India’s Telecommunications Act 2023: Optimizing the Utilization of Satellite Spectrum

The Telecommunications Act 2023 allows administrative spectrum assignment for fixed satellite services (FSS) and mobile satellite services (MSS). The Telecom Regulatory Authority of India (TRAI) will draft administrative guidelines based on the Act’s provisions. Given India’s experience with administrative spectrum assignment and the 2G controversy, TRAI guidelines must be equitable and transparent. This paper analyzes the challenges involved in the process and makes recommendations for the TRAI guidelines.

On December 24, 2023, the Indian Government notified the Telecommunications Act, 2023 (Telecom Act). This Act amends and updates several dated telecommunications laws and introduces a unified authorization regime to streamline telecom licensing. It also introduces the provision for spectrum assignment through administrative allocation for fixed satellite services (FSS) and mobile satellite services (MSS). Based on the provisions in the Act, the Telecom Regulatory Authority of India (TRAI) will draft the administrative guidelines for spectrum assignment. Given India’s experience with administrative spectrum assignment and the 2G controversy, judicious spectrum assignment places a responsibility on TRAI to ensure that the guidelines ensure transparency and a level playing field. This paper analyzes the various issues involved, lessons learnt, and makes recommendations for the TRAI guidelines.

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