New Delhi: The Government has clarified that India’s regulatory framework for satellite communication services is fair and non-discriminatory, rejecting suggestions circulating on social media that the framework is being applied selectively or unfairly.
The clarification was issued in response to a post being circulated on social media questioning the fairness of India’s regulatory framework for satellite communication services and suggesting that its application may be discriminatory.
The Government said that it has put in place a fair and non-discriminatory authorisation framework covering all telecommunication services, including satellite communication services.
According to the Government, the framework is designed to provide a common regulatory pathway for entities seeking to offer telecommunications services in India, while ensuring that mandatory security requirements are met before services can progress to the next stage.
Three Satellite Communication Licences Granted
As part of its commitment to enable satellite communication services in India, telecom licences have been granted to three Global Mobile Personal Communications by Satellite (GMPCS) services based on non-geosynchronous satellite orbit (NGSO)-based satellite communications.
The licensing of these three entities is part of the Government’s effort to facilitate the provision of satellite communication services using satellite-based technologies.
However, the Government has clarified that the grant of a telecom licence does not mean that a service provider can immediately begin commercial operations or obtain spectrum assignment.
There are additional regulatory requirements that every licensee must fulfil before moving to the next stage.
Security Compliance Mandatory for Every Licensee
Under the terms and conditions of the licence, every licensee is required to demonstrate compliance with prescribed security conditions.
The Government said these conditions are intended to ensure that the services being provided meet various security requirements necessary for the safety of users and their data.
This security assessment forms an important part of the regulatory process for satellite communication services. It is not an additional requirement imposed selectively on any one company, but a condition applicable to every licensed entity.
The Government has clarified that the security assessment process is currently under way in respect of all three licensees.
What Happens After Security Assessment?
The regulatory process does not end with the grant of the telecom licence. A licensed entity has to complete the prescribed security assessment before it can move to the next stage of seeking assignment of spectrum.
The Government explained that once the security assessment process is completed for a particular licensed entity, that entity may proceed to the next step of seeking spectrum assignment.
Thus, the regulatory sequence involves licensing, fulfilment of security requirements and assessment, followed by the process for spectrum assignment.
This distinction is important because a telecom licence and spectrum assignment represent separate stages of the regulatory framework.
All Three Entities at Broadly the Same Stage
The Government has specifically pointed out that all three licensed entities are currently at broadly the same regulatory stage.
Security assessments are under way for each of the three licensees. Therefore, according to the Government, there is no basis for suggesting that one licensed entity is being subjected to a different regulatory framework or that the rules are being selectively applied.
The Government’s clarification indicates that the three entities must meet the same applicable security requirements before moving ahead with the spectrum assignment process.
Government Rejects Claims of Discrimination
Against this backdrop, the Government has rejected the suggestion that India’s regulatory framework for satellite communication services is unfair or discriminatory.
It has described such a suggestion as “baseless and misconceived”, maintaining that the authorisation framework applies fairly and uniformly to telecommunication services, including satellite communication services.
The Government has also emphasised that security requirements are an integral part of the licensing conditions and are intended to safeguard users and their data.
With the security assessment process currently under way for all three licensees, the next stage for each entity will depend on completion of the applicable regulatory requirements.
For now, the Government maintains that all three satellite communication licensees are broadly at the same stage and are being processed under the same regulatory framework.
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