NEW DELHI: In a bid to avoid future legal challenges, the Department of Telecommunications (DoT) on Monday sought a clarification from the Supreme Court if it could allocate satellite spectrum to service providers without an auction.
The DoT also requested an urgent hearing of the matter. Chief Justice DY Chandrachud’s bench has asked the Attorney General to request an urgent hearing via email. In a petition, the government requested the court to issue appropriate clarifications that the DoT may consider the assignment of spectrum through administrative process, if so determined through due process in accordance with law, and if such assignment is in pursuit of governmental functions, or public interest so requires, or auction may not be preferred due to technical or economic reasons.
“Issue appropriate clarifications that the Govemment may consider the assignment of spectrum through administrative process if so deternined through due process in accordance with law, and if such assignment is in pursuit of governmental functions, or public interest so requires, or auction may not be preferred due to technical or economic reasons; and Pass such other order or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice,” said the government.
The plea of DoT comes in the wake of a 2012 Supreme Court judgement and a Presidential reference that prescribed competitive auctions for distribution of natural public-owned resources such as spectrum. However, the Telecommunication Act, of 2023 passed in December 2024 mandates auction for spectrum for terrestrial networks. The bill also mentioned that the re should be no auction for providing satellite communication in the country. The move was welcomed by the satellite communication players such as Bharti Airtel, , its UK-based partner OneWeb, and international satcom providers like Amazon’s
Project Kuiper and Starlink. Interestingly, India’s largest telecom operator Reliance Jio is in favour of the auction. In fact, Jio has said to have written to DoT against the administrative allocation of satellite spectrum for commercial services. The company is of the view that going forward sitcom services will compete with terrestrial networks as both will be connecting the mobile consumers.