Auction not best method to allocate satellite spectrum: Mukul Rohatgi

economictimes.indiatimes.com:

Mukul Rohatgi who has said auctioning satellite spectrum isn’t the most appropriate and efficient method of resource allocation.Broadband India Forum (BIF) had sought Rohatgi’s views on whether the law requires that the only way to allocate satellite spectrum is auction. He replied, “No.” BIF also asked whether allocation of satellite spectrum for space-based communication services through a non-auction, administrative route, be permissible in law. Rohatgi said, “Yes.” ET has seen a copy of the 18-page legal opinion. BIF, which counts technology and satcom firms like Oneweb, Nelco, Amazon, Hughes, Inmarsat, Google, Netflix, and Meta as its members, is believed to have shared Rohatgi’s opinion with the Department of Telecommunications (DoT), Telecom Regulatory Authority of India (Trai), Department of Space and Prime Minister’s Office. Satcom companies and telcos Reliance Jio and Vodafone Idea (Vi) are at loggerheads over the mode of allocation of satellite airwaves. Jio and Vi have been batting for an auction model, citing, among others, the 2012 Supreme Court judgement, which had backed bidding as the way to allocate scarce natural resources. Satcom companies want spectrum to be allotted without auctions. Commenting on the 2012 Supreme Court judgement and decision on the following presidential reference, Rohatgi said auction cannot be considered invariably a constitutional mandate as it would stand in complete contravention to the scheme of Article 14 of the Constitution. Further, he said allocation of natural resources to the highest bidder may not necessarily be the only way to subserve the common good and at times, may run counter to the public good.

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