New Delhi: Auction remains the preferred way to allot a natural resource like spectrum, Attorney General R Venkataramani has told the Department of Telecommunications<\/a> (DoT), officials aware of the matter said. The AG’s views deal a setback to enterprises such as Infosys<\/a>, GMR, L&T<\/a> and Tata Communications<\/a> who want 5G airwaves<\/a> to be allocated through the administrative route for setting up private captive networks.

The DoT had sought the Attorney General’s (AG) opinion on the matter, after framing guidelines for
private networks<\/a>, in which direct or administrative allocation – or allotment without auction — of airwaves to enterprises was also listed out as one of the options.

“The AG has said that keeping in mind the principle that any community resource, in all circumstances, should be allocated in a manner that may fetch best return possible and the allocation of the resource through the auction process is found desirable,” one of the officials said, elaborating on the view of the government’s senior-most legal officer.

\"\"
<\/span><\/figcaption><\/figure>
Questions can be raised later
<\/strong>
Even though the DoT had already framed guidelines which clearly differentiated between commercial and non-commercial spectrum, the AG was of the view that questions could still be raised around the ‘assessment or evaluation criteria’ in case of administrative allocation.

“This (assessing if a spectrum is for commercial or non-commercial use) could be subject to interpretation. The top legal officer has referred to the 2G controversy, which arose because of questionable criteria of first-come-first-serve basis for allocation of spectrum,” another official said.

The AG’s view is that while the government can take a stand on the classification of spectrum and that a particular bandwidth does not need to be auctioned, some could still raise questions at a later stage, like it happened in the 2G case, the officials said.

The department has been advised to come out with a tighter set of guidelines for the purpose of administrative assignment which should be ‘watertight’ and insulate the process from any legal challenge. “The DoT needs to go back to the AG with the revised guidelines. The AG will then decide if there is a need to go to the Supreme Court for seeking further clarity on the allocation process,” the first official said.

ET’s emailed queries to the AG’s office went unanswered as of press time.

The issue of direct allocation of spectrum to enterprises has been a contentious one, pitching technology firms against telecom operators. Telcos have opposed any direct allocation alleging that it would distort the level playing field and give technology players a backdoor entry to provide 5G services to enterprises. Tech companies want spectrum directly from the government for setting up captive networks, saying enterprises should not need to depend on telcos.

The DoT has been taking an ultra-cautious route in this matter.
<\/p>

Read also<\/h4>
<\/a><\/figure>
DoT planning to set up Digital Communication Readiness Index (DCRI), to map, track states’ performances<\/a><\/h5><\/div>
<\/a><\/figure>
65% telecom towers need fiberisation; 12L towers to be deployed to make India 5G-ready<\/a><\/h5><\/div><\/div><\/div>
ET had reported in its January 12 edition about DoT’s move to seek legal opinion regarding allocation of spectrum to enterprises for rolling out private captive networks and if it can be done through auction or administrative allocation. While the Cabinet in June 2022 had approved direct allocation to enterprises, it had not spelled out the specifics around the methodology.

According to the initial guidelines on private networks released by the DoT, enterprises that want to set up their own captive networks can lease spectrum from telecom operators or get it directly from DoT. They can also ask telecom operators to roll out their private networks.

Companies such as Infosys, Capgemini, GMR, Larsen & Toubro, Tata Communications, Tata Power and Tejas Networks had applied to the DoT seeking direct allocation of spectrum in the regulator-identified bands, including in the mid-band (3,300-3,670 MHz), for private networks.

As reported by ET, DoT had received 20 applications for direct spectrum allocation, though there was more than one application from the same group of companies. These applications were filed in response to an exercise launched by DoT to test the demand for spectrum to set up captive private networks.
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拍卖分配广播电视的首选,首席检察官告诉电信部门

点寻求律师的意见,为私人网络框架指导方针后,直接或广播电视行政分配或分配没有拍卖企业也列出了作为一个选项。

Kiran Rathee
  • 更新2023年3月18日08:08点坚持
阅读: 100年行业专业人士
读者的形象读到100年行业专业人士

新德里:拍卖仍是首选方法分配自然资源如光谱,司法部长R Venkataramani告诉电信部(点),官员们意识到说。AG)的意见挫折等企业印孚瑟斯巨磁电阻,L&T塔塔通信谁想要5 g电波分配通过行政途径建立私人垄断网络。

点寻求司法部长(AG)的意见,制定指导方针私有网络,直接或广播电视行政分配或分配没有拍卖企业也列出了作为一个选项。

广告
“AG)说,记住任何社区资源的原则,在任何情况下,应分配的方式获取的回报可能通过拍卖过程和资源的分配是发现的,”一个官员说,阐述观点的政府的最高法律顾问。


以后可以提出的问题

即使点已经制定的指导方针之间明显不同的商业和非商业光谱,AG是认为,问题仍有可能在“评估或评估标准”提出的行政分配。

“这(评估如果频谱为商业或非商业用途)可以解释。高级法律官员提到了2 g争议,先到先得的这些是因为缺乏标准依据频谱分配,”另一位官员说。

AG)的观点是,尽管政府可以采取一个站在光谱的分类,一个特定的带宽不需要拍卖,在稍后的阶段,仍然可以提高一些问题像发生在2 g的情况下,官员说。

部门已经建议推出一套严格的指导方针为目的的行政作业应该“防水”,让这个过程不受任何法律挑战。“点需要回到AG)修订的指导方针。AG)将决定是否有必要去最高法院寻求进一步明确分配过程,”第一个官员说。

广告
外星人的邮件查询AG)的办公室无人接听的新闻时间。

直接的频谱分配企业的问题一直是有争议的,推销技术公司对电信运营商。电信公司反对任何直接分配,声称它会扭曲了公平竞争的环境,给技术球员后门入口提供5 g服务企业。科技公司希望光谱直接从政府建立人工网络,说企业应该不需要依赖于电信公司。

点在这个问题上一直是一个基本路线。

读也


等曾在1月12日版报道说点的移动寻求法律意见关于频谱分配企业推出私人垄断网络,如果它可以通过拍卖或行政分配。内阁在2022年6月批准了直接分配到企业,它没有清楚周围的具体方法。

根据初步指南发布的私人网络点,企业要建立自己的俘虏网络可以租赁光谱从电信运营商或直接从点。他们也可以问电信运营商推出他们的私人网络。

等公司印孚瑟斯,凯捷,GMR Larsen & Toubro公司塔塔通信、塔塔电力和光辉网络申请点寻求直接分配的频谱regulator-identified乐队,其中包括mid-band (3300 - 3670 MHz),私人网络。

据等,点收到20申请直接频谱分配,虽然不止一个应用程序相同的集团公司。这些应用程序是在回应一个练习发起点测试对频谱的需求建立垄断私有网络。
  • 发布于2023年3月18日07:24点坚持
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New Delhi: Auction remains the preferred way to allot a natural resource like spectrum, Attorney General R Venkataramani has told the Department of Telecommunications<\/a> (DoT), officials aware of the matter said. The AG’s views deal a setback to enterprises such as Infosys<\/a>, GMR, L&T<\/a> and Tata Communications<\/a> who want 5G airwaves<\/a> to be allocated through the administrative route for setting up private captive networks.

The DoT had sought the Attorney General’s (AG) opinion on the matter, after framing guidelines for
private networks<\/a>, in which direct or administrative allocation – or allotment without auction — of airwaves to enterprises was also listed out as one of the options.

“The AG has said that keeping in mind the principle that any community resource, in all circumstances, should be allocated in a manner that may fetch best return possible and the allocation of the resource through the auction process is found desirable,” one of the officials said, elaborating on the view of the government’s senior-most legal officer.

\"\"
<\/span><\/figcaption><\/figure>
Questions can be raised later
<\/strong>
Even though the DoT had already framed guidelines which clearly differentiated between commercial and non-commercial spectrum, the AG was of the view that questions could still be raised around the ‘assessment or evaluation criteria’ in case of administrative allocation.

“This (assessing if a spectrum is for commercial or non-commercial use) could be subject to interpretation. The top legal officer has referred to the 2G controversy, which arose because of questionable criteria of first-come-first-serve basis for allocation of spectrum,” another official said.

The AG’s view is that while the government can take a stand on the classification of spectrum and that a particular bandwidth does not need to be auctioned, some could still raise questions at a later stage, like it happened in the 2G case, the officials said.

The department has been advised to come out with a tighter set of guidelines for the purpose of administrative assignment which should be ‘watertight’ and insulate the process from any legal challenge. “The DoT needs to go back to the AG with the revised guidelines. The AG will then decide if there is a need to go to the Supreme Court for seeking further clarity on the allocation process,” the first official said.

ET’s emailed queries to the AG’s office went unanswered as of press time.

The issue of direct allocation of spectrum to enterprises has been a contentious one, pitching technology firms against telecom operators. Telcos have opposed any direct allocation alleging that it would distort the level playing field and give technology players a backdoor entry to provide 5G services to enterprises. Tech companies want spectrum directly from the government for setting up captive networks, saying enterprises should not need to depend on telcos.

The DoT has been taking an ultra-cautious route in this matter.
<\/p>

Read also<\/h4>
<\/a><\/figure>
DoT planning to set up Digital Communication Readiness Index (DCRI), to map, track states’ performances<\/a><\/h5><\/div>
<\/a><\/figure>
65% telecom towers need fiberisation; 12L towers to be deployed to make India 5G-ready<\/a><\/h5><\/div><\/div><\/div>
ET had reported in its January 12 edition about DoT’s move to seek legal opinion regarding allocation of spectrum to enterprises for rolling out private captive networks and if it can be done through auction or administrative allocation. While the Cabinet in June 2022 had approved direct allocation to enterprises, it had not spelled out the specifics around the methodology.

According to the initial guidelines on private networks released by the DoT, enterprises that want to set up their own captive networks can lease spectrum from telecom operators or get it directly from DoT. They can also ask telecom operators to roll out their private networks.

Companies such as Infosys, Capgemini, GMR, Larsen & Toubro, Tata Communications, Tata Power and Tejas Networks had applied to the DoT seeking direct allocation of spectrum in the regulator-identified bands, including in the mid-band (3,300-3,670 MHz), for private networks.

As reported by ET, DoT had received 20 applications for direct spectrum allocation, though there was more than one application from the same group of companies. These applications were filed in response to an exercise launched by DoT to test the demand for spectrum to set up captive private networks.
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