GOVERNMENT OF INDIA
Ministry of Communications and Information Technology
DEPARTMENT OF TELECOMMUNICATIONS
UNSTARRED QUESTION NO.3103
TO BE ANSWERED ON 17TH DECEMBER, 2009
Bycell Telecommunications India
3103. SHRI RAJEEV CHANDRASSEKHAR
Will the Minister of COMMUNICATIONS AND INFORMATION TECHNOLOGY be pleased to state:
(a) whether it is a fact that the DoT has barred ByCell Telecommunications India from offering telecom services, after finding evidence of violation of Russian federal laws against its Russian owners;
(b) if SO, the details thereof;
(c) whether the license of ByCell has been cancelled
(d) if so, whether Government has conducted any investigation on other telecom licensees having partners in countries such as Pakistan and Afghanistan; and
(e) if so, the findings thereof
THE MINISTER OF STATE IN THE MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (SHRI GURUDAS KAMAT)
(a) to (e) M/s ByCell Telecommunications India Private limited has Letters of Intent dated 27.02.2008 for provision of Unified Access Services (UAS) License in five telecom circles of Assam, Bihar-Jharkhand, North East, West Bengal and Orissa. They had Foreign Investment Promotion Board (FIPB) approvals for bringing in 74% Foreign Direct Investment (FDI) from M/s ByCell Holding AG, Switzerland. Subsequently, all FIPS approvals granted to M/s ByCell Telecommunications India Private Limited were revoked by the FIPS on the basis of objections raised by the Ministry of Home Affairs (MHA) from the security angles. On withdrawal of security 'clearance by MHA and FOI approval granted to M/s ByCell Telecommunications India Private Limited, Department of Telecommunications (DoT) is considering the cancellation of Letters of Intent for all the five circles subject to the final outcome of W.P. (U) No. 8989 of 2009 before Hon'ble High Court of Delhi in the matter of 'M/s ByCe11 Telecommunications India versus Union of India'.
(d) to (e) The Government does not conduct investigation on telecom licensees except for security clearance by MHA in all the Foreign Direct Investment proposals, having FDI more than 49% and upto 74% where FIPB clearance is required. The comments of MHA are dully considered by FIPB.