Telecom regulator Trai’s consultation paper on spectrum allocation for satellite communications seems to have completely sidestepped the issue of level playing field with ground-based telecom networks, a former Supreme Court Judge said in response to a legal opinion sought by Reliance Jio.

Reliance Jio is learnt to have submitted the legal opinion received on a consultation paper floated by the Telecom Regulatory Authority of India (Trai) from former Supreme Court judge L Nageshwara Rao, a PTI report from New Delhi stated.

Reliance Jio has urged telecom regulator Trai to come up with a revised paper on spectrum allocation for satellite communication alleging that it ignores the key point of ensuring level-playing field between satellite and terrestrial services.

Other media reports, quoting the legal opinion, stated that TRAI is “in blatant violation” of its transparency obligations under the TRAI Act for failing to invite stakeholder comments on the topic of a levelling field for terrestrial access services

“The consultation paper issued by TRAI seems to have completely sidestepped the issue of level playing field with terrestrial access services. This has resulted in deprivation of opportunities for the stakeholders to provide comments and for the TRAI to engage in robust consultations before providing recommendations, as specifically requested by the DoT (Department of Telecoms). Thus, it can be conclusively said that by not inviting comments on the aspect of level playing field with terrestrial access services, the TRAI is in blatant violation of its transparency obligations under Section 11(4) of the TRAI Act,” said Rao.

In October, Reliance Jio had commented that TRAI’s paper overlooked the need for a level playing field between satellite and terrestrial networks while also raising concerns regarding spectrum pricing and the preference for administrative allocation of spectrum over auctions.

Justice Rao, according to media reports, is reported to have observed the government should have sought comments from stakeholders on the consultation paper as Sections 4 and 5 of the Telecom Act allowed the government to amend the list of entries.

“Sections 11(4) of the TRAI Act requires the TRAI to ensure transaprency while exercising its powers and discharging its functions,” said Rao.