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Beyond The Auction Debate: How India’s Administrative Assignment Of Satellite Spectrum Gives Effect To The ITU’s Equitable Access Mandate

3 hours ago
2 min read



Sanat Nandkishore, National Law Institute University, Bhopal

Prathviraj Singh Sikarwar, National Law Institute University, Bhopal


ABSTRACT


India’s satellite broadband market stands at the threshold of commercial launch, and it does so on the strength of a framework that the Government has built with considerable care. The Telecommunications Act 2023 settles the mode of assignment by placing satellite-based services in the First Schedule, which removes them from the default rule of auction. The pricing exercise that followed has given that framework a simple, balanced and administrable charge, reflecting a consultative process between the executive and the regulator. This paper argues that the public debate on auction versus administrative assignment asks the wrong question, since the rights that matter in satellite communication are created at the International Telecommunication Union. Those rights arise through filing, coordination and recording rather than through any domestic sale, and the ITU Constitution requires them to be used rationally, efficiently and economically. The paper demonstrates that India’s choice of administrative assignment gives effect to that obligation in a manner consistent with the practice of the United States, Brazil and the European Union. It contends that the residual uncertainty surrounding the framework lies not in any legislative or executive choice but in the judicial treatment of spectrum after the 2G judgment. That judgment applied reasoning drawn from terrestrial spectrum to a resource that the Court did not examine, and the Supreme Court has not yet had occasion to revisit it. The paper concludes that the Telecommunications Act and the norms issued by IN-SPACe already equip the Government to carry its framework forward on the foundations it has laid. Deployment-linked assignment, a default framework for sharing between non-geostationary systems and a spectrum-linked charge would each build on choices the Government has already made.


Keywords: satellite spectrum, ITU Radio Regulations, Telecommunications Act 2023, non-geostationary constellations, equitable access, administrative assignment.




Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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