The text of Telecom and Communications Minister Kapil Sibal's statement defending Home Minister P Chidambaram on his alleged involvement in the 2G spectrum scam, on behalf of the United Progressive Alliance government
"Since the submission by the CAG of the Performance Audit Report on "Issue of Licences and Allocation of 2G spectrum", there have been intense debate and criticism on the issue. The debate has taken a perverse turn and the NDA, besides some individuals, is making an attempt to malign and defame Shri P Chidambaram, Home Minister.
"We, in Government, categorically reject all such allegations. Shri P Chidambaram is a valued colleague and has discharged his responsibilities without fear or favour and with absolute integrity and devotion.
"Government is concerned that the public arena is being converted into a forum for a public trial of allegations and counter-allegations, many of which have no relation to facts. Government is, therefore, of the view that the matter must be put in perspective and the incontrovertible facts brought on record.
"The Telecom Sector was opened for private participation in 1994. Two licences were granted in each of the four major cities; the third licence was granted to MTNL/BSNL; and the fourth cellular operator was granted a licence in 2001 based on auction with 'entry fee' as the single bidding parameter. The entry fee was about Rs.1650 crore.
"Based on a Cabinet decision dated October 31, 2003, guidelines for the Unified Access Service Licences (UASL) were issued on November 11, 2003. On 'entry fee', the Cabinet decision of October 31, 2003 was that:
"The recommendation of TRAI with regard to implementation of Unified Access Licensing Regime for basic and cellular services may be accepted. DoT may be authorized to finalise the details of implementation with the approval of Minister of Communications & IT in this regard including the calculation of entry fee depending upon the date of payment based on the principles given by TRAI in its recommendations." (para 2.4.6 of the note for Cabinet)
On 'spectrum pricing, the decision was that "
the Department of Telecom and Ministry of Finance would also finalize spectrum pricing formula, which will include incentive for efficient use of spectrum as well as disincentive for sub-optimal usages
". (para 2.1.3 of the note for Cabinet)
"All UAS licences given subsequently under the new regime were given after charging the same entry fee of about Rs.1650 crore on a first-come-first-served basis. There was no fresh auction. The licence had provisions for allocation of a certain amount of spectrum subject to availability.
"In 2007, the Ministry of Finance, in the context of issuance of permission for usage of dual technology spectrum, raised the issue of one-time fee and stated that the rate of Rs. 1600 crore, determined as far back in 2001, had been applied for a licence given in 2007 without any indexation, let alone current valuation. In response, DoT maintained that dual technology licences were issued based on TRAI's recommendations which had not recommended any changes in the entry fee. The discussions between Ministry of Finance (MoF) and Department of Telecommunications (DoT) took place at the official level and through exchange of correspondence. DoT maintained that the initial entry fee should remain unchanged.
"On August 28, 2007, TRAI recommended that there should be no change in the policy in allotting 2G spectrum on the ground that there should be a level playing field for new entrants. DoT strongly relied on the said recommendation and reiterated the policy of no auction; no cap on number of licences; first-come-first-served
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