Telecom Regulatory Authority of India: Consultation Paper On Mobile Virtual Network Operator (MVNO)

Consultation Paper No.
9/2008
Telecom Regulatory Authority of India
Consultation Paper
On
Mobile Virtual Network Operator (MVNO)
New Delhi
5 May 2008
Mahanagar Doorsanchar Bhawan

Jawahar Lal Nehru Marg
New Delhi – 110 002
web-site: www.trai.gov.in
Final date for submitting Comments: June 3, 2008

Telecom Regulatory Authority of India Consultation Paper on MVNO
PREFACE
The Telecommunication Sector in India has registered remarkable

growth. The growth in infrastructure sector like telecom has multiplier-effect on
the entire economy. The key to the growth of telecom in India has been policy
reforms and competition. The positive regulatory framework has played a major
role. Since the liberalization of the telecom sector in 1991 we have come a long
way and today there are more than 300 million telephone connections in the
country of which around 261 million are mobile connections. The target is to
achieve 500 million connections by the year 2010. The Indian telecom network is
today the second largest in the world after China.
Mobile Virtual Network Operator (MVNO) model has gained popularity in

the last few years and there are over 300 MVNOs registered throughout the
world. MVNOs operate through commercial arrangements with licensed Mobile
Network Operator (MNO) and buy bulk minutes of traffic and resell them to their
own subscribers.
The introduction of MVNO is seen as a natural progression towards

enhancing free market principles and contributing to the efficient use of existing
telecommunication infrastructures. Following this growing trend of mobile market,
various categories of users are emerging with different preferences. It often
becomes difficult for a large operator to service such diverse requirements
effectively. Such varied requirements could get better addressed by niche
operators who can cater to specific customer segments. They may have better
knowledge of the local market. In short, the framework of wholesale and retail
becomes important.
The new value added services are constantly emerging widening the
range and types of services offerings and pricing plans. Large MNOs are able to
May, 2008 i
manage on its own simple value added services like ring tones. Several niche
value added services are better managed by MVNOs who target specific niche
markets. MVNOs may help the MNO to widen and deepen its market.
The Department of Telecommunications has sought the recommendations

of the Authority regarding MVNO. The recommendations has been sought on
need and timing for introduction of MVNO as well as terms and conditions of the
license to be granted to such operators.
This Consultation Paper discusses the concept of MVNO, definition, need

and timing of entry of MVNO, MVNO models, benefits and examines the
technical, licensing and regulatory issues that has to be addressed for
introduction of MVNO in India. An overview of the International experience is also
provided.
In keeping with Authority’s commitment to transparency and wider

consultation with stakeholders, the Authority has initiated this consultation
process. We invite all stakeholders to participate in the collective thinking
process to determine a variety of issues involved in the introduction of MVNO in
India. We also seek the comments of all stakeholders on the issues discussed in
this Consultation Paper. The paper has been placed on the Authority's website
(www.trai.gov.in). Written comments on the issues may please be furnished to
Pr. Advisor (RE) by June 3, 2008. For any further clarification on the matter
please contact Sh. N. Parameswaran, Pr. Advisor (RE) at e-mail:
param.trai@gmail.com, Tel.: 011-23233291, Fax: 011-23235161.
(Nripendra Misra)
Chairman, TRAI
May, 2008 ii
Table of Contents
Page
1 Introduction 1
2 Mobile Virtual Network Operator Types 4
3 Regulatory and Licensing Issues 20
4 International Experience 38
5 Issues for Consultation 54
6 Annexure 57
7 Glossary 70
May, 2008 iii

Chapter 1
Introduction
1.1 Department of Telecommunications (DoT) has sought the

recommendations of Telecom Regulatory Authority of India (TRAI,
hereinafter referred the Authority) regarding Mobile Virtual Network
Operator (MVNO). The recommendations have been sought on the need
and timing for introduction of MVNO as well as terms and conditions of the
license to be granted to such operators. Copy of DOT letter is annexed as
Annexure I.
1.2 Liberalization of the Indian Telecom Sector began in the year 1991. The
Indian Telecom Network today is the second largest network in the world
after China. As of 31st March 2008 there are more than 300 million
telephone connections in the country of which 261 million are mobile
connections. Approximately 8 million mobile connections are being added
every month. The tele-density which was less than 1 per hundred in 1984
is today over 26 per hundred. The target is to achieve 500 million
connections by year 2010.
1.3 Till date most of the subscriber additions has been from the urban areas.
In future it is expected that there would be significant additions from rural
areas. As the market grows both geographically and in numbers the user
requirements also vary significantly.
1.4 The various categories of users are now clearly emerging with different
preferences. One view point is that it is difficult for a large operator to
service such diverse requirements effectively and these may get better
addressed by niche operators who can cater to specific customer
segments. They have better knowledge of the local market. The
framework of wholesale and retail becomes relevant.
May, 2008 1
1.5 The Authority had given its recommendations to allow resale in the
International segment i.e. International Private Leased Circuits (IPLC) in
December 2005. These have been accepted by the Government and the
Government (Department of Telecom) requested the Authority to give its
recommendations on terms and conditions for the resale in the IPLC
segment. The Authority gave its recommendations on terms and
conditions for resale in the IPLC segment to the Government in March
2007. The decision of the government is awaited on this.
1.6 MVNO figured during the consultation process on Infrastructure Sharing.

The key comments of the stakeholders were following:
• Active infrastructure sharing is not a pre-requisite for launch of MVNO,

• MVNO should be allowed to access the core network of the cellular
operators which will result in CAPEX and OPEX saving and optimal
utilization of resources,
• MVNO can go with the customer services development whereas the
network operator can concentrate into the development of core
network,
• Indian market is not ripe for introduction of MNVO.
There was general consensus that MVNO should be addressed
separately.
Keeping in view the comments and the fact that it has major licensing
implications, it was recommended by the Authority that MVNO should be
dealt separately. Accordingly, it was then stated in the recommendations
on Infrastructure sharing that spectrum sharing should not be form part of
infrastructure sharing for the present.
1.7 The Authority gave its recommendations on Infrastructure Sharing in April

2007. Based on these, the Guidelines on Infrastructure Sharing have been
May, 2008 2
issued by DoT on 1st April 2008. As per the Guidelines – “Sharing of active
infrastructure amongst Service Providers based on the mutual agreements
entered amongst them is permitted. Active infrastructure sharing will be
limited to antenna, feeder cable, Node B, Radio Access Network (RAN)
and transmission system only. Sharing of the allocated spectrum will not
be permitted. The licensing conditions of UASL/CMSP to be suitably
amended wherever necessary to permit such sharing.” The Service
Provider can share passive infrastructure in accordance with the
provisions of license of BSO’s, CMSPs and UASL. The procedure for
SACFA clearance has been further simplified.
1.8 The mobile sector utilizes the finite and scarce resource of spectrum.
Today there are around ten to twelve UASL licensees in each operational
service area and six to eight mobile service providers per service area are
effectively offering services in the country. The finite resource of spectrum
has now become a serious constraint in the telecom market.
1.9 The concept of MVNO has been prevalent in other countries since 1990s
and to date there are in excess of 300 such service providers registered
throughout the world, the majority of which can be found in Scandinavia,
UK, Germany, France, Australia, USA, Hong Kong and Malaysia.
1.10 The New Telecom Policy, 1999 (NTP-1999) had envisaged resale in the
Telecom Services market at an appropriate time. This Consultation Paper
on MVNOs is being brought out to discuss the need and timing of
introduction of MVNO and the various issues relating to the introduction of
MVNO in India, elicit views of all the stakeholders before finalizing the
recommendations. The Chapter 2 deals with the types of MVNO. The
regulatory and licensing issues are covered in Chapter 3 and International
experience in Chapter 4. Chapter 5 consolidates the issues for
consultation.
May, 2008 3
Chapter 2
Mobile Virtual Network Operator Types

2.1 Definition
2.1.1. MVNO model has gained popularity in the last few years. MVNO operates
through commercial arrangements with licensed Mobile Network
Operators (MNO). The MVNO provides the telecom service under its own
brand to the subscribers. MVNOs do not have their own spectrum. The
key difference between a simple reseller or a franchisee and MVNO is that
MVNOs add value and sell either niche or generalized value added
services to subscribers1.
2.1.2 There is no uniform definition on what constitutes a MVNO. Regulatory

bodies around the world have adopted various definitions and different
forms of regulatory intervention depending on the extent to which an
MVNO relies on the facilities of the MNO. According to the Finnish
Ministry of Transport and Communications the difference between MNO
and MVNO is that the latter lease the right of use of radio spectrum from
the licensed mobile network operators. Some of the definitions adopted by
different organizations are:-
1
MVNO - Policy Issues by Dr. D.P.S. Seth, Communications Today, April 2008.
May, 2008 4
Organization Definition of MVNO according to the organization

MVNO Directory2 A mobile network operator without a physical land based
infrastructure, such as base stations, with the country
where the MVNO operates.
Oftel3 An MVNO is an organization that offers mobile
subscription and call services to customers but does not
have an allocation of spectrum.
ITU4 A mobile Virtual Network Operators (VNO) is an operator
that offers mobile services but does not own its own radio
frequency. Usually, this operator has its own network
code and in many cases issues its own SIM card. The
mobile VNO can be a mobile service provider or a value-
added service provider.
Pyramid Research5 …..MVNO provides mobile voice and data services to
end users through a subscription agreement, but which
does not have access to the spectrum ….
Malaysian Communications & ….an organization that does not have assignment of 3G
Multimedia Commission spectrum but is capable of providing public cellular
(MCMC)6 services to end users by accessing radio networks of one
or more 3G spectrum holders….
OVUM7 An organization that offers mobile services to customers,
has its own mobile network code, issues its own SIM
card, operate its own MSC, does not have its own radio
frequency allocation.
Office of the At a highest level an MVNO may be viewed as an
Telecommunications Authority organization that offers mobile subscription and call
of Hong Kong (OFTA)8 services to customers but does not have an allocation of
spectrum, rather it relies on hosting its service on a
licensed Mobile Network Operator.
US Federal Communications An MVNO arrangement is one in which “a network
Commission (FCC)9 operators acts as a wholesaler of airtime to another firm,
which then markets itself to users just like an
independent operator with its own network infrastructure.”
2
MVNO Directory, MVNO Defined, available at http://www.mvnodirectory.com/ mvnodefined.html
3
Oftel, Statement on Mobile Virtual Network Operators, October 1999
4
ITU, Regulatory treatment of mobile VNOs, available at
http://www.itu.int/osg/spu/ni/3G/resources/MVNO/index.html.
5
InfoDev, Definition of a Mobile Virtual Network Operator, available at
http://www.ictregulationtoolkit.org/content/practice_notes/detail/1985
6
Malaysian Communications and Multimedia Commission, Guideline on regulatory framework for 3G mobile
virtual network operators, February 16, 2005.
7
OVUM, MVNOs – competition policy and market development, ITU Workshop on 3G mobile, 2001.
8
OFTA ‘Open Network’ Regulatory Framework for Third Generation Public Mobile Radio Services in Hong Kong, Discussion Paper for
Industry Workshop, 2001, p.14, available at http:// www.ofta.gov.hk/en/3g-licensing/discuss-mvno.pdf.
9
FCC, Report & Order: 2000 Biennial Regulatory Review Spectrum Aggregation Limits For Commercial
Mobile Radio Services, WT Docket No. 01-14, December 18, 2001, foot note 145.
May, 2008 5
2.1.3 Generally the MVNOs deliver their own SIM cards and take care of
branding, marketing, billing and customer care. The difference arises
whether an MVNO has its own infrastructure such as:-
• Mobile Switching Center (MSC)

• Home Location Register (HLR)
• Intelligent Network (IN) Platform.
or does not own infrastructure but based on services provided by it such

as:-
• Only pre-packaged services.
• Tariff and service design control or
• Service implementation and differentiation
2.1.4 The level of technical independence defines the services and the
differentiation the MVNO is able to offer. Common in both approaches is
that the more service creation elements an MVNO has, the more ‘true’
MVNO it is10.
2.1.5 In general MVNOs can be grouped in four (non exclusive) ways: facility
based, target market, strategy based and plan based.
Facility based MVNOs. Facility based MVNOs have some network

infrastructure of their own whereas non-facility based MVNOs do not own
any network facilities and are, thus pure resellers.
Target market based MVNOs also has two categories: those that operate
as discount MVNOs and those that service life style based market niche
segment. In the face of intensifying mobile (and in particular pre-paid)
10
Mobile Virtual Network Operator strategies by Arnukka Kiiski, Heikki Hammaainen, Helsinki University of
Technology
May, 2008 6
competition the long term sustainability of pure discount based strategy by

merely offering low prices without any form of product differentiation may
have to be closely evaluated. In contrast, life style MVNOs target specific
niche markets demographics and differentiate their services from those
offered by their competitors. The purpose of adding value for members of
the niche market segment that they serve is to increase the long term
viability.
Strategy based MVNOs are categorized according to their specific

categories. The strategies of these categories of MVNOs may vary
widely. For example, they may consist of low cost international MVNOs,
brand extension MVNOs, subprime credit MVNOs, youth focused MVNOs
and network carrier MVNOs. Again the ultimate purpose of the different
strategies is product differentiation and market segmentation.
Plan based MVNOs may further be divided in two categories i.e. whether
they offer pre-paid or post-paid plans.
2.1.6 Considering the Indian telecom scenario, following broad definition for
MNVO could be considered:
“MVNO licensee is an entity that does not have assignment of

spectrum for Access Services (2G/3G/BWA) but can provide wireless
(mobile) Access Services to customers by sharing the spectrum of
the Access Provider (UAS/ CMTS licensee)”.
Issue 1. Do you agree with the definition of MVNO given in section 2.1.6 ?
If not please suggest alternate definition with justification.
May, 2008 7
2.2 Need and Timing for Entry of MVNO
2.2.1 The introduction of MVNO is seen as a natural progression towards

enhancing free market principles and contributing to the efficient use of
existing telecommunication infrastructure. The mobile value added
services are still evolving. While the potential of mobile technologies is
undeniable, new value added services are constantly emerging widening
the range and types of service offerings and pricing plans, the likely
applications and usage. Correspondingly, the possible types of services
an MVNO might offer and the role they would play in the emerging market
would also expand. It is observed that the entry of MVNO in the mobile
market raises the level of competition by providing consumers with a wider
choice of service providers, a wider range of innovative value added
services and more competitive pricing plans.
2.2.2 The goal for an MVNO is to make profit through fulfilling the expectations
of the chosen customer segment so that the customers experience a level
of service that satisfies their needs.
2.2.3 An MVNO could compete in the market with the MNO. In such a scenario
what could be the motivation for an MNO to share its network with the
MVNO? International experience shows that there is a valid business case
for MNOs and MVNOs to work together. It may be very difficult and too
expensive for a large MNO to offer successfully a number of value added
services particularly the niche ones, while for an MVNO it could a
successful business proposition. MVNO could provide access service
including various types of value added services in some remote areas or
specific towns where MNO may not have its presence.
2.2.4 An analysis of the mobile service providers in India clearly indicates that
there is a steady decline in the Average Revenue Per User (ARPU). The
ensuing graph shows the trends in ARPU for the GSM service providers.
May, 2008 8
ARPU (Rs. per month)

Average Revenue Per User (ARPU)
400
337 316
300 298 297 275 261
200
100
0
Sep- Dec- Mar- Jun- Sep- Dec-
06 06 07 07 07 07
Quarters
2.2.5 The ARPU is decreasing every quarter. The mobile operators have to look
for alternate sources to boost their revenues. A number of value added
services like ring tones, picture downloads, game downloads etc. are
contributing significantly to the revenue of mobile service providers.
These are simple value added services which a large MNO can manage
on its own. However, there are several niche value added services like
booking and delivery of tickets (air, rail, cinema etc.) which can be
efficiently offered through a good distribution network which is well spread
out in the service area. Also an MVNO who has a well recognized brand
name in some other area would have good acceptability. Such MVNOs
would help the MNO to widen and deepen its market.
2.2.6 Generally, it is said that, markets which are sufficiently mature and tending
towards saturation of demand and where excess capacity is available in
the networks are the situations where introduction of MVNO would add
value for the customers and the operators. However, it is not limited to this
alone. In markets like the Indian Mobile Market, which is highly
competitive, the customer acquisition is becoming increasingly difficult and
complex. The supply chain or the present network of retail outlets are
May, 2008 9
unorganized barring the company outlets which are limited in number. In

India many of the 22 service areas have large geographical area and a
single service area i.e. circle is comparable to an average European
country. An MVNO with a strong retail chain may be able to address the
issues of customer acquisition and customer care more effectively in its
niche area of operations. The fact that many of the existing MNOs are
already outsourcing a number of its activities, reiterates this aspect.
2.2.7 Thus, there can be significant benefits to MNOs that offer MVNOs
wholesale access to their mobile networks. The benefit arises principally
in the form of:
• Extending mobile services to market segment with which MNOs have

not had much success previously;
• Market expansion by reaching entirely new or previously un-served/
underserved market segment or geographical area;
• Better network utilization and realization of economies of scale;
• Lower operational cost;
• Effective product bundling and cross selling.
2.2.8 The points of concern for MNO would be:

• Cannibalization of the MNOs market share by MVNOs
• Backlash from poor MVNO performance;
• Adverse selection of MVNOs for partnering purpose;
• Greater customer churn.
2.2.9 While some MVNOs emerge from within the telecommunications industry
itself, many others actually may have no prior connection with that
industry. For example, the latter type of MVNO may be an airline, a
sporting goods company, a broadcast or entertainment company, or a
seller of popular beverages. The main idea is that such an entity attempts
May, 2008 10
to leverage its popularity and brand appeal with certain segments of the
population to cross-sell telecommunications (and, in particular, mobile)
services. Although it may not own network facilities or have any special
expertise in providing telecommunications services, an MVNO helps to
take the MNO’s mobile services beyond a purely telecommunications
context. It is this use of cross-over brand appeal that sets an MVNO apart
from an ordinary reseller and helps to bind customers. But, MVNOs also
help that process along by providing specialized services to niche market
segments that MNOs serving broader market segments cannot address
efficiently. In this scheme of things, the market segments that MVNOs
reach may produce either lower or higher Average Revenue Per User
(ARPU) than the traditional MNO, but there is always the possibility of
additional positive profits (not just revenue) that require introduction of
MVNO. Viewed another way, in this scenario with both product
differentiation and price discrimination, overall consumer interest is better
served by market deepening and widening.
2.2.10 In general, MVNO and MNO do not compete in the same market. By
offering value addition, the MVNO side steps the competition and its
services are differentiated clearly from those of licensed operator. MVNO
can have its own subscribers without competing with the MNO whose
network it uses. For this, if required, MVNO may have its own limited
infrastructure in the form of switch or an Intelligent Network platform.
2.2.11 The Indian mobile telephony marketplace is composed of an extremely

varied clientele. Service plans and tariffs respond to a wide range of
incomes, usage characteristics, and demographics. However, there is
little in terms of service differentiation and innovation in the Indian market
place. Most of the business is in voice telephony or short message
services (SMS). There is a huge potential to identify and serve niche and
special segments of the market, such as children, students, different
May, 2008 11
segments of businesses like the stock market, the elderly or people with
disabilities, or business travelers. Hence, MVNOs have the potential to
add to current offerings of the mobile services; they will allow an increase
in the competition for service provision and benefit consumers by reducing
prices and improving the range of services offered.
2.2.12 Sometime back, the Authority had made recommendations on the

allocation and pricing of spectrum for 3G services. The Authority, going
on press reports and industry sentiments, expects that 3G services will
begin within the next year. The expected capital expenditure for network
deployment is substantial and demand for 3G services might take a while
to grow. In this situation, MNOs might have to slow network deployment
in order to ensure reasonable returns on their investments. This will
decelerate the roll out of 3G services in India. MVNOs open a way for 3G
MNOs to recover part of their capital expenditure even as the demand for
3G services grows in India. It is important to ensure that the expanded
capacity and the allocated spectrum are utilized efficiently. Further,
MVNOs increase capacity utilization of the MNO Radio Access Network
(RAN) and can improve spectrum utilization in both 2G and 3G networks,
especially important in our spectrum scarce country.
2.2.13 Finally, MNOs are typically telecom firms and they might not have the
same brand equity or marketing reach in rural areas as some fast moving
consumer goods (FMCG) or services organizations (the railways, public
sector banks, or post). If these organizations can become MVNOs, they
might be able to extend their own service offerings in rural or semi-urban
India and simultaneously assure revenues for MNOs in these areas. This
could push network deployment all across the country and hence drive the
take-up of advanced wireless services. Hence, MVNOs might be a unique
method to drive telecom penetration and subscriber base growth in non-
urban areas.
May, 2008 12
Issue 2: Do you think there is a need to introduce MVNO in the Indian

Telecom Market. If yes, is it the right time to introduce MVNO as a distinct
service provider with its own licensing and regulatory framework? Please
elaborate the comments with appropriate reasoning.
2.3 Regulating MVNOs
2.3.1 The finite and scarce resource of radio spectrum puts a limit on the number
of MNOs that can provide services. MVNOs share the spectrum with the
MNOs. For introduction of MVNOs, the most important aspect is putting in
place appropriate regulatory framework. Should the MNOs be required by
regulation to open up their networks for MVNOs and if so, under what
terms and conditions? Or, are the MNOs’ incentive to lease out their spare
capacities sufficient to facilitate entry by MVNOs? In Austria, when one of
the four incumbent MNOs opened up its network for MVNO, the other
three incumbent MNOs complained to the regulatory authority that
introduction of further competitors would be a violation of license
conditions and had to be regarded as a hold-up on their specific
investment into network infrastructure.11
2.3.2 In the European Union, until now there is no directive that obliges MNOs to
grant access to MVNOs. Currently while there is a tendency in favor of
MVNOs, no major regulatory actions have been undertaken.
2.3.3 The MNOs’ incentives to voluntarily provide network access and invite
MVNOs onto their network critically depend on two issues: firstly, the
mode of competition and, secondly, the degree of product differentiation.
11
Incentives to License Virtual Mobile Network Operators (MVNOs) by Ralf Dewenter and Justus Haucap
May, 2008 13
Generally, it is seen that MNOs will voluntarily provide network access if

the services offered by the prospective MVNOs are sufficiently
differentiated, as with a high degree of product differentiation the revenue
effects outweigh the competition (or cannibalization) effects.
2.3.4 Regulatory approaches towards MVNOs differ quite substantially between

jurisdictions. While, for example, Ireland, Denmark and Hong Kong have
made specific regulatory provisions for MVNOs, several Nordic countries
require MNOs to provide network access in quite general terms. Other
countries such as the USA, the UK, Australia and New Zealand have no
access obligations. In Germany, MNOs are required by regulation to enter
into wholesale agreements with MVNOs (who basically act as resellers).
Differences in regulation also exist with respect to the MVNOs’ treatment.
For example, some jurisdictions that mandate MVNO access require
MVNOs to undertake some minimum investment into their own mobile
infrastructure while others have very little infrastructure requirements. The
advocates of regulated MVNO access argue that MVNOs may offer
innovative service bundles and also facilitate downstream innovations by
incumbent MNOs in response to an MVNOs market entry. One other view
is that new entrants slowly climb up a ladder of investment if they can
enter a market without burdensome investment requirements. Following
this line of reasoning, regulated MVNO access may spur investment by
new entrants. On the other hand, incumbents MNO’s investment
incentives are likely to decrease if they have to share their facilities with
competitors. Since forced access reduces the rents that an incumbent can
appropriate from its investment, the incentives to invest will decrease so
that mandated MVNO access may reduce investment by incumbent
operators.
2.3.4 When MVNO access is provided for by regulation, it is not surprising that
MVNOs have emerged as competitors in markets for mobile
May, 2008 14
communications services. However, even in the absence of mandatory

access provisions MVNOs have successfully entered the industry in many
jurisdictions. By now, MVNOs or similar business models exist in almost
all jurisdictions with liberalized mobile telecommunications markets.
2.3.5 At a minimum, the launch and operation of MVNO requires wholesale

agreement with MNO, start up capital and capital to cover operational
expenditure and consumer acquisition cost. If any of these requirements
proves to be a barrier to entry for new firms (MVNOs) attempting to enter
the mobile market, such barriers are required to be addressed.
2.3.6 Apart from the barriers for entry of the MVNOs, there is a also need to
analyze the exit barrier. The most important barrier to exit is posed by
“sunk” asset i.e. asset that lack alternative uses. Not being facility based,
MVNOs for the most part do not incur sunk cost or face exit barrier.
2.3.7 The MVNO business model deployed in different countries vary depending
on the local conditions and the regulatory regime. While some MVNOs
operate their own core network infrastructure including switching, Home
Location Register (HLR), billing, customer care, value added services
platforms and intelligent network systems, other MVNOs simply repackage
network operators’ services and issue their own SIM cards by relying
almost completely on the host network’s facilities with a little product
differentiation. Accordingly the three types of MVNO models have been
differentiated as:
• Full MVNOs, which provide their own network core including a Mobile
Switching Center (MSC);
May, 2008 15
• Intermediate MVNOs, which acquire a switched service, but either

provide their own home location register (HLR) or share a jointly
owned HLR with an MNO; and
• Thin MVNOs, which only provide additional applications and content

and which are not much different from pure resellers or service
providers. These thin MVNOs are also called Enhanced Service
Providers.
2.3.8 The borders between these three different types of MVNO are illustrated in
Figure 1 below.
Radio Mobile Network Application Billing Customer Distribution Marketing Sales

Access switching services Services Care &
centre Branding
MNO Full MVNO
MNO Intermediate/ Hybrid MVNO
MNO Thin MVNO/

Enhanced service provider
May, 2008 16
FIGURE - 1: MVNO Models
2.3.9 It may be argued that excessive regulation of MNOs may have detrimental
effect. These could include serious losses of allocated efficiency (by
distorting price cost relationship) and dynamic efficiency by discoursing
investment and innovation.
2.3.10 Based on these considerations it may also be seen whether there is any
need to mandate wholesale mobile access or regulate any other aspect of
MNO-MVNO relationship when concerns about market failure and
competition are not borne out. It may be argued that the existing
regulatory instruments of the Authority would be adequate to bring about
May, 2008 17
an orderly relationship and growth of MVNO in the market. Setting the

rules for MVNO would lead to regulating wholesale and retail market.
2.3.11 Wholesale network access and origination service provided by MNOs to

MVNOs appear to fall within the purview of “access and call origination on
public mobile telephone network for Significant Market Power (SMP)
assessment”. Thus in determining the regulatory framework for MVNOs it
is required to assess the level of competition in that particular market and
determine when any particular MNO or group of operators posses SMP.
2.3.12 Next, the overriding concern of policymakers in many jurisdictions that

leads them to contemplate requiring MNOs to provide mandatory
wholesale access to MVNOs is almost invariably one about the power of
the vertically integrated firm to exercise a price squeeze. Thus, if the
wholesale service sold by that integrated firm is an essential facility, and
retail competitors remain economically and technologically dependent on
that integrated firm for that service, regulators must take the danger of
price squeeze seriously. But, in such an environment, voluntary MNO-
MVNO relationship simply cannot emerge. Accordingly, the empirical fact
that such relationship are now widespread (including the linkup of certain
MVNOs with multiple MNOs) reassures us that the conditions under which
MNOs provide wholesale services to MVNOs are far from those that raise
the spectre of price squeeze.
2.3.13 Whether barriers to entry which a new entrant faces warrant regulatory
intervention depends on whether the network of MNO is considered to be
a showeable address. Market evidence in various countries indicates that
mobile service markets are sufficiently competitive – facilities are not
monopoly controlled and can be economically and technically duplicated.
May, 2008 18
2.3.14 As discussed, different regulatory models exist internationally for MVNO.

In one model the MNO is required to share some percentage of its
spectrum with MVNO. In some cases the sharing is mandated only for 3G
services. In another model, the opening of their network by MNO is on
voluntary basis and it is not mandated. There are cases where the MNO
find it difficult to fill its network with their own subscribers and hence are
eager to cooperate with MVNO. Details of the international scenario are
available in Chapter 4.
Issue 3: To what extent should the MVNO be permitted to set up their own
infrastructure?
Issue 4 (i): What Regulatory Model should be followed for MVNO in the
Indian context?
(ii): What kind of obligations may be imposed on MNOs so that

Mobile Virtual Network Operations are implemented effectively
in India benefiting the customers?
Please elaborate the comments with appropriate reasoning.
May, 2008 19
Chapter 3
Regulatory and Licensing Issues
3.1 Issue of License
3.1.1 As per the Section 4 of the Indian Telegraph Act, any entity providing a
telecom service would require a license/ authorization from the
Government for the same. As MVNOs would be providing telecom service
to the customers under its own brand which would be different from that of
MNO, a license would need to be issued to the MVNO under section 4 of
the Indian Telegraph act.
3.1.2 MVNO is basically reseller/subset of MNO. The range of MVNOs is really

wide, the simplest being an enhanced franchisee of MNO to the full MVNO
which is equivalent to the MNO itself with the only exception that the
spectrum is not allotted to the MVNO. Therefore, the regulatory and
licensing issues for MVNOs need to be discussed in view of the existing
licensing provisions for MNOs.
3.2 Eligibility Conditions
3.2.1 While prescribing the eligibility conditions for offering a telecom service,
the factors considered are prior experience of the company in offering
telecom service, the net worth and paid up capital of the company. These
conditions are to ensure that the licensee company is able to roll out the
network quickly and meet the roll out obligations. Also the company has to
have the financial strength to set up the network and run it. State of the
market conditions i.e. whether the market is opened up for the first time or
already there are number of players in the market and the size of the
May, 2008 20
market, are important while prescribing the eligibility conditions. Similarly

the number of licenses that would be granted is relevant.
3.2.2 Till the opening up of the sector in 1991, Department of Telecom (and
MTNL since 1986) was the only telecom service provider in the country
and no private company in India had the experience of telecom service
provision. When the access services (basic and cellular) services were
opened up in 1991, prior telecom experience was prescribed as eligibility
requirement. In Cellular, two licenses each in the four metro cities of Delhi,
Bombay, Calcutta and Chennai were given. This was followed in 1994 by
two cellular licenses in the other service areas of the country. The
experience criteria in the bid document read as follows:
“a) The bidder must have a subscriber base of not less than 100,000 (one
lakh) lines of cellular mobile telephone operations as on 1/1/1995 and
b) The bidder must have minimum 3 years experience of operating a

cellular telephones network as on 1/1/1995.
For the purpose of eligibility with regard to experience, the experience of

the promoter company which has an equity participation of 10% or more
and which is a network operator of a cellular mobile network will also be
added to the experience of the bidder company.”
The third cellular license was issued to MTNL/BSNL. Subsequently when

the fourth cellular licenses were issued in 2001, the requirement of
telecom experience was diluted and the bid document read as follows:
“The constituent(s) having at least 30% of total equity in the applicant

company must have an experience of telecom sector and proofs thereof
shall be attached with the bid.”
May, 2008 21
In the year 2003 when the access services sector was opened for free
competition (Unified Access Services License) the telecom experience
was not prescribed as eligibility criteria for getting the license.
3.2.3 In the case of MVNOs the international scenario shows that while some
MVNOs are from the telecom industry there are many who have no prior
connection with the telecom industry. The Company may use its strong
brand name in another area such as sports, entertainment etc to address
niche markets. Also the company with large retail networks may leverage
it for extending telecom services.
3.2.4 In the case of UAS licenses there is requirement of minimum net worth and
paid up equity capital for each service area. The requirements service
area wise is given in Annexure II. These requirements were finalized
taking into account the business potential of the service area i.e. the
amount of investment that would be required to be made to set up the
telecom network in the service area and meet the roll out obligations. The
gist of eligibility conditions for UAS license is given in Annexure V.
3.2.5 The MVNOs may not be offering service in entire service area of the MNO.
For promoting the MVNOs an enabling regime should be there. The entry
barrier should not be such that the genuine MNVOs are not able to make
it. At the same time there should be some provision so as to encourage
only serious players.
3.2.6 In some countries where MNO is not mandated to share their network, the
MVNO, besides meeting the eligibility conditions has also to conclude a
commercial agreement with MNO before they can apply for a license.
This is to ensure that MVNO is able to commence operations once license
is issued.
May, 2008 22
Issue 5: What should be the eligibility criteria for MVNO?
Issue 6: Do you suggest different eligibility criteria for different MVNO

models and regulatory frameworks? If Yes, Please suggest with
justification thereof.
3.3 Scope of Service of MVNO
3.3.1 The Scope of service of MNO is given in Annexure V.
3.3.2 Generally MVNOs buy network capacity from a MNO to be able to provide
a full portfolio of mobile services for their own subscribers. The
arrangement involves selling of airtime to MVNOs by MNOs. Many
business models have evolved, from simple resellers and niche providers
to advanced value added MVNOs.
3.3.3 Based on the possible business strategies the MVNOs could be

categorized into following groups:10
· low price
· narrow focus
· service differentiation
· international clustering
3.3.4 In case the MVNO business strategy is based on offering services with low
price, the main competitive advantage must be the ability to keep costs
low. All the operations of the company must be aligned to meet this target.
The service portfolio is narrow including only the basic services for the
selected, rather large customer groups. A low organizational structure, a
large customer potential, and a short reaction time to changes in the
market are benefits for the MVNOs following the ‘price leader’ strategy.
May, 2008 23
However, in order to survive with this strategy choice, a large customer

base is required because of the small profit margins. Also the amount of
resources for new service development is minimal and tradeoffs are
needed to be able to provide the most cost-effective services. Service
platforms and roaming contracts are usually not handled by the price
leader itself but by the MNO. One major challenge for a low price MVNO is
the cost level of its MNO contract.
3.3.5 MVNOs that select to focus on one customer segment typically cannot
achieve business volumes big enough to justify investments on own
service platforms. Tailored marketing and customer care for the chosen
segment allows setting the expected ARPU high. Strategic alignment
between the partnering MNO and MVNO is typically good since a large
MNO cannot easily focus on small niche segments. This MVNO strategy is
suggested by many.
3.3.6 An MVNO can also choose to offer differentiated, value added services for
demanding customers. Here the service mix should be rather large to
attract (especially business) customers. One possibility is to offer bundled
services based on the company’s earlier core competence (e.g. fixed and
mobile subscriptions, office solutions). These ‘service leaders’ might also
have multiple target segments that use the same services with different,
customized content. While competing with differentiated services, an
MVNO has the potential to gain a rather high ARPU. Also the ability to
develop new services independently (or in cooperation with partners) for
the dynamic needs of the customers is an advantage. A major problem
with this strategy has been the absence of profitable business models:
users are not willing enough to pay extra for the value-added services
(only some service concepts, like voice mail and ring tones, have been
successful).
May, 2008 24
3.3.7 Global and regional MNOs can select to enter a new country as an MVNO
instead of investing in or acquiring a local MNO. This international
clustering approach enables a fast initial service roll-out if the foreign MNO
can use their existing service machinery located outside of the target
market, as well as their existing service portfolios. As a drawback the
foreign MNO entering as an MVNO has to start from a zero market share.
3.3.8 From the above discussions it emerges that the scope of service of MVNO
and MNO have certain commonality, if not the same. The difference is
mainly in the different business strategies that the MVNOs use for offering
the same service and in some cases with some value added features.
3.4 Number of MVNOs
3.4.1 Since introduction of Unified Access license in 2003, there is no limit on

the number of licenses. The licensees can offer both wire line (fixed) and
wireless services. In short there is free competition in the Access services
and there is no cap on the number of licensees.
3.4.2 MVNOs, as we have discussed, may focus only on a particular segment of

subscribers or particular area. The number of MVNOs attached to a MNO
would get limited by the spectrum available with the MNO. The issue for
consideration is whether any limit should be placed on the number of
MVNOs in a service area.
Issue 7: Should there be any restriction on the number of MVNOs attached

to an MNO? Please elaborate the comments with appropriate reasoning.
May, 2008 25
3.5 Spectrum Sharing
3.5.1 MVNOs do not have any separate assignment of spectrum by the licensor.
MVNOs share the spectrum of the parent MNO. So introduction of MVNO
envisages spectrum sharing. In India, unlike in many other countries, the
spectrum has not been auctioned so far. The access service licensees
(UAS/CMTS) are eligible for start up spectrum for 2G services as part of
their license. The start up (initial) spectrum is allotted to the licensees
depending upon availability. Further allotment of spectrum (2G) is based
on the number of subscribers (subscriber linked criteria) and availability of
spectrum. For usage of spectrum the access service providers pay an
annual spectrum charge which is a percentage of Adjusted Gross
Revenue (AGR). The details of the spectrum allotted to mobile service
providers are at Annexure IV. The annual spectrum usage charge is
available in Annexure III. In the European countries and USA where
MVNO has been permitted, the access providers have got the spectrum
through auction. The Government of India has decided to auction the
spectrum for 3G and Broadband Wireless Access (BWA). This will result
in a situation where some of the MNOs would have spectrum only in 2G
band whereas others would have part of their spectrum allotted to them as
part of the license in 2G band and remaining acquired through the process
of auction (3G and BWA). The MVNO could be sharing the spectrum in
2G, 3G and BWA bands.
Issue 8: What should be the commercial model/framework for spectrum

sharing by MVNO; w.r.t. (i) Department of Telecom and (ii) MNO?
3.6 Service Obligations of MVNO
3.6.1 MVNO being a reseller of MNO, some of the service obligations of MNO’s
may get passed on to the MVNO. The service obligations will be different
May, 2008 26
depending upon the nature of infrastructure set up by MVNO. The service

obligations of MNO are billing, customer care, national security
requirements, quality of service, access to emergency services, subscriber
verification, directory services, number portability, controlling of unsolicited
commercial communications and tariff.
3.6.2 Irrespective of the type of MVNO, three basic activities that are generally
taken up by the MVNOs are:
• Customer acquisition (subscriber verification)

• Customer management (Customer care, billing, tariff, controlling
unsolicited communications) and
• Service provisioning
3.6.3 Once the customer belongs to MVNO, it is for consideration whether all
service obligations related to customer acquisition and management
becomes the responsibility of the MVNO. As we progress from thin MVNO
to full MVNO, the service obligations would also increase.
Issue 9: What should be the service obligations of MVNO? Please list them
with justification thereof.
3.7 Licensed Service Area
3.7.1 MVNO may be a simple reseller of the MNO in a particular service area.
An MVNO may like to offer service in multiple service areas of MNO. It is
also possible that a particular MVNO may tie up with different MNO in
different service area. Spectrum is allotted to the MNO for usage within its
service area. Considering all the technical and regulatory aspects the
service area of MVNO should be same as that of parent MNO, requiring
separate licenses for different service areas.
May, 2008 27
3.8 Entry fees
3.8.1 Two types of payments are associated with acquiring a telecom license –
entry fee and annual license fee. The MNOs are required to pay an entry
fee. This varies with the service area. The fourth cellular license was
auctioned in all the service areas in 2001. The entry fee for each service
area is equivalent to the entry fee paid during the fourth cellular license
auction. The entry fee for the different service areas is given in the
Annexure II. The MNO is issued UAS license after payment of the entry
fees. UAS licensees are eligible for allotment of initial spectrum in 2G,
depending upon availability and subsequent 2G spectrum based on
subscriber linked criteria and availability of spectrum.
3.8.2 MVNO does not have any spectrum assigned to it. In the present scheme
of things MNOs can appoint franchisees. Even the simplest MVNOs are
more than franchisee as they sell the service in their brand name and also
they can do service differentiation. The mobile market in India is highly
competitive. The quantum of entry fee should be such so as to discourage
non serious players.
Issue 10. What should be the method and consideration for determining the
entry fee for MVNO?
3.9 Annual License Fees
3.9.1 The services offered by MNO and MVNO are similar in nature, if not the
same. It is important that the revenues accruing to the Government should
not get reduced due to accounting juggleries and cross-booking of
revenues between MVNOs and MNOs. Therefore, it is logical that the
May, 2008 28
annual license fees for MVNO should be the same as for categories of A,
B & C Circles with a minimum prescribed license fee.
3.9.2 The MNO pay an annual license fee 6% or 8% or 10% of the Adjusted
Gross Revenue (AGR) depending upon the service area (refer Annexure
II). Out of this 5% is towards the Universal Access levy. Broadly the
license conditions provide for arriving at the AGR after deducting from the
gross revenue, PSTN related call charges paid to other access service
providers/ roaming charges and service tax/ sales tax paid to the
Government (if the gross revenue includes that component).
Issue 11. What should be the definition of AGR for MVNOs?
3.10 Allocation of Numbers and Number Portability.
3.10.1 After spectrum, number is a finite resource used by Access Service

providers. In some countries the service providers are charged for the
number blocks allotted to them. In India the numbers are allotted as per
the National Numbering Plan to the Access Service providers according to
their subscriber base. There are no separate charges for the same.
3.10.2 The MVNO may have to give separate numbers to its subscribers. The
issue is whether the number blocks should be directly allotted to the
MVNO or the MVNO should get the same from MNO.
3.10.3 The MVNO operate under certain commercial agreement with MNO,
which also include clauses for exit from such agreements. Therefore, the
number allocation issue is very important. The introduction of number
portability would also have an impact on the policy for number allocation to
MVNO. The allottee of the numbers i.e, MNO have the responsibility of
number portability also. There are on an average 10 to 12 service
May, 2008 29
providers licensed in every service area. Under the present National

Numbering Plan difficulties are being experienced to manage the large
number of service providers in the 23 service areas and TEC is working
on a new numbering plan. Further if MVNOs become separate entities for
number allocation, the number of entities interacting with the centralized
data base for number portability will increase. This would increase the
complexity of the number portability system. In view of the factors
discussed above, the MVNOs should necessarily use the numbers
allocated to the MNO.
3.11 Failure of Agreement between MVNO and MNO
3.11.1 Every MVNO will have to have an agreement with a parent MNO for its
operations. In countries where the MNO is mandated to share some of its
spectrum with the MVNO and if MVNO and MNO are not successful in
coming to an agreement either party can request for regulatory
intervention. Where it is not mandated that MNO should share the
spectrum with the MVNO, the finalization of the agreement is left to mutual
negotiations. The agreement needs approval of the regulator in some
countries.
3.11.2 It is possible that a dispute can arise between the MNO and MVNO at a
later date. In such a case there is a need to protect the subscribers who
are being served by the MVNO. Introduction of suitable clause in the
agreement between MNO and MVNO may have to be mandated for
safeguarding the subscribers in the event of failure of the agreement.
Issue 12: What is the best way to protect the subscribers both in terms of
continuity of service and applicability of tariff plan:
i) in case of a dispute between MVNO and MNO?
ii) in case MVNO wants to exit the business.
May, 2008 30
3.12 Roll out Obligations
3.12.1 In the license issued to MNO certain roll out obligations are specified. The
roll out obligations are in the nature of coverage of the service area. Any
delay in fulfilling the obligations attract liquidated damages. A gist of the
roll out obligations and liquidated damages is given in Annexure V.
3.12.2 There are some Access Service providers who have already fulfilled their
roll out obligations while some others have been issued licenses or
allotted spectrum recently and are in the process of rolling out their
networks.
3.12.3 The issue under discussion here is whether there should be any roll out
obligation specified for the MVNO. There could be MVNOs that would like
to cater to niche areas. One of the objectives in having MVNOs is to
extend service to niche areas where MNO is not interested in providing
service. Prescribing roll out obligations may discourage prospective
MVNOs.
Issue 13: Should there be any roll out obligations specified for MVNO? If
yes, what should be the penal provisions for failure/ delay in fulfilling the
obligations.
3.13 Mergers and Acquisitions:
3.13.1 The mergers and acquisitions of MNOs are subject to certain conditions
outlined in the guidelines of DoT. Salient points of the guidelines are
given in Annexure V. The basic objective of these guidelines is to
ensure that the competition in the market is not compromised due to the
merger and prevent trading of licenses. The mobile market in India is
highly competitive with about 10 to 12 MNOs in each service area. The
May, 2008 31
presence of MVNOs is likely to enhance the competition. The various

issues/aspects on mergers and acquisitions were examined in detail in
the Consultation Paper of the Authority on “Review of Terms and
Conditions and Capping of number of access providers” dated 12th June
2007. The response of the stakeholders and their analysis are available
in the Recommendations of the Authority on the same subject dated 28th
August 2007.
3.13.2 The possible situations are merger of two MVNOs within the same
service area and merger of MVNO and MNO within the same service
area. One possible argument could be that since MVNOs do not have
any assignment of spectrum, the mergers of MVNOs may not have any
adverse effect in the competition.
Issue 14: What shall be the specific guidelines on the Mergers and
Acquisitions of MVNO? Please elaborate the comments with appropriate
reasoning.
3.14 Substantial Equity
3.14.1 The MNOs cannot hold more than 10% equity in any other MNO in the
same service area. The relevant clause in the license agreement is
given in Annexure V. This is to ensure that one MNO does not directly
or indirectly control other MNOs in the same service area. This will
adversely affect the competition.
3.14.2 It is possible that the MNO in a service area has substantial equity
participation in an MVNO in its own service area which is parented to
another MNO. Here one could argue that the MNO is indirectly providing
services of another MNO in the same service area and resulting in a
May, 2008 32
similar situation of having control of two MNOs. In such a situation the

restriction on substantial equity may be relevant.
3.14.3 The promoters of one MVNO may have equity participation in other
MVNOs in the same service area. Since the MVNOs do not have any
assignment of spectrum such cross holdings between MVNOs is less
likely to have any major impact on the competition.
Issue 15: Should there be any restriction on cross holdings between two
MVNOs and between MVNO and an MNO in a service area? Please
comment on the nature and scale of restructuring.
3.15 Foreign Direct Investment (FDI)
3.15.1 The level of FDI permitted in MVNO varies with the Regulatory Regime
in different countries. In India 74% FDI is permitted for the MNO. The
details are available at Annexure V.
3.15.2 Telecom infrastructure is a vital national infrastructure of any country.

When the telecom sector was liberalized, the maximum permitted FDI
was limited to 49% due to security concerns. In 2005 the FDI limit was
enhanced to 74% to bring in more foreign investment. The security
concerns were addressed through various conditions in the license
agreement regarding appointment of foreign directors in the board,
restrictions on remote control of the network etc. Today up to 49% FDI is
through automatic route and beyond 49% up to 74% requires prior FIPB
approval.
3.15.3 The options of FDI limit in MVNOs are to permit FDI up to 49% or 74% or
100%. Permitting different levels of FDI for facility based MVNO and non
facility based MVNO is another option. It is worthwhile to mention here
May, 2008 33
that initially when Internet services were opened up in 1998, 100% FDI
was permitted. Later to harmonize the FDI limit for various services in
telecom sector in view of convergence of different services, this was
revised to 74%.
Issue 16: What should be the FDI limit for MVNO?
3.16 Bank Guarantees
3.16.1 The MNOs have to submit both financial and performance bank
guarantees. The amount varies depending upon the service area. The
details are given in the Annexure V.
3.16.2 The financial bank guarantee acts as a financial back up for any default in
the payment of the license fees. The license fees are to be paid quarterly
by the MNOs and the amount of financial bank guarantee is kept
equivalent to license fee of two quarters. Similarly the performance bank
guarantee is to ensure that the company does not default any license
condition including the roll out obligations. This acts as a financial
disincentive for non performance. It is also to be mentioned that
providing bank guarantees add to the cost of operation of the company.
More of it would act as a disincentive for new MVNOs. There is a need
to strike a right balance.
Issue 17: What should be the quantum of FBG and PBG for MVNO?
3.17 Quality of Service
3.17.1 The Authority has issued comprehensive regulations on the Quality of

Service. Generally the MVNOs are responsible for customer acquisition,
billing and customer care. The services are offered by MVNO through an
May, 2008 34
agreement with a parent MNO. However, as far as the subscribers are

concerned MVNO is the service provider who is offering the service
under its own brand and thus, becomes accountable for ensuring the
Quality of Service to its subscribers. It is very important to ensure that
Quality of Service to customer is not compromised. In order to achieve
this the MVNO may have certain service level agreements (SLA) with
the parent MNO. The ultimate responsibility of the Quality of Service to
its subscribers will have to remain with the MVNO.
3.18 Branding
3.18.1 The key strength of many MVNOs is its brand name. Companies who
have no prior connection with the telecom industry, for example an
airline or popular beverage or entertainment company etc., may leverage
its popularity and brand appeal with certain segments of population to
co-brand telecom services. As such there is no restriction on MNOs on
usage of brand names. MVNOs also sell SIM under their brand name.
3.19 Duration and conditions governing termination/suspension/

revocation of license.
3.19.1 The relationship between MNO and MVNO is like that of a principal and
its agent in the limited sense of tenure of license. So the license of an
MVNO will have to be co-terminus with the license of its parent MNO. In
such a case the terms of license of MVNO may get limited to the validity
of the license of the parent MNO. Similarly, if due to some reason the
license of parent MNO is terminated the MVNO license cannot exist.
May, 2008 35
3.20 Interconnection and Roaming
3.20.1 MVNO would have an agreement with the MNO for carriage of all the
calls which are originated by its subscribers and for terminating the calls
to its subscribers. It is better for MVNOs to operate using the
interconnection and roaming arrangements of its parent MNO.
3.21 Tariff
3.21.1 The low or diverse tariff packages are the key factors for the success of
MVNO in most of the countries. In other words tariff is a key Item that
MVNO concentrate to build their business case. The parent MNO who
sells bulk minutes of usage to the MVNO has nothing to do with the retail
tariff offered by MVNO to its subscribers. MVNO being directly
responsible for the tariff related matters, MVNOs should independently
comply with the applicable tariff related requirements.
3.22 Customer Acquisition and Care
3.22.1 Customer acquisition, customer management and service provisioning

are the three activities which will be undertaken generally by all MVNOs.
The MVNOs would be acquiring the customers/subscribers directly and
billing them. So for all practical purposes they become the subscribers of
MVNO. This being the case, the MVNO should comply with the
requirements of customer acquisition including subscriber verification.
They may have to establish their own customer care centers to cater for
its own subscriber complaints and related issues.
May, 2008 36
3.23 Technical Conditions
3.23.1 Telecommunications is basically a networked service where the

equipment used by different service providers have to inter-work in a
seamless manner. This is possible only if the equipment used by the
different service providers conform to certain prescribed technical
standards. In India these technical standards are prescribed by Telecom
Engineering Center (TEC). The facility based MVNOs who set up their
own infrastructure have to ensure that the equipment that they use
complies with the prescribed standards.
3.24 National Security
3.24.1 The MVNO should comply with all the requirement of National Security.
This could vary depending upon the infrastructure set up by the MVNO.
It could be specified by DoT in consultation with National Security
Agencies.
Issue 18: Any other relevant issue you would like to suggest/comment
upon.
May, 2008 37
Chapter 4
International Experience
1. Hong Kong
1.1 There are about 7 MVNOs operating in Hong Kong. The first MVNO was
launched in the year 2001. Hong Kong is the highest MVNO penetrated
Asian market with 7,20,000 customers, nearly 7.5% market penetration. In
Hong Kong, the regulator requires 3G networks to reserve 30% of their
capacity for MVNO use12.
1.2 The Mobile Virtual Network Operator (MVNO) Services are operating under
public telecommunications services licensed under the Public Non-
Exclusive Telecommunications Service (PNETS) license13, the list of all the
services include:-
International Value-Added Network Services (IVANS) or Internet
Access Services
External Telecommunications Services (ETS)
Mobile Virtual Network Operator (MVNO) Services
Radio distribution systems for cellular services operated within
premises of the landowners or operators
1.3 The applicant for a PNETS licence should be a company registered under
the Companies Ordinance in Hong Kong, but there is no foreign ownership
restriction on the licensee. If the applicant is a company incorporated in
Overseas, the Telecommunications Authority (TA) may consider its
application provided that it has registered under the Companies Ordinance
as an overseas company. Generally, there is no restriction on the number of
12
http://www.netlab.hut.fi/tutkimus/l9ead/leaddocs/KiiskiHammainen_MVNO.pdf
13
Guidelines for application of PNETS licenses, Hong Kong
May, 2008 38
licences granted for the PNETS licence and the TA is prepared to consider
new applications at any time.
1.4 The licensee shall comply with any code of practice concerning technical
configuration and operation of the service that may be issued by the TA
from time to time.
1.5 MVNO Rights with respect to numbering arrangements:-

It will be allocated its own number set under the
telecommunications numbering plan; and
it may be allocated a Mobile Network Code.
1.6 Obligations with respect to numbering requirements:-

the MVNO shall conform to the TA’s telecommunications
numbering plan;
the MVNO shall facilitate mobile number portability; and
the MVNO shall provide emergency services to its customers.
1.7 Under the PNETS licence, the MVNO shall fulfil the following general
obligations:-
the MVNO shall provide customer statistics to the TA;
the MVNO shall be subject to payment of licence fees; and
the MVNO will be required to pay the same interconnection charges
as a mobile network operator (MNO) for interconnection with fixed
networks.
1.8 MVNO for Third-Generation (3G) Services:
1.8.1 The MNO is obliged to open 30% of its network capacity to MVNOs who
are not affiliated to any MNOs. In order for an MVNO to be qualified for
the TA’s regulatory support on its access to the MNO’s network, the
May, 2008 39
MVNO is required to meet the following minimum requirements on

network operation and infrastructure:-
provide its own mobile switching and gateway infrastructure for
circuit and/or
packet switched traffic;
enter into its own interconnection and roaming agreements;
provide its own business support systems, such as billing and
customer care;
maintain its own Home Location Register of customers (or
equivalent functionality);
satisfy requirements for call control as required by the TA and
normally associated with a telecommunications operator; and
issue its own SIM cards.
The TA will have regard to certain criteria when determining whether or
not it will offer regulatory support to an MVNO. The criteria for, and the
terms of, the TA's intervention are set out in the guidelines.
1.9 In the event that a non-affiliated MVNO and a MNO cannot agree with each
other on the terms of interconnection, either of them may call upon the TA to
intervene in the dispute and to determine the terms of interconnection. If an
MVNO makes a request for a determination, the TA is unlikely to intervene
if:-
the MVNO is affiliated to the MNO or to any other MNO;
the MVNO already has access to the network capacity of any other
MNO's network (as defined in the mobile carrier licence) equivalent
to 30% or more of the network capacity of the network to which the
MVNO is seeking access. If the TA receives a request for access to
a network from an MVNO that already has access to another
network, the TA will take into account the extent to which the
MVNO already benefits from the open network access framework
May, 2008 40
and such other factors as he may consider relevant such as the

market position of the MVNO;
the MVNO does not satisfy the minimum infrastructure
requirements or
the relevant MNO has reached its 30% open network access
requirement.
2. JAPAN
2.1 In Japan, the first MVNO started its operations in Oct. 2001
2.2 Japan Communication Inc (the first MVNO in Japan) gained a profit in fiscal
year 2002 for the first time since its establishment, gave the positive
prospect among potential MVNOs.
2.3 One of the network, Personal Handy-phone System (PHS) network is utilized
by the MVNOs in Japan.
2.4 For encouraging MVNO business, Japanese government had set up the
guidelines for MVNO in June 2002.
2.5 MVNOs have made the internet connection seamless by combining wireless
LAN network with PHS network. Such service was launched in the market
by several MVNOs in year 2003. This type of service is the main stream of
MVNO business.
May, 2008 41
3. Netherlands
3.1 The Mobile Virtual Network market in the Netherlands is among the most
active in the world. New entrants have attracted many customers by offering
significantly lower international calling rates.
3.2 The MVNO market in the Netherlands currently counts around 39 Virtual
Operators. The majority of the new entrants are focussing on the low-cost
segment.
3.3 The players in the Dutch MVNO market can be segmented into different
categories. Retail chains, charity organisations, fixed-line telecom operators
and calling card companies have entered the market to broaden their
service portfolio, offer attractive international calling rates or increase the
customer loyalty. These new entrants have changed the telecom landscape
by pushing the operators to the role of network providers. MVNOs have
appeal because they target a specific market segment with needs which
they know best to answer.
3.4 Operators that are currently cooperating with MVNOs are those who
struggled to fill its network with their own subscribers. They are eager to
cooperate since they only have to lease network capacity and can profit
from the success of the new entrant without costly investments.
4. Finland
4.1 In Finland, most of the MVNOs have adopted the strategy of competing with
price rather than services.
4.2 In addition, also the competition has long roots in the Finnish
telecommunications market because of the numerous local telephone
May, 2008 42
operators and the competition between public and private telephone

operator families. The Finnish MVNO market is interesting due to the
presence of a large number of diverse MVNOs.
4.3 Changes in regulation have made the market easily accessible for MVNOs.
The most effective trigger for MVNOs to start their operations, however, was
the requirement to enable mobile number portability (MNP) between mobile
network operators in July 2003.
4.4 One of the MVNO has combined three strategies of the model: it offers the
low price services directly to its customers, provide differentiation with
content services, and resell their network capacity to focused brand
operators.
4.5 After the entrance of MVNOs, all the three incumbent MNOs have had to
lower their prices and subsidize their subscriptions with free air time and
goods.
5. United Kingdom
5.1 The UK operators opened their networks to MVNOs entirely voluntarily, with
no regulatory intervention sought or required. The first operator which
started its operation in UK in 1999, is one of the successful global MVNO. It
gained 8% plus market share (>4 million) customers in five years. Around
25 MVNOs are functional in UK.
5.2 The process for establishing an MVNO depends on what services the MNO
is supplying to the MVNO and is a commercial matter between those two
parties. There are no specific MVNO-related Ofcom specific telecom
regulatory requirements beyond those in the published General Conditions
of Entitlement on their website.
May, 2008 43
5.3 Ofcom does not require notification before electronic communications

networks and services can be operated in the UK.
5.4 MVNOs, which offer retail mobile services by leasing network capacity from
operators, now account for over 5.5 million subscriptions in the UK.
5.5 Most MVNOs’ financial strategies have largely been dictated by cost
structure. The two significant advantages for MVNOs are:
• significantly lower levels of capital expenditure; and
• much shorter time taken to reach positive cash flow than a network operator.
5.6 MVNOs pay out a large proportion of their revenues in fixed agreement
wholesale fees to network operators, their operating margins are far lower
than those of MNOs. This results in a significant financial risk to the MVNO
business model.
6. USA
6.1 As wireless services expand their stronghold in the United States, service
providers are diversifying into wireless data and other differentiator services.
Besides offering attractive value-added multimedia services and content,
MVNOs also deliver solutions to expand the existing customer reach of
MNOs.
6.2 US markets has about 60 MVNOs operating since 2002. These MVNOs
created unique new services & packages and targeted unserved market
niches. Rather than dividing the existing market into smaller segments at
lower price points, they grew the market, increased content, and arguably
raised price points by delivering services that customers wanted to buy – or
buy more of.
May, 2008 44
6.3 MVNOs are also required to register with the FCC and the Universal Service
Administrative Company (USAC) by filing a signed copy of certain pages of
FCC Form 499-A with USAC14
6.4 In USA, the FCC has for several years required that networks deal on a
non-discriminatory basis with re-sellers, including, by the FCC definition,
MVNOs. Although this position opens the market to MVNOs, it does mean
that they will be dealt with in the same way as resellers. The fact that they
will be unable to reach wholesale pricing arrangements that discriminate
them from resellers will make it more difficult for them to differentiate
themselves from the competition.
7. Pakistan
7.1 Pakistan Telecom Authority (PTA) defines MVNO15 as an operator that does
not own spectrum but has commercial arrangements with conventional
MNOs to buy minutes of use (MoU) for sale to its own customers. Pakistan
has started issuing MVNO Licenses from May 2007.
7.2 A few points from the framework:

PTA will oversee and approve the MVNO agreements and
breakups.
PTA shall allocate separate number blocks to MNOs for use by its
MVNO partner.
MVNOs cannot sign separate roaming agreements with operators
other than the parent network operator.
MVNOs will contribute to universal service fund and research &
development fund, among other fees.
14
MVNO licensing and regulation - Entering the Regulated Market of Wireless Resale
(http://www.tkcrowe.com/mvno_licensing.html)
15
Consultation paper on MVNO framework by PTA
May, 2008 45
7.3 PTA has kept the barrier to entry (fees, conditions etc) for MVNOs fairly low.
Mobile operators are also permitted to support MVNO services. Only a
company registered with Securities and Exchange Commission of Pakistan
(SECP) is allowed to provide MVNO service. The MNO that make
commercial agreement for MVNO operation in Pakistan have to submit the
same to the Authority for approval prior to giving effect to this agreement. In
addition to the commercial agreement, MVNO also submit application to the
Authority for the award of MVNO Class License.
7.4 The MVNO Class License is issued for a period of agreement between MNO
and MVNO or a valid term of his parent MNO or which ever is smaller. If the
Authority for any valid reason terminates the license of Parent MNO, then
the concerned MVNO class license shall automatically stand terminated.
7.5 This Framework may be reviewed by the Authority, form time deems it fit or
circumstances so require.
8. Singapore
8.1 The first Asian MVNO was launched in Singapore in 2001.
8.2 In Singapore, the MVNO must use part of the networks of the MNOs
licensed by Infocomm Development Authority (IDA) under the Facilities-
Based Operations Licence to originate and deliver its customers’ calls. The
MVNO must pay the licensed MNO for the use of network and or the
essential radio segment of the networks16.
16
Proposed regulatory approach for 3G MVNOs
(http://www.ida.gov.sg/doc/Policies%20and%20Regulation/Policies_and_Regulation_Level2/MV
NOs/MVNO_Consultation_Paper.pdf)
May, 2008 46
8.3 MVNOs must commercially negotiate for access to 3G networks. IDA will,
however, intervene in cases of unduly restrictive or anti-competitive
practices in accordance with the relevant provisions of the Telecom
Competition Code.
8.4 The regulatory approach for 2G and 3G MVNO follows the following
consistent regulatory principles:
Primarily reliance on market forces in competitive markets to
promote and deliver consumer welfare.
Regulatory intervention only where there is market failure and to
the extent necessary to remedy that market failure.
8.5 All Facilities Based Operators (FBO) and Service Based Operators (SBO)
MVNO licensees are required to implement and support number portability.
8.6 One of the UK’s mobile providers attempted to enter the market as an
MVNO in 2001. However, due to a low take-up of its services, it ended its
venture within a year.
9. France
9.1 In France around 10 MVNOs are operating. The French operators have
succeeded in preserving their dominance by signing up MVNOs on their
own terms. The MVNOs have captured nearly 2.8 percent of the total
French mobile market by 31st Dec 2006. The MVNOs’ poor market share
since launch has in part been driven by factors such as complex number
portability arrangements, and lengthy subscriber contracts which discourage
churn. There are also substantial differences in wholesale pricing by the
operators – particularly when compared to the UK where rates are
reportedly much lower. MVNOs face a difficult challenge in adding
subscribers. The incumbents rely heavily on 24 month lock-in contracts,
decreasing the incentive for subscribers to switch operator midway. Coupled
May, 2008 47
with the difficulty in porting numbers, it could be construed as a strategic

deterrent for MVNOs in the market. Most MVNOs offer prepaid services,
promoting prepaid as a complement rather than a substitute to post-paid
services.
10. Malaysia
10.1 In Malaysia, 4 MVNOs are providing their services.
10.2 Malaysian Regulator, Malaysian Communications & Multimedia Commission

(MCMC), in its guidelines17 has identified four prevalent business models
and the characteristics of each of these business models and the
corresponding licensing requirements are as detailed below:
Source Telekom Malaysia Berhad’s detailed business plan
17
Guidelines on regulatory framework for 3G MVNO – 16th Feb’05 by MCMC
May, 2008 48
10.3 The actual licensing requirement of MVNOs are ascertained by the MCMC
upon assessment of the applications vis-à-vis the CMA and the relevant
subsidiary legislations on a case to case basis.
10.4 As the MVNOs are largely dependent on MNOs to enter the market and
compete effectively, the key factor that ensures sustainability of MVNOs is
the terms and conditions of access to the radio network as well as other
incidental facilities and services required to provide services to end users.
The MCMC intervenes if it is satisfied that such intervention is necessary to
ensure long term benefits to end users and growth in the industry.
10.5 The MCMC allocates a specific block of numbers for mobile virtual network
operators who wish to establish their own brand names. These numbers will
be assigned for use with network services and application services provided
by Network Service Providers and / or Application Service Providers who
operate their own home location registers and billing systems.
11. Germany
11.1 There are four network operators in the German mobile market. Germany
has one of Europe's most advanced and leading MVNO markets. Germany
has around 29 MVNOs operational. The emergence of MVNOs has boosted
competition in the German mobile market, bringing down the cost of mobile
calls and increasing the level of fixed-to-mobile substitution. The country's
mobile operators tapped into the value-added mobile data services' revenue
streams, and lined up portfolios of data-centric multimedia services,
including mobile music downloads, gaming and TV streaming.
11.2 The proliferation of MVNOs following the introduction of mobile number

portability on 1 November 2002 has boosted competition on the fast-paced
May, 2008 49
German mobile market18. The mobile operators and service providers have
been lining up an array of attractive offerings to win customers.
12. Australia
12.1 In Australia, there are a relatively large number of MVNOs, around 22 in

number, operating since 2000, yet it is far from having fully capitalized on
the MVNO Market opportunities. These opportunities are present now due
to the reduction in entry barriers, the segmentation of the market, fixed-to-
mobile substitution and commoditization of voice and text services through
‘capped’ tariff plans.
13. Ireland
13.1 Ireland has offered incentives to encourage bidders for 3G licenses to

voluntarily commit to providing access to MVNOs.
14. Italy
14.1 Italy stands out in Europe as a significant country where the regulator has
determined that network operators do not have to open their networks to
MVNOs on request. The Italian regulator Agcom has decreed that the
network operators should be afforded a level of protection to develop their
3G businesses, in a decision that was upheld by the EU in December 2005.
18
http://www.globalinsight.com/SDA/SDADetail7263.htm
May, 2008 50
15. Latin America
15.1 In Latin America19 MVNOs are finding it tough to set up and get established.
Here, the average mobile penetration is approx. 60% and 80% of
subscribers are prepaid. Yet, the number of MVNO subscribers in relation to
total mobile telephony subscribers is minimal in Latin America, than it is in
other parts of the world. Latin Americans are low spenders on mobile
service with ARPU of approx. US $15/month.
15.2 Latin America is far behind the Europe and US in implementation of number
portability regulations, which is essential to create a competitive
environment in which an MVNO can work. At present, Panama and Puerto
Rico are the only countries in Latin America and the Caribbean to have
number portability in place.
15.3 Regulators here, are generally in favor of MVNOs because of their positive
effects on competition, but they tend not to get involved in MVNO-MNO
negotiations for the sale of minutes, as they see it as a purely commercial
affair.
15.4 The trend towards convergence and quadruple services is expected to be

the main motivation for setting up an MVNO in Latin America.
15.5 Specific examples of some countries in this region are as follows:
• Chile
In Chile, the telecom regulator awarded 10 MVNO licenses last year, many have
encountered difficulties in negotiations with network operators (MNOs) and to date
no MVNO has yet started.
19
MVNO growth in Latin America – Business News Americas
May, 2008 51
• Mexico
Mexico’s telecom regulator, Cofetel introduced a regulation in 2005, allowing the

entrance of national and long distance prepaid minute resellers. The regulator also
approves requests for reselling telecoms services of all types. Here resellers are
offering new services and targeting niches the MNOs are overlooking. MVNO
licenses are expected to be granted in the first half of 2008.
• Uruguay
Uruguayan MVNO startup company specializes in pre-paid recharging and m-

commerce technology. It has gained distribution and prepaid billing assistance
through association with parent company.
May, 2008 52
List of MNO / MVNO in different countries
Sl.No. Country Number of Number of

MNO MVNO
1 Australia 4 22
2 Denmark 4 16
3 Finland 4 9
4 France 4 10
5 Germany 4 29
6 Hong Kong 5 7
7 Ireland 3 7
8 Italy 4 3
9 Malaysia 1 4
10 Netherlands 7 39
11 Pakistan 7 5
12 Philippines 8 1
13 Portugal 4 5
14 Russian Federation 3 2
15 Singapore 3 1
16 Switzerland 6 5
17 United Kingdom 5 25
18 United States 13 60
19 Norway 2 16
May, 2008 53
Chapter 5
Issues for Consultation
Issue 1. Do you agree with the definition of MVNO given in section 2.1.6?
If not please suggest alternate definition with justification.
Issue 2: Do you think there is a need to introduce MVNO in the Indian

Telecom Market. If yes, is it the right time to introduce MVNO as a distinct
service provider with its own licensing and regulatory framework? Please
elaborate the comments with appropriate reasoning.
Issue 3: To what extent should the MVNO be permitted to set up their own
infrastructure?
Issue 4 (i): What Regulatory Model should be followed for MVNO in the
Indian context?
(ii): What kind of obligations may be imposed on MNOs so that

Mobile Virtual Network Operations are implemented effectively
in India benefiting the customers?
Please elaborate the comments with appropriate reasoning.
Issue 5: What should be the eligibility criteria for MVNO?
Issue 6: Do you suggest different eligibility criteria for different MVNO

models and regulatory frameworks? If Yes, Please suggest with
justification thereof.
Issue 7: Should there be any restriction on the number of MVNOs attached

to an MNO? Please elaborate the comments with appropriate reasoning.
May, 2008 54
Issue 8: What should be the commercial model/framework for spectrum

sharing by MVNO; w.r.t. (i) Department of Telecom and (ii) MNO?
Issue 9: What should be the service obligations of MVNO? Please list them
with justification thereof.
Issue 10. What should be the method and consideration for determining the
entry fee for MVNO?
Issue 11. What should be the definition of AGR for MVNOs?
Issue 12: What is the best way to protect the subscribers both in terms of
continuity of service and applicability of tariff plan:
i) in case of a dispute between MVNO and MNO?
ii) in case MVNO wants to exit the business.
Issue 13: Should there be any roll out obligations specified for MVNO? If
yes, what should be the penal provisions for failure/ delay in fulfilling the
obligations.
Issue 14: What shall be the specific guidelines on the Mergers and
Acquisitions of MVNO? Please elaborate the comments with appropriate
reasoning.
Issue 15: Should there be any restriction on cross holdings between two
MVNOs and between MVNO and an MNO in a service area? Please
comment on the nature and scale of restructuring.
May, 2008 55
Issue 16: What should be the FDI limit for MVNO?
Issue 17: What should be the quantum of FBG and PBG for MVNO?
Issue 18: Any other relevant issue you would like to suggest /comment
upon.
+++++++
May, 2008 56
Annexure I
May, 2008 57
Annexure II
Entry Fee, Annual License Fee, Networth and
Paid up equity capital Requirements for UAS License.
Sl. Service Area Category Entry fee Annual License Networth Paid up
(Rs. In Fee (Rs. In equity
Crores) (% of Adjusted Crores) capital of
Gross Revenue) Applicant
Company
(Rs. In
Crores)
1 West Bengal B 1.0000 8 50 5
2 Andhra Pradesh A 103.0100 10 100 10
3 Assam C 5.0000 6 30 3
4 Bihar C 10.0000 6 30 3
5 Gujarat A 109.0100 10 100 10
6 Haryana B 21.4600 8 50 5
7 Himachal Pradesh C 1.1000 6 30 3
8 Jammu & Kashmir C 2.0000 6 30 3
9 Karnataka A 206.8300 10 100 10
10 Kerala B 40.5400 8 50 5
11 Madhya Pradesh B 17.4501 8 50 5
12 Maharastra A 189.0000 10 100 10
13 North East C 2.0000 6 30 3
14 Orissa C 5.0000 6 30 3
15 Punjab B 151.7500 8 50 5
16 Rajasthan B 32.2500 8 50 5
17 Tamilnadu A 233.0000 10 100 10
18 Uttar Pradesh B 30.5500 8 50 5
(West)
19 Uttar Pradesh B 45.2500 8 50 5
(East)
20 Delhi A 170.7000 10 100 10
21 Kolkata A 78.0100 10 100 10
22 Mumbai A 203.6600 10 100 10
May, 2008 58
Annexure III
Annual Spectrum usage charges for Mobile Service

Providers
Spectrum Charges linked to revenue of

operators
Upto 2x4.4 MHz 2%
Upto 2x6.2 MHz/2x5 MHz (CDMA) 3%
Upto 2x8 MHz 4%
Upto 2x10 MHz 4%
Upto 2x12.5 MHz 5%
Upto 2x15 MHz 6%
May, 2008 59
Annexure IV
Spectrum allocation to Mobile service providers
Sl. Name of service provider Service area Type of Spectrum
service allotted
(in MHz)
1 Bharti Delhi GSM 10.00
2 Vodafone Delhi GSM 10.00
3 MTNL Delhi GSM 8.00
4 Idea Cellular Delhi GSM 8.00
5 Aircel Ltd. Delhi GSM 4.40
6 Reliance Delhi GSM 4.40
7 MTNL Delhi CDMA 3.75
8 Reliance Infocomm Delhi CDMA 5.00
9 Tata Teleservices Delhi CDMA 5.00
10 BPL Mumbai GSM 10.00
11 Vodafone Mumbai GSM 10.00
12 MTNL Mumbai GSM 8.00
13 Bharti Mumbai GSM 9.20
14 Aircel Ltd. Mumbai GSM 4.40
15 Idea Cellular Ltd. Mumbai GSM 4.40
16 Reliance Mumbai GSM 4.40
17 MTNL Mumbai CDMA 5.00
18 Reliance Infocomm Mumbai CDMA 5.00
19 Tata Teleservices Mumbai CDMA 5.00
20 Aircel Cellular Ltd. Chennai GSM 8.60
21 Bharti Chennai GSM 8.60
22 BSNL Chennai GSM 8.00
23 Vodafone Chennai GSM 8.00
24 TTSL Chennai GSM 4.40
25 BSNL Chennai CDMA 2.50
26 Reliance Infocomm Chennai CDMA 5.00
27 Tata Teleservices Chennai CDMA 3.75
28 Bharti Kolkata GSM 8.00
29 Vodafone Kolkata GSM 9.80
30 BSNL Kolkata GSM 6.20
31 Reliable Internet Kolkata GSM 6.20
32 Dishnet Wireless Ltd Kolkata GSM 4.40
33 BSNL Kolkata CDMA 2.50
34 Reliance Infocomm Kolkata CDMA 5.00
35 Tata Teleservices Kolkata CDMA 3.75
36 Vodafone Maharashtra GSM 6.20
37 Idea Cellular Ltd. Maharashtra GSM 9.80
38 BSNL Maharashtra GSM 8.00
39 Bharti Maharashtra GSM 6.20
40 Aircel Ltd. Maharashtra GSM 4.40
41 Reliance Maharashtra GSM 4.40
42 BSNL Maharashtra CDMA 2.50
May, 2008 60
43 Reliance Infocomm Maharashtra CDMA 5.00

44 Tata Teleservices Maharashtra CDMA 5.00
45 Vodafone Gujarat GSM 9.80
46 Idea Cellular Ltd. Gujarat GSM 6.20
47 BSNL Gujarat GSM 7.40
48 Bharti Gujarat GSM 6.20
49 Aircel Ltd. Gujarat GSM 4.40
50 Reliance Gujarat GSM 4.40
51 BSNL Gujarat CDMA 2.50
52 Reliance Infocomm Gujarat CDMA 3.75
53 Tata Teleservices Gujarat CDMA 3.75
54 Idea Cellular Ltd. Andhra Pradesh GSM 8.00
55 Bharti Andhra Pradesh GSM 7.80
56 BSNL Andhra Pradesh GSM 8.00
57 Vodafone Andhra Pradesh GSM 6.20
58 Aircel Ltd. Andhra Pradesh GSM 4.40
59 Reliance Andhra Pradesh GSM 4.40
60 BSNL Andhra Pradesh CDMA 2.50
61 Reliance Infocomm Andhra Pradesh CDMA 5.00
62 Tata Teleservices Andhra Pradesh CDMA 5.00
63 Shyam Telelink Andhra Pradesh CDMA 2.50
64 Bharti Karnataka GSM 9.80
65 Spice Karnataka GSM 6.20
66 BSNL Karnataka GSM 8.00
67 Vodafone Karnataka GSM 8.00
68 Aircel Ltd. Karnataka GSM 4.40
69 Reliance Karnataka GSM 4.40
70 BSNL Karnataka CDMA 2.50
71 Reliance Infocomm Karnataka CDMA 5.00
72 Tata Teleservices Karnataka CDMA 3.75
73 Vodafone Tamil Nadu GSM 6.20
74 Aircel Ltd. Tamil Nadu GSM 9.80
75 BSNL Tamil Nadu GSM 8.00
76 Bharti Tamil Nadu GSM 8.20
77 Reliance Tamil Nadu GSM 4.40
78 Idea Tamil Nadu GSM 4.40
79 Swan Tamil Nadu GSM 4.40
80 Loop Tamil Nadu GSM 4.40
81 Datacom Tamil Nadu GSM 4.40
82 Unitech Tamil Nadu GSM 4.40
83 TTSL (Dual) Tamil Nadu GSM 4.40
84 BSNL Tamil Nadu CDMA 2.50
85 Reliance Infocomm Tamil Nadu CDMA 5.00
86 Tata Teleservices Tamil Nadu CDMA 2.50
Tamil Nadu
87 Shyam Telelink (incl. Chennai) CDMA 2.50
88 Idea Communications Ltd. Kerala GSM 8.00
89 Vodafone Kerala GSM 6.20
90 BSNL Kerala GSM 8.00
May, 2008 61
91 Bharti Kerala GSM 6.20

92 Dishnet Wireless Ltd. Kerala GSM 4.40
93 Reliance Kerala GSM 4.40
94 BSNL Kerala CDMA 3.75
95 Reliance Infocomm Kerala CDMA 5.00
96 Tata Teleservices Kerala CDMA 3.75
97 Spice Punjab GSM 7.80
98 Bharti Punjab GSM 7.80
99 BSNL Punjab GSM 6.20
100 Vodafone Punjab GSM 6.20
101 Dishnet Wireless Ltd Punjab GSM 4.40
102 Reliance Punjab GSM 4.40
103 Aircel Punjab GSM 4.40
104 BSNL Punjab CDMA 2.50
105 Reliance Infocomm Punjab CDMA 3.75
106 HFCL Infocomm Punjab CDMA 2.50
107 Tata Teleservices Punjab CDMA 3.75
108 Idea Communications Ltd. Haryana GSM 6.20
109 Vodafone Haryana GSM 6.20
110 BSNL Haryana GSM 6.20
111 Bharti Haryana GSM 6.20
112 Dishnet Wireless Ltd Haryana GSM 4.40
113 Reliance Haryana GSM 4.40
114 BSNL Haryana CDMA 2.50
115 Reliance Infocomm Haryana CDMA 3.75
116 Tata Teleservices Haryana CDMA 3.75
117 Shyam Telelink Haryana CDMA 2.50
118 Idea Communications Ltd. UP-W GSM 8.00
119 Bharti UP-W GSM 6.20
120 BSNL UP-W GSM 8.00
121 Vodafone UP-W GSM 6.20
122 Dishnet Wireless Ltd UP-W GSM 4.40
123 Reliance UP-W GSM 4.40
124 Aircel UP-W GSM 4.40
125 BSNL UP-W CDMA 2.50
126 Reliance Infocomm UP-W CDMA 5.00
127 Tata Teleservices UP-W CDMA 3.75
128 Shyam Telelink UP-W CDMA 2.50
129 Vodafone UP-E GSM 8.00
130 BSNL UP-E GSM 8.00
131 Bharti UP-E GSM 6.20
132 Idea Telecommunications Ltd. UP-E GSM 6.20
133 Dishnet Wireless Ltd UP-E GSM 4.40
134 Reliance UP-E GSM 4.40
135 BSNL UP-E CDMA 2.50
136 Reliance Infocomm UP-E CDMA 5.00
137 Tata Teleservices UP-E CDMA 3.75
138 Shyam Telelink UP-E CDMA 2.50
139 Vodafone Rajasthan GSM 6.20
May, 2008 62
140 Hexacom (Bharti) Rajasthan GSM 6.20

141 BSNL Rajasthan GSM 8.00
142 Idea Telecommunications Ltd. Rajasthan GSM 6.20
143 Aircel Ltd. Rajasthan GSM 4.40
144 Reliance Rajasthan GSM 4.40
145 BSNL Rajasthan CDMA 2.50
146 Reliance Infocomm Rajasthan CDMA 3.75
147 Shyam Telelink Rajasthan CDMA 5.00
148 Tata Teleservices Rajasthan CDMA 3.75
149 Idea Madhya Pradesh GSM 8.00
150 Reliance Madhya Pradesh GSM 6.20
151 BSNL Madhya Pradesh GSM 6.20
152 Bharti Madhya Pradesh GSM 6.20
153 Dishnet Wireless Ltd Madhya Pradesh GSM 4.40
154 Vodafone Madhya Pradesh GSM 4.40
155 BSNL Madhya Pradesh CDMA 2.50
156 Reliance Infocomm Madhya Pradesh CDMA 5.00
157 Tata Teleservices Madhya Pradesh CDMA 2.50
158 Shyam Telelink Madhya Pradesh CDMA 2.50
159 Reliance WB & AN GSM 6.20
160 BSNL WB & AN GSM 6.20
161 Bharti WB & AN GSM 6.20
162 Vodafone WB & AN GSM 6.20
163 Dishnet Wireless Ltd WB & AN GSM 4.40
164 BSNL WB & AN CDMA 2.50
165 Reliance Infocomm WB & AN CDMA 3.75
166 Tata Teleservices WB & AN CDMA 2.50
167 Shyam Telelink WB & AN CDMA 2.50
168 Bharti Himachal Pradesh GSM 6.20
169 Reliance Himachal Pradesh GSM 6.20
170 BSNL Himachal Pradesh GSM 6.20
171 Idea Telecommunications Ltd. Himachal Pradesh GSM 4.40
172 Dishnet Wireless Ltd Himachal Pradesh GSM 4.40
173 Vodafone Himachal Pradesh GSM 4.40
174 BSNL Himachal Pradesh CDMA 2.50
175 Reliance Infocomm Himachal Pradesh CDMA 2.50
176 Tata Teleservices Himachal Pradesh CDMA 2.50
177 Shyam Telelink Himachal Pradesh CDMA 2.50
178 Reliance Bihar GSM 8.00
179 BSNL Bihar GSM 8.00
180 Bharti Bihar GSM 8.00
181 Dishnet Wireless Ltd Bihar GSM 4.40
182 Vodafone Bihar GSM 4.40
183 Aditya Birla Telecom Ltd. (Idea) Bihar GSM 4.40
184 BSNL Bihar CDMA 2.50
185 Reliance Infocomm Bihar CDMA 5.00
186 Tata Teleservices Bihar CDMA 3.75
187 Shyam Telelink Bihar CDMA 2.50
188 Reliance Orissa GSM 6.20
May, 2008 63
189 BSNL Orissa GSM 6.20

190 Bharti Orissa GSM 8.00
191 Dishnet Wireless Ltd Orissa GSM 4.40
192 Vodafone Orissa GSM 4.40
193 Idea Orissa GSM 4.40
194 Datacom Orissa GSM 4.40
195 Nahan (Unitech) Orissa GSM 4.40
196 S Tel Orissa GSM 4.40
197 Loop Orissa GSM 4.40
198 TTSL (Dual) Orissa GSM 4.40
199 BSNL Orissa CDMA 2.50
200 Reliance Infocomm Orissa CDMA 3.75
201 Tata Teleservices Orissa CDMA 2.50
202 Reliance Assam GSM 6.20
203 BSNL Assam GSM 6.20
204 Bharti Assam GSM 6.20
205 Dishnet Wireless Ltd Assam GSM 6.20
206 Vodafone Assam GSM 4.40
207 BSNL Assam CDMA 2.50
208 Tata Teleservices Assam CDMA 2.50
209 Shyam Telelink Assam CDMA 2.50
210 Reliance Telecom Assam CDMA 2.50
211 Reliance NE GSM 6.20
212 Bharti NE GSM 4.40
213 BSNL NE GSM 6.20
214 Dishnet Wireless Ltd NE GSM 4.40
215 Vodafone NE GSM 4.40
216 BSNL NE CDMA 2.50
217 Tata Teleservices NE CDMA 2.50
218 Shyam Telelink NE CDMA 2.50
219 Reliance Telecom NE CDMA 2.50
220 BSNL J&K GSM 8.00
221 Bharti J&K GSM 6.20
222 Dishnet Wireless Ltd J&K GSM 4.40
223 Vodafone J&K GSM 4.40
224 Reliance J&K GSM 4.40
225 BSNL J&K CDMA 2.50
226 Reliance Infocomm J&K CDMA 2.50
227 Tata Teleservices J&K CDMA 2.50
228 Shyam Telelink J&K CDMA 2.50
Note: Some spectrum has been allotted to BSNL/ MTNL on trial basis
May, 2008 64
Annexure V
UAS LICENSE CONDITIONS
1. Eligibility
The eligibility for award of UAS License has been prescribed by the DoT vide its
Guidelines dated 14/12/2005. The applicant should be an Indian company,
registered under Indian Companies Act, composite foreign holding should not
exceed 74%, majority of Directors on Board shall be resident Indian Citizens,
share holder agreement shall specifically incorporate the condition that the
majority of Directors on Board including the Chairman, Managing Director and
the Chief Executive Officer shall be resident Indians, comply with restriction on
remote access and traffic monitoring, shall have minimum paid up equity capital
and net worth requirement as prescribed.
2. Scope of service
As per UAS License, the scope of the MNO license cover collection, carriage,
transmission and delivery of voice and/or non-voice MESSAGES and includes
provision of all types of access services. Access service provider can also
provide Internet Telephony, Internet Services and Broadband Services including
triple play i.e. voice, video & data, Voice Mail, Audiotex services, Video
Conferencing, Videotex, E-Mail, Closed User Group (CUG) facilities. If required,
access service provider can use the network of NLD/ILD service licensee.
3. Roll out obligations
In metros, 90% of the service area shall be covered within one year and in
telecom circles, at least 10% of District Headquarters/towns to be covered in the
first year and 50% of District Headquarters/towns to be covered within three
years. Coverage would mean that at least 90% of the area bounded by
May, 2008 65
municipal limits should get the required street as well as in-building coverage.
Delay in fulfilling the roll out obligations attract liquidated damages to the tune of
Rs.5 lakh per week for the first 13 weeks, Rs. 10 lakh per week for the next 13
weeks and thereafter @ Rs.20 lakhs per week for next 26 weeks subject to a
maximum of Rs.7.00 crores.
4. Mergers and Acquisitions
Salient points in the merger and acquisition guidelines of DoT dated 21st April
2008 are:
• Prior approval of the Department of Telecommunications shall be

necessary for merger of the licence.
• Merger of licences shall be restricted to the same service area.
• The relevant service market be defined as wire line and wireless services.
Wireless service market shall include fixed wireless as well.
• The market share of merged entity in the relevant market shall not be
greater than 40% either in terms of subscriber base separately for wireless
as well as wireline subscriber base or in terms of Adjusted Gross
Revenue.
• No M&A activity shall be allowed if the number of UAS/CMTS access

service providers reduces below four in the relevant market consequent
upon such an M&A activity under consideration.
• Consequent upon the Merger of licences in a service area, the post

merger licensee entity shall be entitled to the total amount of spectrum
held by the merging entities, subject to the condition that after merger,
licensee shall meet, within a period of 3 months from date of approval of
May, 2008 66
merger by the Licensor, the prevailing spectrum allocation criterion

separately for GSM & CDMA technologies, as in case of any other
UAS/CMTS licensee(s).
• On merger, spectrum enhancement charge shall also be charged as

applicable in case of any other UAS/CMTS licensee.
• In case consequent to merger of licences in a service area, the licensee

becomes a “Significant Market Power” (SMP) post merger, then the extant
rules & regulations applicable to SMPs would also apply to the merged
entity.
• The annual license fee and the spectrum charge are paid as a certain
specified percentage of the AGR of the licensee. On the merger of the two
licenses, the AGR of the two entities will also be merged and the license
fee will be therefore levied at the specified rate for that service area on the
resultant total AGR. Similarly, for the purpose of payment of the spectrum
charge, the spectrum held by the two licensees will be added/merged and
the annual spectrum charge will be at the prescribed rate applicable on
this total spectrum.
• For regulating acquisitions of equity stake of one access services licensee

Company/ legal person/promoter company in the enterprise of another
access services licensee in the same license area, present guidelines on
Substantial Equity of 10% or more shall continue.
• Any permission for merger shall be accorded only after completion of 3

years from the effective date of the licences.
May, 2008 67
5. Substantial Equity
The restrictions on substantial equity are as follows:
The LICENSEE shall ensure that:

(i) Any changes in share holding will be subject to all applicable
statutory permissions.
(ii) No single company/ legal person, either directly or through its
associates, shall have substantial equity holding in more than
one LICENSEE Company in the same service area for the
Access Services namely; Basic, Cellular and Unified Access
Service. ‘Substantial equity’ herein will mean ‘an equity of 10%
or more’. A promoter company/ Legal person cannot have
stakes in more than one LICENSEE Company for the same
service area.
6. Foreign Direct Investment (FDI)
The total composite foreign holding including but not limited to investments by
Foreign Institutional Investors (FIIs), Non-resident Indians (NRIs), Foreign
Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs),
Global Depository Receipts (GDRs), convertible preference shares, proportionate
foreign investment in Indian promoters/investment companies including their
holding companies, etc., shall not exceed 74 per cent. The 74 per cent foreign
investment can be made directly or indirectly in the operating company or
through a holding company and the remaining 26 per cent will be owned by
resident Indian citizens or an Indian Company (i.e. foreign direct investment does
not exceed 49 percent and the management is with the Indian owners). It is
clarified that proportionate foreign component of such an Indian Company will
also be counted towards the ceiling of 74%. However, foreign component in the
total holding of Indian public sector banks and Indian public sector financial
May, 2008 68
institutions will be treated as ‘Indian’ holding. The licensee will be required to

disclose the status of such foreign holding and certify that the foreign investment
is within the ceiling of 74% on a half yearly basis.
7. Bank Guarantees
The applicant company shall submit Financial Bank Guarantee (FBG) of amount
equal to Rs. 50, 25 and 5 Crores for category ‘A’ ‘B’ & ‘C’ service areas
respectively before the date of signing the license agreement in the prescribed
Performa given in the License Agreement. Initially, FBG shall be valid for a
period of one year and shall be renewed from time to time for such amount as
may be directed by the Licensor. The applicant shall also submit Performance
Bank Guarantees (PBG) of amount equal to Rs. 20, 10 and 2 Crores for category
‘A’ ‘B’ & ‘C’ service areas respectively in the prescribed Performa given in the
License Agreement before signing the license. PBG shall be valid for a period of
three year and shall be renewed from time to time. FBG and PBG must be from
any Scheduled Bank or Public Financial Institution duly authorized to issue such
Bank Guarantee.
The Fees, charges and royalties for the use of spectrum and also for possession
of Wireless Telegraphy equipment shall be separately securitized by furnishing
FBG of an amount equivalent to the estimated sum payable annually in the
Performa annexed, to WPC, valid for a period of one year, renewable from time
to time till final clearance of all such dues.
#########
May, 2008 69
Glossary
Abbreviations used Full-form
AGR Adjusted Gross Revenue
BSO Basic Service Operator
BWA Broadband Wireless Access
CMSP Cellular Mobile Service Providers
CUG Closed User Group
DoT Department of Telecommunications
FBG Financial Bank Guarantee
FCC Federation Communications Commission, USA
FDI Foreign Direct Investment
FIPB Foreign Investment Promotion Board
FMCG Fast Moving Consumer Goods
HLR Home Location Register
IDA Infocomm Development Authority, Singapore
IN Intelligent Network
IPLC International Private Leased Circuits
MCMC Malaysian Communications & Multimedia Commission
MNO Mobile Network Operator
MSC Mobile Switching Center
MVNO Mobile Virtual Network Operator
OFCOM Office of Communications, United Kingdom
OFTA Office of the Telecommunications Authority, Hong Kong
PBG Performance Bank Guarantee
PTA Pakistan Telecom Authority
RAN Radio Access Network
SACFA Standing Advisory Committee for Frequency Allocation
SMP Significant Market Power
TA Telecommunications Authority, Hong Kong
TRAI Telecom Regulatory Authority of India
UASL Unified Access Service Licence
UCC Unsolicited Commercial Communications
WPC Wireless Planning Commission
May, 2008 70

Telecom Regulatory Authority of India: Consultation Paper On Mobile Virtual Network Operator (MVNO)

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Telecom Regulatory Authority of India: Consultation Paper On Mobile Virtual Network Operator (MVNO)

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Consultation Paper No.

Telecom Regulatory Authority of India

Mahanagar Doorsanchar Bhawan

Final date for submitting Comments: June 3, 2008

The Telecommunication Sector in India has registered remarkable

Mobile Virtual Network Operator (MVNO) model has gained popularity in

The introduction of MVNO is seen as a natural progression towards

The Department of Telecommunications has sought the recommendations

This Consultation Paper discusses the concept of MVNO, definition, need

In keeping with Authority’s commitment to transparency and wider

2 Mobile Virtual Network Operator Types 4

3 Regulatory and Licensing Issues 20

5 Issues for Consultation 54

May, 2008 iii

1.1 Department of Telecommunications (DoT) has sought the

1.6 MVNO figured during the consultation process on Infrastructure Sharing.

• Active infrastructure sharing is not a pre-requisite for launch of MVNO,

1.7 The Authority gave its recommendations on Infrastructure Sharing in April

Mobile Virtual Network Operator Types

2.1.2 There is no uniform definition on what constitutes a MVNO. Regulatory

Organization Definition of MVNO according to the organization

• Mobile Switching Center (MSC)

or does not own infrastructure but based on services provided by it such

Facility based MVNOs. Facility based MVNOs have some network

competition the long term sustainability of pure discount based strategy by

Strategy based MVNOs are categorized according to their specific

“MVNO licensee is an entity that does not have assignment of

2.2 Need and Timing for Entry of MVNO

2.2.1 The introduction of MVNO is seen as a natural progression towards

ARPU (Rs. per month)

unorganized barring the company outlets which are limited in number. In

• Extending mobile services to market segment with which MNOs have

2.2.8 The points of concern for MNO would be:

2.2.11 The Indian mobile telephony marketplace is composed of an extremely

2.2.12 Sometime back, the Authority had made recommendations on the

Issue 2: Do you think there is a need to introduce MVNO in the Indian

2.3 Regulating MVNOs

Generally, it is seen that MNOs will voluntarily provide network access if

2.3.4 Regulatory approaches towards MVNOs differ quite substantially between

communications services. However, even in the absence of mandatory

2.3.5 At a minimum, the launch and operation of MVNO requires wholesale

• Intermediate MVNOs, which acquire a switched service, but either

• Thin MVNOs, which only provide additional applications and content

Radio Mobile Network Application Billing Customer Distribution Marketing Sales

MNO Full MVNO

MNO Intermediate/ Hybrid MVNO

MNO Thin MVNO/

FIGURE - 1: MVNO Models

an orderly relationship and growth of MVNO in the market. Setting the

2.3.11 Wholesale network access and origination service provided by MNOs to

2.3.12 Next, the overriding concern of policymakers in many jurisdictions that

2.3.14 As discussed, different regulatory models exist internationally for MVNO.

(ii): What kind of obligations may be imposed on MNOs so that

Please elaborate the comments with appropriate reasoning.

Regulatory and Licensing Issues

3.1 Issue of License

3.1.2 MVNO is basically reseller/subset of MNO. The range of MVNOs is really