The telecom tribunal TDSAT on Tuesday issued notice to DoT over a petition filed by Aircel seeking allocation of additional GSM spectrum before the proposed auction.
A TDSAT bench headed by its chairman justice SB Sinha issued notice to the department of telecom on Aircel's pleas asking it to file reply within four weeks.
Tata Tele Services and Reliance Communications have also approached the tribunal on this issue.
Filing two petitions, Aircel has sought additional spectrum in Delhi, Mumbai, Rajasthan, Kolkata, Bihar, UP East, West Bengal, Jammu and Kashmir, North East, Orissa and three districts of Assam telecom circle.
In its petition, Aircel has requested the sectoral tribunal "to declare that the petitioner is entitled to the additional spectrum".
Aircel has contended that it is entitled to the allocation of additional spectrum of 1.8 Mhz as per its licence.
Moreover, the operator has also sought damages from the DoT "for the loss suffered due to withholding and non-grant of spectrum by DoT".
"The right to receive additional spectrum is granted as part of the terms of the existing license and the additional spectrum is allocated on meeting criteria set out in DoT's guidelines applicable at the time of application for additional spectrum.
"Aircel has fully met and satisfied the criteria for the grant of additional spectrum. However, the DoT has without giving any lawful reason not allocated such additional spectrum despite repeated requests," the operator said, adding it was a breach of licence condition by DoT.