HC asks DoT to file affidavit on 3G auction

The Delhi High Court today asked the Centre to keep it posted on the latest developments on auctioning of 3G spectrum (radio frequency) for next generation mobile services.

A bench headed by the Chief Justice A P Shah asked Department of Telecommunications (DoT) to file an "affidavit" by January 24 when the matter would be taken up for further hearing.

The court passed the order on a PIL filed by an NGO seeking direction to the government to also auction spectrum that DoT expects the defence ministry to vacate. At present, the DoT proposes to auction only the frequency that is readily available with it now.

The NGO, Society for Awareness and Development, said that the decision of the DoT not to auction the whole spectrum at one go is arbitrary and it was done to benefit some companies.

"The auction is being conducted in a completely non-transparent and an unfair manner only with a view to favouring certain identified parties," the petition said.

"The information memorandum on auction suppresses the total available spectrum and only gives the figures of the spectrum proposed to be alloted," the petition said, adding that "the decision is unfair, arbitrary and against public interest".

The petitioner also pointed out the government's decision is contrary to the Trai recommendation that on December 8 had suggested that the spectrum should be auctioned at one go.

"The government should be directed to disclose the availability of present and future 3G spectrum and auction the entire spectrum available at one go," the petitioner said.

The Ministry of Communications, however, opposed the petition and advocate Sanjay Hegde argued that the plea should be dismissed. The Court will hear the matter on January 24.