Reliance Jio seeks Scindia’s help in Trai satcom consultation to secure a level-playing field

Jio

Following a letter to the Trai chairman last week, Reliance Jio has urged Communications Minister Jyotiraditya M Scindia to direct the telecom regulator to re-issue a fresh consultation paper for a level playing field between satellite-based and terrestrial communication services.

In an October 10 letter, Jio expressed “significant concerns” over Trai's latest consultation paper on the spectrum assignment for certain satellite-based services, highlighting the need for a spectrum assignment policy that ensures transparency, fairness and competition.

The telco noted that the Department of Telecommunications (DoT) correctly recognised the need for a level playing field in its reference to Trai, but the consultation paper appears to overlook this critical issue.

Jio, in its letter, said that the regulator has pre-emptively closed the matter without soliciting stakeholder views.

“By failing to ask pertinent questions on this issue, stakeholders are deprived of the opportunity to voice their opinions. Such a consultation exercise could result in recommendations disregarding this vital issue of level playing field,” Jio said, adding that its request from Trai has not been considered favourably.

Jio said recent advancements in satellite technologies, such as Non-Geostationary Satellite Orbit (NGSO) systems, Direct-to-Device (D2D) services, and the convergence of satellite-based access services in IMT-Advanced, have significantly blurred the lines between satellite and terrestrial networks. As a result, ensuring a level playing field is critical.

These technological advancements enable converged networks, blurring distinctions between satellite and terrestrial systems. Satellite-based services are no longer confined to areas unserved by terrestrial networks. While they complement terrestrial networks in some unconnected regions, they would be competing directly in covered areas, Jio said in its letter.

Historically, spectrum for satellite services in India has been administratively assigned for backhaul and closed user group (CUG) services through Geostationary Satellite Orbit (GSO) systems, which did not compete with mobile or fixed-line services. However, with advancements in 5G, 5G Advanced, and the upcoming 6G technologies, satellite-based services are now being used for public access (both fixed and mobile). This shift has led to concerns about interference, requiring exclusive frequency assignments or limits on the number of operators, Jio wrote.

Despite the growing interest from global satellite constellations like Starlink, Kuiper, and OneWeb, no comprehensive study on technological evolution, market feasibility, or the suitability of spectrum auctions was conducted when the spectrum allocation rule was added to the Telecommunications Act.

These constellations are set to compete directly with the terrestrial networks for both mobile and fixed wireless access, which acquire spectrum through auctions. Therefore, a fair and transparent auction process for satellite services is seen as crucial to ensuring a level playing field. “We strongly advocate that spectrum assignment for both terrestrial and satellite-based access services follow the principle of 'Same Service, Same Rules'. Therefore, ensuring parity in regulatory levies, including spectrum charges, is essential to prevent regulatory arbitrage and to ensure a level-playing field,” Jio said.

In its letter, the telecom operator said 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, as outlined in Section 4 of the Telecommunications Act, 2023. Any discriminatory assignment of resources would distort the competition and undermine India's objective of fostering a robust domestic satellite ecosystem. Any preferential treatment of satellite-based services,” the telco said.