\n
\nVodafone India’s 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. Idea’s total licence fee\/SUC dues (including additional dues cited by CAG’s July 2017 report), in turn, is roughly Rs 7,625 crore while its OTSC dues are Rs 2,113 crore.
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\nAn executive at one of two companies said the government won’t be able to force either Vodafone India or Idea to clear their licence fee\/SUC dues since the matter pertains to computation of a telco’s adjusted gross revenue (AGR), an issue that has been under dispute for more than a decade and is sub judice.
\n
\nBut a DoT official said the department will shortly send demands to both companies for approximately Rs 19,000 crore.
\n\n\t\n\t
\n
\nVodafone India’s 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. Idea’s total licence fee\/SUC dues (including additional dues cited by CAG’s July 2017 report), in turn, is roughly Rs 7,625 crore while its OTSC dues are Rs 2,113 crore.
\n
\nAn executive at one of two companies said the government won’t be able to force either Vodafone India or Idea to clear their licence fee\/SUC dues since the matter pertains to computation of a telco’s adjusted gross revenue (AGR), an issue that has been under dispute for more than a decade and is sub judice.
\n
\nBut a DoT official said the department will shortly send demands to both companies for approximately Rs 19,000 crore.
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\n\n\t\n\t
\nOTSC Dues Matter also in Court<\/strong>
\nEven if the licence fee and SUC dues are legally challenged, it will insist on bank guarantees for OTSC dues worth nearly Rs 5,713 crore in line with present telecom M&A rules, in the run-up to the merger. This despite the OTSC dues matter also being in court.
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\nA telco’s AGR is the revenue derived from licensed services. A telecom operator, typically, pays 8% of AGR as licence fee and roughly 5% as SUC, which are two key revenue streams for the government.
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\nA senior DoT official told ET that Idea, that is seeking approval of 100% foreign direct investment (FDI) in the company, is already in discussions with DoT—on behalf of both companies—to determine the total dues that the telco may have to pay up before the merger is approved. This is because the Kumar Birla-led carrier will “continue to be the licensee,” post merger with Vodafone India.
\n
\nAnother person familiar with regulatory compliance matters in an M&A scenario said Vodafone India “might be required to clear its near Rs 3,600-crore OTSC dues to DoT at the earliest,” since the company will no longer exist as a licencee after its merger into Idea.
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\n“But Idea, in this case, the acquirer, would be allowed to submit bank guarantees, equivalent to its Rs 2,113 crore OTSC dues, as a pre-condition to its proposed merger with Vodafone India,” he told ET.
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\nVodafone India and Idea had not replied to ET’s queries, till the time of going to press.
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\nThe OTSC dues are based on DoT rules that require a telco holding beyond 6.2 MHz\/circle between July 2008 and December 31, 2012, to pay a one-time market-linked price for the excess spectrum held. Likewise, the telcos are required to pay the market price for airwave holdings beyond 4.4 MHz\/circle between January 2013 till the expiry of their respective licences.
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\nHowever, the Telecom Disputes Settlement<\/a> and Appellate Tribunal (TDSAT) has ordered DoT to grant approval to Bharti Airtel’s acquisition of Telenor India without any bank guarantee.
\n
\nIndia's No 2 and No 3 carriers, Vodafone India and Idea Cellular, are merging their operations to create the country’s largest phone company with over 410 million customers, nearly 42% customer market share (CMS) and nearly 37% revenue market share (RMS), leaving it stronger placed to take on competitive pressures unleashed by 4G newcomer, Reliance Jio Infocomm.
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