BackGovt to go ahead with administrative allocation for satellite broadband
The government will allocate spectrum for satellite broadband outside of auctions, in accordance with the Telecommunications Act 2023, and will not go back to court, said people familiar with the development.
PremiumThe government will go ahead with allocation of spectrum for satellite broadband outside of auctions, in accordance with the law laid down under the Telecommunications Act 2023, said two people familiar with the development.
The decision has been taken after high-level consultations within the communications ministry, one of the people said, even as the miscellaneous application filed by the government in the Supreme Court has not been accepted.
“For the items specified in the Act that will be given through administrative allocation, the law will be followed," one of the people said, asking not to be named.
According to Telecommunication Act, 19 types of services can be allocated outside auctions
According to the first schedule of Telecommunication Act 2023, 19 types of services including satellite broadband which is technically called global mobile personal communication by satellites (GMPCS), and others like TV broadcast, direct-to-home (DTH), national long-distance calling, maritime and in-flight connectivity services, can be allocated outside auctions.
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“The courts had to be informed and the application has been disposed of. The government will not go back to the Court," the person said. The Economic Times reported on Wednesday that the Supreme Court registrar had not accepted the government’s miscellaneous application for allowing administrative allocation of spectrum in special cases on grounds that it did not disclose reasonable cause to be entertained, while also noting the time lapsed since the judgement in 2012. The report added that the government sought a review of the order passed by the court in the guise of an application.
The Supreme Court in 2012 had said that competitive auctions will be the route for distribution of natural resources owned by the public. A review petition to the judgement was withdrawn by the government. A Presidential reference by the Union government also followed the judgement.
Mint had reported last week quoting officials that the application filed by the government did not seek to change the 2012 order issued by the court, and that auction will continue to be the only mechanism for giving out spectrum for telecom services.
To be sure, currently the government allocates spectrum in certain categories on administrative basis, for instance, airwaves to state-run carrier Bharat Sanchar Nigam Ltd, spectrum for radar for weather forecasting, for maritime communications on ships, communication and radar for the armed forces.
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A second person aware of the development said that the telecom department was close to preparing a reference to the Telecom Regulatory Authority of India (Trai) for beginning fresh consultation on allocation of airwaves for satellite broadband.
“The reference to the regulator is being prepared and will be sent out soon," the person said, asking not to be named.
Mint had reported last week that the Trai’s fresh consultation will be aimed at giving recommendations on the mechanism of allotment, the frequencies to be given out and the pricing of the spectrum which will be given administratively.
Trai had first begun the consultation on allocation methodology for satellite spectrum in 2022 and had held several rounds of consultations including an open-house discussion last year but did not issue any recommendations, in the light of enactment of the new telecom law.
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Satellite spectrum is key for players such as Bharti Group-backed Eutelsat OneWeb, Reliance’s Jio Satellite Communications, Elon Musk’s Starlink and Amazon’s Project Kuiper to begin satellite broadband services in India. While OneWeb and Jio Satellite Communications have got GMPCS license, Starlink and Kuiper have applied for it. DoT had given an in-principle approval to Starlink’s application, but it is yet to receive clearance from security agencies which is needed for a formal approval.
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