New Delhi: A Delhi court on Tuesday sought CBI's stand on a plea by all 17 accused in the 2G spectrum case, including former Telecom Minister A Raja and DMK MP Kanimozhi, for making the TRAI report a part of the court's records.
   
All the accused, including the three telecom firms and their promoters, proprietors and top executives, moved the court of Special CBI Judge O P Saini seeking direction to the investigating agency to file the TRAI report, which has said there was no loss to the exchequer in allocation of 2G spectrum.
   
The report has also recommended against both auctioning of radio waves and revising entry fee for telecom firms.
   
The Comptroller and Auditor General had assessed a "presumptive loss" of Rs 1.76 lakh crore to the state exchequer, while the CBI, during its probe into the 2G scam, had pegged the loss at Rs 30,9884 crore.
   
Seeking its stand on the scam accused plea, Special Judge Saini issued notice to the CBI and fixed September 9 for arguments on their plea.
   
Appearing for Raja, senior counsel Ramesh Gupta sought the court's direction to the CBI to bring the latest TRAI report on court's record.
   
So did Swan telecom promoter Shahid Usman Balwa's counsel Vijay Aggarwal. In an application, he told the court, "The CBI has no scientific or technical expertise to determine the loss. In fact, CBI has itself made an admission in the chargesheet that the TRAI report is awaited for calculating the quantum of loss."

Aggarwal said the basic question for the court is to determine whether there is any loss to the exchequer and if TRAI recommended that the spectrum be auctioned.
   
"Thus for deciding the same question, the TRAI report is essentially required as the same is a vital document and the same is relied even by the CBI in the charge sheet by stating it to be awaited," Aggarwal said, adding "it is an essential document and now in the possession of the CBI".
   
Aggarwal also sought directions to the CBI to call for the Union Law Ministry report to the Department of Telecom on applicability of clause 8 of Unified Access Service License (UASL) guidelines, which, as per the report, purportedly applies only to companies holding a telecom license and not to the applicants.
   
The law ministry report has also purportedly clarified the definition of term 'associate'.
   
Balwa's counsel had earlier argued before the court that his company Swan Telecom as an applicant for the 2G license was not covered by the clause 8 of the UASL guidelines, which says no single company, either directly or through its associates, should have substantial equity holding in more than one license company in the same service area for the same service.
   
He had said the said clause was applicable only to the existing license.
   
Reliance Telecom, which also moved an application for having TRAI report on court's record, had contended that Reliance ADAG firm did not violate guidelines as its equities were below 10 per cent in the Shahid Balwa-promoted firm and that what is to be seen is whether Clause 8 of UASL guidelines was violated or not on the date of grant of license and not on the date of application.

RTL executives Gautam Doshi, Surendra Pipara and Hari Nair, Cineyug Films director Karim Morani, Raja's personal secretary R K Chandolia and former telecom secretary Siddhartha Behura, DMK MP Kanimozhi and Kalaignar TV MD Sharad
Kumar also demanded that CBI submit the TRAI report.
   
Earlier, during the arguments on framing of charges, the accused had contended that the policy followed by Raja was in line with the TRAI recommendations that 2G should not be auctioned and that the entry fee should not be revised.
   
Sibal cautions telcos on profits

Meanwhile, Telecom Minister Kapil Sibal on Tuesday warned that growth of the telecom industry would be hurt if companies did not align their profit-making motives with the national interest and such a scenario could lead to over-regulation of the sector.
    
"If national interest is on one platform and you are on a profit-making platform, nothing is going to work. If the growth does not benefit the country, then there will be regulations," Sibal said while speaking at an international workshop on regulatory frameworks, organised by telecom sector regulator TRAI.
    
He emphasised that regulation was required to prevent the abuse of existing facilities, but over-regulation would hurt growth.
    
At the same time, the minister also asked the telecom companies to collaborate with each other and favoured sharing of spectrum between various players.
    
"It's time for us to consolidate industry. We can't afford 12-13 players in a circle. I think spectrum can be shared and I don't think there is a need for over-regulation for this," the Minister said.
    
Speaking at the TRAI event on Tuesday, the Telecom Minister said a larger share of the available spectrum in the country should be given to telecom players for better delivery of services.
Sibal said that promoting indigenous manufacturing industry is in the long-term interest of foreign entrepreneurs as well.
    
"Not just manufacturing of components, but sync with indigenous manufacturing industry so that we are self-sufficient to large percentage," he advised the telecom sector players.
    
Telecom players have on various occasions opposed the government's proposal to make it mandatory for them to purchase a fixed percentage of their overall equipment requirement from indigenous manufacturers.
    
Sibal also expressed concern over the non-availability of content that will drive growth of the industry.
    
(Agencies)