The government has defended its decision of not putting to auction of 900 MHz spectrum on November 12 along with 1800 and 800 MHz spectrum. Partial.

In its affidavit in Supreme Court it said that no spectrum in the said band of 900 MHz was subject matter of the judgment dated February 2.

“Further, in any event, there is no available spectrum in this band of 900 MHz. The entire 25 MHz of spectrum in the 900 MHz band available for communication purposes is being fully utilized”, the Telecom Secretary R. Chandrasekhar said an affidavit.

The government said that all stakeholders, which moved the court over the partial auction, were aware about TRAI’s recommendation to auction 390 MHz band. It said several operators were already in the process of winding up their business.

It said on November 12 “spectrum in the 2G bands of 800 MHz and 1800 MHz were put to auction in all 22 service areas, as directed by this Court. A total quantum of 95 MHz of spectrum (CDMA) was put to auction in the 800 MHz band and a total quantum of 295 MHz (GSM) was put to auction in the 1800 MHz band, making a total of 390 MHz (as against the quantum of spectrum of 473.6 MHz (413.6 MHz in 1800 MHz band and 60 MHz in 800 MHz band) allotted to the 122 licensees). In the auction conducted, no bidding interest was expressed for spectrum in the 800 MHz band.

It submitted that the non-auction of any spectrum in the 900 MHz band does not in any manner contravene the direction of this Court contained in paragraph 81(iii) of its judgment and furthermore there is no available spectrum for auction / allocation in this band.”

The government’s decision for not putting the entire spectrum to auction held on November 12 came in for sharp criticism by the Supreme Court. The government put up 390 MHz for sale out of the 473 MHz vacated following the cancellation of licences.