Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-01022025-260690
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 61]
NEW DELHI, FRIDAY, JANUARY 31, 2025/MAGHA 11, 1946
MINISTRY OF COMMUNICATIONS
(Department of Telecommunications)
NOTIFICATION
New Delhi, the 31st January, 2025
G.S.R. 94(E). -The following draft rules, which the Central Government proposes to make in exercise of the
powers conferred by sub-section (3) of section 4, read with sub-section (2) of section 8, read with clause (g) and
clause (m) of sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), are hereby published
for the information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall
be taken into consideration after the expiry of a period of thirty days from the date on which copies of this notification
as published in the Official Gazette, are made available to the public;
Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department of
Telecommunications, Ministry of Communications, Government of India, Sanchar Bhawan, 20, Ashoka Road, New
Delhi-110001;
The objections or suggestions which may be received from any person with respect to the said draft rules
before the expiry of the aforesaid period shall be taken into consideration by the Central Government.
1. Short title, commencement and savings
(1) These rules may be called the Telecommunications (Assignment of Spectrum through Auction) Rules, 2025.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) These rules shall not override the terms and conditions of actions taken under the Indian Telegraph Act, 1885
(13 of 1885), including assignment of spectrum through auction process undertaken pursuant to the Indian
Telegraph Act, 1885 (13 of 1885) but shall be in supersession of all existing guidelines, office memoranda, or
office orders, including on the subject of surrender of auctioned spectrum granted pursuant to the Indian
Telegraph Act, 1885 (13 of 1885).
2. Definitions
(1) In these rules, unless the context otherwise requires:
(a) "Act" means the Telecommunications Act, 2023 (44 of 2023);
(b) "demand letter" means the letter issued under sub-rule (2) of rule 4;
(c) "License" means a license, registration, or permission, by whatever name called, granted under the
Indian Telegraph Act, 1885 for provision of telecommunication services or telecommunication network
and the word licensee shall be construed accordingly;
(d) "NIA" means the Notice Inviting Applications published by the Department of Telecommunications,
Ministry of Communications, Government of India for auction of spectrum, conducted from time to
time;
(e) "portal" means the portal which may be notified by the Central Government under rule 7 of these rules;
(f) “SACFA” means the Standing Advisory Committee for Frequency Allocation under the Department of
Telecommunications, Ministry of Communications, Government of India; and
(g) "SAL" means the Spectrum Assignment Letter granted under sub-rule (4) of rule 4.
(2) The words and expressions used in these rules and not defined herein but defined in the Act shall have the
meanings respectively assigned to them in the Act.
3. Process for auction of spectrum
(1) The Central Government may, from time to time, identify the frequency bands that it intends to offer by
means of auction.
(2) The auction shall be conducted in accordance with the provisions of the NIA published by the Central
Government.
(3) The Central Government may conduct the auction by itself or appoint one or more agencies, on terms and
conditions as may be determined by it from time to time, for conducting the auction.
(4) The reserve price for each auction shall be determined by the Central Government, based on consideration of
relevant factors, including the recommendations of the Telecom Regulatory Authority of India.
4. Participation in auction and grant of SAL
(1) A person seeking assignment of spectrum through auction shall fulfil the eligibility criteria as specified in the
NIA.
(2) The Central Government shall, upon conclusion of the auction, issue a demand letter to the successful
bidders, specifying the spectrum charges and the time period within which payment of such charges is
payable.
(3) Each successful bidder shall:
(a) make the payment of spectrum charges as specified in the demand letter within the time period
specified in such letter;
(b) in cases where such bidder does not hold an authorisation under section 3 of the Act, apply for such
authorisation within seven days of receipt of the demand letter; and
(c) confirm compliance with clause (a) and clause (b) in the form as specified on the portal.
(4) Upon receipt of the confirmation specified under clause (c) of sub-rule (3), the Central Government shall
issue the SAL which shall specify:
(a) specified usage of the spectrum assigned;
(b) validity period of the assignment;
(c) applicable frequency range;
(d) applicable power levels;
(e) area of operation; and
(f) technical parameters to establish, operate, maintain or expand telecommunication network.
Provided that the Central Government may revise the arrangement of frequency ranges in the bands
specified in the SAL.
(5) In the event a successful bidder does not apply for authorisation as specified under clause (b) of sub-rule (3),
it shall forfeit the earnest money deposit made for its participation in the auction.
(6) In the event an application made by a successful bidder to obtain authorisation as specified under clause (b)
of sub-rule (3) is rejected, the SAL shall stand terminated, and the spectrum charges, paid pursuant to clause
(a) of sub-rule (3), shall be refunded without interest, within a period of sixty days, after appropriate
deductions of the pro-rata amount of spectrum charges applicable for the duration for which the successful
bidder had held the SAL.
(7) In the event a successful bidder, after having applied for authorisation as specified under clause (b) of sub-
rule (3), withdraws such application, it shall:
(a) forfeit the spectrum charges paid pursuant to clause (a) of sub-rule (3); and
(b) be ineligible from participating in any auction, either directly or indirectly, for a period of two years
(8) The successful bidder which has been granted a SAL, shall apply for SACFA clearance, if applicable, in
accordance with the timelines specified by the Central Government.
5. Surrender of spectrum
(1) An assignee or licensee who has obtained spectrum pursuant to an auction conducted by the Central
Government after 15th June 2022, or through trading, restructuring or acquisition of such auctioned spectrum,
subject to the rules applicable for the same, may surrender such spectrum after a period of ten years from the
date of obtaining such spectrum:
Provided that where an assignee who has held spectrum for ten years or more, acquires additional spectrum
in the same spectrum band and same service area, such assignee may surrender the initial holding of eligible
spectrum after a period of two years from the date of obtaining the additional spectrum.
Illustration:
X, an assignee or licensee who has held 10 MHz spectrum in the 800 MHz spectrum band in the Kerala
service area for ten years or more, the assignee or licensee is eligible to surrender the spectrum.
However, if X subsequently obtains an additional 4 MHz spectrum in the same spectrum band in the Kerala
service area through trading, X can surrender its spectrum of 10 MHz only after two years from the date of
obtaining the additional spectrum of 4MHz.
(2) The quantity of spectrum eligible for surrender shall be in multiples of the block size specified in the NIA
pertaining to auction of spectrum in the same band issued immediately prior to such surrender, except where
an assignee or licensee holds spectrum that is less than the block size.
(3) An assignee or licensee eligible to surrender spectrum under sub-rule (1), shall submit an application in such
form, together with such data and information as may be specified on the portal, and fees of rupees one
thousand, at least twelve months prior to the proposed date of surrender.
(4) The Central Government shall, within a period of sixty days from the date of receipt of the application under
sub-rule (3), communicate its conditional approval, which shall specify the details of outstanding dues till the
proposed date of surrender, if any, in respect of quantity of spectrum proposed to be surrendered.
(5) The assignee or licensee shall ensure payment of all dues specified by the Central Government within a
period of three months from date of the conditional approval received under sub-rule (4) and provide
confirmation of such payment on the portal.
(6) The Central Government shall, subject to confirmation of payment of all dues, issue the final approval for the
surrender of spectrum, within fifteen days of such confirmation, effective from the date as specified in such
approval.
(7) After receipt of the final approval to surrender the spectrum, the assignee or licensee shall ensure that the
surrendered spectrum is vacated on the date of surrender of spectrum as specified in the final approval and
shall forthwith inform the Central Government in such form as may be specified on the portal.
(8) The assignee or licensee surrendering spectrum shall not be entitled to any refund of fees or any other
charges paid in respect of or under an assignment of such spectrum.
(9) An assignee or licensee surrendering spectrum shall not be eligible to participate either directly or indirectly
in the auction of spectrum in the same service area and spectrum band which is the subject of surrender, for a
period of two years from the date of surrender:
Provided that this sub-rule shall apply irrespective of whether the surrender is in respect of partial or
complete spectrum in the relevant spectrum band and service area.
6. Miscellaneous
(1) An assignee or licensee shall, pursuant to the assignment of spectrum:
(a) adhere to the terms and conditions as specified under such SAL;
(b) adhere to the terms and conditions as specified under the relevant authorisation or license held by such
assignee, which shall include the terms and conditions specified under the NIA;
(c) take all necessary measures to ensure that its telecommunication network shall not cause interference to
any other authorised entity or assignee, and comply with any directions of the Central Government for
elimination of harmful interference.
(2) Any breach of terms and conditions of assignment of spectrum under these rules shall be dealt with under the
Telecommunications (Adjudication and Appeal) Rules, 2025.
(3) In case the underlying authorisation or license of an assignee is revoked for any reason, the assignment of
spectrum shall stand cancelled, the assignee's entitlement over the spectrum shall cease and assigned
spectrum shall revert to the Central Government.
(4) The assignee shall be solely responsible for ensuring that it holds a valid authorisation at all times, and in
case its underlying authorisation or license is set to expire before the expiry of validity of the SAL, such
assignee shall apply for the authorisation in accordance with the applicable authorisation rules.
(5) An assignee that holds spectrum pursuant to assignment under these rules, may undertake sharing, trading or
leasing of spectrum in accordance with the Telecommunications (Sharing, Trading and Leasing of Spectrum)
Rules, 2025.
(6) Any transfer of assignment of spectrum shall be in accordance with the Telecommunications (Regulation of
Restructuring or Acquisition of Authorised Entities) Rules, 2025.
7. Digital implementation of these rules
The Central Government, in furtherance of section 53 of the Act, may notify a portal for the digital
implementation of these rules, including publication of relevant forms, submission of applications, and grant of
relevant approvals specified under these rules.
[F. No. 24-01/2025-UBB]
DEVENDRA KUMAR RAI, Jt. Secy.