Even as the Department of Telecommunications (DoT) is examining the option of allowing 3G spectrum sharing under the new licensing regime, it is against provisioning of 3G services through the intra-circle roaming pacts (ICR) signed by various service providers which do not hold a 3G licence.

Earlier, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had cleared the 3G ICRs signed between Bharti Airtel, Vodafone India and Idea Cellular. According to the tribunal, the ICR pacts inked by the three operators were not in violation of licensing terms.

With TDSAT terming 3G ICR legal, DoT has sought legal opinion on tribunal’s judgement. The department has appointed law officers and awaiting their opinion on the issue before taking any further action.

According to DoT, under the old licensing regime, operators faced technology-specific restrictions on offering certain services and hence 3G licence holders were restricted to providing 3G services in only circles where they acquired spectrum through auction. However, under the new unified licensing regime, the department is considering allowing operators to go ahead with 3G spectrum sharing since the new licensing regime allows operators to introduce technology-neutral services.