‘Illegal’ 3G sharing can be a security nightmare: Telecom ministry

Reacting sharply to the practise of several telecom companies using an “illegal” intra-agreement to share 3G spectrum, the telecom ministry has raised the alarm that this has “far reaching security implications.”

In an internal note prepared by the telecom ministry and accessed by DNA, senior officials have stated that all “roaming arrangements” are meant for “short term movement/roaming.” Instead, a few telecom companies which successfully bid for the 3G spectrum immediately sublet a portion of their spectrum by signing roaming agreements.

These agreements allowed many telecom companies to provide 3G services in markets in which they had lost out, thereby subverting the whole bidding process and causing major loss of revenue to the government.

Worryingly, the issue has also meant a major security lapse for India’s intelligence and security agencies who tap phones of terrorists and criminals using an elaborate mechanism called LIMS (Legal Interception, Monitoring and Surveillance) to gather intelligence or prevent a crime.

However, when a customer is on roaming, it becomes difficult for security agencies to follow the target phone. They have to seek permission from concerned authorities in the ‘roaming’ state and approach the host service provider in the new circle. This leads to delays that can prove fatal to an ongoing intelligence-gathering or crime-prevention operation.

The note says the new 3G sharing agreements allow a “subscriber to remain permanently on the visitor’s network”.

“This will have far reaching security implications, as the Telecom Service Provider will not have its applicable system for lawful interception,” the note says.

The four-page note also takes serious note of the illegality of this arrangement. DNA earlier reported that the industry regulator TRAI had also objected to it. The Telecom Ministry agreed with TRAI findings and also went a step further to recommend severe penalties. In a comment on the note, Sadhna Dixit, current advisor (finance), who is also member (finance) in the telecom commission, highlights the clause stating that “the 3G spectrum assignment may also be revoked if the licensor determines the user of the spectrum to be in serious breach of any of the conditions of the award of spectrum.” In case of “less serious breaches” she recommends that penalties can be imposed on the defaulting companies.

Sources in the Telecom Ministry told DNA that telecom secretary R Chandrashekhar has approved of the note and its findings that have been forwarded to the union Law Secretary for further advice on a legally-sound course of action. Either way, an “illegal” move by a few telecom companies to maximise their revenues has ended up creating a headache for security agencies.