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New Delhi, Sept. 10: Russian telecom major Sistema today said its participation in the November auctions depended on clarity regarding spectrum availability and the outcome of its curative petition in the Supreme Court.

Sistema is also now in a position to start legal proceedings against India under the country’s bilateral investment promotion and protection agreement with Russia as the mandatory six months had passed since it had issued notice to invoke investment protection rules without the dispute getting settled amicably.

“Legal constraint was one (reason) we couldn’t start the proceedings earlier than six months after the notice. Now, technically we can start legal proceedings anytime,” Sistema Shyam Teleservices Ltd (SSTL) president and CEO Vsevolod Rozanov said. SSTL is a joint venture between Sistema and India’s Shyam group.

“Spectrum auction participation is secondary, we are awaiting the outcome of our curative petition with the Supreme Court,” Rozanov said. He added that there was zero visibility on the road map for gaining spectrum.

Last week, Abu Dhabi-based Emirates Telecom (Etisalat) had said it would not participate in the auction. Etisalat has a joint venture with DB Realty in India.

During the April-June quarter, Sistema Shyam’s losses widened to Rs 1,180.1 crore because of a fall in the rupee against dollar.

The company had suffered a loss of Rs 657.6 crore in the year-ago period. SSTL’s licences are valid till January 18, 2013.