BIF flags omission of GMPCS in DoT’s draft spectrum assignment rules, seeks urgent correction

The Broadband India Forum (BIF) has urged the Department of Telecommunications (DoT) to address what it calls a “significant omission” in the Draft Telecommunications (Spectrum Assignment by Administrative Process) Rules, 2026, warning that the exclusion of Global Mobile Personal Communication by Satellites (GMPCS) could create regulatory uncertainty for satellite communications in India.

In a letter dated June 23 to Telecom Secretary and Digital Communications Commission Chairman Amit Agrawal, BIF President TV Ramachandran said the draft rules—issued on June 17 under the Telecommunications Act, 2023—fail to include GMPCS in the list of services eligible for administrative spectrum allocation, despite its explicit inclusion in the parent legislation.

Gap between Act and Draft rules
The industry body pointed out that Schedule I of the draft rules covers a range of satellite-based services, including DTH, VSAT, HITS, teleports, and mobile satellite services in specified bands. However, GMPCS—listed under Entry 16 of the First Schedule of the Telecommunications Act, 2023—has not been incorporated into the draft framework.

BIF noted that the omission extends beyond Schedule I, with GMPCS also absent from Annexures VII and IX, which define assignment methodology, terms and conditions, and spectrum charges. As a result, there is currently no स्पष्ट regulatory pathway for GMPCS services under the proposed rules.

Legal and policy concerns
The forum argued that the draft rules, as subordinate legislation, must align fully with the provisions of the parent Act. Citing the Supreme Court’s judgment in State of Tamil Nadu v. P. Krishnamurthy (2006), BIF emphasized that rules cannot deviate from or curtail the scope defined by the legislature.

“Given its explicit inclusion in the Act, the absence of GMPCS in the draft rules raises concerns of inconsistency and may render the provisions vulnerable to legal challenge,” the letter noted, adding that the draft in its current form could be considered ultra vires.

Importance for satellite connectivity
BIF underscored the growing relevance of GMPCS services in expanding connectivity, particularly in remote and underserved regions, where satellite-based communications are expected to play a critical role alongside terrestrial networks.

The omission, it warned, could impact investor confidence and delay the rollout of satellite broadband and mobility services at a time when India is accelerating its digital infrastructure and space-based connectivity ecosystem.

BIF’s recommendations
The industry body has called on the DoT to:

• Include GMPCS explicitly in Schedule I of the draft rules in line with the Act
• Map GMPCS to appropriate annexures covering spectrum assignment, terms, and charges
• Amend relevant provisions to establish a clear operational framework for administrative spectrum allocation

BIF added that early clarification during the consultation phase would help avoid ambiguity during implementation. The forum indicated it will submit a more detailed response on other aspects of the draft rules within the 30-day consultation window.

The DoT has not yet issued a response to the concerns raised.

CT Bureau