New Delhi: The Telecom Regulatory Authority of India (TRAI) released recommendations today, detailing terms and conditions for assigning spectrum to satellite-based commercial communication services, aiming to ensure a level playing field with terrestrial networks. The recommendations, prompted by a Department of Telecommunications request dated 11 July 2024, address spectrum allocation, pricing, and coordination for Non-Geostationary Orbit-based Fixed Satellite Services for data and internet, and Geostationary Orbit and Non-Geostationary Orbit-based Mobile Satellite Services for voice, text, data, and internet, with a focus on balancing access and competition.
The Department of Telecommunications, keeping in view the provisions of Section 4 and the First Schedule of the Telecommunications Act, 2023, and Section 11(1)(a) of the Telecom Regulatory Authority of India Act, 1997, sought TRAI’s recommendations on spectrum assignment terms, including pricing, for Non-Geostationary Orbit-based Fixed Satellite Services, taking into account Geostationary Orbit-based providers, and Geostationary Orbit/Non-Geostationary Orbit-based Mobile Satellite Services. TRAI issued a consultation paper on 27 September 2024 for seeking comments and counter-comments from stakeholders on 21 issues, with initial deadlines of 18 October 2024 for comments and 25 October 2024 for counter-comments, extended to 25 October 2024 and 1 November 2024, respectively, following stakeholder requests. Thirty stakeholders submitted comments, twelve provided counter-comments, and a virtual open house discussion was held on 8 November 2024.
Following stakeholder input and analysis, TRAI finalised its recommendations. For Non-Geostationary Orbit-based Fixed Satellite Services, spectrum in Ku, Ka, and Q/V bands is proposed for user and feeder links. For Geostationary Orbit and Non-Geostationary Orbit-based Mobile Satellite Services, L and S bands are recommended for user links, with C, Ku, Ka, and Q/V bands for feeder links. Spectrum will be assigned for up to five years, extendable by two years based on market conditions. Terms and prices are valid for five years from policy notification by the Central Government, extendable by two years, with revisions after five years applying to all authorised entities, including existing ones.
To address interference, TRAI recommends applying relevant provisions of the International Telecommunication Union Radio Regulations to authorised entities and other entities authorised by the Central Government. In shared C, Ku, Ka, and Q/V bands, each authorised entity and all other entities authorised by the Central Government must coordinate among themselves in good faith. The government, with the Telecom Engineering Centre, should examine the need for a spectrum-sharing framework, including conditions on the maximum equivalent power flux density and other parameters, and consider splitting spectrum as a last resort, per the United States Federal Communications Commission’s ‘Spectrum Sharing Rules for Non-Geostationary Orbit, Fixed-Satellite Service Systems,’ if Non-Geostationary Orbit-based Fixed Satellite Services systems fail to coordinate.
For satellite earth station gateways, authorised entities must coordinate in good faith for establishment and operation. The Department of Telecommunications, with the Telecom Engineering Centre, will study the requirement for prescribing coordination distance between two satellite earth station gateways (Geostationary Orbit-Non-Geostationary Orbit and Non-Geostationary Orbit-Non-Geostationary Orbit) operating on the same frequencies, issuing guidelines if needed. In the 42.5-43.5 GHz band, identified for International Mobile Telecommunications, gateways are permitted in uninhabited or remote locations on a case-by-case basis, where such services are less likely. Gateways must be installed and commissioned within 12 months from the date of permission granted by the Central Government.
Authorised entities may surrender spectrum before expiry under broad terms and conditions recommended by TRAI. Spectrum assignment will occur within 30 days of application, provided that the in-principle clearance of the satellite network has been given by the Central Government, with objections communicated within that period. Spectrum charges are set as follows: for Geostationary Orbit-based Fixed Satellite Services, 4% of Adjusted Gross Revenue, with a minimum annual charge of ₹3,500 per MHz; for Non-Geostationary Orbit-based Fixed Satellite Services, 4% of Adjusted Gross Revenue plus ₹500 per subscriber per annum in urban areas (rural and remote areas exempt), with a minimum of ₹3,500 per MHz; for Geostationary Orbit/Non-Geostationary Orbit-based Mobile Satellite Services, 4% of Adjusted Gross Revenue, with a minimum of ₹3,500 per MHz.
Payment terms include Adjusted Gross Revenue-based charges paid quarterly in advance within 15 days of the quarter’s start, minimum charges paid in advance at assignment and annually, with quarterly and annual adjustments made with the minimum spectrum charge for the particular year only, and per-subscriber charges for Non-Geostationary Orbit-based Fixed Satellite Services paid quarterly, equal to 125 times the number of urban subscribers at the previous quarter’s end. TRAI suggests the government consider subsidies for Non-Geostationary Orbit-based Fixed Satellite Services user terminals for targeted users in unserved or underserved rural and remote areas to enhance connectivity.
– global bihari bureau
