The bench also clarified about the telecom companies

which opted out to provide service after the cancellation of the licenses by saying, "The issue relating to liability of the licensees, who discontinued their operations between February 2, 2012 and this date (today) shall be decided separately." The apex court said since the issue relating to the allotment of the spectrum in 900 MHZ band was not the subject matter before it, the legal issue arising on it could be decided by "competent judicial or quasi judicial forum". "Since the issue relating to allotment of spectrum in 900 MHZ band was not subject matter of consideration in the writ petition, we deem it proper to make it clear that judgement dated February 2, 2012 will have no bearing on the litigation, if any, filed in the matter of allotment/re-allotment of spectrum in 900 MHZ band and the competent judicial/quasi judicial forum shall be free to adjudicate upon the pending matter or which may be filed hereinafter in relation to the allotment of spectrum in 900 MHZ band and connected issue," it said. The apex court had on February 2, last year cancelled 122 licences for 2G spectrum and had directed the Department of Telecommunication (DoT) to hold fresh auction for them within four months. The deadline was extended by its interim orders from time to time. As per the apex court order, 21 licences of Sistema Shyam Teleservices (MTS), 16 permits of Telenor controlled Uninor, 15 of Videocon and 3 CDMA permits of Tata Teleservices were to stand cancelled from January 18, affecting around 25 crore subscribers in the country. Telenor is in the process of transferring the business of Uninor in 6 circles to new entity Telewings Communications, which recently won spectrum in fresh auction. In the November 2012 auction, five telecom operators -- Bharti Airtel, Vodafone, Telenor-promoted Telewings, Videocon and Idea Cellular -- had applied for participating in the auctions. Sistema Shyam Teleservices Ltd (SSTL) had not participated while Videocon and Telewings won spectrum in six circles each. Idea won spectrum in eight circles. SSTL has said that the company wants to continue its operations and intends to participate in the upcoming auction in March, 2013.