And if clause 8 of UASL does not apply on Swan, the entire case against Balwa and Reliance falls apart and it will have huge ramifications, including in the case against him.
If Sinha is now of the view that Clause 8 of UASL guidelines should apply only to a licensee and not to an applicant, then entire prosecution case of cheating is false.
This relates to the question of violation of clause 8 under the UASL
guidelines," Essar said.
For example, the new regime requires companies to pay a flat fees of eight per cent of adjusted gross revenue while for UASL
( unified access service licence) and other licences given earlier, the fees differs from circle to circle and type of services.
In November 2003, the government endorsed a plan for a UASL
regime that called for a single licence for BSOs and cellular carriers.
The CBI in its charge sheet filed in a special court on Saturday said that it was only the Swan and Unitech which conspired with Raja as "no material could be collected during the investigation conducted so far that other UASL
(Unified Access Service Licence) applicant companies also conspired with accused A Raja and other accused public servant not to enhance the entry fee".
The terms and conditions for UASL relate to entry fees, net worth and equity and bank guarantees, which will have to be furnished by companies like Infotel that will be making their maiden foray into the mobile phone services segment.
With UASL, these companies would be able to offer both voice and data services.
Complete UASL guidelines, including migration rules and all other details, should be finanlised at the earliest preferably within three months so that the final comprehensive licencing regime is also known and available to the bidders," Telecom Commission chairman and secretary of the department of telecommunications ( DoT) R.
The CAG report on the 2G scam had said at the time of applying for UASL
, the equity stakes of Reliance Telecom Ltd in Swan Telecom Private Ltd was 10.