The government’s decision for not putting the entire spectrum to auction held on November 12 came in for sharp criticism by the Supreme Court. The government put up 390 MHz for sale out of the 473 MHz vacated following the cancellation of licences.

“All spectrum after the cancellation of the licences must be auctioned. Why have you not auctioned all spectrum. Government is very casual in dealing with the matter”, Justice Singhvi told senior counsel P.P. Rao who represented the government.

Taking the government to task for holding back spectrum in the 900-MHz band, the apex court asked why it was not informed about the bands available for bidding despite the fact the government approached it several times seeking extension of time for auction.

"Our orders nowhere refer to 800, 900 or 1800 MHz," said Justice Singhvi.

Rao explained that the 900-MHz band was not put to auction as it required new technology. Calling the government’s attitude as unfortunate, the court sought explanation as to why the entire spectrum freed up following the cancellation of 122 licences was not available for auction.

Rao said that 900 MHz frequency spectrum licences were due for renewal in 2014 when they would be auctioned and government would get more revenue. The court granted two days to the government to file a proper reply and the case would be heard again on Monday.