Department of Telecommunications (DoT) asked TRAI to make recommendations regarding the telecom operators to share essential network elements, including MSC, HLR, and IN, under Section 11(1)(a) of the TRAI Act, 1997 (as modified).
Department of Transportation (DoT) informed the licensees that, to maximize resource utilization, it is proposed to permit the sharing of all types of telecom infrastructure and network elements among all categories of service providers licensed under Section 4 of the Indian Telegraph Act, 1885 for the provision of authorized telecom services. The DoT referenced its earlier reference, dated 07.12.2021, in this letter dated 10.02.2022. The DoT also requested that TRAI submit its recommendations on the matter.
The Authority decided to address spectrum sharing and leasing issues, as well as infrastructure sharing issues, in the stakeholder consultation after receiving requests from
stakeholders to allow inter-band spectrum sharing and leasing in the nation.
Spectrum is acknowledged in the National Digital Communications Policy (NDCP) 2018 as a vital natural resource for the public good to meet India’s socioeconomic objectives. The country’s laws governing spectrum sharing, leasing, and trade are intended to be further liberalized by NDCP 2018. The Central Government may allow the sharing, trading, leasing, and surrender of allocated spectrum, subject to the terms and conditions, including any applicable fees or charges, as may be prescribed, according to the recently passed Telecommunications Act, 2023.
A Consultation Paper on Telecommunication Infrastructure Sharing, Spectrum Sharing, and Spectrum Leasing was released by TRAI on January 13, 2023, to get feedback and counter-feedback from interested parties. Stakeholders responded with twenty-one comments and five counter comments. On May 24, 2023, a virtual open house debate over the consultation document was conducted.
Recommendations : Telecom Infrastructure sharing
The recommendations on “Telecommunication Infrastructure Sharing, Spectrum Sharing, and Spectrum Leasing” have been finalized by TRAI based on its analysis and the comments and counter-comments received from stakeholders. The following are the recommendations’ key points:
(i) All other telecommunication service licensees should be able to use the passive infrastructure that each licensee owns, establishes, and operates under their respective licenses, such as buildings, towers, electrical equipment, duct space, power plants, batteries, and right-of-ways.
(ii) As long as they stay within the parameters of their respective licenses, license holders for telecommunication services should be able to share any kind of active infrastructure element that they own, construct, and run with other license holders for telecommunication services.
(iii) DoT should include a clause in the agreement with the Universal Service Provider (USP) for any future Universal Service Obligation Fund (USOF) projects under the Indian Telegraph Act, 1885 (or Digital Bharat Nidhi under the Telecommunications Act, 2023) stating that the USP will not be able to refuse to share the passive infrastructure laid out under the project to at least two other telecom service providers in an open and non-discriminatory manner.
(iv) DoT should investigate the viability of giving such USPs instructions that the USP shall not refuse to share the passive infrastructure laid under the project with at least two other telecom service providers on an open and non-discriminatory basis in the already allotted USOF projects.
(v) In the best interests of customers, a telecom service provider that has constructed mobile network infrastructure in the nation’s remote and distant areas with full or partial
funding from the government under USOF (or Digital Bharat Nidhi) ought to be required to grant other TSPs on its network the ability to roam there for a maximum of three years at first.
(vi) In an LSA, it should be legal for access service providers to share interband access spectrum. This can be done in one of two ways: either by pooling access spectrum that each participating access provider holds in different frequency bands through shared radio access networks, or by enabling the partnering access service providers to use each other’s radio access networks while operating in the shared frequency band(s).
(vii) The Department of Telecommunications (DoT) ought to investigate the feasibility of introducing authorized shared access (ASA) technique-based spectrum sharing in India. This would allow access service providers to be designated as secondary users for the spectrum allotted to government agencies or other entities (non-TSPs) in the globally harmonized spectrum bands for IMT services.
(viii) Under the direction of DoT, a field test of ASA technique-based spectrum sharing amongst the willing access service providers ought to be carried out.
(ix) Access service providers should be able to lease access spectrum to one another.
(x) The TRAI has also supplied the necessary terms and conditions for the execution of the aforementioned recommendations through these recommendations.
The TRAI has also supplied the necessary terms and conditions for the execution of the aforementioned recommendations through these recommendations.
Telecom service providers will benefit from lower costs and faster time to market if the telecom infrastructure-sharing suggestions are put into practice. By making efficient use of government-funded infrastructure, the recommendations on the mandatory sharing of passive infrastructure made under the Universal Service Obligation Fund (USOF) projects hope to benefit multiple telecom service providers by increasing the reach of telecommunication coverage in underserved areas.
In addition, the suggestions about required roaming on government-funded mobile network infrastructure in remote and distant locations are meant to lessen the difficulties that customers encounter as a result of home network provider connectivity problems.
Only intraband spectrum sharing and trading are currently allowed in the nation. The TRAI has suggested that spectrum leasing and inter-band spectrum sharing be allowed in order to make better use of the limited spectrum. By putting these suggestions into practice, telecom service providers will be able to offer a greater range of telecommunication services and higher quality of service. Additionally, the suggestions for investigating the viability of authorized shared access (ASA) technique-based spectrum sharing are meant to reinforce the effective and efficient use of the limited resource.
You may find the recommendations on the TRAI website, www.trai.gov.in. You can reach Shri Akhilesh Kumar Trivedi, Advisor (Network Spectrum & Licensing), TRAI, by phone at +91-11-23210481 or via email at advmn@trai.gov.in, if you have any questions or concerns.
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TRAI Recommendations on ‘Telecommunication Infrastructure Sharing, Spectrum Sharing, and Spectrum Leasing’
TRAI (Telecom Regulatory Authority of India) has put forth comprehensive recommendations on ‘Telecommunication Infrastructure Sharing, Spectrum Sharing, and Spectrum Leasing.’ These recommendations aim to optimize resource utilization and enhance efficiency in the telecom sector. By promoting infrastructure sharing, TRAI aims to reduce costs, accelerate network expansion, and improve service quality across India.
The recommendations also emphasize the importance of spectrum sharing and leasing to address growing demand for mobile and broadband services. Facilitating these practices can lead to better spectrum management, increased competition, and enhanced consumer choice.
TRAI’s proposals encourage collaboration among telecom operators while ensuring fair competition and regulatory compliance. They represent a significant step towards fostering a more robust and interconnected telecom ecosystem in India, capable of meeting evolving technological demands and consumer expectations.
These recommendations are poised to drive innovation, investment, and growth in India’s telecommunications sector, ultimately benefiting consumers and stakeholders alike.
