The Indian government has filed a petition with the Supreme Court seeking clarification on the allocation of spectrum for specific purposes. The government’s petition argues that certain spectrum resources cannot be auctioned due to their unique nature or international practices and should be assigned administratively. This request comes despite the court’s 2012 mandate for spectrum auctions following the 2G scam. However, the government has continued to allocate spectrum for specific requirements, such as defense, public infrastructure, and satellite communication.
The government’s petition highlights the need for carveouts in spectrum allocation for certain cases. It argues that auctions may not be technically or economically preferred or optimal in these instances. The petition also notes that the court’s previous ruling did not take into account the need for such exceptions.
In response to the government’s petition, the Supreme Court has scheduled a hearing. The court will consider the government’s arguments and decide whether to modify its earlier ruling on spectrum allocation.
The government’s request for clarification on spectrum allocation has implications for the telecommunications industry in India. If the Supreme Court allows the government to allocate spectrum administratively for specific purposes, it could impact the availability and pricing of spectrum for commercial use. The outcome of the court’s decision will be closely watched by industry stakeholders and consumers alike.
In addition to the Supreme Court petition, the government has also passed a new telecom law in December 2022. This law includes provisions for exemptions in spectrum allocation, including those sought by the government in its petition. The government maintains that it will continue to follow the auction route for commercial use of spectrum, such as mobile communication services.
The Department of Telecom (DoT) is currently working on the next round of auctions for 5G and other services, which is expected to take place in June. The outcome of the Supreme Court’s decision on spectrum allocation will likely impact the DoT’s plans for these auctions.
