The DoT has moved a cabinet note on the issue
of Presidential Reference on the Supreme Court’s judgment cancelling 122
telecom 2G licenses. As per the reports in the news papers, the cabinet note
questions the Supreme Court’s observation against the first-come-first-served
policy for awarding 2G licenses. This note prepared for the approval of the
Cabinet after which the Presidential Reference would be made to the Supreme
Court based on it, raised the following issues to be clarified by the Supreme
Court:
a)
Whether
auction is the only method that has to be adopted by the Government for
allotting natural resources to the private parties. It wants the Supreme Court
to clarify whether auction is mandatory for allocation of any natural resource
to the private parties.
b)
Whether
all the 2G licenses which were issued from 1994 to 2007 without auction be
treated as legal or illegal?
c)
Whether
all such existing operators who were given 2G licenses prior to 2008 and not
cancelled by the Supreme Court judgment (Supreme Court cancelled the licenses
issued in 2008 only) should be charged at the rate to be decided through the
spectrum auction to be held now as per the direction of the Supreme Court’s
judgment?
d)
Whether
the dual technology licenses (For example Reliance Communications has CDMA
spectrum only initially and did not take GSM spectrum. It provided 2G services
using CDMA spectrum. But later on during Raja’s period it was given GSM
spectrum without auction. Like this some other Companies also were given this
dual technology license) are legal or illegal?
e)
Whether
the 3G license given to the Companies whose 2G licenses were cancelled by
Supreme Court, should be given back to the Government?
f)
Whether
the cancelled licensees should be given first preference in the spectrum
auction to be held in near future?
g)
What can be the ceiling on the total quantity
of spectrum that can be held by a telecom company , for the purpose of avoiding
dominance and monopoly in the market.
h)
Whether
auction should be held in case of several spectrum bands (for example the CDMA
800 MHz band) where there will be no competition.
This Cabinet Note made by the DoT with the
above points will be considered by other Departments like law, finance etc
before submission for the approval of the Cabinet. After the approval of the
Cabinet, the Presidential Reference will be made to the Supreme Court on that
basis. There is no mandate for the Supreme Court for considering such a
reference. The Supreme Court has the option not to give its opinion.
Thus it is clear from these questions that most of the 2G licenses which were allocated by the
Goveernment are allocated without auction on the basis of first come first
served policy or some other policy violating the constitutional norms and now
the Government, by pointing out to the Supreme Court through its proposed
Presidential Reference wants to create a picture before the Supreme Court that
if the 2G licenses are to be cancelled since they are allocated without
auction, in such case, not only the 122 licenses canceelled by the Supreme
Court, but all the licenses given prior to 2008 without auction have to be
cancelled and it will lead to chaos in the telecom services sector and
therefore the Government should be left to do what ever it likes, in the name
of the executive having the powers to decide the policy.
But the Government, even thou it is the
Executive of the Country having the aucthority to decide the policy, cannot
decide it as per its whims and fancies, and it has to be decided by following
the norms laid down in the constitution of India. It cannot go on making
policies violating the constitutional provisions and then say cancelling such
policies or the results of such policies will trouble the investors. Let us
wait and watch what the Government will finally decide? Whether it will finally
decide for the Presidential Reference or not?
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కామెంట్ను పోస్ట్ చేయండి