All 2G spectrum allocations to mobile operators between 2001 and 2009 were inconsistent with the decisions of the Cabinet or the recommendations of the Telecom Regulatory Authority of India, according to the report submitted by the one-man panel appointed by the Communications Ministry.
Violations
The panel has identified 25 specific instances during 2001-2009 where there appears to have been deviation and violation of laid down procedures. This includes the decision to allow basic operators to offer CDMA-based mobile services in 2003, decision to give additional GSM spectrum beyond 4.4 Mhz in 2001, permission to give dual technology to CDMA operators in 2007, and the allocation of licences to new players in 2008.
“The major finding of the report is that since 2001, the internal procedures adopted by the DoT have not been in tune with the extant policies and directions of Government,” Mr Kapil Sibal, Minister of Communications and IT, said, while revealing the broad highlights of the report.
Mr Sibal had appointed the one-man panel comprising Mr Justice (retired) Shivraj Patil on December 13 to go into the deficiencies in the internal procedures of the DoT in giving 2G licence. The panel has identified a number of officials and Ministers responsible for the flawed decision making since 2001. “A very wide range of public officials have been found at fault, mostly in 2003-2004 and 2007-2008 but we do not want to name them since they have not been given an opportunity to present their case,” Mr Sibal said. The report will be handed over to the CBI for action against officials found guilty.
The report puts all the operators, old and new, in the dock because everyone got additional spectrum based on the flawed procedures. It also puts the BJP-led NDA Government on the back foot for omissions committed between 2001 and 2004. The panel stated that on October 2003, the then Telecom Minister approved the formulation of first-come-first-served policy for grant of licences even though the TRAI, and the Cabinet had earlier suggested that new players should be introduced through multi-stage bidding process.
The panel has suggested various measures to avoid lapses in the future, including conducting an audit on spectrum allocations to determine efficient utilisation.