SC questions Jio on payment of dues of Reliance Communication on using its spectrum

By Weindrila Sen-

The Apex Court of India said that Reliance Jio should pay the adjusted gross revenue (AGR) amount to Reliance Communications (RCom) as Jio has been using the spectrum of RCom since 2016. The Supreme Court has also asked all the telcos who are unable to pay dues worth Rs. 57,000 crores, to share details of their airwaves traffic usage during the insolvency proceeding.

The three-judge bench comprising of Justice Arun Mishra, MR Shah, and S. Abdul Nazeer has RCOM, Jio, and Centre to submit all supporting reports to get clarity over who is liable to pay the AGR dues of RCom. The bench has further asked Aircel Limited, Aircel Cellular Limited, Dishnet Wireless Limited, and Videocon to submit details about their spectrum details. Earlier in 2016, Airtel has added Aircel’s 4G airwaves and Videocon’s spectrum to their kitty.

The bench added that all the details of the proceeding shall be clarified by the counsels, CoC, and the Resolution Professional. Affidavits should be filed along with the required documents, resolution plan, or offer and orders or proceeding details of NCLAT or NCLT. Every detail regarding the sale of assets, the potential or proposed purchasers should also be submitted along with supporting documents. The Department of Telecommunications (DoT) is also required to submit required documents about the clear names of the companies and the tenure of spectrum used, fees, or dues of AGR year wise. DoT also has to file an affidavit to show their stand as per the order passed on 20.02.2019. DoT’s documents have to be backed by an affidavit of Secretary of Department of Telecommunication.

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