DoT has requested the Ministry of Law to decide on a date from which the onetime fee for 2G spectrum can be charged retrospectively.
Recently, the Telecom Commission had cleared the proposal to impose a one-time fee on all GSM-based operators holding spectrum beyond the 6.2 MHz limit and CDMA-based operators holding spectrum above 5 MHz. Further, the commission had stated that this one-time charge would be based either on a pro-rated 3G spectrum price, or on the method suggested by the Telecom Regulatory Authority of India (TRAI), whichever is higher. According to TRAI, the additional 2G spectrum held by incumbents should be charged at an average of 1.65 times the price of 3G airwaves.
The department now wants the law ministry’s opinion regarding whether this one-time charge for additional spectrum should be applicable from the time the airwaves were allotted. The commission further needs suggestion regarding whether only those licensees who had been intimidated should be charged.
Further, the commission wants legal opinion regarding its decision that operators pay market rates for the spectrum they hold, when their permits come up for renewal in 2014.
