The day before yesterday the TRAI concluded the open house on the assignment of spectrum for space-based communication services. It was clear from the discussions that the TRAI is constrained by the DOT’s reference to its intention to auction space-based spectrum for satellite service on an exclusive basis (clause 1.4b, page 5, CP dated 6th April 2023). TRAI’s problem has been further aggravated by the fact that DOT also wants TRAI to explore the feasibility of sharing auctioned spectrum among multiple service licensees – analogous to having the cake and eating it too. In this article, I will like to discuss the reason for DoT insisting on auctions as a means for assigning satellite spectrum and how the core values of SC’s 2G judgment will get compromised in case the airwaves for satellite services are assigned through auctions.
Presidential Reference
Before we proceed further, let’s understand the background under which these deliberations are taking place. In 2012, when the SC’s judgment on the 2G case called for the assignment of all spectrum through the process of auction, the GOI through the President of India, under article 143(1) of the constitution, filed a reference to the SC for clarification and restoration of the powers of the executive on deciding the criteria of allocation of all natural resources. In response to this reference, the SC issued a detailed clarification that restored the powers of the executive in regard to the allocation of natural resources. However, while doing so it made the following key mentions. The most important one (Clause 62) is reproduced below for ready reference.
