Provision of Satellite Services by Foreign Satellite Operators in India - Regulatory Framework

India's present regulatory environment essentiallycapacity is canalized through ISRO. Approval when
requires providers of Indian domestic services (i.e.,granted is usually on a short term basis until
up linked from India, with intended coverage ofINSAT is able to launch future additional capacity.
India) such as Direct to Home ("DTH") and VSATPresently, several leases have been signed with
services to use Indian National Satellite Systemforeign satellite operators by ISRO to cover
("INSAT") satellites. India is a relatively matureshortfalls in transponder capacity including leases
satellite market, with its own domestic satellitewith Thailand's Thaicom for C-band capacity and
operator, Indian Space Research Organizationwith New Skies and SES Americom for Ku-band
("ISRO"), providing geostationary satellite servicescapacity. The Telecom Regulatory Authority of
since 1982. ISRO established in 1969India has been consistently recommending for an
manufactures and successfully launches satellites,'Open Sky' policy for all satellite users. However,
as INSAT. Till the early 1990s, the Indian satellitethis recommendation has so far not been
market was dominated by INSAT and by Intelsat,accepted by GoI and it is unlikely that the same
which was then an international treatywould be considered by GoI in the near future.
organization, one of whose signatory was theHowever, this closed regulatory regime severely
then Government of India ("GoI") ownedlimits the ability of foreign satellite operators to
telephony carrier, Videsh Sanchar Nigam Limited.offer Ku-band services to customers up linking
The key component of DTH and VSAT servicesfrom within India.
is satellite capacity and Ku-band is the frequencyIn view of the foregoing and from a regulatory
of choice for all DTH and VSAT operators. Underviewpoint, presently the only operator capable of
India's present regulatory regime, any companysupplying Ku-band capacity in India for DTH or
wishing to provide subscription based televisionVSAT use is ISRO/INSAT. Clearly, INSAT does
services to customers in India must uplink fromnot have sufficient capacity to satisfy the current
Indian territory, and further must use either anand future demand of the Indian market. Though,
Indian satellite, or a satellite system approved byISRO has received approval to begin building
the Indian Department of Space ("DoS"). Severaladditional satellites to provide expansion capacity,
VSAT operators are also very keen to startbut these will not be available for another 2-3
using Ku-band to lower equipment costs throughyears. According to a Report prepared by Loft
the use of smaller dishes. Some independentCommunications for GVF and CASBAA, INSAT
industry analysts forecast that the demand fromC-band capacity is virtually fully leased, with
these two market segments for Ku-band willforeign operators providing necessary additional
outstrip the demand for C-band within the next 2bandwidth. The Report states that the total
- 3 years. VSAT operators are also required tosupply of Ku-band capacity is limited to 36
use INSAT satellite for national connectivity or atransponders, assuming successful launch of
satellite system approved by DoS, though theproposed INSAT series satellites and its Ku-band
preference is always given to INSAT satellites.offering is fully committed on launch with no
Internet Service Providers are howeveradditional growth opportunity for customers and
authorized to set up international gatewaysno significant capacity available for VSAT
directly using C and Ku-band (and variant thereof)customers. With several DTH players in the Indian
transponders in foreign satellites for globalmarket including the state broadcaster
connectivity, i.e., without any intervention by ISRO.Doordarshan, Space TV (Tata Sky), Sun TV,
Similarly, an International Long Distance serviceReliance, Bharti, Essar, Videocon; increased VSAT
provider is permitted to offer all types of bearertraffic; increased channels offerings by existing
services from an integrated platform using foreignDTH operators, the gap between the available
satellites for provision of international voice, data,bandwidth capacity and required capacity is
fax, video and multi-media tele-services.increasing rapidly. Consequently, unless additional
The approval process for using a non IndianIndian satellite systems are established in India or
satellite or a foreign satellite by a DTH servicean Open Sky policy is introduced in India, potential
provider involves DoS, the Wireless PlanningDTH companies will have no choice but to either
& Coordination Wing of the Department ofcurtail their operations or postpone them until such
Telecommunications and the Ministry oftime as sufficient capacity is available.
Information & Broadcasting. Preference isThis article is introductory to the series of articles
always given to INSAT satellites, operated byon provision of foreign satellite services in India.
ISRO. In instances where INSAT does not haveMy next article on the subject will discuss possible
sufficient in-orbit capacity available for anyentry strategies for foreign companies and
particular service, the lease of foreign satellitesatellite operators in India.