Summary:
The Broadband India Forum (BIF) has opposed the Department of Telecommunications’ draft Spectrum Assignment Rules, 2026, arguing that certain provisions, particularly the requirement for satellite operators to obtain additional government security clearance after receiving a telecom licence, go beyond the scope of the Telecommunications Act. The proposed rule would affect companies such as Starlink, Eutelsat OneWeb, and Jio Satellite Communications. BIF, along with telecom operators including Bharti Airtel and Reliance Jio, is expected to raise concerns with the DoT. The draft framework also outlines administrative allocation of satellite spectrum with annual fees and market-linked spectrum charges, while proposing that BSNL and MTNL apply afresh and pay market-based rates for future spectrum assignments. The DoT has opened the draft for public consultation for 30 days.
The Broadband India Forum (BIF) on Monday expressed strong objections to the Department of Telecommunications’ (DoT) recently released draft Telecommunications (Spectrum Assignment by Administrative Process) Rules, 2026, arguing that certain provisions are inconsistent with the Telecommunications Act. The industry body said it plans to formally raise its concerns with the DoT.
“We are engaging with the DoT and strongly objecting to this draft provision, which we believe is not aligned with the Act. Such a move would be a setback for digital inclusion and could hinder the development of this emerging sector that has significant potential to connect underserved populations,” said TV Ramachandran, President of BIF.
Under the proposed rules, satellite communication operators would be required to obtain security clearance from the central government even after securing a licence from the DoT.
If implemented, this requirement would affect satellite service providers such as Elon Musk’s Starlink, Bharti-backed Eutelsat OneWeb, and Jio Satellite Communications, which would need to complete the security approval process before launching internet or mobile connectivity services.
Ramachandran argued that established legal principles require subordinate legislation to remain within the scope of the parent Act and not introduce omissions, additions, or modifications that alter its core provisions. He stated that BIF considers the proposed rule to be beyond the authority granted under the Act.
Sources indicate that telecom operators including Bharti Airtel and Reliance Jio are also expected to submit representations to the DoT regarding the proposed conditions.
According to a gazette notification issued last week, satellite communication companies will receive spectrum through an administrative allocation process rather than auctions, as is the case for conventional telecom spectrum. The framework proposes annual charges ranging from ₹30,000 to ₹50 lakh depending on the service category, along with a non-refundable application fee of ₹1,000.
However, consistent with earlier government announcements, spectrum usage charges will continue to be determined based on market-linked pricing whenever frequencies are assigned, despite the administrative allocation mechanism.
The DoT has invited public feedback and suggestions on the draft policy over a 30-day consultation period.
The draft rules also propose changes for state-owned telecom operators BSNL and MTNL. Their existing spectrum holdings would not qualify for automatic renewal, requiring both companies to file fresh applications and pay market-based rates whenever they seek additional spectrum assignments.
