Ahead of the release of the Government Policy on Telecom Spectrum Sharing, M&A, etc we’d like to highlight the War of Words between the TRAI and the DoT in this context since 2010. A gentle reminder would be that the interest of the Nation comes last and the agenda driven politics along with filling the coffers of Political masters offshore bank accounts drive these differences.
Telecom Spectrum Sharing in India
TRAI Recommendations in May 2010Spectrum sharing will be permitted but in each case, it will be in the same licence service area and will be with the prior permission of the licensor, strictly in accordance with the guidelines being laid out.
In 2011, Spectrum sharing will be permitted but in each case, it will be in the same license service area and will be with the prior permission of the licensor, strictly in accordance with the guidelines being laid out. Maintains its stance in the recent 2013 recommendations.
Minimum spectrum holding
TRAI Recommendations in 2010 Spectrum sharing will be allowed only between parties, each of whom does not have more than 4.4MHz /2.5 MHz, (GSM/CDMA) of spectrum
DoT Responds
TRAI vide their recommendations on Infrastructure policy recommended that a Unified Licensee who does not have
spectrum can be permitted to work as MVNO by sharing spectrum with MNO. In view of above, TRAI may reconsider
spectrum sharing for licensees not holding even the initial 4.4 MHz GSM spectrum as well as those holding more than 4.4MHz.
TRAI in 2011 Recommendations TRAI reiterated its recommendations of 12 April 2011. The spectrum sharing between two access spectrum holders is completely different from an MNO/ MVNO relationship.
3G licensees
This is the classic case of Heights of Lobbying & Corruption awaiting Supreme Court Judgement.
TRAI Recommendations in 2010 Spectrum sharing will not be permitted among licensees having 3G spectrum.
DoT’s Reply in Auction Clarification Intra Service Area roaming in 3G network where one of the operators does not have 3G spectrum shall not be treated as spectrum sharing. Later DoT makes a U Turn and the matter is pending in the Supreme Court and DoT has done some retrospective amendments to rules as thought by Pranab Mukherjee in the Vodafone Case killing investor confidence in the country.
Let us wait for few more days and Zero Hero Minister Kapil Sibal will unveil new set of regulations likely to be favoring non A-Vo-Id Telecom Operators Group.