The timescales for refarming will depend on:
the type of the existing allocations (e.g. civil or military),
the economic benefits of refarming the spectrum (these can be to the
existing user, any potential new entrant and to the national economy),
the user density within the band (i.e. volume and value of equipment that
needs to be replaced and/or retuned) , and
the financial implications for the existing user and any potential new
entrant.
6.1.1 Surrender of spectrum
Another issue that has arisen relates to surrender of existing spectrum by
Service Providers. As spectrum is a scarce resource, the policy issue under
consideration is whether there should be an incentive in the form of refunds
for voluntary surrender of spectrum.
There are two aspects
a) One time entry fees paid
b) Annual spectrum charges
It is easier to deal with the second issue, as the annual spectrum charges
could be made applicable based on the amount of spectrum held by the
operator in that year. However, whether any refund is due in respect of the
one time entry fees is a matter of discussion. The pros and cons are as
follows:
Point in favour of refund
It would provide the operator with an incentive to return the spectrum, thereby,
reducing the pressure on spectrum;
Points against refund
a) Refund of spectrum is an operator's internal decision and so no
compensation is due;
b) While the operator was given the spectrum, his competitors were
denied the same and accordingly a refund would mean a revenue loss
to the Government and denial of services to users.
c) It is very difficult to bifurcate the amount of entry fees paid at that time
between spectrum and service.
d) Also, the operator has already used the spectrum for a number of
years;
6.1.1.1
Options for determining the amount of refund
If a surrender policy were built then it would be necessary to decide on the
methodology to be used for estimating the amount to be refunded. In case it is
decided on surrender a refund will be given then the following options exist
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