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SWAN TELECOM WAS NOT ELIGIBLE FOR 2G SPECTRUM LICENCE; NIIRA RADIA TELLS THE COURT

Appearing in the court for the
first time, former corporate
lobbyist Niira Radia today said
she felt that Swan Telecom Pvt
Ltd “was not eligible” to get the
2G Spectrum licences as it was
said to belong to Reliance ADAG
group company Reliance
Communications.
Testifying as a prosecution
witness in CBI court in the case,
she said that during the time of
grant of spectrum, there was a
very strong public perception
that Swan Telecom Pvt Ltd was
not eligible.
Swan Telecom’s promoters
Shahid Usman Balwa and Vinod
Goenka are facing trial in the
case.
“During the time of grant of
spectrum, there was a very
strong public perception
created by the media of
eligibility and non-eligibility.
Through the public perception
and advice of Tata advocates, I
came to know that this
company (Swan Telecom) was
not eligible,” Radia told Special
CBI Judge O.P Saini.
During her examination-in-chief
by the CBI prosecutor, she told
the court that at the time of
grant of licences, dossiers were
in circulation which said Swan
Telecom Pvt Ltd belonged to
Reliance Communications.
“At that time, there were
dossiers in circulation that the
company (Swan Telecom)
belonged to Reliance
Communications, though I do
not have any authentic or
personal knowledge,” she said.
Radia said her public relations
company was advising Tatas on
telecom matters and Tata
Teleservices Ltd had applied for
dual technology licences in
2007.
Spectrum for Tata
Communications
Radia told the court that Tata
Teleservices was granted a dual
technology licence in 2008 but
it did not get the spectrum.
“Tata Teleservices was advised
that they were in the queue and
would be granted spectrum as
and when it would be available.
I was coordinating the telecom
matters with the Tatas and was
not acting in this field singly.
Tata Teleservices had applied
for dual technology spectrum
for Delhi service area also.”
On this, the CBI prosecutor
asked Radia, “Could you please
tell the court as to what was the
number of Tata Teleservices in
the queue for dual technology
spectrum in Delhi service area?”
Responding to the query, Radia
said, “I was not aware of their
number for dual technology
spectrum in Delhi service area.
However, there was enough
correspondence between Tatas
and Department of
Telecommunications (DoT)
saying that TTSL was ahead in
the queue by virtue of their dual
technology licence. They were
existing CDMA operators.”
The CBI prosecutor asked Radia
to explain as to why TTSL was
not granted spectrum in Delhi
service area despite being
ahead of other applicants.
“Tata Teleservices did not get
the spectrum first as it was
advised by DoT that it was not
ahead of others. TTSL was
advised by DoT orally. Swan
Telecom Pvt Ltd had got
spectrum in Delhi service area.
Reliance Communications had
also got the spectrum,” she
said.
Radia also told the court that
TTSL had opposed the allocation
of spectrum to Swan Telecom
and Reliance Communications
but they were advised that they
were in the queue and as and
when spectrum would be
available they would get it.
The court has deferred
recording of her statement to
July 2.
CBI chargesheet
CBI, in its charge sheet filed on
April 2, 2011 against former
Telecom Minister A Raja and
others, had named Radia as a
prosecution witness in the case.
Radia appeared in the court
today three months after she
was asked on December 2 last
year to testify as a CBI witness.
She had sought three months’
time on the grounds that she
had undergone a surgery for a
neurological ailment.
Radia’s statement assumes
significance as she, in her
statement recorded during the
probe under section 161 of the
CrPC (dealing with examination
of witnesses) before CBI, had
said that Swan Telecom Pvt Ltd,
facing trial in the 2G case, was
not “eligible” to get the Unified
Access Service (UAS) Licences.
“Regarding M/s Swan Telecom,
which was the only applicant to
get the spectrum in Delhi circle,
I would like to state that M/s
Swan Telecom as applicant was
not even eligible for getting a
UAS licence, in view of the cross
holding clause.
“To the best of my
understanding it was controlled
entirely by M/s Reliance
Communications,” Radia had
told CBI in her statement
recorded by the agency on
December 21, 2010.
The CBI, in its charge sheet, had
alleged that Reliance Telecom
Ltd (RTL), an accused in the
case, used Swan Telecom, an
ineligible firm, as its front
company to get licences and the
costly radio waves.