The Telecom Department will soon send a reference to Trai for fresh consultations on satellite broadband communications spectrum allocation. The previous consultation process will not be taken forward due to the enactment of the new telecom law. Trai will receive terms of reference soon, initiating its fair and transparent consultation process. It will provide recommendations on allotment mechanisms, frequencies, pricing, and other aspects. The previous reference has been returned by Trai in light of the new law and industry discussions. The Telecommunications Act 2023 added satellite-based communication services to the category of services that would be given spectrum without auctions. Trai had begun consultations on allocation methodology for satellite spectrum in 2022, holding several rounds and an open-house discussion, but did not issue recommendations. The new telecom law rendered the consultation infructuous. The fresh consultations will address level playing field concerns, acknowledging the differences between satcom services and those offered by terrestrial service providers or telcos. Bharti Group, Starlink, and Amazon support the non-auction route, while Reliance and Vodafone Idea oppose direct allocation. The fresh consultation may lead to changes in license conditions, as the new telecom law allows spectrum allocation for satellite broadband through administrative allocation, but auctions are primarily used for telecom services. The government had approached the Supreme Court before the Act’s passage, seeking clarification on allocating airwaves outside of auctions. This was not a request to change the 2012 apex court judgment. The application clarifies the allocation of airwaves administratively for sovereign functional requirements, public interest, or technical or economic factors. Only a limited number of cases, such as spectrum for police walkie-talkies, weather forecasting radar, and satellite communication, will be given on an administrative basis. This clarification request comes after the Supreme Court’s 2012 ruling favoring competitive auctions for distributing public natural resources.
Fresh Trai Consultations on Satellite Broadband Communications Allocation Expected
