4.1. "Regulatory Philosophy – US Experience

• Each country’s approach to regulation in the telecom sector should draw upon its own history and traditions.
• The system permits commercial and national interests to be reconciled. The federal (National) authorities have plenary jurisdiction over the use of the radio spectrum and the power to pre-empt commercial interests where necessary to implement national policies.
• Both market and technological forces determine spectrum while the industry determine telecommunication structure.
• The number of licenses is determined by technology, spectrum availability and resources.
• Competition fostered by a strong and effective regulated structure that evaluates and calibrates policy and practices as circumstances warrant."

(Source – US contribution to Regional Telecom ITU conference)
(ITU News 8/97)

4.2. International Practices Relating to Security

4.3. "Some Future Spectrum Management Problems & Solutions. The next technology at our doorstep is GMPCS driven. Small allocations for little LEO commercial MSS will need to be shared with existing radio communications users who account for 100% available spectrum in the same range (137-960 MHz or and 1.4 GHz). Here also the solution lies in co-ordination and spectrum sharing technique which can enable expansion of new technologies while it protects existing users. Thus this process affords national regulator at every step of the way ultimate flexibility and control of domestic allocations and arrangements to users. National regulators have the option not to assign a frequency to an operator even if that frequency allocation may never be used".                                                                                                 (Source ITU News 8/97)

4.4. The contemporary Spectrum Management Practices may be structured around the following basic functions :-

(a) Spectrum Management Policy and Planning/Allocation of Spectrum :-

(i) Determination of existing and future national spectrum requirements.

(ii) Development of long and short term spectrum management strategies.

(iii) Allocation of spectrum considering, technical aspects and equipment limitations.

(iv) Development of spectrum policy.

(v) Organisation and structuring of specific systems and services.

(b) Frequency Assignment and Licensing

(i) Development of licensing policy.

(ii) Examination of licence applications.

(iii) Authorisation / Licence for use.

(iv) Assigning call signs.

(v) Issuing licences and collecting fees.

(vi) Renewal and cancellation of licences.

(vii) Conducting examination of operators competence and issuing of operators certificate.

(c) Standards, Specifications and Equipment Authorisation

(i) Type approval of radio equipment.

(ii) Maintenance and calibration of test equipment.

(iii) Acceptance testing and evaluation of equipment purchased for inspections and monitoring

(iv) Equipping special purpose monitoring and calibration of its equipment.

(d) Spectrum Control – Enforcement. Required to enforce national and international statutory and regulatory requirements. The work includes :-

(i) Investigating interference complaints.

(ii) Investigating operations not in keeping with the terms of the radio station licenses.

(iii) Collecting information for prosecution case and assisting law enforcement agencies.

(iv) Ensuring radio station operators comply with national and international statutory and regulatory requirements.

(v) Taking technical measurement, e.g measurements impossible to assess through monitoring – output noise power, distortion at the transmitter.

(e) Spectrum Control – Monitoring

(f) International Cooperation. Radio communications operate in an international environment, because radio waves are not limited by political boundaries. Administrations requirement for participation in international fora is recognition of the role of international regulation and co-ordination of services that originate outside their borders. These include participation in all fora of international and regional Regulatory and Standardisation Organisation.

(g) Liaison and Consultation. Development of national radio communications, the preparation of long term strategies, the introduction of new technologies and changes in the management and licensing of the spectrum, require communication with the radio industry, user groups, the general public and other government departments if they are to be effective. Some of this can be achieved by the production of information sheets, publications on major developments, proposed long term strategy and annual reports on the operation and performance of the spectrum management authority. However for this to be successful it has to be two way process that enables feedback on the spectrum management authorities performance which requires more direct approach; establishment of advisory committee; enforcement for creation of user associations, spectrum management seminars, presentations of radio communication meetings, participation at radio industry shows.

(h) Spectrum Engineering Support. Spectrum management and frequency assignment require engineering support to provide analysis of technical information; EMC assessment; Assessment of technical developments; System capabilities; Interference Assessment. In addition the provision of accurate planning models requires certain level of research. Although research may be performed by any number of organisations the more specialised areas of investigation are covered by specialist research centres or Universities, where the work may be funded by the spectrum management authority. To ensure that the research projects meets its objectives and that the level of funding can be justified, the spectrum management authority will need to provide a level of project management and monitoring.

(j) Computer & Network Support . The development of planning tools, interference analysis models, database development; electronic notification systems, licensing systems, financial management systems etc require computer and network support. As sharing scenarios become more complicated and use of the spectrum increase, greater dependence is on interference analysis and planning tools.

(k) Administrative, Finance and Legal Support. Exclusive Administrative and Finance is required for the spectrum management groups. Legal support is also required particularly in the areas of licensing, frequency policy and enforcement operations.

4.5. Strengths

(a) Non-user agency which is therefore impartial.

(b) Created to be part of main Ministry to be independent to serve the wireless users of the country, having higher states in structural hierarchy in relation to wireless organisation and to act as Indian administration to international organisation on behalf of Government of India.

(c) Has good standing in International community and regularly elected for the ITU Council and other positions.

(d) Specialised Engineering department with trained manpower which has knowledge and expertise of all types of wireless systems besides spectrum management.

(e) Officers are recruited though the Engineering Services Examination of UPSC.

4.6. Weaknesses

(a) The organisation is being perceived to be part of DoT which is one of the users.

(b) Administratively and financially dependent on DoT.

(c) Lack of logistic facilities.

(d) Lack of office accommodation / facilities.

(e) Stagnation and lack of career prospects leading to low morale of officers.

(f) Lack of manpower.

(g) Lack of required level of computer facilities.

(h) No organised service for the officers.

(j) Lack of training to meet the new challenges.

(k) Lack of sufficient budgetary support.

(l) Lack of dedicated administrative and financial support.

(m) Turnover of trained officers due lack of prospects.

4.7. Opportunities

(a) The explosive growth of the Wireless based services necessitates growth of the organisation.

(b) Realisation of economic value of spectrum.

(c) Possibility of realisation of revenue for the government from growing spectrum users.

4.8. Threat

(a) Permanent threat faced being a small organisation.

(b) Blurring of real independent image.

(c) Lack of sufficient authority due to poor organisational structure and status of officers.

4.9. Mandate for WPC. Spectrum management and radio regulatory agency has to be an impartial, non-user, non-service provider, type of body without any direct or indirect linkage with any user organisation. Further, being the national nodal agency for all matters relating to ITU and APT and responsible for discharging all international treaty obligations on behalf of Government of India in the capacity of Indian Administration, it has to be a Ministry of Government of India. It is also to be noted that for these and various other reasons it cannot be part of any other formation, including TRAI which deals only with commercial public telecommunication operators. In addition, there are spectral secrecy imperatives of defence and other national security agencies and international treaty obligations on behalf of Government of India which would call WPC to continue to be an independent organisation within the Government.

4.10. Electromagnetic compatibility is key element of spectrum management process. It is the world wide phenomena that such evaluation and coexistence of various wireless networks without causing interference to each other is largely dependent on the principles of coordination and consultations. Further, since spectrum management process flows from international treaties and international agreements, it is the world wide established spectrum management and radio regulatory organisations are placed in the Ministeries. To cite some examples, in USA it is Ministry of Commerce, in UK it is Ministry of Industry and Trade, in Canada it is Ministry of Industry, in Germany it is Ministry of Economics, in France it is under the Prime Minster similar to Cabinet Secretariat and in Japan it is Ministry of Posts and Telecommunications.

4.11. The Committee’s considered view is that the level of officers of WPC Wing, a coordinating body for an important natural resource is much below the level than that of international practices and therefore the status of the officers is needed to be brought to commensurate levels. WPC Wing will be an independent Wing of the Ministry of Communications or alternatively under the Cabinet Secretariat in the charge of Wireless Adviser to the Government of India, who shall be at the level of Special Secretary with full powers of Secretary delegated to him in view of the special nature of the national coordination. Wireless Adviser will directly report to the Minister. He will have powers to create posts as applicable to the Ministries, to set up operational monitoring labs in pursuance of duties assigned to him, to sanction Rupees five crore expenditure and to be Chairman of the Expenditure Finance Committee (EFC) and Special Finance Committee (SFC) pertaining to the budget of the WPC Wing with independent Financial Adviser. The Committee also felt that the WPC Wing should have separate budget different from that of DoT with main budget head under the Ministry controlled by WA incorporating secretarial budget, budget of the field organisation (WMO) and budget for the international cooperation. The WPC Wing should also have independent administration, accounts and finance as applicable to the Ministry.

4.12 It is to be noted that the status of the organisation has remained static since its inception while the status of all user organisation has been elevated several folds undermining the authority and efficacy of the spectrum management agency. The organisation manpower has not grown in size and status commensurate with the explosive growth of the usage of wireless spectrum in the country. Massive strengthening and restructuring of the organisation is essential to effectively discharge all functions of spectrum management and radio regulatory process to match the international spectrum management practices. Complete state-of-art computerisation with exclusive networking and elaborate modernised spectrum monitoring facilities for effective control and regulation are essential for meeting the challenges ahead. It would be essential that the department should be in a position to assign frequencies independently based on EMC evaluation and without need for coordination in each case. However, coordination would have to be resorted to wherever considered necessary. In view of the realisation of economic value of the spectrum, it is proposed that the organisation be studied by private consultant to recommend suitable organisational structure keeping in view the relative hierarchical levels of officers in various user organisations, staffing, budgetary requirement, administrative setup, computerisation and other infrastructure and logistic facilities to create required data bases and networking between the various units of the organisation for effective and efficient spectrum management. Private consultant study is suggested to avoid inordinate delay in the reorganisation. This reorganisation should result in realisation of all the objectives required for efficient spectrum management as per best international practices.

4.13. Role of SACFA would need to be strictly restricted to advisory capacity. Further, there will need to be enhansed involvement and constructive participation of the private sector in the activities of SACFA, ITU, APT and other spectrum management process, as appropriate, with a view to providing greater transparency, flow of information resulting in better decision making process. Nonetheless, the decisions shall rest with the government. SACFA will also have to be restructured to clearly define its scope which should function through sub-committees for different activities like siting of radio stations, NFAP, international activities, spectrum pricing, relocation and compensation, technology/equipment standardisation in relation to spectrum management issues.