Administrative spectrum allocation in sync with SC's order: SpaceX to Trai

In a strong pitch to the Indian regulator, Elon Musk’s SpaceX has justified ‘administrative’ allocation of spectrum for satellite communications, saying it is in consonance with a 2012 Supreme Court order.

The order specified that when ‘transferring’ or ‘alienating’ all scarce natural resources, the state must opt for an auction.  

In its communication to TRAI, SpaceX has said the focus of the Ministry of Communications and TRAI will be on ensuring that any spectrum assignment process complies with the order, which was given during the cancellation of many 2G licences. It also recognises that TRAI’s assignment method must not be ‘overly subject to legal challenge’.

SpaceX was responding to the consultation paper floated by TRAI on the best way to assign spectrum: auction, administratively or through any other method of allocation.

The company points out that “The Hon’ble Supreme Court notes (as part of the 2012 judgement)  that “[…] while transferring or alienating the natural resources, the state is duty bound to adopt the method of auction […]”. 

In its response, SpaceX observes that the ruling ‘did not discuss the technical possibility of shared use by satellites’.

“In the case of shared access by all satellite providers, spectrum is neither ‘transferred’ nor ‘alienated’. Its use by one operator does not prevent use by another,” SpaceX argued. This, it goes on to say, is also essential to ensure a predictable rollout and operating environment for all satellite operators as well as users.

SpaceX had made it clear that its strongest recommendation is that TRAI must guarantee certain essential technical requirements that are fundamental for LEO and NGSO systems to be able to provide a service, especially shared access nationwide to the entirety of the critical bands allocated to satellite services for all satellite operators.

In mobile services, the allocation of spectrum is exclusively for the use of the operator.   

The company’s interpretation of the Supreme Court order opens up the debate on whether the government needs to auction all the spectrum available or whether it has the powers to assign it administratively, as it does for backhaul spectrum and for VSAT operators.

SpaceX is one of the key players planning to offer satellite broadband services in the country and would be competing with Sunil Mittal’s OneWeb with a constellation of low earth orbit satellites across the world.

Through Starlink, SpaceX already offers services in various parts of the world, including the US and Europe. Both SpaceX and OneWeb support administrative allocation of spectrum, as do all satellite operators.

But Reliance Jio and Vodafone Idea support an auction, a view endorsed by the Department of Telecommunications.      

The TRAI paper spectrum assignment envisions global interest from satellite players who have provided inputs as they are keen to enter or strengthen their position in India’s satellite communications sweepstakes.

These include Myriota from Australia which offers satellite-based IOT services with 208 LEO satellites, US-based Globalstar which is offering emergency services on iPhones, Thaicom, Mangata, Kuiper (from Amazon), and Telesat among others.

Case study

• 2012 Supreme Court order: When ‘transferring’ or ‘alienating’ all scarce natural resources, the state must opt for an auction
• SpaceX said the focus of the Ministry of Communications and TRAI will be on ensuring that any spectrum assignment process complies with the order
• SpaceX observed that the ruling ‘did not discuss the technical possibility of shared use by satellites’
• Communication recognised that TRAI’s assignment method must not be ‘overly subject to legal challenge’
• SpaceX was responding to the consultation paper floated by TRAI