Legal Provisions Involved: Unified Access Service Licences, 2G Band Spectrum Allocation, Telecom Regulatory Authority of India guidelines

Judgement by: Supreme Court of India

Judge/Bench: Justice Sanjay Kumar and Justice K. Vinod Chandran

Facts

Following the landmark 2G spectrum judgement of 02.02.2012, the Supreme Court quashed licences granted illegally to various telecom operators, including Sistema Shyam Teleservices Limited. However, licensees were permitted to continue operations to prevent public inconvenience whilst fresh auctions were conducted. Notices were issued to Sistema requiring them to pay the reserve price for the spectrum used during the interim period. 

Key Legal Provisions

Unified Access Service Licences, 2G Band Spectrum Allocation, Telecom Regulatory Authority of India guidelines

Issues raised 

What is the ‘starting date’ for levy of reserve price on licensees who continued operations post-quashing?

Arguments of the case

The Appellants argued that reserve price liability commenced from 02.02.2012, the date of quashing, as explicitly stated in the Court’s order dated 15.02.2013 while the Respondent argued that liability should commence only from 15.02.2013, when the specific direction was issued. 

Judgement

The Supreme Court allowed the appeal in part, holding that Sistema must pay reserve price from 02.02.2012 until 30.04.2013 and until 23.03.2013. 

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