DoT grants approval to transfer VSAT Undertaking of Airtel to Hughes

DoT has recently issued this circular :
“Consequent to the sanction of ‘the Composite Scheme of Arrangement between Bharti Airtel Limited, Bharti Airtel Services Limited, Hughes Communications India Private Limited, HCIL Comtel Private Limited and their respective shareholders and creditors’ (hereinafter, referred to as, “the Scheme”) by the Hon’ble National Company Law Tribunal (NCLT), Principal Bench, New Delhi vide its order dated March 23, 2021 passed in the Company Petition (CM)-65 (PB) of 2020 connected with CA (CAA)-186(PB) of 2019, the approval of the Competent Authority is hereby accorded to take on record the transfer of “VSAT Undertaking 1” of M/s Bharti Airtel Limited (“Transferor Company 1”) to M/s Hughes Communications India Private Limited (“Transferee Company 1”).

The VSAT CUG Service Authorisation under the Unified License No. 20-430/2014 AS-I/39 dated October 16, 2014 held by M/s Bharti Airtel Limited shall stand cancelled on the “Effective Date’ of the Scheme.

The following assets/ resources granted to M/s Bharti Airtel Limited by Department of Telecommunications (DoT) shall stand transferred to M/s Hughes Communications India Private Limited on the Effective Date of the Scheme:

(a) All assets/ resources in respect of the VSAT CUG Service Authorisation under the Unified License No. 20-430/2014 AS-I/39 dated October 16, 2014;

(b) Satellite spectrum assets relating to the VSAT CUG Service Authorisation and the NLD Service Authorisation under the Unified License No. 20-430/2014 AS-I/39 dated October 16, 2014; and

(c) Any other licenses, approvals, clearances, resources etc. pertaining to the VSAT Undertaking 1 of M/s Bharti Airtel Limited as approved by the Hon’ble NCLT vide its order dated March 23, 2021.

The following liabilities of M/s Bharti Airtel Limited towards DoT shall stand transferred to M/s Hughes Communications India Private Limited on the Effective Date of the Scheme:

a) All liabilities in respect of – (i) the VSAT CUG Service Authorisation under the Unified License No. 20-430/2014 AS-I/39 dated October 16, 2014, and (ii) the satellite spectrum assets relating to the VSAT CUG Service Authorisation under the Unified License No. 20-430/2014 AS-I/39 dated October 16, 2014; and

b) All liabilities in respect of any other licenses, approvals, clearances, resources etc. pertaining to the VSAT Undertaking 1 of M/s Bharti Airtel Limited as approved by the Hon’ble NCLT vide its order dated 23.03.2021.

All liabilities of M/s Bharti Airtel Limited towards DoT in respect of the NLD Service Authorization under the Unified License No. 20-430/2014 AS-I/39 dated October 16, 2014 shall continue to remain with M/s Bharti Airtel Limited.

M/s Bharti Airtel Limited and M/s Hughes Communications India Private Limited shall convey the Effective Date of the Scheme to DoT forthwith.”
CT Bureau