The Department of Telecom will soon get powers to take back spectrum from operators who are not using it. Under the proposed Spectrum Act, the DoT will get authority to crack down on service providers squatting on airwaves.

At present, operators can keep spectrum as long as they meet roll out obligation stipulated under the licence conditions irrespective of whether they have active subscribers or not. This requires them to simply set up towers and show coverage.

New ACt

A number of new players, which got spectrum in 2008, have managed to keep the spectrum despite the fact they have not launched services. They have been able to do so because under the current rules they are required to show proof of coverage in terms of geography.

But the new Spectrum Act being drafted by the DoT aims to make operators accountable for efficient usage of airwaves. The proposed Act will also lay down rules for spectrum re-farming and relocation from existing users. “At present both the existing Indian Telegraph Act 18185 and Indian Wireless Telegraphy Act (IWTA) 1933 do not provide for refarming and relocation of spectrum from the existing wireless users. In the absence of any statutory provision for re-location /withdrawal of spectrum, some of the wireless users have been requesting for financial compensation for vacating spectrum. Such provisions do not exist in the current laws,” said a DoT official.

“It is felt that a separate wireless Act, which deals with all issued connected with spectrum licence including pricing, allocation, withdrawal and refarming, spectrum sharing and trading, is required,” the official added.

The first meeting of the committee looking into these issues is expected to take place on Friday.

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