Govt approves spectrum trading norms for telecom companies

10 Sep 2015 Evaluate

The government has approved spectrum trading guidelines which will allow telecom players to buy or sell their unutilized spectrum to other operators. This move will improve the quality of services through availability of more spectrum to the telecom operators. Accordingly, for spectrum trading agreements, telecom companies will not require any prior permission from the government but will have to inform 45 days before. The buyer will have to pay 1 per cent trading fee which will be calculated based on market rate or previous auction price whichever is higher.

Under the guidelines if any service provider sells only a part of its spectrum holding in a band, both the buyer and the seller will be required to pay the remaining installments of payment, prorated for the quantum of spectrum held by each of them subsequent to the spectrum trade. Regarding spectrum usage charges (SUC), the seller should clear its SUC and its installment of payment till the effective date of trade. Besides, Spectrum trading will not alter the original validity period of spectrum assignment as applicable to the traded block of spectrum. The seller will clear all his dues prior to entering into any agreement for spectrum trading. Thereafter, any dues recoverable up to the effective date of transfer shall be the liability of the buyer.

A telecom service provider will be allowed to sell the spectrum only after two years from the date of its acquisition through auction or spectrum trading or administratively assigned spectrum converted to tradable spectrum. In case of administratively assigned spectrum converted to tradable spectrum after paying the prescribed market value, the period of two years will be counted from the effective date of assignment of spectrum.

Communications and IT Minister Ravi Shankar Prasad informed that the Cabinet has approved spectrum trading in all the bands and the ownership right will be of government of India. Further, Prasad said that if it is found during sample checking that the companies are not complying to all the rules in the undertaking, then the government will take strong action and the 'licensee shall not be allowed to trade”. This will also address the non-contiguous spectrum issue and allow telecom operators to offer better services.

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