Centre seeks SC clarification on if it could allocate airwaves without competitive action to address ‘unanticipated’ priorities

The government on Monday sought a clarification from the Supreme Court on if it could allocate airwaves administratively – without holding competitive auctions – to address unanticipated state priorities such as national security, in broader public interest, or when techno-economic peculiarities preclude the sale of spectrum through a bidding process.

“Issue appropriate clarifications that the government 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,” the application stated.

The bench led by Chief Justice DY Chandrachud asked the Attorney General to send a email for urgent hearing.

“That, assignment may require to be undertaken administratively due to economic conditions such as demand being lower than supply or due to technical conditions such as spectrum for space communication, where it would be more optimal and efficient for spectrum to be shared by multiple players, rather than being broken up into smaller blocks for sole purpose of exclusive assignment by auction,” the government said.

The government’s plea 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.

“That, assignment of spectrum is however required not only for commercial telecommunication services, but also for’ non- commercial use for the discharge of sovereign and public interest functions such as security, safety, disaster preparedness, etc. There are also specific sui generis categories of usage owing to the characteristics of the spectrum, or the nature of use, or international practices etc., in respect of which auctions are not technically or economically preferred or optimal (e.g.in the case of captive, backhaul or one time / sporadic use). None of these instances were under consideration before the SC in the CPIL

Judgment,” the government told the SC.