Terms of Reference of the Shivraj V. Patil Committee on telecom licences and spectrum

Text of the Press Release announcing the Terms of Reference of the one-man Committee which will examine appropriateness of the procedures followed by the Department of Telecommunications in the issuance of licences and allocation of spectrum between 2001 and 2009

Monday, December 13, 2010

The Department of Telecommunications (DoT), the Ministry of Communications & Information Technology has today notified the Terms of Reference of the one man Committee comprising Justice (Retd.) Shri Shivraj V. Patil, a retired Judge of the Supreme Court of India, set up to examine appropriateness of procedures followed by the Department in issuance of licences and allocation of spectrum during the period 2001-2009.

The Terms of Reference of the Committee are as under:

1. To study the circumstances and developments in the Telecom sector that led to the formulation of the New Telecom Policy 1999 and subsequently, introduction of 4th Cellular Telecom Mobile Service (CMTS) licence in 2001

2. To examine the internal (intra-departmental) procedures adopted by DoT during the period 2001-2009 for

a. Issue of telecom access service licences and

b. Allocation of spectrum to all telecom access services licencees during the above period

3. To examine whether these procedures were in accordance with extant policies and directions of DoT/Government

4. To examine whether these procedures were followed consistently and if not, identify specific instances of

a. Deviation from laid down procedures

b. Inappropriate application of laid down procedures

c. Violation of underlying principles of laid down procedures

5. To examine whether the procedures adopted were fair and transparent and were in keeping with the principles of natural justice and if not, identify the specific instances of lack of fairness and transparency

6. To identify the deficiencies, if any, in the procedures as formulated and identify the public officials responsible for such deficiencies

7. To identify the shortcomings and lapses, if any, in the implementation of the laid down procedures and identify the public officials responsible for such lapses

8. To suggest remedial measures to avoid in future

a. Deficiencies in formulation of procedures and

b. Lapses in implementation of laid-down procedures

Justice Shri Patil formally assumed the work of this Committee here today.