September 29, 2023

(Ashish Katwa, Analysis Analyst, Bonanza Portfolio)

The nation’s apex courtroom — Supreme Court docket — has requested the federal government to file an affidavit stating that telecom operator Bharti Airtel should pay lesser spectrum utilization prices (SUCs) to be paid by telecom operator Bharti Airtel. The courtroom directed Division of Telecommunications (DoT) to file an affidavit stating that Airtel should pay decrease SUCs as compared with the brand new gamers who have been allotted airwaves below the 2016 public sale.

Based on a report in Financial Occasions, the bench led by Justice Sanjiv Khanna, whereas listening to the DoT attraction, informed extra solicitor common Vikramjit Banerjee that the the division ought to file “an affidavit stating on oath” that Bharti Airtel when it comes to the sectoral tribunal’s order “could be liable to pay decrease/lesser SUCs as compared with the brand new gamers who have been allotted spectrum below the 2016 telecom coverage/public sale”.

DoT claimed to have acted arbitrarily
The report additional mentioned that the courtroom requested DoT to present a chart indicating the income distinction between the 2010 and 2016 auctions. For perspective, the telecom division had challenged the Telecom Disputes Settlement and Appellate Tribunal’s December 21, 2021 ruling that quashed a clause in its August 2016 workplace order associated to SUCs for various spectrum bands.

Each Bharti Airtel and Bharti Hexacom had moved the tribunal in opposition to the 2016 clause alleging that the DoT had acted arbitrarily and unreasonably in excluding the spectrum in 2300 MHz and 2500 MHz bands acquired or allotted previous to 2015-2016 for figuring out the ground quantity of SUC to be paid by the operators.

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