
To
Shri T V Somanathan
Cabinet Secretary
Dear Shri Somanathan,
Please refer to my earlier two letters of October 17th and November 14th, 2024 appealing to the government not to deviate from the apex-court-stipulated condition that spectrum should be allotted only through auctioning and that satellite spectrtum should be exclusively reserved for strategic uses, such asfor defence services, ISRO and so on.
It appears that the Telecom Ministry at the highest level has taken an in-principle decision to allocate satellite spectrum administratively in favour of the US company, Starlink, promoted by Elon Musk, which closely corroborates with the US government for defence applications there. In my view, it would be both prima facie illegal and patently against the country’s strategic interests.
One wonders whether the country is slipping back into the bygone era of the East India Company that throttled Indian enterprise to the advantage of the colonial rulers!
The latest reports are far more worrisome as the Telecom Ministry seems to be bowing down to every demand of Elon Musk, including agreeing to compromise the well-accepted security clauses in satellite spectrum license, which domestic telecom players are bound to fulfill (https://www.newindianexpress.com/amp/story/business/2024/Nov/20/government-to-ease-licence-rules-for-starlink)
To quote from the above-cited report, “As per the license requirements for GMPCS service, the licensee must use satellites only for authorised services over Indian territory, excluding activities that could compromise national sovereignty and security, such as surveillance or electronic warfare. The licensee will also be required to create a buffer zone along international borders where services are prohibited, with the specific width determined by the Indian government……….Additionally, the licensee must provide call data records to security agencies upon request. Satellite broadband providers cannot use bulk encryption equipment without prior approval from the government, and foreign personnel deployed by the licensee must obtain security clearance from the Ministry of Home Affairs. All calls originating or terminating in India must pass through a GMPCS Gateway located in India….. There are technical challenges for Starlink in fulfilling all the conditions required for the license to operate in the country. …The Telecom Department officials said, ‘However, we will take an undertaking from the company to fulfill these conditions in the future or whenever it becomes feasible,’ “
In other words, the Telecom Ministry, for inexplicable reasons, appears to be inclined towards bowing down to Starlink’s contentious demands, compromising national security. It is surprising that the Ministry should acquiesce in Starlink giving a mere undertaking that the company would fulfill all such requirements without that Ministry or TRAI having the authority to exercise effective control over the operations of the company in India.
Recent instances of possible use of Starlink connectivity in the case involving smuggling of drugs in Andaman & Nicobar Islands and in Manipur are reminders of what Starlink operations over the Indian skies could imply. According to a report (https://www.reuters.com/world/india/elon-musk-says-starlink-inactive-india-after-second-device-seized-2024-12-18/),
“Musk wrote on X late on Tuesday that ‘Starlink satellite beams are turned off over India” and were “never on in the first place.’……….He was responding to a post from the Indian Army about a search operation on Dec. 13 in Manipur state in India’s northeast, where a communal conflict has raged since early last year……..The post included photos of seized weapons and a satellite dish and receiver with a Starlink logo“
I am sure that there are ways to subject telecom players using satellite spectrum to strict regulation in its use that could affect the national interest. If there are technical constraints in it, why should India rush into inducting Starlink as a user of satellite spectrum, against the spirit of the apex court’s directions and against the national interest?
May I once again appeal to the government to tread cautiously in the allotment of satellite spectrum and reserve it exclusively for strategic uses including its use by defence services and ISRO?
As far as Starlink’s global operations and their likely implications for India’s security are concerned, I suggest that the Telecom Ministry consults the International Telecommunication Union (ITU) and also takes up the required technology development with the help of domestic R&D institutions and experts. Until such time technical problems constrain the regulation of the use of satellite spectrum, it would be imprudent for India to induct foreign players.
I hope that the government at the highest level exercises utmost diligence in dealing with satellite spectrum so as to safeguard the national interest at all costs.
Regards,
Yours sincerely,
E A S Sarma
Former Secretary to the Government of India
Visakhapatnam