Supreme Court

HBL – 2G auction: Existing players may be allowed only one slot of 1.25 Mhz

THOMAS K THOMAS

NEW DELHI, JUNE 11:

The Government may allow incumbent players to bid for only one slot of 1.25 Mhz spectrum in the upcoming 2G auction. There will be no such cap on new players taking part in the auction.

According to the auction plan being finalised, there will be at least 8 slots of 1.25 Mhz each up for grab. Even if four of the top incumbent players grab a slot each, there will be four more slots available for new players.

This opens up the door a wee bit for new operators as they will be permitted to buy a minimum of two slots each, according to the decision taken by the Empowered Group of Ministers at its meeting on June 5. In addition, the new entrants can buy one more slot.

Top Government officials said that the auction rules were being made keeping in mind… Continue reading

2G: Supreme Court to begin hearing on government’s Presidential Reference from July 10

 
While issuing notices to the state governments and industrial chambers FICCI and CII seeking their responses, the Supreme Court on Friday said that it would begin hearing from July 10 on Presidential Reference moved by the government on issues arising out of the cancellation of 122 spectrum licences on February 2 this year.

 

The controversial issue that emerged following the apex court verdict is whether auctioning of natural resources across all sectors is mandatory.

The government has also sought SC’s opinion on retrospective effect for radio waves granted since 1994.

The court also issued notices to the NGO, Centre for Public Interest Litigation (CPIL) and Janata Party President Subramanian Swamy on whose petitions a bench comprising justices G S Singhvi and A K Ganguly (since retired) had delivered a judgement on February 2 cancelling 122 telecom licences by holding that the first-come-first-served policy was illegal and unconstitutional.

The… Continue reading

Supreme Court permits Centre to withdraw 2G review plea

NEW DELHI: A five-judge constitution bench of the Supreme Court on Friday will hear the presidential reference seeking the apex court’s opinion on a host of queries arising from the 2G judgment, including whether judiciary had encroached into the executive’s policy domain by mandating auction for allocation of natural resources including spectrum.

The Presidential Reference No. 1 of 2012 is listed for hearing before a bench comprising Chief Justice S H Kapadia and Justices D K Jain, J S Khehar, Dipak Misra and Ranjan Gogoi. In a 12-page reference under Article 143(1) of the Constitution, the President on April 12 had sought the court’s opinion on eight questions, including the effect of the judgment — which ordered auction of the 122 cancelled 2G licences — on spectrum allotted since 1994 on a first-come first-served basis (FCFS).

The main focus of the reference was “whether the only permissible method for disposal… Continue reading

2G spectrum: India Govt. to withdraw review petition from Supreme Court

Telecom Lead India: The India government has decided to withdraw from the Supreme Court its plea for review of the 2G judgment, which had held that natural resources should be allotted to private companies only through auction and not on the basis of first-come-first-served (FCFS) policy.

 

A letter, circulated in this regard to the parties linked to the matter, said an application would be moved on May 10 for withdrawing the petition seeking review of the February 2 judgment, which held the FCFS policy unconstitutional, while cancelling the 122 2G licences, allotted during the tenure of former telecom minister A Raja.

 

The Centre’s letter circulated to various parties said, “In view of the fact that only limited notice has been issued, the petitioners do not want to press the review petition and will be praying for withdrawal of the review petition.”

 

The apex court on April 13… Continue reading

2G spectrum case: Uninor moves Supreme Court against Trai, Sistema files curative petition

NEW DELHI: Norway’s Telenor-owned Uninor on Friday moved the Supreme Court challenging the controversial auction proposals of the Telecom Regulatory Authority of India (Trai) and said its recommendations violated the letter and spirit of the apex court orders, the latest salvo in the escalating battle between telecom companies and the regulator.

The company has asked the Supreme Court to direct the regulator and the telecom department to conduct the new rounds of auctions for all the cancelled spectrum and to ensure that all the operators whose licences were scrapped by the court in February have the opportunity to obtain airwaves, said a spokesman.

Telenor, which earlier said it would exit India should the Trai’s recommendation gets accepted, is the first operator to approach the Supreme Court against the proposals. “Taking advantage of the (February 2 SC) order, Trai is attempting to complicate a straightforward task with regulatory planning for 20… Continue reading

Cabinet approves presidential reference on 2G order

10 April 2012 – 9:30pm
By IANS,

New Delhi : As part of the government’s strategy to sort out the 2G spectrum tangle, the cabinet Tuesday approved a proposal to issue a presidential reference seeking more clarity on the Supreme Court’s order revoking 122 licences.

The presidential reference note includes key questions such as what was to be done to the licences that have been granted using the first come, first served basis.

It also asks what would happen to companies like Norway’s Telenor, which did not participat in the bidding but had invested in a joint venture to launch 2G services.

Through Article 143 of the Indian constitution, the president can refer matters of public interest to the Supreme Court.

Sources said the presidential reference had been drafted taking inputs from various ministries and the attorney general.

In this particular case, President Pratibha Patil would ask the Supreme Court… Continue reading

2G: Supreme Court issues notice on review petition

IANS

New Delhi, April 13: The Supreme Court Friday issued notice on the government’s plea seeking a review of its verdict cancelling 122 2G licenses and holding that an auction was the only route for disposing of natural resources.

The apex court, by its Feb 2 verdict, had also held that the policy of allocating 2G licenses on a first-come-first-served basis was flawed.

An apex court bench of Justice G. S. Singhvi and Justice K.S. Radhakrishnan issued notice when it took up government petition seeking review of the 2G verdict in the open court.

When Additional Solicitor General Indra Jaisingh wanted to know the scope of applicabilty of 2G verdict, the court said that these were just apprehensions.

 

Uninor challenges TRAI’s 2G auction recommendations in Supreme Court

 

Uninor on Tuesday approached that Supreme Court against the Telecom Regulatory Authority of India’s (TRAI) recommendations on 2G spectrum auction.

 

Uninor which is a joint venture between Norwegian telecom major Telenor and India’s Unitech Wireless is set to lose 22 spectrum licences allotted in 2008 following the apex court’s February 2 verdict.

 

“Today, we sought the Supreme Court’s permission to file an interim application to bring this to the court’s attention. The court has allowed us to file an application and stated that it is open to hearing our arguments, ”Uninor said in a statement.

 

Uninor which filed an application in the apex court is of the view that the new TRAI recommendations would leave a large chunk of spectrum, which will create artificial scarcity and a sharp rise in its price.

 

“Whatever comes back to the government after cancellation of… Continue reading

Supreme Court extends deadline for 2G auction

NEW DELHI: The Supreme Court on Tuesday extended the deadline for auction of 2G spectrum licences from June 2 to August 31 and said holders of 122 cancelled licences would continue to provide services to 69 million mobile phone subscribers in 22 telecom circles till September 7.

This means the government has to complete fresh auction of 122 licences by August 31 as was done in allocation of 3G spectrum and put in place the new licensees by September 7. There would be no break in mobile phone services as the new licensees would take over the operations in the concerned telecom circle from the old ones within a week between September 1 and 7 without any connectivity disruption.

A bench of Justices G S Singhvi and K S Radhakrishnan allowed partial relief to the government, which got 80-day extension of the deadline though it had requested the court to… Continue reading

Supreme Court gives government time till August 31 for auction of 2G licences

The Supreme Court (SC) on Tuesday fixed August 31 as the deadline for completion of auction to reallocate the 122 2G spectrum licences which it cancelled on February 2. The judgement had not fixed any clear deadline for auction but it was imperative to reallocate spectrum before June 2 to ensure continuity in services.

In what comes as a lifeline for the beneficiaries of the illegal allotment of licences, a Bench presided over by Justice G. S. Singhvi said the existing licences for 2G spectrum will continue to be operational till September 7, 2012, after which they would effectively stand quashed. Though the court had held the allotment to be “wholly arbitrary, capricious and contrary to public interest”, it had stressed in its February 2 judgment that the quashing of licences would come into effect after four months i. e. June 2.

The Centre had subsequently filed an application expressing… Continue reading

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