Reliance Jio has submitted a legal opinion from Justice L Nageshwara Rao, former Supreme Court judge, stating that the Telecom Regulatory Authority of India (TRAI) should have sought comments from stakeholders regarding the mode of assignment of satellite bandwidth and ensuring level-playing field.
Rao argued that the list under Schedule I of the Telecommunications Act, which has entries wherein spectrum has to be given administratively, was not frozen and could be amended from time to time. He noted that the Department of Telecommunications (DoT)’s reference specifically asked TRAI to provide recommendations on satcom services while accounting for level playing field with terrestrial access services.
Rao also argued that TRAI had completely sidestepped the issue of level playing field, depriving stakeholders of an opportunity to provide their comments.
Jio, along with other telcos like Bharti Airtel and Vodafone Idea, have been seeking a level playing field and want spectrum to be allocated at market rates to satcom players. The satcom firms argue that the allocation mechanism has been clearly defined as administrative as such services are put under Schedule I of the Act.
Satcom companies and telcos will be fighting for a share of the wireless broadband market in India, which is poised for strong growth. All players have submitted their views regarding satcom services to TRAI, which will now come out with recommendations on pricing and other modalities concerning the satcom spectrum.
