Starlink’s India struggle: spectrum, surveillance, and connectivity Premium

Starlink faces legal hurdles in India, navigating complex regulations to provide satellite-based internet services efficiently and securely.

The vast rural expanses of India are often overshadowed by the country’s urban-centric digital growth; digital isolation has long stifled progress. Starlink’s ambitious satellite network now promises to turn night into day, literally and figuratively, by beaming high-speed internet across terrains where cables don’t reach and towers don’t exist. But as this technological advance prepared to bridge the digital divide, it became entangled in a complex web of legal, regulatory, and security challenges. At stake today is not just the rollout of a service but a broader question: can the innovation Starlink represents navigate tradition and sovereignty to bring rural and urban India closer together?

In its endeavour to provide satellite-based internet services in India, Starlink must navigate a complex legal and regulatory landscape. The cornerstone of this landscape is the Very Small Aperture Terminal (VSAT) licence from the Department of Telecommunications as required by the Indian Telegraph Act, 1885.

Section 4 of the Act grants the Union government the exclusive privilege to establish and operate telegraphs (interpreted broadly to include modern communication technologies like VSAT) and empowers it to issue licences. Section 7 further authorises the government to frame rules governing such licences.

The Telecom Regulatory Authority of India Act, 1997 established the Telecom Regulatory Authority of India (TRAI), which plays an advisory and regulatory role. Section 11 outlines TRAI’s functions, including making recommendations on licensing terms, spectrum management, and ensuring fair competition, thus significantly shaping the regulatory environment for Starlink.

The newer Telecommunications Act, 2023 governs the allocation of satellite spectrum. While it permits administrative allocation, it also requires Starlink to adhere to the security and pricing norms it outlines. Starlink’s use of Ku-and Ka-band frequencies is subject to the telecom department’s spectrum regulations, which are aligned with International Telecommunication Union standards to prevent interference with other services.

The Satellite Communications Policy, 2000 and the Indian National Space Promotion and Authorisation Centre (IN-SPACe) under the Department of Space further require Starlink to coordinate satellite operations and orbital slot use to avoid conflicts with Indian Space Research Organisation assets, and to align with national space priorities.

Finally, the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 impose obligations related to encryption, data storage, and cybersecurity. National security concerns require Starlink to comply with directives from the Ministry of Home Affairs and intelligence agencies, which may include requirements such as real-time signal tracking and user verification.