Indian Telecom Service Sector1 Rekha Jain2 Background This note gives the status and an overview of the key developments in the Indian telecom sector until April 30, 2014 beginning from deregulation and privatization that started in 1984. The emphasis is on more recent developments. Telecom Sector Structure3 The Department of Telecommunications (DoT) was the sole provider of all telecommunications services and customer premises equipment until 1984 when deregulation started in the sector. Subsequently, a corporate entity – Mahanagar Telephone Nigam Limited was created to provide services in Mumbai and New Delhi. International services were provided by Videsh Sanchar Nigam Limited, a state-owned enterprise. In 1989, the government set up the Telecom Commission (TC)4 as a part of DoT as a policy and regulatory entity. The TC consisted of a Chairman, who was Secretary, DoT, four full time members and four non-permanent members, i.e., Finance Secretary, Secretary, Department of Industrial Policy and Promotion, Secretary, Department of Information Technology and Secretary, Planning Commission. In 1997, the government set up Telecom Regulatory Authority of India (TRAI). On October 1, 2000, DoT was divided into two units – a policy making unit that continued as DoT and an operational arm 1 Research assistance provided by Ms. Sneha Jhala and Ms. Shivangi Mishra, IIMA-Idea Telecom Centre of Excellence is acknowledged 2 IIMA Idea Telecom Centre of Excellence, IIM Ahmedabad 3 This section has been excerpted from Jain, R., “Spectrum Management in India (A)” 4 Details about Telecom Commission available at http://www.dot.gov.in/about-us/profile, accessed on June 25, 2013 1 that was set up as a wholly government owned corporation - Bharat Sanchar Nigam Limited (BSNL). Also, TRAI was restructured into TRAI and the Telecom Dispute Settlement Appellate Tribunal (TDSAT). TRAI was mandated with tariff regulation, fixing interconnection terms, maintaining quality of services, etc. The TDSAT was a quasi-judicial body that adjudicated and settled disputes between service providers or licensor and licensee and reviewed appeals against TRAI directions. Exhibit 1 gives the institutional structure of the sector. Appeals against TDSAT lay with the Supreme Court (SC). In 2002, VSNL was partially privatized and was later named Tata Communications. International services were also provided by some private operators. Over time, private operators had been introduced in all segments of services. By April 30, 2014 competition and private players had been introduced in all segments of the services such as fixed, National Long Distance (NLD), International Long Distance (ILD), mobile, etc. Evolution of Wireless Services In 1992, two private mobile operators per service area and one fixed line operator had been licensed through auctions. The services were licensed on the basis of service areas called ‘circles’ that were administrative units of DOT and later those of BSNL. These were usually co-terminus with state boundaries. The mobile operators were required to use the GSM standard in the 900 MHz band. Besides the state owned incumbents, one private operator per circle could also provide fixed services by participating and winning in the auction 2 Growth of 2G Subsequent to winning the 2G bids, private operators claimed they had bid too high and could not provide services in a commercially viable manner. The government then came out with a National Telecom Policy, 1999 (NTP 99) that allowed the operators to convert their license fee into a one time entry fee (which was much lower than the license fee) and an annual revenue share for the duration of the license. In order to offset these changes in the license condition in favour of the existing operators, the government introduced greater competition by allowing entry of more mobile operators whose numbers would be based on TRAI’s recommendations on a periodic basis. Any number of fixed line operators were permitted. The government introduced the state owned operators, BSNL and MTNL as the third mobile operator in each circle in the 900 MHz band. Subsequently, in 2001, the DOT auctioned licenses for the fourth mobile operator, with the GSM standard in the 1800 MHz band. Some of the operators, after acquiring fixed line licenses (whose entry fee was much lower and more favorable regulatory regime than mobile service), that mandated CDMA based Wireless in the Local Loop (WLL) services to provide “limited” mobility services. Given the advances in technology, by the time licenses were rolled out, the range over which WLL could be provided had significantly increased. These operators could essentially provide mobile services while having a fixed service license. The Cellular Operators Association of India (COAI) consisting of GSM operators saw this as a “back door” entry by CDMA operators for mobile services. After a series of review processes, the COAI filed a petition in the TDSAT. Their contention was that due to differences in the operational conditions of the two set of licenses, the fixed line operators were essentially providing mobile services and using the regulatory disparity in license conditions to their advantage. In its judgment dated August 8, 2003, the TDSAT allowed WLL (LM) services to be offered as a fixed line service. In response, the COAI filed a Civil Appeal in 3 the SC, against the TDSAT judgment. The SC referred the matter back to TDSAT stating that TDSAT’s interpretation that its jurisdiction was supervisory was incorrect. It felt that, TDSAT’s non consideration of several materials placed before it had vitiated the decision. Therefore, the SC decided to interfere with the TDSAT’s decision. On September 27, 2003, the SC referred the matter back to TDSAT and asked it to develop a framework which would bring equivalence amongst the license condition for the two sets of operators, an issue, which the SC found, had not been adequately addressed by the TDSAT. It allowed CDMA operators to continue providing services as it would facilitate growth in teledensity5. The SC allowed CDMA operators to provide mobile services, after paying the license fee paid by the fourth cellular operator. Subsequently, DOT came out with the Unified Access Service License (UASL) regime, under which operators could provide either mobile or fixed line service using the same license. Calling Party Pays regime was also implemented for all operators. These regulatory changes led to the rapid uptake of mobile services, as due to competition, prices of services fell significantly. Moreover, since the Indian economy had been growing at about 6-9% during these years, the services became affordable to a large numbers of Indians leading to a urban teledensity of 145.78% and rural teledensity of 43.96% as of March 31, 2014. Exhibit 2 gives the teledensity figures from 1999 to 2014. These show a significant increase in total teledensity from 2.3% in March 31, 1999 to 75.2% in March 31, 2014. The urban teledensity has steadily increased from 6.9% as on March 31, 1999 to 169.6% as on March 31, 2012. However, it declined to 147% as on March 31, 2013 and further to 145.8% as on March 31, 2014. The decline in teledensity after 2012 was predominantly due to the removal of inactive connections by service providers. The rural teledensity as on March 31, 1999 was at 0.5%. It gradually increased to 44% as on March 31, 2014. The gap between urban and rural teledensity stood at 6.4% as on March 31, 1999, that increased to 130.3% by March 31, 2012. The decrease in urban teledensity led to a reduction in 5 This section has been excerpted from Jain, R., “Spectrum Management in India (A)” 4 the gap to 101.8% by March 31, 2014. The exhibit further provides the details of wireless subscriber base in GSM and CDMA technology. GSM subscriber base plummeted from 814.06 mn as on March 31, 2012 to 794.03 mn as on March 31, 2013. CDMA subscriber base nosedived from 105.11 mn as on March 31, 2012 to 73.78 mn as on March 31, 2013. The shift to UASL resulted in 5-6 operators per circle. The service licenses gave an initial allocation of spectrum (4.4 + 4.4 MHz, which was later increased to 6.2 + 6.2 MHz), with the proviso that additional spectrum would be allocated based on availability and operator requirements. The allocated spectrum was far below the international norms where operators had been given upwards of 12 + 12 MHz. As subscriber numbers grew exponentially, operators clamored for more spectrum allocations. However, DOT claimed that there was shortage of spectrum for commercial applications as various government departments (mainly the defence services) had previously been allocated the spectrum in bands where commercial mobile services could now be provided. In order to prioritize spectrum allocation amongst competing bidders, DOT came up with a Subscriber Linked Criteria (SLC) that allocated spectrum based on number of subscribers of the operator in the respective service areas. SLC was not used anywhere else in the world as operators elsewhere were given fixed amounts of spectrum. By January 2008, DoT had greatly tightened the SLC. As a consequence, additional players could get UASL licenses and start-up spectrum (minimum amount of spectrum required to start services). This led to a rush for UASL licenses. 243 licenses were allocated. However, due to scarcity, start–up spectrum could be allocated only to a few of the applicants. Despite these regulatory hurdles, mobile services continued to grow as was the global trend. Exhibit 3 gives details of revenue of basic services, cellular services, NLD, ILD, Internet and 5 other services for the years 2003 – 2012. During the period 2003 to 2012 the revenue share of cellular services increased from 8,600 cr to 118,500 cr, for NLD it increased from 6,000 cr to 18,500 cr and for ILD it increased from 5,000 cr to 25,700 cr. On the other hand, the revenue from basic services steadily declined from 25,900 cr on 2003 to 12,100 cr in 2012. It was expected that with relatively inexpensive feature rich phones, consumer education, economic growth (increasing the propensity to pay), VAS revenues both in absolute terms and in relation to the total revenue was expected to grow. Exhibit 4 gives the detailed contribution to telecom revenues. The percentage revenue from calls at 57.87% and 40.34% for GSM and CDMA technology respectively is a major contributor in the revenue pie. Both the technologies exhibit a similar pattern in terms of revenue contribution. A steep difference is noticed in data usage pattern which is 33.72% for CDMA and 12.07% for GSM. The sector attracted foreign direct investment (FDI) worth US$ 1,307 million during April 2013 to March 2014. The cumulative flow of FDI in the sector from April 1, 2000 to March 31, 2014 was US$ 14,163.01 million.6 Growth of 3G and Wireless Broadband With developments in technology, several countries in Europe and Asia had allocated/auctioned 3G spectrum that allowed service providers to give faster download speeds and richer content on mobile handheld devices. Initially, the cost of such services was high due to new equipment that needed to be deployed in the network, higher cost of handsets and lower adoptions. Based on the experience in several countries, it was observed that over time, such costs had come down as adoption rates increased. When 3G services were initially deployed in any service area, it was 6 http://dipp.nic.in/English/Publications/FDI_Statistics/2014/india_FDI_March2014.pdf, accessed on June 19, 2014 6 expected that a lot of corporates, richer individuals and professionals would subscribe to such services. On the other hand, 3G services were also expected to reduce the digital divide by enabling mobile Internet services to those who could not afford PC costs for the Internet. In India too, there had been a lot of debate regarding allocation of 3G licenses. In India, the licensing framework for 3G envisaged that each service area would have 3-4 operators (depending upon amount of spectrum available). The amount of spectrum allocated was 5 + 5 MHz in the 2.1GHz band, while initially DOT guidelines of August 2008 mentioned that 5-10 bands would be available. Broadband Wireless Access (BWA) licensing in 2.3 GHz band provided for two private players to be allocated 20 MHz each. BSNL and MTNL being government owned incumbents were to get a pan India spectrum for 3G and BWA without participation in auctions. They were required to pay the winning bid prices to the government. 3G auctions were held in May 2010. The possibility of generating high revenues and hopefully high profits coupled with spectrum scarcity in the 2G bands had egged on companies to bid aggressively. 3G auctions contributed Rs 67,719 cr (nearly 60% of the then sector revenues) to the exchequer with Rs 50, 968 cr from the private sector and Rs 16,751 cr from BSNL and MTNL. Exhibit 5 provides the detailed list of operators and their bids for service areas during 3G auction. BWA auctions contributed Rs 38,543 cr to the exchequer with Rs 25,695 cr from the private sector and Rs 12,847 cr from BSNL and MTNL. Exhibit 6 provides the detailed list of operators and their bids for service areas during BWA auction. 7 Competitive Scenario There were six large players, Bharti Airtel, BSNL, Idea Cellular Limited (ICL), Reliance Infocomm, Tata Teleservices and Vodafone, who had a pan India or almost pan India presence. Some relatively smaller players (who had operations in a few circles only) were also active. Exhibit 7 gives details of scope of operations for major operators as on December 31, 2013. Among the large players, the scale and scope of operations varied considerably. Some of them were a part of larger Indian industrial conglomerates, (ICL, Reliance and Tata Teleservices), while some others were a part of larger global telecom companies (Vodafone, Sistema), or were public operators (BSNL, MTNL) and yet others like Bharti had begun their operations in telecom. Over time, although Bharti had diversified into insurance and other services, a large part of its revenue came from telecom services. While players like Bharti provided a whole range of telecom services including, fixed, NLD, ILD, satellite etc, others like Vodafone concentrated on mobile voice and data. Exhibit 8 gives the details of the large operators in terms of their scope of revenues and profits. For the financial year 2012-13 major operators like Bharti Airtel, ICL, Reliance Communications and Vodafone gained profits while BSNL, MTNL, SSTL, Tata Communications and Tata Teleservices reported losses. Government Support for Rural Telecom Infrastructure and Services Given the commercial unviability of rural telecom service, there was a need for the government to develop a framework for the spread of such services. Although there had been efforts in the past for supporting infrastructure and services, the outcomes had not been effective 7. As shown in Exhibit 2 there was high disparity in rural and urban areas. 7 http://www.dot.gov.in/about-us/telecom-glance, accessed on June 26, 2014 8 To provide a dedicated source of funds for rural areas, the DoT set up the Universal Service Obligation Fund (USOF) in 2002 to provide support for infrastructure and services in rural areas. All telecom service companies contributed five per cent of their aggregate gross revenue to the USOF. While the USOF was administered by the DOT, the annual allocations were made by the Ministry of Finance. DOT identified the areas qualifying for USOF support based on nonavailability of towers, socio-economic profiles, etc. Exhibit 9 shows that USOF had supported fixed lines predominantly. It gives the data on the amounts collected, disbursed and utilized in the USOF and expenses in different areas. Although USOF designed a program for supporting infrastructure and services for mobiles but after an initial program to put nearly 7,000 towers, there was no further expansion in this area. The inability of DoT to use the USOF funds effectively had led to a corpus that was continually increasing. Its value as of March 31, 2014 was Rs. 33,671.69 cr8. The response of the operators regarding this unspent amount was to push DoT for reduced contribution from their side. They claimed that lower contributions from them to the USOF would lead to lower prices for their customers and hence higher penetration. This would achieve the objectives of higher penetration in rural areas as urban areas were already saturated. The growing concern with the large amounts of available amounts with the USOF ultimately led the government to formulate the plans for building a National Optical Fibre Network (NOFN) to be funded by the USOF. The Government of India (GOI) set up its wholly owned entity - Bharat Broadband Network Limited (BBNL) - to establish and manage the NOFN. The objectives of NOFN were to provide broadband connectivity to: 8 http://www.usof.gov.in/usof-cms/usof_fundstatus.htm, accessed on June 6, 2014 9 i. All the 250,000 village administrative units in the country ii. Service providers in rural areas in a non-discriminatory manner9. BBNL would utilize the existing fibre capacity of three public sector units (PSUs): BSNL, RailTel and Power Grid Corporation of India Limited (PGCIL) 10 and lay the incremental fibre required for connectivity. Emerging Policy and Regulatory Issues In January 2008, DoT had allocated licenses to a large number of operators using first-come-firstserved (FCFS) in a way that was seen to be favouring some operators, some of which were found to be subsequently ineligible as per the qualifications for the license. During February – March 2008, three of the successful applicants offloaded their stakes in the name of infusing equity. Swan Telecom Capital Pvt Ltd offloaded nearly 45% equity in favor of Etisalat of UAE for over Rs 3,544 cr, Unitech offloaded its stake of 60% equity in favor of Telenor Asia Pvt Ltd and TTSL transferred 27.31% of equity worth Rs. 12,924 cr in favor of NTT DOCOMO and TTSL (Maharashtra) transferred 20.25% equity of the value of Rs 949 cr in favor of NTT DOCOMO. This mechanism allowed these companies to earn huge amounts as the license fee was far below the infusion of equity and these companies had hardly any assets. On the basis of a writ petition filed by some NGO and citizens, in February 2012, the SC cancelled the 122 licenses granted to eight companies in 22 service areas allotted during 2008. Exhibit 10 provides details of cancelled licenses, their service areas, date of application, signing 9 http://www.bbnl.nic.in/content/faq/what-is-bbnl.php, accessed on June 6, 2014 http://www.pib.nic.in/newsite/erelease.aspx?relid=102010, accessed on June 6, 2014 10 10 license and effective date of license. The SC cited that the MoC&IT, Mr A Raja and the officers of the DoT had virtually gifted away an important national asset at throw-away prices. SC ruled that TRAI Recommendations on allocation of spectrum were flawed and its implementation by DoT did not match the policy objective of NTP 99. It questioned processes adopted by DoT for spectrum allocations and grant of licenses to ineligible applicants. SC also mandated TRAI to come up with an appropriate auction design, and for DOT and TRAI to develop a framework for managing spectrum. The DoT and the Ministry of Finance were required to draw a blueprint for exploring a spectrum pricing formula as per the decision of the Council of Ministers in 2003. SC fined millions of rupees as a penalty on various telcos. The SC judgment caused major upheavals in the industry. Telenor held Unitech liable for breach of warrantees related to cancellation of licenses and threatened to seek compensation for damages. Unitech, in response, also gave threat of legal action for damages caused by Telenor in violation of its confidentiality obligation. Telenor and Sistema claimed that their investments were covered under bilateral treaty agreements and they could go for international arbitration. Unitech Wireless, S Tel, Loop Mobile Telecom and Etisalat DB also petitioned the DoT for protection of their investments. ICL filed a clarificatory petition in the SC stating that since its UASL application, which it had submitted in 2006, had been ‘unjustly’ delayed, its license should not be considered for cancellation with those applicants who had applied in 2008. In the subsequent auction for 800 MHz and 1800 MHz band on November 12, 2012 that resulted as a consequence of the SC judgment, there were no bidders for the 800 MHz band. This was possibly due to the high reserve price of Rs 3,640 cr per MHz (Rs 4,550 cr per 1.25 MHz). There were five bidders for the 1800 MHz band: Airtel, Idea, Vodafone, Videocon 11 Telecommunications Limited and Telewings Communications Services Private Limited11. The government received bids worth Rs. 9,407 cr as compared to the target expectation of Rs. 28,000 cr. Out of the 140 blocks each of 1.25 MHz of spectrum on offer, 102 got bids. Exhibit 11 gives details of India’s 2G spectrum auction result held in 2012. Due to the poor response vis-à-vis government’s expectations, on January 17, 2013 the EGoM reduced the reserve price for 800 MHz band in all service areas by 50% and that for 1800 MHz by 30%. There was no response to DOT’s subsequent auction for the 900 MHz and 1800 MHz that it announced for March 2013. TRAI clubbed the auction of cancelled licenses with the auction for Mumbai, Delhi and Kolkata circle in 900 MHz band. This 900 MHz band spectrum would become available subsequent to the expiry of licenses in these areas. Sistema Shyam was the sole bidder for the 800 MHz band and secured spectrum in eight circles for Rs 3,639 cr for 1.25 MHz, very close to the reserve price as against governments’ revenue expectation of Rs 6,400 cr. Operators cited high reserve price in the 900 MHz and 1800 MHz as a deterrent. DoT decided to conduct the third round of spectrum auction based on a fresh reserve price recommendation from EGOM in 800 MHz, 900 MHz and 1800 MHz band for the quantity that had remained unsold in March 2013. TRAI recommended a reduction in the price for the pan India 2G license from Rs. 2,379 cr per MHz to Rs 1,496 cr per MHz in the 1800 MHz band (around 37% decrease) on September 10, 2013. After a series of discussion between TRAI, DoT and the EGOM, the reserve price for 1800 MHz was fixed at Rs 1,765 cr per MHz. In the 900 MHz band, the reserve price was fixed at Rs 360 cr per MHz, Rs 328 cr per MHz and Rs 125 per MHz for Delhi, Mumbai and Kolkata respectively. 11 A fully owned Telenor Group company 12 The auctions were conducted in February 2014. Bids worth Rs. 23,590 cr and Rs. 37,572.60 cr were received for 900 MHz and 1800 MHz band respectively. Exhibit 12 gives details of India’s 2G spectrum auction result held in February 2014. DoT approached TRAI on April 18, 2014 seeking its recommendations on auction of airwaves held by 29 licencees in 900 MHz and 1800 MHz that would expire in 2015-16 across 18 out of 22 service areas. Most of these licences has spectrum in the 900 MHz band for which the telcos had paid twice more than the base price fixed by government in the recent auction mentioned above. The telcos held about 172 MHz in 900 MHz, and 26 MHz in 1800 MHz band. Besides this auction of 900 MHz and 1800 MHz band, government was also working on the auction of 800 MHz for which TRAI had already given its recommendations. Going Forward The telecom sector in India had contributed significantly to economic growth and also in providing infrastructure for other economic activities to be carried out efficiently. With the growth and profitability in the domestic sector, Indian companies had sought international opportunities. While Bharti had been providing services in Seychelles and Sri Lanka after winning licenses in those countries, its acquisition of the African operations of Kuwait based Zain Telecom for US $ 10.7 bn, had made it more visible globally.12 While the service sector was doing well, telecom R&D and manufacturing were areas of concern. Since a lot of equipment was imported, it led to FDI outflows. Without indigenous R&D, India 12 http://articles.economictimes.indiatimes.com/2010-06-08/news/27617925_1_zain-s-africa-zain-telecom-largestever-cross-border-deal, accessed on June 24, 2014 13 specific solutions (erratic power supply, support for multiple Indian languages, low cost) were unlikely to emerge. There was also a concern that delays and uncertainty in the regulatory regime could hamper growth. For example 3G auctions had been delayed by over 2 years. The existing spectrum management and policy regime, largely “command and control”, was not quick enough to respond to technological changes that were making new wireless services commercially viable. Nor was it in tune with regulatory developments in other parts of the world, where increasing amounts of spectrum were being made available in license exempt bands. Though the broadband penetration in India almost doubled (95%) from September 31, 2012 to September 31, 2013, it was only 1.1%13. The world average of broadband penetration was 9.9% as of September, 2013. In addition, there were concerns that the large numbers of operators in each circle were not commercially viable. Without further regulatory and policy interventions, it would not be possible to have growth in telecom services that was commensurate with that elsewhere in the world. Since telecom service growth is closely linked to economic growth, this could impede India’s economic growth. 13 http://www.broadbandcommission.org/Documents/bb-annualreport2013.pdf, http://www.businessstandard.com/article/management/india-s-broadband-nirvana-114040600673_1.html, accessed on June 18, 2014 14 Exhibit 1: Institutional Structure of the Indian Telecom Sector14 Asectoral Regulation Competition Commission Judicial System Supreme Court Ministry of Communications and IT, Department of Telecom, (Telecom Commission) Regulators Telecom Dispute Resolution Settlement Appellate Tribunal (TDSAT) Telecom Regulatory Authority of India Subscribers Government / Partially Government Service Providers BSNL (Corporatized) Fixed, Cellular, ISP, NLD, ILD (All India other than Mumbai and Delhi) ) VSNL now TATA Communications (Privatized Incumbent) International/National Private Line Services MTNL (Corporatized and Partially Privatized) Fixed, Cellular, ISP, NLD, ILD services in Delhi and Mumbai 14 Private Operators Bharti-Airtel Fixed, Cellular, NLD, ILD, VSAT, and ISP Vodafone Cellular Idea Cellular Others Fixed, Cellular, NLD, ILD, VSAT, and ISP Source: Jain, R. & Raghuram, G. (2012). Lessons of Telecom Sector Reforms for Other Infrastructure Sectors, Paper presented at the International Telecommunications Society 2012 Asia-Pacific Regional Conference, New Delhi, India, February 22-24, 2012 15 Exhibit 2: Teledensity15 Table A: Growth in Teledensity Year Urban Rural Gap 6.9 0.5 6.4 1999 8.2 0.7 7.5 2000 10.4 0.9 9.5 2001 12.2 1.2 11.0 2002 14.3 1.5 12.8 2003 20.8 1.6 19.2 2004 26.2 1.7 24.5 2005 38.0 1.9 36.1 2006 50.0 4.9 45.1 2007 84.2 12.9 71.3 2008 89.4 14.9 74.5 2009 119.8 24.3 95.5 2010 157.3 33.8 123.5 2011 169.6 39.2 130.4 2012 147.0 41.0 106.0 2013 145.8 44.0 101.8 2014 15 (%) Total 2.3 2.9 3.6 4.3 5.1 7.0 9.1 12.8 18.3 33.2 36.9 52.7 70.9 78.7 73.3 75.2 Source: TRAI Performance Indicator Reports 1999 to 2013 and Highlights on Telecom Subscription Data as on 31st March 2014, http://www.trai.gov.in/, accessed on June 7, 2014 16 Table B: Growth in Wireless Subscribers, by Technology16 Year ended (March 31st) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Dec 31, 2013 16 Subscribers (mn) GSM CDMA 3.58 6.43 12.68 26.15 7.54 41.07 11.15 69.19 20.95 120.47 44.64 192.70 68.37 297.26 94.49 478.68 105.64 698.37 113.22 814.06 105.11 794.03 73.78 824.06 62.24 Source: TRAI Performance Indicator Reports 2001-2013, http://www.trai.gov.in/, accessed on June 7, 2014 17 Exhibit 3: Revenues from Different Services for the Years (2003-12)*17 Services 2002-03 2003-04 2004-05 25.9 33.0 32.6 Basic Services 8.6 14.3 23.3 Cellular Services 6.0 5.1 6.3 NLD 5.0 4.4 3.8 ILD 1.3 1.6 1.6 ISP 0.3 0.4 0.5 Others 47.1 58.8 68.1 Total *Revenue data for the year 2012-13 is not available 17 2005-06 34.2 36.0 9.0 7.3 1.6 0.5 88.6 2006-07 30.2 56.2 7.2 11.5 2.0 0.6 107.7 2007-08 26.7 76.6 9.7 11.5 5.4 0.6 130.5 2008-09 24.6 93.5 14.4 15.0 7.5 0.5 155.5 2009-10 18.9 96.8 16.4 17.6 9.0 0.7 159.4 (Rs ‘000 cr) 2010-11 2011-12 14.9 12.1 101.4 118.5 21.8 18.5 25.6 25.7 163.7 174.8 Source: Voice&Data, from various editions, available at http://voicendata.ciol.com/, accessed on April 17, 2013 18 Exhibit 4: Contribution Pie of Telecom Revenues (as on December 31, 2013)18 S.No 1 1.1 1.2 1.3 1.4 1.5 1.6 2 2.1 3 Revenue (excl. service tax) Per Subscriber Per Month (in Rs) GSM CDMA % Share of Total Revenue from Subscribers GSM CDMA Item Usage from Home Service Area Rental Revenue 18.65 21.64 15.05 19.25 Revenue from calls 71.71 45.35 57.87 40.34 Revenue from SMS 4.2 1.87 3.39 1.66 Revenue from data usage 14.96 37.91 12.07 33.72 Revenue from other VAS 5.01 3.44 4.05 3.06 # Other revenue 1.89 -0.71 1.53 -0.06 Usage outside Home Service Area Revenue from outroamers 7.49 2.93 6.05 2.61 123.91 112.43 100 100 Total revenue from subscribers (1+2) 4 Net inter-operator settlement -11.97 -8.82 charges receivable * 5 111.94 103.6 Net Revenue (ARPU) per month (3+4) *includes Interconnect Usages Charges and roaming settlement charges # Other Revenue is negative because of the adjustment of Exceptional Items (Bad Debt) by one of the service provider. 18 Source: TRAI Performance Indicator Report October - December, 2013, available at http://www.trai.gov.in/WriteReadData/PIRReport/Documents/Indicator%20Reports%20-%20Dec-2013.pdf, accessed on May 11, 2013 19 Exhibit 5: Operators, Service Areas and Bids for 3G Auction19 Service Area Delhi Mumbai Maharashtra Gujarat Andhra Pradesh Karnataka Tamil Nadu Kolkata Kerala Punjab Haryana Uttar Pradesh (E) Uttar Pradesh (W) Rajasthan Madhya Pradesh West Bengal Himachal Pradesh Bihar Orissa Assam North East Jammu & Kashmir Total Cost Circles Won 19 Aircel 1373 1580 1465 544 312 322 Bharti 3317 3247 1373 1580 1465 Idea 1258 1076 1373 514 321 1258 1076 124 37 203 41 42 30 12294 13 Vodafone 3317 3247 1258 1076 1580 312 322 223 365 514 258 203 97 41 42 30 6498 13 Tata 1465 544 544 365 124 Reliance STEL 3317 3247 37 30 5768 11 312 322 223 322 321 258 124 37 203 97 41 42 30 8583 13 223 365 514 321 258 124 37 203 97 337 3 5864 9 11619 9 (Rs cr) Circle Total 9951 9741 3774 3228 4119 4740 4395 1632 936 1288 669 1095 1542 963 774 496 148 812 291 123 126 120 50963 Source: DoT, http://www.dot.gov.in/as/Auction%20of%20Spectrum%20for3G%20&%20BWA/Auction%20results/3G_Auction_-_Final_Results.pdf, accessed on August 21, 2010 20 Exhibit 6: Operators, Service Areas and Bids for BWA Auction20 Service Area Delhi Mumbai Maharashtra Gujarat Andhra Pradesh Karnataka Tamil Nadu Kolkata Kerala Punjab Haryana Uttar Pradesh (E) Uttar Pradesh (W) Rajasthan Madhya Pradesh West Bengal Himachal Pradesh Bihar Orissa Assam North East Jammu & Kashmir Total Cost Circles won Aircel Bharti 916 1059 1543 2069 523 332 71 99 64 33 21 21 3437 8 3314 4 Infotel 2241 2293 916 614 1059 1543 2069 523 259 332 120 143 184 97 125 71 21 99 64 33 21 21 12848 22 Qualcomm 2241 2293 Tikona Augere 614 259 120 143 184 97 125 21 4913 4 1059 5 125 1 BSNL 916 614 1059 1543 2069 523 259 332 120 143 184 97 125 71 21 99 64 33 21 21 8314 2 MTNL 2241 2293 4534 2 (Rs cr) Circle Total 6723 6879 2748 1842 3177 4629 6207 1569 777 996 360 429 552 291 375 213 63 297 192 99 64 64 38544 20 Source: DoT, http://www.dot.gov.in/as/Auction%20of%20Spectrum%20for3G%20&%20BWA/BWA%20Auction%20Results/BWA_Auction_-_Final_Results.pdf, accessed on August 22, 2010 21 Exhibit 7: Scope of Operations for Major Operators as on December 31, 201321 Sr. Service Provider Area for Which Licensed with No. No. (Year of Incorporation) 1 Bharti (1995) All India (22) 2 Aircel Group (1999) All India (23) 3 4 Reliance Communications Ltd (2004) Reliance Telecom Ltd (2004) 5 6 7 Vodafone (1992) Tata Teleservices (1989) IDEA (1995) 8 Shyam Telelink (1992) 9 10 11 12 BSNL (2000) MTNL (1986) Loop Telecom Private Ltd (2005) Telewings Communication Services Pvt. Ltd (2009) 13 Videocon Telecommunications Ltd. (2008) 14 Spice Communications (1997) 15 Quadrant (1998) UASLs/UL (AS): 145 CMTSs: 37 Total: 182 21 All India (except Assam & NE) (20) Kolkata, MP, WB, HP, Bihar, OR, Assam & NE (8) All India (23) All India except Assam, NE & J&K (19) All India except KTK & Punjab (20) Delhi, Kol., Guj., KTK, TN incl. Chennai, Kerala, UP-W, Raj., WB (9) All India (except Delhi & Mumbai) (20) Delhi, Mumbai (2) Mumbai (1) MH, Guj., AP, UP-W, UP-E, Bihar (6) UASL/UL (AS) All India except NE All India except Chennai & TN All CMTS NE Chennai & TN All All All Mumbai, TN incl. Chennai, Kol., WB, Bihar, OR, Assam, NE & J&K All Delhi, MH, Guj., AP, Kerala, Haryana, UPW, UP-E, Raj., MP, HP All All Mumbai All Guj., Har., UP-W, UP-E, MP, Bihar (6) All KTK, Punjab (2) Punjab (1) All Punjab Source: DoT and service providers, http://www.dot.gov.in/, accessed on July 14, 2014 22 Exhibit 8: Financial and Subscriber Details for Various Operators22 Operators BSNL Bharti Airtel* Idea Cellular* MTNL RCOM SSTL Tata Communications Tata Teleservices Vodafone Essar*$ Operators 2003-04 2004-05 2005-06 2006-07 Revenue Profit Revenue Profit Revenue Profit Revenue Profit 33919 5977 36090 10183 40177 8940 39715 7806 5003 584 7903 1212 8310 1685 14119 3490 1313 NA 2000 NA 2987 1086 4387 1486 6101 1278 5592 939 5249 579 5583 -216 2707 -390 5387 51 NA NA 11762# 2409# NA NA NA NA 3 1 240 -41 3371 378 3412 708 4797 70 8856 15 598 -270 807 -528 1095 -541 1407 -311 4500 154 7090 220 10000 324 10565 NA (Rs cr) 2007-08 Revenue Profit 38047 3009 21870 5927 6737 2269 5330 -180 13427 2586 117 -181 8538 10 1707 -126 18058 347 2008-09 2009-10 2010-11 2011-12 2012-13 Revenue Profit Revenue Profit Revenue Profit Revenue Profit Revenue Profit 35812 575 32045 -1822 29688 -6384 27933 -8850 27128 -7884 30419 6875 33128 9440 36340 8555 40309 8224 44023 7067 10154 2836 12499 3459 15503 3791 19541 5092 22458 6005 5250 212 5058 -2611 3992 -2802 3624 -4110 3714 -5321 13694 4803 12512 479 12614 -758 11863 156 12820 624 128 -1212 260 -2672 764 -2367 1508 -3159 1231 -2882 10206 315 11194 -598 12185 -777 14340 -795 17439 -623 1942 -160 2069 -298 2249 50 2470 -518 2608 -659 26651 -297 30863 -367 38207 149 42270 595 42855 2190 BSNL Bharti Airtel* Idea Cellular* MTNL RCOM SSTL Tata Communications Tata Teleservices Vodafone Essar*$ *EBITDA $ Essar was acquired by Vodafone is 2006 and data from subsequent years is not available # For fifteen months ended March 31, 2007 22 Source: Company Reports, Bombay Stock Exchange and Voice&Data 2004, 2005, 2006, 2007 and 2008 23 Exhibit 9: Amount Collected, Disbursed and Utilized through USOF23 Financial Year 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Total 23 Funds Collected as UAL (as per DoT A/Cs) 1653.61 2143.22 3457.73 3215.13 3940.73 5405.80 5515.14 5778.00 6114.56 6723.57 6735.46 7885.23 58568.18 Funds Allocated 300.00 200.00 1314.59 1766.85 1500.00 1290.00 1600.00 2400.00 3100.00 1687.96 625.00 2163.45 17947.85 Funds Disbursed 300.00 200.00 1315.00 1766.85 1500.00 1290.00 1600.00 2400.00 3100.00 1687.96 625.00 2163.45 17948.26 Source: www.usof.gov.in, accessed on June 7, 2014 Reimbursement of LF and Spectrum Charges to BSNL 2300.00 2300.00 1765.68 582.96 0 0 0 0 0 0 0 0 6948.64 (Rs cr) Balance -946.39 -356.78 377.46 865.32 2440.73 4115.80 3915.14 3378.00 3014.56 5035.61 6110.46 5721.78 33671.69 Exhibit 10: List of Licenses Cancelled24 Name of the Operator Brand (Number of Licenses) Name Tata Teleservices Ltd (3) Idea Cellular Ltd (9) DoCoMo Idea Spice Communications Ltd (4) Swan Telecom Pvt. Ltd (13) Etisalat DB Allianz Infratech (P) Ltd (2) S Tel Ltd (6) S-Tel Datacom Solutions Pvt Ltd (21) 24 Videocon Subscriber Service Area/s Base as on February 2, 2012(cr) N/A Assam, Jammu &Kashmir, North East 0.66 Punjab Assam, Jammu &Kashmir, Karnataka, Kolkata, NE, Orissa, Tamil Nadu (including Chennai), West Bengal Delhi Uttar Pradesh, Haryana, Maharashtra 0.17 Uttar Pradesh, Gujarat, Haryana, Karnataka, Kerala, Maharashtra, Punjab, Rajasthan , Tamil Nadu (including Chennai), Uttar Pradesh (East), Uttar Pradesh (West) Delhi, Mumbai Bihar, Madhya Pradesh 0.36 Orissa Assam, Jammu & Kashmir, North East Bihar, Himachal Pradesh 0.55 Uttar Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Kolkata, Madhya Pradesh, Maharashtra, North East, Orissa, Rajasthan, Tamil Nadu (including Date of Application Date of Issue of LOI Date of Signing of License Effective Date of License 21.06.06 26.06.06 26.06.06 10.01.08 10.01.08 10.01.08 03.03.08 27.02.08 28.02.08 25.01.08 25.01.08 25.01.08 31.08.06 31.08.06 03.02. 07 10.01.08 10.01.08 10.01.08 03.03.08 29.02.08 03.03.08 25.01.08 25.01.08 25.01.08 03.02.07 09.06.07 07.07.07 07.07.07 10.01.08 16.07.08 10.01. 08 10.01. 08 27.02.08 08.07.08 03.03.08 03.04.08 25.01.08 31.07.08 25.01.08 25.01.08 07.07.07 28.08.07 10.01. 08 10.01. 08 29.02.08 27.02.08 25.01.08 25.01.08 Source: IBNLive.com, http://ibnlive.in.com/news/list-of-122-cancelled-2g-licences-are-you-are-affected/226535-53.html, Column 1, 4, 5, 6, 7 & 8, accessed on April 15, 2013, http://www.trai.gov.in/WriteReadData/PressRealease/Document/InfoPress-Telecom%20Subscription%20Data_%2029022012.pdf, Column 2 & 3, accessed on June 25, 2013 Name of the Operator (Number of Licenses) Loop Telecom Private Ltd (21) Brand Name Loop Adonis Projects Pvt Ltd (6) Aska Projects Ltd (3) Nahan Properties Pvt Ltd (6) Volga Properties Pvt Ltd (3) Azure Properties Ltd (1) Hudson Properties Ltd (1) Unitech Builders & Estates Pvt Ltd (2) Shyam Telelink Limited Unitech MTS Subscriber Service Area/s Base as on February 2, 2012(cr) Chennai), Uttar Pradesh (East), Uttar Pradesh (West), West Bengal Delhi, Mumbai 0.32 Bihar, Gujarat, Himachal Pradesh, Kerala, Kolkata, Punjab, Rajasthan , Uttar Pradesh (East), Uttar Pradesh (West), West Bengal Uttar Pradesh, Delhi, Haryana, Karnataka, Maharashtra, Orissa, Tamil Nadu (including Chennai) Assam, Jammu & Kashmir, North East Madhya Pradesh Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar Pradesh (West) Jammu & Kashmir Uttar Pradesh, Kerala Karnataka Bihar, Uttar Pradesh (East.) Assam, North East, Orissa, West Bengal Gujarat, Madhya Pradesh, Maharshtra Kolkata Delhi Tamil Nadu (including Chennai), 3.63 Mumbai 1.41 Madhya Pradesh, Mumbai Date of Application Date of Issue of LOI Date of Signing of License Effective Date of License 28.08.07 09.06.07 10.01. 08 10.01. 08 28.02.08 03.03.08 25.01.08 25.01.08 09.06.07 10.01. 08 03.04.08 25.01.08 09.06.07 10.01. 08 03.05.08 25.01.08 09.06.07 24.09.07 10.01. 08 10.01. 08 29.02.08 28.02.08 25.01.08 25.01.08 24.09.07 24.09.07 24.09.07 24.09.07 24.09.07 10.01. 08 10.01. 08 10.01. 08 10.01. 08 10.01. 08 29.02.08 28.02.08 29.02.08 28.02.08 29.02.08 25.01.08 25.01.08 25.01.08 25.01.08 25.01.08 24.09.07 10.01. 08 28.02.08 25.01.08 24.09.07 24.09.07 24.09.07 10.01. 08 10.01. 08 10.01. 08 29.02.08 29.02.08 29.02.08 25.01.08 25.01.08 25.01.08 25.09. 07 10.01. 08 03.03.08 25.01.08 Name of the Operator (Number of Licenses) (21) Brand Name Subscriber Service Area/s Base as on February 2, 2012(cr) Bihar, Gujarat, Himachal Pradesh, Kerala, Kolkata, Punjab, Uttar Pradesh (East), Uttar Pradesh (West), West Bengal Uttar Pradesh , Delhi, Haryana, Karnataka, Maharashtra, Orissa, Tamil Nadu (including Chennai) Assam, Jammu & Kashmir, North East Date of Application Date of Issue of LOI Date of Signing of License Effective Date of License 25.09.07 10.01. 08 03.04.08 25.01.08 25.09.07 10.01. 08 03.05.08 25.01.08 25.09.07 10.01. 08 03.07.08 25.01.08 Exhibit 11: India's 2012 2G Spectrum Auction Results25 Service Area Price Telecom Operator (Rs cr) Telenor Airtel Idea Vodafone Videocone Andhra Pradesh 287 4 Assam 9 1 4 2 Bihar 46 4 1 2 4 Delhi Gujarat 225 4 4 Haryana 47 2 4 Himachal Pradesh 8 1 Jammu & Kashmir 6 4 2 Karnataka Kerala 65 1 Kolkata 114 4 Madhya Pradesh 54 2 4 Maharashtra 263 4 1 Mumbai North East 9 4 2 Orissa 20 4 2 Punjab 67 1 Rajasthan Tamil Nadu 306 4 UP (East) 76 4 1 4 UP (West) 107 4 2 4 West Bengal 26 5 2 Total Cost (Rs cr) 4018 9 2031 1128 2221 Circles 6 1 8 14 6 Blocks Won 24 1 30 23 24 * Figures vary due to rounding-up of values 25 Total Price (Rs cr) 1148 61 511 0 1799 279 8 38 0 65 455 324 1314 0 53 122 67 0 1224 686 1074 181 9408* 18 Total Blocks 4 7 11 0 8 6 1 6 0 1 4 6 5 0 6 6 1 0 4 9 10 7 102 Source: http://www.medianama.com/2012/11/223-indias-2g-auction-ends-results-chart-operatorwise-results-what-next/, accessed on June 17, 2014 Exhibit 12: India's 2014 2G Spectrum Auction Results26 Circle 900 MHz Delhi Kolkata Mumbai Total Cost Circles Won 1800 MHz Andhra Pradesh Assam Bihar Delhi Gujarat Haryana Himachal Pradesh J&K Karnataka Kerala Kolkata Madhya Pradesh Maharashtra Mumbai North East Orissa Punjab Rajasthan Tamil Nadu UP (East) UP (West) West Bengal Total Cost Circles Won Overall Cost Circles Won 26 Airtel Idea Jio 4446 1362 2815 8623 3 3705 1434 978 945 195 2548 218 380 162 1966 1427 61 16 1364 260 365 292 1632 49 80 443 213 1040 (Rs cr) Uninor RCOM Aircel Vodafone Total Cost 3705 11855 1362 2725 6194 9009 11261 23589 3 3705 1 228 217 95 98 2912 1046 65 11 775 520 353 2613 544 35 775 260 365 323 1452 1795 45 80 775 364 584 163 2230 13 432 42 32 21 115 256 1290 115 190 108 138 9905 7010 11056 15 11 14 18528 10715 11056 18 12 14 845 5 845 5 163 1 163 1 30 211 5 210 5 Source: http://dot.gov.in/sites/default/files/Provisional_results.pdf, accessed on June 17, 2014 3683 412 95 7644 2854 227 61 27 3689 1404 1314 968 4065 6365 141 160 907 276 2330 486 190 276 37573 8383 11 19644 61162 14