Jio seeks minister's intervention to ensure level-playing field in proposed rules on satcom spectrum

 Telecom operator Reliance Jio has sought Union minister Jyotiritya Scindia's intervention to get regulator Trai issue a revised consultation paper on a proposed spectrum allocation rule to ensure a level-playing field between terrestrial and satellite players.

Reliance Jio, in its letter to telecom minister Scindia, referred to Supreme Court's judgement in 2G case and indicated that Trai's failure to incorporate questions on level-playing field may le to legal tussles.

letter came after Telecom Regulatory Authority of India (Trai) rejected Jio's request for incorporating questions around level-playing field between terrestrial network players that provide mobile phone services using towers installed on ground and those seeking to offer satellite-based communication services.

On September 27, 2024, Trai floated a consultation process to explore methodology and price for assigning spectrum to satellite companies to provide calling, messaging, broband and or services in country.

Reliance Jio, in letter dated October 10, mentioned that satellite communication companies such Elon Musk's Starlink, Amazon 's Kupier, Bharti Group-backed OneWeb Eutelsat, and SES-Jio joint venture have expressed interest to provide ir services in India, which will directly compete with land based mobile networks, and refore a fair and transparent auction system for satellite services is essential to ensure level competition.

"While DoT correctly recognised need for a level-playing field in its reference to Trai, consultation paper issued by TRAI appears to overlook this critical issue.

"It seems Trai has pre-emptively closed matter without soliciting views of stakeholders," Jio said.

telecom operator furr said that consultation paper fails to ask pertinent questions around level-playing field, which will deprive stakeholders of opportunity to voice ir opinions.

"Such a consultation exercise could result in recommendations that disregard this vital issue of level-playing field. Although we have raised this issue with Trai and asked that consultation paper be revised to dress level-playing field issues between satellite and terrestrial networks, our request has not been considered favourably," Jio said.

Under Telecommunications Act 2023, government has decided to allocate spectrum without auction through an ministrative process for a select set of satellite services.

Jio said that neir Department of Telecom (DoT) nor Trai conducted any comprehensive study on technological evolution, market demand and supply, economic feasibility of auctions of spectrum at time of incorporating and allowing ministrative allocation of spectrum for satellite phone services.

teleco also said that in line with clear legislative intent and DoT's recognition of need for a level-playing field between satellite and terrestrial services, Trai must thoroughly assess technological evolution, market demand and supply, technical and economic feasibility of auctions for satellite services.

"Failure to do so may expose Trai consultation exercise and consequent recommendations liable to legal scrutiny. Hon'ble Supreme Court of India and its various judgments has emphasised importance of a transparent and fair mechanism for assignment of spectrum and h junked 'first-cum-first-served' method of assignment," Jio said.

Jio has said fixed satellite services now compete with fixed wireless access services and mobile satellite services compete with terrestrial mobile services.

"Any preferential treatment of satellite based services, wher under guise of emerging technologies or global precedents, should be firmly rejected. Spectrum assignment policies must align with established legal mandates, including Supreme Court's directive on opting a fair, transparent and non-discriminatory approach," Jio said.