\"\"
<\/span><\/figcaption><\/figure>\n\nThe telecom department is drawing up proposals aimed at reducing disputes with operators that have led to as much as Rs 80,000 crore getting stuck in litigation, delaying mergers and acquisitions and deterring overseas investors, said people with knowledge of the matter. The suggestions include unifying levies, settling some cases and being lenient on minor infringements.

The Department of Telecommunications (DoT) will send its suggestions to the law ministry for vetting before the communications ministry takes a final call, government officials told ET. “We do not want the government to lose out on dues that the operators owe us,” said an official.

“The telcos have a different point of view and this has led to a large amount of Rs 75,000 crore- Rs 80,000 crore, including penalties and interest, that’s stuck in legal battles.”

The Department of Telecommunications (DoT) is considering proposals such as combining all telecom levies into one charge, on the lines of the goods and services tax (GST), which has subsumed indirect taxes. It may also suggest identifying cases that can either be settled or withdrawn due to the issues no longer being relevant because of new technology or new policies besides reviewing the imposition of maximum penalties even for minor lapses, officials and industry<\/a> executives said.

\n \n \n \n
\"\"
<\/span><\/figcaption><\/figure>\n\n\n\n\n\n\n\n\n\n
Most of the disputes relate to multiple levies under different heads such as licence fees, spectrum usage charges (SUC) and one-time spectrum fee (OTSC). The first two, a major proportion of the amount, are based on the annual adjusted gross revenue (AGR), the definition of which is yet to be decided by the courts. Owing to this, all related levies also get challenged and stayed by various courts or the telecom tribunal.

One of the officials said a clearer definition of AGR is also being looked at. Telecom minister Manoj Sinha recently told ET that AGR needs to be “rationally” defined, to clear up a lot of pending matters. “We feel each case should be decided at most in two hearings,” said one of the officials cited above. “It shouldn't take several rounds of hearings to decide upon matters. It is such a waste of resources and time.”

The operators are hoping for a resolution since these disputes delay M&A deals, hurt balance sheets and hinder them during the pursuit of overseas funds, executives said.

For instance, when telcos want to trade spectrum or embark on an M&A, DoT raises demands for dues that need to be met before the government approves the move, they said. Telcos have to move court to get a stay on such demands and get clearance, prolonging the process. Vodafone India and Idea Cellular paid a combined Rs 7,249 crore in dues before they could get approval for their recent merger, creating the country’s biggest mobile operator.

“When we raise money in global bond markets, investors think twice before agreeing because why would you invest in a company knowing thousands of crores are stuck in legal battles with the government?” said a senior executive at one of the major telcos. “Who would want to invest when the case can go either way?” The operators say there have been informal talks on ways to ease the situation.

“These large amounts are not surprising since every due amount has a penalty attached to it,” said Rajan S Mathews, director general of the Cellular Operators Association of India (COAI) lobby group. “The litigation costs are high on either side, which further adds a strain on the balance sheets.”

He said that the government could also look at implementing an “adjudicatory\/alternate dispute settlement process where government officials are empowered to settle cases\/disputes in good faith, before going to litigation, without fear of being second-guessed later by audit agencies.”

According to sources, about Rs 25,000 crore of the dues stuck in litigation pertains to SUC alone. DoT has written to telcos, asking them to pay these dues up to June. Bharti
Airtel<\/a> owes Rs 8,243.85 crore, Reliance Jio<\/a> Infocomm owes Rs 116.51 crore, Reliance Communications and its subsidiary Reliance Telecom owe Rs 2,594.45 crore and Rs 519.32 crore, respectively.
<\/body>","next_sibling":[{"msid":65792007,"title":"Tata Group\u2019s digital strategy is set to take shape in TCS","entity_type":"ARTICLE","link":"\/news\/tata-groups-digital-strategy-is-set-to-take-shape-in-tcs\/65792007","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"65789043","title":"telecom_anirban_bccl","entity_type":"IMAGES","seopath":"industry\/telecom\/telecom-news\/telecom-department-chalks-out-plan-to-reduce-rows-with-telcos\/telecom_anirban_bccl","category_name":"Telecom department chalks out plan to reduce rows with telcos","synopsis":"Most of the disputes relate to multiple levies under different heads such as licence fees, spectrum usage charges and one-time spectrum fee","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-615913\/65789043.cms?width=150&height=112","link":"\/image\/industry\/telecom\/telecom-news\/telecom-department-chalks-out-plan-to-reduce-rows-with-telcos\/telecom_anirban_bccl\/65789043"}],"msid":65792099,"entity_type":"ARTICLE","title":"Telecom department chalks out plan to reduce rows with telcos","synopsis":"Suggestions include unifying levies, settling few cases and being lenient on minor infringements.","titleseo":"telecomnews\/telecom-department-chalks-out-plan-to-reduce-rows-with-telcos","status":"ACTIVE","authors":[{"author_name":"Devina Sengupta","author_link":"\/author\/479212895\/devina-sengupta","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479212895.cms?width=100&height=100&hid=268","author_additional":{"thumbsize":false,"msid":479212895,"author_name":"Devina Sengupta","author_seo_name":"devina-sengupta","designation":"Senior Assistant Editor","agency":false}},{"author_name":"Anandita Singh Mankotia","author_link":"\/author\/479231328\/anandita-singh-mankotia","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479231328.cms?width=100&height=100&hid=268","author_additional":{"thumbsize":false,"msid":479231328,"author_name":"Anandita Singh Mankotia","author_seo_name":"anandita-singh-mankotia","designation":"Editor","agency":false}}],"Alttitle":{"minfo":""},"artag":"ET Bureau","artdate":"2018-09-13 09:03:51","lastupd":"2018-09-13 09:03:51","breadcrumbTags":["Jio","Airtel","Telecom Disputes","Indian telcos","Industry","indian telecom sector"],"secinfo":{"seolocation":"telecomnews\/telecom-department-chalks-out-plan-to-reduce-rows-with-telcos"}}" data-authors="[" devina sengupta","anandita singh mankotia"]" data-category-name="" data-category_id="" data-date="2018-09-13" data-index="article_1">

电信部门粉笔与电信公司计划减少行

建议包括:统一征收,一些病例和宽容在未成年人侵权行为。

Devina森古普塔 辛格Anandita Mankotia
  • 发布于2018年9月13日09:03点坚持
电信部门起草提案旨在减少与运营商的争端导致高达80000卢比陷入诉讼,延迟并购和阻止海外投资者,知情人士表示。建议包括:统一征收,解决某些情况下和宽容在未成年人侵权行为。

电信部门(点)将其建议通信部门前的法律部门审查最后的呼声,政府官员告诉ET。“我们不希望政府失去了会费,运营商欠我们,”一位官员说。

广告
“电信公司有不同的观点,这导致了大量的75000卢比到80000卢比,包括罚款和利息,这是陷入法律纠纷。”

电信部(DoT)正在考虑建议合并到一个所有电信征收费用等的商品和服务税(GST),包含间接税。也建议确定情况下可以解决或撤回的问题不再相关,因为新技术或新政策除了审查实施最高处罚甚至小失误,官员和行业高管表示。


大部分的纠纷涉及多个不同头如许可证下征收费用,频谱使用费用(往下)和一次性频谱费(OTSC)。前两个,一个主要的数量,比例是基于年度调整总收入(AGR)的定义是由法院决定。由于这一点,所有相关征税也被各种质疑,法院或电信法庭。

的一个官员说,一个清晰的定义AGR也被看着。电信部长Manoj Sinha最近告诉ET, AGR需要定义的“理性”,清理很多悬而未决的问题。“我们觉得每个案例应该决定最多两个听证会,“上面说的一个官员表示。“它不应该花费几轮听证会来决定问题。这是浪费资源和时间。”

广告
运营商希望解决因为这些纠纷延迟并购交易,损害资产负债表和阻碍他们在追求海外基金,高管表示。

例如,当电信公司想贸易光谱或从事并购,会费点提出了要求,需要见过政府批准,他们说。电信公司已经搬到法院去坚持这样的要求并得到批准,延长这一过程。沃达丰印度和想法细胞总计支付7249卢比在费才可以批准他们最近的合并,创建中国最大的移动运营商。

“当我们在全球债券市场筹集资金,投资者三思而后行同意,因为你为什么要投资一个公司知道成千上万的卢比与政府陷入法律纠纷?”一名高级主管表示主要的电信公司之一。“谁会愿意投资情况时可以去吗?“运营商说有非正式的谈判方式,以缓解这一状况。

“这些大量并不令人惊讶,因为每一个由于连着一个点球,”Rajan说马修斯,印度手机运营商协会总干事(COAI)游说团体。“诉讼成本很高,这进一步增加了资产负债表上。”

他说,政府还可以看看实现“adjudicatory /备用争端解决过程中政府官员有权解决案件/争端在诚信,在诉讼,而不用担心被审计机构时刻之后。”

据消息人士透露,大约25000卢比的会费陷入诉讼属于独自往下。点写了电信公司,要求他们支付这些费6月。Bharti附近的旅馆欠8243 .85卢比,依赖JioInfocomm欠116.51卢比,信实电信及其子公司信实电信欠2594 .45卢比和519.32卢比,分别。
  • 发布于2018年9月13日09:03点坚持
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\"\"
<\/span><\/figcaption><\/figure>\n\nThe telecom department is drawing up proposals aimed at reducing disputes with operators that have led to as much as Rs 80,000 crore getting stuck in litigation, delaying mergers and acquisitions and deterring overseas investors, said people with knowledge of the matter. The suggestions include unifying levies, settling some cases and being lenient on minor infringements.

The Department of Telecommunications (DoT) will send its suggestions to the law ministry for vetting before the communications ministry takes a final call, government officials told ET. “We do not want the government to lose out on dues that the operators owe us,” said an official.

“The telcos have a different point of view and this has led to a large amount of Rs 75,000 crore- Rs 80,000 crore, including penalties and interest, that’s stuck in legal battles.”

The Department of Telecommunications (DoT) is considering proposals such as combining all telecom levies into one charge, on the lines of the goods and services tax (GST), which has subsumed indirect taxes. It may also suggest identifying cases that can either be settled or withdrawn due to the issues no longer being relevant because of new technology or new policies besides reviewing the imposition of maximum penalties even for minor lapses, officials and industry<\/a> executives said.

\n \n \n \n
\"\"
<\/span><\/figcaption><\/figure>\n\n\n\n\n\n\n\n\n\n
Most of the disputes relate to multiple levies under different heads such as licence fees, spectrum usage charges (SUC) and one-time spectrum fee (OTSC). The first two, a major proportion of the amount, are based on the annual adjusted gross revenue (AGR), the definition of which is yet to be decided by the courts. Owing to this, all related levies also get challenged and stayed by various courts or the telecom tribunal.

One of the officials said a clearer definition of AGR is also being looked at. Telecom minister Manoj Sinha recently told ET that AGR needs to be “rationally” defined, to clear up a lot of pending matters. “We feel each case should be decided at most in two hearings,” said one of the officials cited above. “It shouldn't take several rounds of hearings to decide upon matters. It is such a waste of resources and time.”

The operators are hoping for a resolution since these disputes delay M&A deals, hurt balance sheets and hinder them during the pursuit of overseas funds, executives said.

For instance, when telcos want to trade spectrum or embark on an M&A, DoT raises demands for dues that need to be met before the government approves the move, they said. Telcos have to move court to get a stay on such demands and get clearance, prolonging the process. Vodafone India and Idea Cellular paid a combined Rs 7,249 crore in dues before they could get approval for their recent merger, creating the country’s biggest mobile operator.

“When we raise money in global bond markets, investors think twice before agreeing because why would you invest in a company knowing thousands of crores are stuck in legal battles with the government?” said a senior executive at one of the major telcos. “Who would want to invest when the case can go either way?” The operators say there have been informal talks on ways to ease the situation.

“These large amounts are not surprising since every due amount has a penalty attached to it,” said Rajan S Mathews, director general of the Cellular Operators Association of India (COAI) lobby group. “The litigation costs are high on either side, which further adds a strain on the balance sheets.”

He said that the government could also look at implementing an “adjudicatory\/alternate dispute settlement process where government officials are empowered to settle cases\/disputes in good faith, before going to litigation, without fear of being second-guessed later by audit agencies.”

According to sources, about Rs 25,000 crore of the dues stuck in litigation pertains to SUC alone. DoT has written to telcos, asking them to pay these dues up to June. Bharti
Airtel<\/a> owes Rs 8,243.85 crore, Reliance Jio<\/a> Infocomm owes Rs 116.51 crore, Reliance Communications and its subsidiary Reliance Telecom owe Rs 2,594.45 crore and Rs 519.32 crore, respectively.
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