Telecom Bill to fast track allocation of spectrum in various sectors

19 sectors listed in Bill for allocation route, national frequency allocation plan to be revamped

The Department of Telecommunication (DoT) will now be able to better process requests for spectrum allotment from a long list of government agencies as the Telecom Bill has specified the sectoral uses for which such allocation is allowed, officials said on Thursday.

Apart from satellite communication, 18 other sectors have been listed in the First Schedule of the Bill where administrative allocation will be mandatorily made. In many of these areas, there was no clear process for allocating spectrum, which often led to a lengthy application and evaluation process and disputes.

The Bill has also specified the government may amend the First Schedule to 'perform government functions' or 'serve public interest' or in cases where auction of spectrum is not the preferred mode of assignment due to technical or economic reasons.

Officials said the Bill has provided a clear legal basis for spectrum allocation, which till now was allocated or auctioned by the government based on the interpretation of various laws and judgements. It has now been clearly laid out that spectrum will be auctioned, except for defined items in the First Schedule, ending the discretionary approach.

"We would now be able to clear requests from many users, and especially government ministries and agencies expeditiously," an official said.

Currently, spectrum has already been allocated by the government administratively in 4,700 instances. However, it has always been provided on an 'ad-hoc' basis.

NFAP review

To ease the process further, the government is expected to bring out a revamped National Frequency Allocation Plan as well, sources said. The NFAP is a central policy that defines the roadmap for future spectrum usage by all national authorities, including the telecom and space departments and information and broadcasting and defence ministries.

It provides a broad regulatory framework, identifying which frequency bands are available for cellular mobile service, Wi-Fi, sound and television broadcasting, radio navigation for aircraft and ships, defence and security communications, disaster relief and emergency communications, and satellite broadcasting, among others. It was last updated in October 2022, after a gap of 4 years.

The Telecom Bill has also mentioned the NFAP. "The Central Government, being the owner of the spectrum on behalf of the people shall assign the spectrum in accordance with this Act, and may notify a National Frequency Allocation Plan from time to time," it reads.
 

The DoT had constituted a standing committee for spectrum management in June 2023. Among other mandates, it is set to review the NFAP, the Department had informed Parliament.

In an audit report published last year, the Comptroller and Auditor General of India (CAG) recommended that DoT establish a permanent set-up comprising all stakeholders for periodical review of the pricing, planning and availability of spectrum, as well as its allotments and assignments, for efficient management and optimal utilisation of airwaves. It had also asked the department to put in place a system to get details of the actual spectrum utilised by government user departments and agencies.

The Standing Advisory Committee on Frequency Allocation within the DoT has been present since 1966 to make recommendations on issues related to frequency allocation, deliberations at international forums like the International Telecommunications Union (ITU) and Asia Pacific Telecommunity (APT), and the formulation of NFAP. However, its role has been limited to giving sitting clearances for wireless installations, the report had pointed out.

Few sectors earmarked for administrative allocation of spectrum

Law enforcement and crime prevention.

Public broadcasting services.

BSNL & MTNL

Community Radio Stations.

In-flight and maritime connectivity

Conservation of natural resources and wildlife.

Meteorological department and weather forecasting

National security and defence

Promoting scientific research, resource development, and exploration

Radio backhaul for telecom services