering
Open RAN solutions in 2024 will help make this movement a reality,” Morley says. “The
company plans to offer O-RAN-compliant solutions in 2024; Frost & Sullivan believes this will
result in significant growth in open and virtual RAN revenue.”

Commenting further on the report, Morley says: “Energy efficiency has been a buzzword for
a few years and Ericsson continues to tout solutions that are smaller and lighter and that
save energy, answering its customers’ needs. This will continue with its traditional RAN
solutions and accelerate with its new Open RAN offerings.”

The Frost Radar report measures growth rates in addition to absolute revenue and combines
them with several other factors to measure companies’ performance along the Growth Index.
The report also measures innovation for each company by assessing its product portfolio, the
scalability of its innovations, the efficacy of its R&D strategy, and several other factors.
The latest report from business consulting firm Frost & Sullivan reaffirms Ericsson’s
leadership in the 5G network infrastructure market, which spans radio access networks
(RAN), transport networks, and core networks.

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