Results for: Spectrum Allocation

The Union government has filed an application before the Supreme Court seeking permission to allocate spectrum through administrative processes in certain cases, instead of mandatory auctions. This move comes over a decade after the landmark 2G spectrum judgment, which had ordered the auction of spectrum to ensure fairness and transparency. The government’s plea argues that administrative allocation may be preferred in specific situations, such as for non-commercial spectrum assignments or when demand is lower than supply. The Supreme Court has agreed to consider the application, which also highlights the government’s reliance on the 2012 Presidential reference, which suggested that auction may not be the sole method for spectrum allocation.

The Telecom Regulatory Authority of India (Trai) is set to begin a fresh round of consultations on the allocation of spectrum for satellite broadband communications. The previous consultation process will not be carried forward due to the enactment of the new telecom law. Trai will provide recommendations on the allotment mechanism, frequencies, and pricing, among other aspects.

The Indian government has approached the Supreme Court seeking clarification on spectrum allocation for specific purposes, including defense, public infrastructure, and satellite communication. The government argues that certain spectrum resources cannot be auctioned due to their unique nature or international practices and should be assigned administratively. Despite the court’s 2012 mandate for spectrum auctions following the 2G scam, the government has continued to allocate spectrum for specific requirements. The new telecom law passed in December 2022 also provides for exemptions in spectrum allocation. The government emphasizes that it will maintain the auction route for commercial use of spectrum, such as mobile communication services.

The Indian government has reiterated that spectrum allocation for telecom services will primarily be done through auctions. However, administrative allocation will be considered in specific cases such as satellite communications, sovereign functions, or the armed forces. This clarification was provided in response to ongoing legal challenges and ahead of the introduction of the Telecommunications Act 2023. The government has approached the Supreme Court for clarification on whether administrative allocation is permissible under certain circumstances where auctions are not feasible.