Freeze spectrum, DoT advised

Solicitor General feels report on the subject should be awaited before further allotment.

In response to an opinion sought by the Department of Telecommunications, Solicitor General of India, Goolam Vahanvati, has said that no further allotment of spectrum beyond 6.2 MHz should be made to telecom operators till the report of the committee on its pricing and allocation is received.

If the opinion is acted upon it would affect companies like Bharti Airtel, Vodafone, Reliance Communications, Idea Cellular and Aircel, which have applied for extra spectrum in other circles. Such a move could delay their expansion plans in the circles in which extra spectrum is applied for.

The Solicitor General’s opinion was sought on a clarificatory petition filed in response to a decision by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on March 31, stating that existing operators do not have any vested right to receive GSM spectrum beyond 6.2 MHz.

Therefore, the tribunal directed DoT to review the subscriber-based allotment of extra spectrum and appropriately revise the figures within a month of receipt of the report of the committee constituted by the DoT in June 2008. The committee is looking at the pricing and allocation of spectrum in the country.

According to the petition, the allotment of spectrum beyond 6.2 MHz should continue to those operators who meet the subscriber-linked criteria laid down on January 17, 2008, as recommended by the Telecom Regulatory Authory of India (Trai).

Vahanvati has said as per the TDSAT judgement, revisions would have to be made after the spectrum committee gives its report and it is approved by the authorities. He also clarified that it would only be for the spectrum allotted beyond 6.2 Mhz. Subsequent to receipt of the report, proper effect would have to be given to the judgement, asking for the return of excess spectrum whereever necessary.