1. The first petitioner is engaged in the business of providing telecom services in India and is a ‘service provider’ within the meaning of clause (j) of sub-section (1) of section 2 the Telecom Regulatory Authority of India Act, 1997 (hereafter the TRAI Act). It was administratively allocated spectrum in 800 MHz band in several circles and the licences issued in its favour are valid.

2. The petitioners have impugned in this writ petition:

(i) clause 10 of the Guidelines for Liberalization of Administratively Allotted Spectrum in 800 MHz and 1800 MHz frequency bands (hereafter the guidelines), contained in No. J-14025/212/2015-CDMA dated November 5, 2015 issued by the Deputy Wireless Advisor to the Government of India;

(ii) a demand notice dated December 22, 2015, whereby payment had been demanded of One Time Spectrum Charges (hereafter the OTSC) as a pre-condition for liberalization at a rate higher than an earlier demand dated March 20, 2013; and

(iii) a letter dated January 5, 2016 of the respondent informing the first petitioner that there is no infirmity in calculation of demand for the OTSC and regretting the prayer for revising it at the 2012-2013 rates.

3. Upon hearing