The Hindu (Delhi)

SC rejects plea for allocating spectrum without auction

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The Supreme Court has declined to receive an applicatio­n by the Centre to allow the administra­tive allocation of spectrum.

The Registrar found the applicatio­n for clari–cation misconceiv­ed. Spectrum, a scarce natural resource, is allocated to private players only through open, transparen­t auction.

The law was laid down on this issue by the Supreme Court 12 years ago in the 2G spectrum judgment.

‘Administra­tive allocation’ of spectrum would have government in sole charge of selecting operators to distribute airwaves, considered a scarce resource.

The Registrar invoked Order ◣V Rule 5 of the Supreme Court Rules, 2013 to decline the applicatio­n. Under this provision of the 2013 Rules, the Registrar may refuse to receive a petition on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matter.

15 days to appeal

The government has 15 days to appeal to the court.

The applicatio­n –led by the Union government had said spectrum was assigned not only for commercial telecom services but also for discharge of sovereign and public interest functions such as security, safety, disaster preparedne­ss, etc.

“There are also sui generis categories of usage owing to the characteri­stics of the spectrum, or the nature of use, or internatio­nal practices, etc, in respect of which auctions are not technicall­y or economical­ly preferred or optimal,” the Centre had submitted in its applicatio­n.

The February 2012 judgment in the 2G spectrum case held that “for alienation of scarce natural resources like spectrum, etc, the state must always adopt a method of auction by giving wide publicity so that all eligible persons may participat­e in the process”.

Months later, in September 2012, a Constituti­on Bench, deciding a Presidenti­al Reference based on the 2G spectrum case judgment, had also refused to disturb the verdict.

 ?? ?? ‘Administra­tive allocation’ of spectrum will put Centre in sole charge of selecting operators to distribute airwaves.
‘Administra­tive allocation’ of spectrum will put Centre in sole charge of selecting operators to distribute airwaves.

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