Information Note to the Press (Press Release No.

74/2007)

TELECOM REGULATORY AUTHORITY OF INDIA

For Immediate release

Tel:- 011-23220018
Fax:- 011-23212014
Email:- [email protected]
Website:- www.trai.gov.in

TRAI recommends wide ranging reform measures on licensing policy

for access services provision

TRAI forwarded its recommendations today to the Department of

Telecommunications (DOT), Ministry of Communications and
Information Technology, Government of India on policies that should
govern the licensing frame work for access service provision. The
recommendations contain proposals on a wide range of inter connected
issues that formed the basis of the reference from the DOT dated 13th
April, 2007.

2. DoT’s reference inter-alia required TRAI to make recommendations

on key issues like entry regulation in access service market, review of
guidelines on Merger & Acquisitions including the provisions relating to
cross holding of a licensee company in the same service area, use of
combination of technologies (CDMA, GSM & and/or any other) under the
same license, roll out obligations etc.

3. These and other related issues were raised in the consultation

paper no. 7/2007 dated 12th June, 2007 issued by the Authority as part
of the consultation process. Written submissions received from stake
holders were put out in TRAI’s web-site. Open House Discussions were
held in New Delhi with all the stake holders on 18th July, 2007.
Separately the Authority afforded further opportunity to the associations
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representing industry for making presentations to the Authority.

Repeated and multiple submissions made by the stakeholders on several
key issues have been considered by the Authority. The Authority also
studied international best practices adopted by various regulators /
policy makers in a number of jurisdictions. In-house Research was
carried out to examine the implications of various proposals to test their
validity. International practices / best practices guidelines relied upon
by the Authority have been cited in the text of recommendations
wherever appropriate.

4. After carefully evaluating the progress achieved in the growth of

telecom services in the country since the liberalization of the sector, and
after taking into account the dynamic changes that are seen in the sector
on account of the fast pace of the technological changes, the Authority
has underlined the importance of re-orienting the existing frame work of
policies to suit the needs of emerging environment. More importantly,
the Authority has kept in view the need to achieve the target of 500
million subscribers by 2010 and thus narrowing the “Digital Divide”.

5. The Authority has approached the issues keeping in view the

power unleashed by the market forces in the past resulting in
unprecedented growth of the sector particularly in the wireless space. In
making these recommendations, the Authority has been guided by the
following principles:-
(i) Maximize socio-economic benefits for the country making
use of the technological developments of the sector.
(ii) Remove barriers to competition and efficiency in the market.
(iii) Affordability of services to common man and protection of
consumer interest.
(iv) Enhance efficiency in utilization of scarce resources of radio
spectrum.
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(v) Predictability, transparency and scientific approach in entry

regulation.
(vi) Technology-neutrality and level playing field by affording
opportunity for equal competition.

6. The recommendations made by the Authority are given below :-

Entry Limit in Access Service Provision:
• No cap be placed on the number of access service providers in
any service area.
• In order to frame a new spectrum allocation criteria, a multi-
disciplinary committee may be constituted consisting of
representatives from DoT/TEC, TRAI, WPC wing, COAI &
AUSPI. The committee may be headed by an eminent scientist/
technologist from a national level scientific institute.
• Enhance the present subscriber norms as an interim measure
so that the task of spectrum allocation is not stalled. The
suggested revision is given below:-

GSM subscriber base criteria (millions of subscribers)

Service Area 2 x 6.2 MHz 2 x 8 MHz 2 x 10 MHz 2 x 12.4 MHz 2 x 15 MHz
Delhi/Mumbai 0.5 1.5 2 3.0 5
Chennai/Kolkata 0.5 1.5 2 3.0 5
A 0.8 3 5 8 10
B 0.8 3 5 8 10
C 0.6 2 4 6 8

CDMA subscriber base criteria (millions of subscribers)

5th carrier
rd th
3 carrier 4 carrier (2 x 6.25 6th carrier
Service Area (2 x 3.75 MHz) (2 x 5 MHz) MHz) (2 x 7.5 MHz)
Delhi/Mumbai 0.5 2 3.0 5
Chennai/Kolkata 0.5 2 3.0 5
A 0.8 5 8 10
B 0.8 5 8 10
C 0.6 4 6 8
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• GSM and CDMA operators may be given additional spectrum

beyond 2X4.4 MHz and 2X2.5 MHz respectively after they
achieve required subscriber base and subject to reporting
compliance of roll-out obligation.
• Any licensee wishing to get additional spectrum beyond 10 MHz
in the existing 2G bands i.e. 800,900 and 1800 MHz after
reaching the specified subscriber numbers shall have to pay a
onetime spectrum charge at the rate mentioned below on
prorata basis for allotment of each MHz or part thereof of
spectrum beyond 10 MHz.
Service Areas Price (Rs.in million) for 2X5 MHz
Mumbai, Delhi and Category A 800
Chennai, Kolkatta and Category B 400
Category C 150
• For one MHz allotment in Mumbai, Delhi and Category A service
areas, the service provider shall have to pay Rs. 160 million as
one time spectrum acquisition charge.
• All spectrum excluding the spectrum in 800, 900 and1800
bands should be auctioned in future so as to ensure efficient
utilization of this scarce resource.
• Annual spectrum usage charges linked to the revenue of
operators to be revised as given in table below:
Spectrum Current Proposed
Upto 2X4.4 MHz 2% No Change
Upto 2X6.2MHz/2x5
MHz 3% No Change
Upto 2X8MHz 4% No Change
Upto 2X10MHz 4% 5.00%
Upto 2X12.5MHz 5% 6.00%
Upto 2X15 MHz 6% 7.00%
Beyond 2X15 MHz - 8.00%
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Merger and Acquisition Guidelines:

• The relevant service market be defined as wire line and wireless
services. Wireless service market shall include fixed wireless as
well. The relevant geographic market would continue to be
licensed service area. The relevant geographic market shall be
licensing circle as it exists today.
• For assessment of market power, market share of both
subscriber base and revenue of licensee in the relevant market
shall be considered to decide the level of dominance for
regulating the M&A activity.
• M&A guidelines should use Exchange Data Records (EDR) in
the calculation of wireline subscribers and VLR data, in the
calculation of wireless subscribers for computing market share
based on subscriber base.
• The duly audited Adjusted Gross Revenue shall be the basis of
computing revenue based market share for operators in the
relevant market.
• Market share of merged entity in the relevant market shall not
exceed 40% either in terms of subscriber base or in terms of
revenue.
• No M&A activity shall be allowed if the number of wireless
access service providers reduces below four in the relevant
market consequent upon such an M&A activity under
consideration.
• Existing cap of 2x15 MHz per operator per service area for
metros and category A circle and 2x12.4 MHz per operator per
service area in category B and C circle applicable for a post
merger entity be removed for purposes of regulating M&A
activity.
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• For the purpose of payment of the spectrum charge, the

spectrum held by the two licensees will be added/merged and
the annual spectrum charge will be at the prescribed rate
applicable on this total spectrum.
• Acquisition of equity capital up to 10% of the target licensee’s
enterprise shall be permitted by an automatic route and
anything beyond that and up to 20% of the equity holdings of
the target licensee company, shall be approved on a case by
case basis and the process of such approvals will be based on
the M&A guidelines contained in these recommendations.

Access Service using Combination of Technologies:

• In case a new licensee wishes to deploy any other advanced and
efficient technology for providing mobile service, the DoT should
allocate spectrum subject to its availability.
• An existing licensee may be permitted to use alternate
technology to provide wireless access service subject to
following conditions:
1. On payment of an upfront fee which should be, at least,
equal to the entry fee for UAS licence in that service area.
2. Such a licensee shall maintain separate details of the
subscriber base data for the purposes of spectrum allocation
3. For the purpose of payment of the spectrum charge, the
spectrum held by the two licensees will be added/merged
and the annual spectrum charge will be at the prescribed
rate applicable on this total spectrum.
4. The AGR will be the combined AGR of the service rendered
through both the technologies. It is the combined AGR which
will determine the license fee.
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5. For purposes of assessment of market power in the context

of competition analysis in the market, the combined market
share arising out of service provision through both the
technologies will be taken into account and obligations if any
to be imposed on such dominant operators as and when
necessary in future will be done with reference to combined
market power of such licensees.
6. In order to ensure that this additional spectrum is efficiently
and properly utilized in a timely manner; the licensee should
also be required to fulfill the contingent roll out obligation.

Roll-out Obligations:
• The present provisions of roll out obligations should not be
changed for the access service providers.
• TEC should give the required certificate of compliance or any
other report of inadequacy within 90 days. This time limit
should start from the date when the application has been
submitted to TEC. It is necessary that this work is delegated by
TEC to certain other technically qualified organizations. The
Vigilance Technical Monitoring Cell of DoT, C DoT and technical
institutions who have requisite competence like IITs may also
be entrusted to carry out verification/certification tests on the
basis of a fee to be determined by DoT.
i. SACFA clearance should be given in a stipulated time frame of
60 days. In case no communication is received in this
prescribed time frame, the application will be deemed to be
approved.
ii. Without any change in the provision of LD, in case the roll out
obligation is not met even after 52 weeks of the period
prescribed for completing roll out obligations, the Authority
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recommends that the reference to termination of license in Cl.

35.2 of UASL may be replaced by the following
i. The performance bank guarantee be forfeited and the service
provider may be asked to resubmit PBG of the same amount.

ii. No additional spectrum may be allocated to licensee till he

does not fulfill the roll out obligations.

iii. Such a licensee should not be eligible to participate in any

spectrum auction till the roll out obligation is met.

iv. Any proposal of permission of merger and acquisition should

not be entertained till the roll out obligation is met.
Existing service providers who are in non-compliance of roll out
obligation and do not possess the requisite TEC certificate may be
given six months grace time as one time relief in present case only
to comply with new certification scheme and imposition of penalty
on earlier default will not be waived.
Rural roll-out by wireless access providers has been recommended
for incentivisation using the USOF.
As per this framework a licensee who covers 75% of development
blocks in any service area (excluding the four Metro service areas)
should be eligible for a payment of Universal Service Obligation fee
at a reduced scale. Such a licensee will be required to pay only 3%
as against the existing level of 5%.

(Sudhir Gupta)
Advisor (MN)