In a letter to Minister Scindia, Reliance Jio highlighted the Supreme Courtroom’s ruling within the 2G case, warning that the TRAI’s omission of questions concerning a degree enjoying discipline might lead to potential authorized disputes.
The letter from Reliance Jio was prompted by the TRAI’s rejection of its request to incorporate questions concerning the degree enjoying discipline between terrestrial community suppliers, which use ground-based towers for cellular providers and satellite tv for pc communication service suppliers.
The TRAI beforehand reported to have initiated a session course of that aimed to find out the methodology and pricing for assigning spectrum to satellite tv for pc corporations, enabling them to supply calling, messaging, broadband, and different providers in India.
In its letter, Reliance Jio identified that a number of satellite tv for pc communication corporations, together with Elon Musk’s Starlink, Amazon’s Kuiper, Bharti Group-backed OneWeb, Eutelsat, and the SES-Jio three way partnership, have proven curiosity in providing their providers in India. This improvement poses a direct problem to land-based cellular networks. Consequently, Reliance Jio asserted {that a} honest and clear public sale system for satellite tv for pc providers is essential to make sure equitable competitors out there.
Reliance Jio famous that whereas the Division of Telecommunications (DoT) acknowledged the need for a degree enjoying discipline in its reference to the TRAI, the session paper launched by the TRAI appeared to neglect this essential concern. Reliance Jio expressed that it believes the TRAI has prematurely closed the dialogue with out looking for enter from stakeholders.
The telecom operator additional acknowledged that the session paper didn’t pose related questions concerning the extent enjoying discipline, stopping stakeholders from expressing their views.
“Such a session train might lead to suggestions that disregard this very important problem of degree enjoying discipline. Though we’ve got raised this problem with TRAI and requested that the session paper be revised to deal with the extent enjoying discipline points between satellite tv for pc and terrestrial networks, our request has not been thought-about favorably,” Reliance Jio stated.
The federal government, underneath the Telecommunications Act 2023, has chosen to allocate spectrum for particular satellite tv for pc providers by means of an administrative course of as a substitute of utilizing an public sale.
Reliance Jio emphasised {that a} complete evaluation of technological developments, market demand and provide, and the financial feasibility of conducting spectrum auctions was not carried out by the DoT or the TRAI previous to the choice to permit administrative allocation for satellite tv for pc cellphone providers.
Reliance Jio additional acknowledged that, in accordance with the clear legislative intent and the DoT’s acknowledgment of the necessity for a degree enjoying discipline between satellite tv for pc and terrestrial providers, the TRAI ought to conduct a radical evaluation of technological developments, market demand and provide, in addition to the technical and financial feasibility of auctions for satellite tv for pc providers.
Reliance Jio warned that failing to take action might render the TRAI’s session course of and subsequent suggestions topic to authorized scrutiny. The corporate highlighted that the Honorable Supreme Courtroom of India, in numerous judgments, has underscored the significance of a clear and honest mechanism for spectrum project, rejecting the ‘first-come-first-served’ technique.
“Any preferential remedy of satellite-based providers, whether or not underneath the guise of rising applied sciences or international precedents, ought to be firmly rejected. Spectrum project insurance policies should align with established authorized mandates, together with the Supreme Courtroom’s directive on adopting a good, clear and non-discriminatory method,” Reliance Jio added.
