Level playing field: Jio sends second legal opinion to Trai on satcom

Former SC judge says Trai should have sought stakeholder comments on satellite spectrum allocation

Reliance Jio has sent a second legal opinion to the Telecom Regulatory Authority of India (Trai) on the potential allocation of satellite spectrum. Reviewed by Business Standard, the legal opinion, authored by former Supreme Court Justice L Nageswara Rao, stresses that Trai should have invited stakeholder comments on the method of assigning spectrum for satellite-based services, as required by Section 11(4) of the Trai Act.

 

“With the Department of Telecommunications requesting Trai’s recommendations on the terms and conditions of spectrum assignment, it was incumbent upon Trai to examine and suggest measures as to a suitable means of assignment of spectrum, using the conditions under Section 4(5) of the Telecommunications Act and any other factors deemed appropriate and relevant by Trai,” he said in response to a query from Jio.

 

Last month, Trai released a consultation paper on network authorisations, asking the industry whether a separate authorisation is needed for satellite communications (satcom) services, particularly for satellite Earth station gateways. Notably, this was the second consultation paper on the subject, following the first one issued in September, which sought to clarify the methodology of spectrum allocation, the frequencies to be used, the pricing of spectrum, and the terms and conditions satellite operators must meet in relation to national security.

 

“In the present context, the consultation paper issued by Trai seems to have completely sidestepped the issue of a level playing field with terrestrial access services. This has resulted in a deprivation of opportunities for stakeholders to provide comments and for Trai to engage in robust consultations before offering recommendations, as specifically requested by DoT,” Rao said.

 

Jio also submitted legal opinions from Rao to Trai last year during the first consultations on satcom spectrum, where he had argued that any method of spectrum allocation other than auctions could be constitutionally unsound.