File
No.L--14047/01/2002--NTG
Government of India
Ministry of
Communications and Information Technology
Department of
Telecommunications
Wireless Planning and
Coordination (WPC) Wing
dated: April 18, 2002
ORDER
Subject: Spectrum charges for M. W. access and
backbone networks of cellular networks
This is in continuation to the
Government of India Order Nos. L-14041/06/2000--NTG dated 22.9.2001 and 1
February, 2002 specifying spectrum charges for GSM frequencies in 900/1800 Mhz
band.
1.
Assignment
of frequencies for M. W. access and M. W. backbone networks for cellular
operations, would continue to be considered on the basis of full justification
of the requirements and availability of the spectrum, on case-to-case and
link-to-link basis, after taking into consideration the interest of the other
users with a view to ensuring electromagnetic compatibility etc. The complete technical analysis and all
related aspects of frequency assignments, including efficient use of spectrum,
will apply before assigning frequencies for various M. W. access backbone
links. There will be no obligation on
the part of the Government to assign frequencies for such purposes. Migration
to revenue sharing concept is basically to simplify the system for charging of
the spectrum and in no way it should be linked to the grant of frequency
spectrum.
2.
Subject
to the above conditions, the spectrum charges for microwave access networks
(normally in the frequency band 10 Ghz and beyond) would be as given below:
1. for spectrum bandwidth up to112 Mhz
in any of the circles, or 224 Mhz in any of the 4 metros, spectrum charges
shall be levied @ 0.25% of AGR per annum; and
2. for every additional 28 Mhz or part
thereof (if justified and assigned) in circles or 56 Mhz or part thereof in any
of 4 metro areas, additional spectrum charges shall be levied @ 0.05% of AGR
per annum.
1.
These
will include the royalty charges for spectrum usages and license fee for the
fixed stations in the M. W. access links.
4. Further they spectrum charges from M.
W. backbone networks to provide connectivity in the circle including Spur
routes, (generally below 10 Ghz frequency band) would be as given below:
1. For spectrum bandwidth upto 56 Mhz,
spectrum charges shall be levied @ 0.10% of AGR per annum; and
2. for every additional 28 Mhz or part
thereof (if justified and assigned), additional spectrum charges shall be laid
read @ 0.05% of AGR per annum.
4.1 These will include the royalty charges
for spectrum usages license fee for the fixed stations in the M. W. backbone
links.
5. The assignments of M. W. access and
backbone frequencies shall not be exclusive for any service provider and will
be shared with other services/users.
6. In addition, the charges for GSM
spectrum (900/1800 Mhz band) will continue to be levied in accordance with
Government of India orders No. L--14041/06/2000--NTG dated 22.9.2001 and
01.02.2002.
7. The above package, of Spectrum charging
on percentage revenue share will be available to the cellular operators on the
premise that it is accepted in its entirety and simultaneously all legal
proceedings, with regard to Spectrum charging, instituted by them or COAI against the Government in Courts and
Tribunals (TDSAT) etc shall be withdrawn. The cellular operators without prejudice
should make payments of all outstanding dues of spectrum charges in accordance
with the applicable Government of India orders within a month from the date of
issue of this order.
8. This
order will come into force from the date of issue.
9. Acceptance
of the above shall be communicated to this Ministry within seven days from the
date of issue of this Order.
-S/d-
(KR Mahendra Kumar)
Assistant wireless
adviser to the Government of India
To:
1.
Cellular
Operators Association of India, New Delhi.
This refers to their letter No. TVR/COAI/013 dated 16.01.2002.
2.
All Cellular Operators, including BSNL and
MTNL