The Broadband India Forum (BIF), which counts satcom firms like Oneweb, Nelco, Amazon and Hughes as its members, however rejected the argument for a ‘level playing field’, saying it was fundamentally flawed, demonstrating a profound misunderstanding of both the technologies and the law.
The PHD chamber letter follows a similar demand by Reliance Jio, but satellite industry has debunked the claims, terming the argument as a “myth peddled for commercial interests.”
The renewed activity by stakeholders brings to the centre stage a critical issue around satcom spectrum allocation. Telcos Reliance Jio and Vodafone Idea have been pushing for an auction of satellite bandwidth but satcom companies like Bharti Group backed-OneWeb and Bharti Airtel have backed administrative allocation of spectrum to be used for broadband-from-space services.
Many thought the issue had been decided once the new Telecommunications Act—which backed administrative allocation for satcom airwaves—was notified.
While the PHD Chamber letter did not mention auction as a mean to give satellite spectrum, it, however, highlights that not addressing the concerns to ensure a level playing field between satellite and terrestrial networks during the consultation process may violate Article 14 of the Indian constitution, resulting in arbitrary discrimination and undermining the right to equality.“Incorporating questions addressing level playing field are essential in the consultation for shaping terms and conditions for spectrum assignment in a transparent and non-discriminatory manner,” PHD Chamber said in the letter addressed to Trai Chairman AK Lahoti.But BIF has debunked the claim.
“The doctrine of a ‘level playing field’ is invoked based on Article 14 of the Constitution and, in the context of the fundamental right to carry a trade/business, is embodied in Article 19(1)(g) as well. This doctrine guarantees equal treatment only to persons who are similarly situated, not among those who are unequal,” BIF said.
The stakeholders are sharing their views after Telecom Regulatory Authority of India (Trai) on September 27 came out with a consultation paper seeking views on the pricing methodology and terms and conditions of allocating satellite spectrum—without auctions—to companies seeking to launch satellite broadband services in the country.
In its reference to Trai, DoT had said it’s “essential to examine whether a level-playing field exists” between terrestrial access service providers and satellite players planning to offer fixed and mobile satellite services in India via low-earth orbit (LEO), medium-earth orbit (MEO) and geostationary orbit (GEO) global satellite systems.
Earlier, the DoT itself was asking for an auction of satellite spectrum. A reference to this effect was sent to Trai seeking recommendations for auction of satellite spectrum. However, with the notification of the Telecommunications Act, the Trai process became infructuous as the Act placed satcom spectrum in the First Schedule, which states that airwaves for such services should be given administratively.
