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The Attorney General of India is understood to have told the Empowered Group of Ministers that its decision to charge one-time fee from operators with more than 4.4 Mhz spectrum should stand legal scrutiny.
The Attorney General, in his letter to the EGoM, is believed to have said that while issues around policy constraints are appreciated a question may arise whether the reasoning given is not self-contradictory.
The Attorney General had earlier said that the one-time fee should be collected from all operators with more than 6.2 Mhz. This fee should be collected from July 2008 onwards, he had said. But the EGoM overruled this view and decided to impose the fee on all firms with more than 4.4 Mhz spectrum.
He has now asked whether this meant that the contracted spectrum was 4.4 Mhz. The EGoM will meet again tomorrow to consider AG’s response and send a final view for Cabinet’s approval.
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