The government has written to the Supreme Court requesting to issue appropriate clarifications on the assignment of spectrum through an administrative process for certain situations. These may include unanticipated state priorities of national security in public interest, or when techno-economic peculiarities preclude the sale of spectrum via a bidding process.
In its plea to the court, the government said that the assignment of spectrum is required not only for commercial telecom services but also for non-commercial use, that is, the discharge of sovereign and public-interest functions, including security, safety and disaster preparedness. The government also stressed that there are specific ‘sui generis’, or unique, categories of usage, including commercial use of spectrum, where technical and economic conditions affect the feasibility of an airwave auction. Thus, auction as the exclusive mode of distribution of this crucial infrastructural asset may create some issues in the allocation in cases of captive use, radio backhaul and one-time or sporadic use.
The government has asked the apex court to pass such an order, or further orders as the court may deem fit.
