Can’t Auction Satellite Spectrum: Terrestrial concept of exclusivity doesn’t apply, hence auctioning is not applicable

The world over, satellite tv for pc spectrum is authorised for ‘right-to-use’ by all administrations and is allotted solely by administrative course of, at costs that basically cowl the price of administration.

In India, the so-called Radio Spectrum for Cellular Companies is an emotive topic, and pointless confusion has lately arisen over the allocation of spectrum for satellite tv for pc communications, together with broadcasting.

First, one should perceive that spectrum shouldn’t be a single commodity. Many sorts are concerned—the a number of types of terrestrial spectrum for cellular entry or for backhaul or for WiFi, and many others, and the non-terrestrial, or satellite tv for pc, spectrum. These contain fully differing remedies. It is usually comprehensible that, by its very nature, satellite tv for pc spectrum has no nationwide territorial limits and is worldwide in character and is due to this fact coordinated and managed by the UN company, Worldwide Telecommunications Union (ITU), Geneva. There may be, the truth is, a selected treaty in place for spectrum cooperation, and India is a signatory to it.

The satellite tv for pc programs must be internationally coordinated as per related ITU Laws, for the satellite tv for pc networks to function with out dangerous interference. Satellite tv for pc-network operations require bilateral/multilateral coordination and cooperation. It’s incumbent on the potential satellite tv for pc operator (or working company) to acquire entry to frequency assignments and appropriate orbital place.

ITU’s Radio Laws are based mostly on the rules of `environment friendly and rational use of the RF spectrum’ and ‘equitable entry’ to spectrum/orbit sources for international locations, laid down in No. 196 (Article 44) of the ITU Structure. Decision 2 of the Radio Laws offers that “all international locations have equal rights in the usage of each the radio frequencies allotted to numerous area radio-communication companies and the geostationary-satellite orbit and different satellite tv for pc orbits for these companies.” Resolve 1 of Decision 2 states that the registration with the Radio-Communication Bureau of frequency assignments for area radio-communication companies and their use doesn’t present any everlasting precedence to any particular person nation or teams of nations and doesn’t create an impediment to the institution of area programs by different international locations. To make use of a business analogy, international locations shouldn’t see the ITU as a wholesaler of spectrum rights granted in perpetuity, which international locations can then market at retail to satellite tv for pc operators.

The world over, satellite tv for pc spectrum is authorised for ‘right-to-use’ by all administrations and is allotted solely by administrative course of, at costs that basically cowl the price of administration.

Not like terrestrial spectrum, satellite tv for pc spectrum is rarely solely assigned to the operator however coordinated internationally and shared amongst a number of operators for various orbital slots and all varieties of satellites. Thus, the terrestrial idea of exclusivity doesn’t apply and auctioning due to this fact shouldn’t be relevant. Furthermore, any commodity to be auctioned has, clearly, to be free from any encumbrances. Satellite tv for pc spectrum has worldwide encumbrances.

Since inception, in each nation, microwave backhaul spectrum has by no means been auctioned. If satellite tv for pc spectrum had been to be auctioned, by the identical logic and for stage taking part in area, it will entail the taking again of all backhaul microwave spectrum from cellular operators and auctioning them. Equally, WiFi spectrum which is delicensed the world over and in India, must be taken again from operators and the general public, and auctioned.

It’s attention-grabbing that the opposite camp seeks to invoke stage taking part in area situations promised by Article14 of the Structure and in addition the well-known judgement of the SC within the 2G spectrum matter, to demand public sale of satellite tv for pc spectrum. Sadly, this can be a grossly flawed argument and confirms the other. Within the cited 2G Spectrum case, there was a Presidential Reference No.1 of 2012, whereby the Supreme Courtroom, opined, in its advisory jurisdiction, that “Public sale, as a way of disposal of pure sources, can’t be declared to be a Constitutional mandate underneath Article 14 of the Structure of India.” The SC additional said that “Public sale could also be the easiest way of maximising income, however income maximisation might not all the time be the easiest way to serve public good.” India has solely one-third of its Asian friends’ satellite tv for pc connectivity per capita and solely one-twentieth and even decrease than that of Europe and the US. A really poor place for our digital ambitions. We should expeditiously transfer forward, in tune with world traits and practices which positively preclude public sale of satellite tv for pc spectrum.. Policymakers shouldn’t permit the business vested pursuits of some terrestrial incumbents to stall or block the large potential contributions of the satellite tv for pc sector.

With analysis inputs from Debashish Bhattacharya