DoT requests SC explanation about spectrum allotment

The Department of Telecommunications (DoT) asked the Supreme Court on Monday to clarify whether it may distribute satellite spectrum to service providers without holding an auction in an effort to avert potential legal challenges.

Additionally, the DoT asked for an expedited hearing on the case. The bench of Chief Justice DY Chandrachud has instructed the Attorney General to send a plea for an urgent hearing. In a petition, the government asked the court to provide the necessary clarifications, stating that the DoT may take into account the administrative distribution of spectrum if it is determined through due process in compliance with the law, and if the public interest so demands, or if the auction may not be preferred for technical or financial reasons.

“Provide appropriate clarifications that the Government may take into account the administrative transfer of spectrum if it is determined through due process in compliance with the law, and if such a transfer is in pursuit of governmental functions, or public interest so demands, or if auction may not be preferred due to technical or financial reasons; and Issue such other order or further orders as this Hon’ble Court may deem appropriate and proper in the facts and circumstances of the present case and in the interest of justice,” the government stated.

The Department of Transportation’s appeal follows a 2012 Supreme Court ruling and a Presidential referral that mandated competitive auctions for the allocation of naturally occurring publicly owned resources, including spectrum. On the other hand, the Telecommunication Act of 2023, which was approved in December 2024, requires terrestrial networks to sell off their spectrum. The measure also said that the nation should not hold an auction to provide satellite communication. The decision was applauded by global satellite communication providers including Amazon’s, Bharti Airtel, and OneWeb, its partner in the UK.

Kuiper Project and Starlink. Reliance Jio, the biggest telecom provider in India, oddly supports the auction. Jio has reportedly written to the DoT objecting to the administrative distribution of satellite spectrum for use in commercial services. According to the corporation, because both sitcom and terrestrial networks will link mobile users, sitcom services will face competition in the future.