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5G technology and regulation of spectrum, access and net neutrality in India- an investigative analysis

Student Name: Ms Anuradha Mitra
Guide: Dr Gopal K. Sarangi
Year of completion: 2024

Abstract:

Mobile telecommunication (telecom) has evolved through several generations and today, 5G1 wireless mobile technologies are prevalent world-wide. Following global developments, the 5G era is unfolding in the Indian telecom sector as well.

Two features of 5G, network slicing which allows cheaper end-to-end connectivity and small cell deployment which makes possible small localized networks in specific locations on higher frequency bands, open the sector to smaller service providers (Matinmikko, Latva-aho, Ahokangas, & Seppanen, 2018) who require access to telecom network resources. 5G also involves substantial costs of investment in resources for higher technical quality of service, greater backhaul capacity, cell densification, active antenna systems and network capacity for supporting a large number of devices (Merz, 2019) (Forge & Vu, 2020). Regulation has a key role to play in ensuring equitable balance in allocation and sharing of telecom resources especially scarce spectrum, expensive network and infrastructure and hard-won user bases for 5G.

This thesis proceeds in two parts: First, it aims to draw lessons for 5G deployment in India, from a study of policy and regulatory approaches taken by other administrations in streamlining processes for management of spectrum, network and infrastructure resources in their telecom sectors. It attempts to sytematise, thematise and draw comparisons through an in-depth cross-country case study of 4 telecom administrations around the world. Qualitative thematic content analysis with three-tier coding and classification to identify themes is applied to archival and current documentary data and information obtained from subject-matter experts in the countries studied. Second, the research analyses expert stakeholder and practitioner opinion in India through a policy Delphi survey to examine what kind of regulatory and policy changes need to be made in India’s telecom resource management policies in a 5G market and how these could be best adapted to the unique public policy and political economy environment of this country.

The main findings of this research are that there are certain common policy ingredients concomitant to the successful roll-out of 5G in other countries which are also assessed as important for 5G deployment in India. The first element is the requirement for strong signalling by telecom administrations of intent to support 5G through a clear 5G policy, road maps for spectrum availability, timely holding of spectrum auctions, efforts to keep spectrum prices reasonable, procedures and arrangements for simpler Rights of Way (RoW) for fibre laying, ducting and small cells, and effective Centre, state and local government co-ordination. The second element is attention to fulfilling the resource requirements of new stakeholders in the 5G eco-system such as the private network operators, MVNOs2, local and micro-operators. The third element is flexibility in approach to resource assignment with moderation of absolute rights-of-use regimes so as to open up availability and access, and accommodate existing users as well as new claimants. A related emphasis is on simplification of processes for sharing of all kinds of resources- spectrum, network and infrastructure. A fourth aspect is active incentivisation by the government of investment in 5G networks through financial incentives such as tax breaks and financial assistance from development funds, as also non-financial incentives such as liberalised licensing. Finally, while focusing on areas of resource regulation specifically requiring adaptation to 5G needs, the approach of telecom administrators has been to remain within the overall established regulatory framework, which has ensured stability and continuity of policy.

The value and significance of this research lies in its contribution to the body of empirical knowledge concerning regulatory adaptations to 5G world-wide. Building on the study of evolutionary paths followed in other countries, it also contributes to the formulation of practical recommendations for a regulatory approach framework for spectrum management, network access, infrastructure regulation and NN for 5G in India. This framework could be of use to policy makers and regulators in enabling the proliferation of 5G services in the country.

Key Words: Regulatory and policy adaptation to 5G technology, 5G spectrum policies, 5G spectrum auctions, pricing 5G spectrum, spectrum sharing in 5G, 5G spectrum management in India, 5G infrastructure regulation, Right of Way regulation in telecom, 5G infrastructure siting, regional and local participation in telecom infrastructure, Net Neutrality and 5G, Net Neutrality in India, Net Neutrality and Network Slicing, Net Neutrality and Traffic Management.

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