Encouraged by the Supreme Court's decision to hear its review petition, the Department of Telecom (DoT) is making a fresh bid for a Presidential reference on 2G spectrum allocation.
Through the Presidential reference, the Department seeks to know from the apex court whether all licences issued since 1994 without auction should be cancelled. It has also raised the question as to whether the Government should cancel permits given to dual technology players as well. Besides, it is seeking clarity on whether the Government should withdraw 3G spectrum given to operators whose licences have been cancelled.
The DoT had earlier approached the Cabinet with such a proposal but could not get a favourable decision due to concerns raised by some of the members. Mr Montek Singh Ahluwalia, Deputy Chairman of the Planning Commission, was among those who had opposed the move.
The DoT has readied the reference document for the consideration of the Cabinet after which it will be sent to the President for approval.
Law Ministry ratifies
The proposal has also been ratified by the Law Ministry. “We have taken legal clearance to go ahead with the Presidential reference and therefore will approach the Cabinet again,” said a DoT official, adding that the apex court's decision to hear the review petition on first-come-first served policy was encouraging.
After the apex court had cancelled all 2G licences issued on or after January 2008, the DoT adopted a three-pronged strategy including seeking Presidential reference. It has already filed a review petition and clarificatory petition but the Presidential reference could not be filed due to lack of consensus.
The Planning Commission had earlier said the arguments given by the Telecom Ministry were not convincing.
“I am not convinced that these concerns are valid. I also feel that raising these issues will create unnecessary problems,” Mr Ahluwalia had said in the note to senior Cabinet members.