Thursday, 23 June 2016

SPECTRUM, A NATURAL RESOURCE (AND INDIA'S SUPREME COURT)

SPECTRUM, A NATURAL RESOURCE (AND INDIA'S SUPREME COURT):
India's was probably the first and only Supreme Court that had an opportunity to discuss and adjudicate upon the nature, uses and aspects of regulation of the electro-magnetic spectrum, which is a universal natural resource. (Ironically, this opportunity for the court to do so was brought about by a spectrum-related 'scam' a few years ago).
Today, the country has made course-corrections and policy adjustments, and is on the threshold of holding transparent auctions and allocations of spectrum.
However, it is important for policy-drivers to be acutely aware of the enormity of the responsibility they are dealing with, especially from the point of view of the peaceful, equitable and responsible control and use of this natural resource, and the high probability of the accelerated increase of the diversification of it's use (the many aspects of this last phrase to be deconstructed at length).
In this aspect, the Supreme Court of India has, indeed, been a global leader in guiding humanity's understanding of this natural resource.
The relevant regulators must now ensure that the said responsibilities are kept at the forefront while carrying out their work.
This would, among other matters, include a sharp eye on all trade agreements that are made by government/s and their representatives, especially at the international level, that have a bearing on the allocation and use of spectrum.
Let not the excuse of irreversible trade agreement/s come in the way each time there is a new aspect of the myriad uses of spectrum to be protected or tapped. If this is allowed to happen at/from this stage, it will well amount to being a deliberate conspiracy by law-makers, to have decided, in advance, to fritter away spectrum to immediately visible entities. Now that this has been said, ignorance on the part of law-makers will not be a valid excuse.
The required 'saving clauses', provisions, exceptions etc. must be expertly woven in, to navigate this.
The other reason for this being topical, is that India has just launched twenty satellites into space.

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