In a letter to Minister Scindia, Reliance Jio highlighted the Supreme Court’s ruling in the 2G case, warning that the TRAI’s omission of questions regarding a level playing field could result in potential legal disputes.
The letter from Reliance Jio was prompted by the TRAI’s rejection of its request to include questions about the level playing field between terrestrial network providers, which use ground-based towers for mobile services and satellite communication service providers.
The TRAI previously reported to have initiated a consultation process that aimed to determine the methodology and pricing for assigning spectrum to satellite companies, enabling them to offer calling, messaging, broadband, and other services in India.
In its letter, Reliance Jio pointed out that several satellite communication companies, including Elon Musk’s Starlink, Amazon’s Kuiper, Bharti Group-backed OneWeb, Eutelsat, and the SES-Jio joint venture, have shown interest in offering their services in India. This development poses a direct challenge to land-based mobile networks. Consequently, Reliance Jio asserted that a fair and transparent auction system for satellite services is crucial to ensure equitable competition in the market.
Reliance Jio noted that while the Department of Telecommunications (DoT) acknowledged the necessity for a level playing field in its reference to the TRAI, the consultation paper released by the TRAI seemed to neglect this important concern. Reliance Jio expressed that it believes the TRAI has prematurely closed the discussion without seeking input from stakeholders.
The telecom operator further stated that the consultation paper did not pose relevant questions regarding the level playing field, preventing stakeholders from expressing their views.
“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 the consultation paper be revised to address the level playing field issues between satellite and terrestrial networks, our request has not been considered favorably,” Reliance Jio said.
The government, under the Telecommunications Act 2023, has chosen to allocate spectrum for specific satellite services through an administrative process instead of using an auction.
Reliance Jio emphasized that a comprehensive analysis of technological advancements, market demand and supply, and the economic feasibility of conducting spectrum auctions was not carried out by the DoT or the TRAI prior to the decision to allow administrative allocation for satellite phone services.
Reliance Jio further stated that, in accordance with the clear legislative intent and the DoT’s acknowledgment of the need for a level playing field between satellite and terrestrial services, the TRAI should conduct a thorough assessment of technological advancements, market demand and supply, as well as the technical and economic feasibility of auctions for satellite services.
Reliance Jio warned that failing to do so could render the TRAI’s consultation process and subsequent recommendations subject to legal scrutiny. The company highlighted that the Honorable Supreme Court of India, in various judgments, has underscored the importance of a transparent and fair mechanism for spectrum assignment, rejecting the ‘first-come-first-served’ method.
“Any preferential treatment of satellite-based services, whether under the guise of emerging technologies or global precedents, should be firmly rejected. Spectrum assignment policies must align with established legal mandates, including the Supreme Court’s directive on adopting a fair, transparent and non-discriminatory approach,” Reliance Jio added.
