Behind the S

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    Behind the S-band spectrum scandal

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    Every well-informed schoolchild knows this is rising India's Age of Uninterrupted Scams. Nogovernment before the present United Progressive Alliance regime has had to deal with such adizzying succession of exposs of corruption scandals2G spectrum, the CommonwealthGames, Adarsh Housing, money laundering, and the rest that have come tumbling out. The latestin the series is the Indian Space Research Organisation's dealhatched in secret and sought tobe covered up over a period of six yearsto launch two customer-specific satellites and giveaway 70 MHz of high-value S-band for unfettered commercial exploitation at a scandalously lowprice of just over Rs 1000 crore to a private company, Devas Multimedia Private Limited. Thetransaction and its implications were first exposed byBusiness Line, the business daily ofTheHindu group, in adetailed reportpublished on May 31, 2010.

    Despite Telecommunications Minister Kapil Sibal's defence of the indefensible, enough isknown about the 2G spectrum allocation scam to place it at the top of the list of independentIndia's corruption scandals. But what is the essence of the S-band spectrum deal concluded inJanuary 2005 between ISRO's commercial arm, Antrix Corporation, and Devas Multimediawhich, it turns out, was born of an incestuous relationship with India's space programme? Theagreement (the full text is available under Resources at www.thehindu.com) relates to twocustomer-specific satellites, GSat-6 and GSat 6-A, which ISRO is contractually committed todesign, build, and launch in order to make available to Devas the S-band spectrum forcommercialising a range of multimedia, broadband services across India. What is special aboutthe S-band, which is defined as radio waves with frequencies that range from 2 GHz to 4 GHz?According to The 2.6 GHz Spectrum Band: Unique Opportunity to Realize Global Mobile

    Broadband, a 2009 report prepared for the GSM Association: As mobile voice and data trafficincreases, wireless operators around the world will require additional spectrum. However, as afinite public commodity, few bands remain available for new allocation to mobile wirelessservices and even fewer exist for global harmonisation of wireless spectrum assets. The 2.6 GHzband is one exception. The 2.6 GHz band (2500-2690 MHz), sometimes also referred as the 2.5GHz band, was allocated by the World Radiocommunication Conference (WRC) in 2000 forterrestrial mobile communications services. The band provides an opportunity to meet rapidlyrising demand for capacity to deliver mobile broadband services on a widespread, common basisacross the world.

    Armed with secret knowledge of what ISRO could do for it by launching customer-specificsatellites to make available at a throwaway price a large chunk of S-band spectrum, DevasMultimediaa venture founded in 2004 at the initiative of former officials of the Indian spaceprogramme and involving foreign investorsthought it had struck gold. In July 2008, it evensold a 17 per cent stake to Deutsche Telecom AG for $ 75 million (around Rs. 318 crore at thetime) and over the next year was clearly looking forward to a time of unrivalled growth invaluation. According to a preliminary estimate by the Comptroller and Auditor General of India,whose search for the relevant documents within the Department of Space has been actively

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    obstructed, the presumptive loss of revenue to the government in the event of the Antrix-Devasdeal going through now would exceed two lakh crore rupees (approximately $44.4 billion).

    ISRO and the Department of Space have scored many successes and enjoyed a good, cleanreputation over the decades. Fortunately, in late 2009 some outraged insiders blew the whistle on

    the secret dealso secret that ISRO's chief, K. Radhakrishnan, had to admit at a pressconference on February 8, 2011 that for reasons that were being reviewed internally, ISROfailed explicitly to inform the Union Cabinet that GSat-6 and GSat-6A were customer-specificsatellites that would be predominantly used for a novel and commercial application developedby Devas Multimedia in association with global experts. Towards the end of 2009, thanks to the

    whistle-blowers and perhaps not unrelated to the stink raised by the 2G spectrum allocationscandal, a view began to form at the top levels of ISRO that the Antrix-Devas deal must beannulled. The Space Commission also wanted the deal to be annulled and the Prime Minister wasinformed on an indeterminate date.

    But nothing much happened untilBusiness Line published its report in May 2010, which the

    CAG followed up conscientiously despite the bureaucratic hurdles placed in its path. Among theconcerns registered by the CAG in its process of enquiry were the following: S-band spectrumwas being given away without inviting competitive bids; organisational control systems were notfollowed; the Prime Minister's Office, the Cabinet, and the Space Commission were not properlyinformed about the contract details; public resources were being diverted to building twocustomer-specific satellites; and the contract terms deviated from the terms of previous contractsentered into by ISRO and Antrix. To cut the story short, the publication of the results of thespecialBusiness Line investigation, backed up by documents and other reliable evidence, in TheHindu andBusiness Line has brought the CAG's commendable efforts to lightand placed thenature, scale, and modalities of the S-band spectrum scandal on the public agenda. True to form,those at the receiving end have questioned the accuracy of the media reports or suggested theyare overblown. It is a matter of satisfaction that the deal now seems to be heading for annulmentbut no thanks to due diligence and oversight by a central government whose procrastination,lack of transparency, obfuscation, and indeed delinquency in this affair have shocked the nation.