No.: 20-281/2010-AS-I (Vol.
VII)
Ministry of Communications
Department of Telecommunications
(Access Services Wing)
Sanchar Bhawan, 20, Ashoka Road, New Delhi- 110001
Date: 24.09.2018
Subject: Amendment in the 'Guidelines for Transfer/ Merger of various
categories of Telecommunication service licenses/authorisation under Unified
License (UL) on compromises, arrangements and amalgamation of the
companies' dated 20.02.2014
In pursuance to the clause (5) of the 'Guidelines for Transfer/ Merger of various
categories of Telecommunication service licenses/authorisation under Unified License (UL) on
compromises, arrangements and amalgamation of the companies' dated 20.02.2014
(hereinafter, referred to as "the Merger and Acquisition Guidelines, 2014"), the Department of
Telecommunications, hereby, amends the sub-clause (a) and sub-clause (I) of the clause (3) of
the Merger and Acquisition Guidelines, 2014 as detailed below:
Present Clause Amended Clause
a) The lisensor shall be notified for any a) The Licensor shall be notified for any
proposal for compromise, arrangements proposal for compromise, arrangements and
and amalgamation of companies as filed amalgamation of companies as filed before
before the Tribunal or the Company the Tribunal or the Company Judge. Further,
Judge. Further, representation/ representation/ objection, if any, by the
objection, if any, by the Licensor on such Licensor on such scheme and on the merger/
scheme has to be made and informed to transfer of licenses/ authorizations under
all concerned within 30 days of receipt of Unified License, have to be made and
such notice. informed to all concerned within 30 days of
receipt of such notice. After the scheme is
sanctioned by the Tribunal/ Company Judge,
the Licensor will provide its written approval
within 30 days of receipt of request for
approval to the transfer/ merger of licenses/
authorizations under Unified License.
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No.: 20-281/2010-AS-I (Vol. VII)
I) If, as a result of merger, the total I) If, as a result of merger, the total spectrum
spectrum held by the relevant entity is held by the resultant entity is beyond the
beyond the limits prescribed, the excess limits prescribed, the excess spectrum must
spectrum must be surrendered within be surrendered or traded within one year of
one year of the permission being the permission being granted. The applicable
granted. The applicable Spectrum Usage Spectrum Usage Charges on the total
Charges on the total spectrum holding of spectrum holding of the resultant entity shall
the resultant entity shall be levied for be levied for such period. If the spectrum
such period. If the spectrum beyond beyond prescribed limit is not surrendered or
·prescribed limit is not surrendered within traded within one year, then, separate action
one year, then, separate action in such in such cases, under the respective licenses/
cases, under the respective licenses/ statutory provisions, may be taken by the
statutory provisions, may be taken by Government for non-surrender/ non-trade of
the Government for non surrender of the the excess spectrum. However, no refund or
excess spectrum. However, no refund or set off of money paid and/ or payable for
set off of money paid and/ or payable for excess spectrum will be made.
excess spectrum will be made.
2. The afore-mentioned amendments in the Merger and Acquisition Guidelines, 2014 shall
come into effect immediately.
(Sujit Kumar)
ADG (AS-V)
For and on behalf of the President of India
Tel: 011-23036416
To,
The Director (IT), DoT-Hq, New Delhi for publishing on the web-site of the Department
of Telecommunications
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