New Delhi: Unsuccessful bidders and telecom companies which opted out of participating in the first round of fresh auction for 2G spectrum following cancellation of their licences by last year's order would not be allowed to continue their service, the Supreme Court on Monday said.
The apex court asked the government to take a position on the issue and made it clear that those telecom companies which continued with their operation after the February 2, 2012, verdict will have to make payment on the basis of reserved price fixed for the fresh auction.
The court by its various interim orders allowed the telecom companies whose licences were quashed by the verdict to continue with the operation till the fresh auction for 2G spectrum was completed.
"You (Department of Telecommunication) have to take a position on those who have been unsuccessful in auction conducted on November 12 and 13, 2012. They cannot be allowed to operate in the events when there are bidders who have been successful.
"Those who did not go for the bid are also not entitled to continue," a bench comprising justices G S Singhvi and K S Radhakrishnan said while reserving its order on the issue.
The bench said allowing those who were unsuccessful and had not participated in the auction to continue with operation would generate more litigation.
It said auction will have to be done for all those licences for the 2G spectrum for which letters of intent were issued on January 10, 2008 and were quashed by the apex court's February 2, 2012 judgement.
"Whatever spectrum was released as a result of the quashing of licences must be put on auction," the bench said, adding that it was only concerned with the 1800 MHz and 800 MHz band and not with 900 MHz.
The apex court noted that one or the other telecom companies were coming up with different interpretations of its order and said, "We will not appreciate that there is always cartelisation in this matter. Some are trying to frustrate the process of auction."
Meanwhile, Sistema Shyam Teleservices Ltd said it will take a decision on February 22, to choose the circles when the process for second round of auction will commence which is scheduled for March 11.
The apex court on January 14 had extended till February 4 the January 18 deadline for existing operators of 2G spectrum to carry out operations. The deadline was further extended till further orders.
The court in the earlier hearing wanted the Centre to spell out the price to be charged from the telecom companies for continuing with their services after cancellation of licences last year.
The apex court had on February 2, last year cancelled 122 licences for the 2G spectrum and had directed the DoT to hold fresh auction for them within four months which has been extended by interim orders from time to time.
During the hearing, the bench had observed that the telecom operators enjoyed the benefit of its order to continue with operations till the fresh auction and they are liable to pay the reserved price after January 18, 2013.
The court also said the decision to reduce the bidding price after the first round of auction for spectrum is bound to evoke further litigation.
Prashant Bhushan, appearing for the NGO, Centre for Public Interest Litigation (CPIL), which was one of the PIL petitioners on whose plea the licences of 2G were cancelled, said existing operators should not be allowed to continue as consumers have the option to move to other service providers.