Originally published in January 14th 2013

A move by the government to create foreign direct investment (FDI) policy more severe in the telecom sector has elevated hackles amid global companies.

The department of telecommunications (DoT), regarding the draft common licence procedure to be signed with telcos which freshly won spectrum in the 1800 MHz auction of November, has integrated a new section for foreign companies. It says, "In order to make sure that at least one grave resident Indian promoter subscribes rational amount of the resident Indian shareholding, such resident Indian shareholder shall grasp at least 10 per cent equity of the licence corporation."

This could have serious impacts on all foreign telcos, counting new ones such as Telenor and presents wanting to drift to a universal licence, under which telcos can work all services. They would currently have to discover an Indian investor who will hang about invested, even if the foreign company favors to strip stake through a public offering and wrap the 26 per cent Indian equity requirement soon after.

A top DoT official, who did not want to be publicized, confirmed that the clause was integrated to make sure the serious Indian shareholding in foreign telcos working in the countries. However, proposals made by the Telecom Regulatory Authority of India on UL guidelines, scheduled January 2, do not take in the clause.

Norwegian giant Telenor's Indian subordinate Telewings Communications, which has queried the move, has supposed as the clause was distant and is not there in the FDI policy on telecom, its reintroduction lacks a rational or authoritarian basis. The company just won spectrum in 1800 MHz in six circles and finished an Rs 1,326-crore frank payment. Telenor did not reply to questions from Business Standard. Telenor has told the government the shift would inflict difficult barriers on foreign telcos, as they have to discover an Indian sponsor who is all set to hold up to 10 per cent at all times, and at a time when the last lack craving to invest in the sector. And, it makes no intelligence if the company chooses to list the company and go public.

A top managerial of a leading foreign incumbent telco adds, "There is no such clause in our contracts. But if this is compulsory, serving operators will not drift to the UL at all. And, it will generate a non-level playing field another time."

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