The TRAI has released its recommendations for the Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023.
| Photo Credit: X@TRAI
The Telecom Regulatory Authority of India (TRAI) on Friday (February 21, 2025) released its recommendations for the Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023.
The recommendations include a proposal to remove the minimum net worth requirement of ₹100 crore for the Internet service providers to offer IPTV service and its alignment with the provisions contained in the authorisation for Internet Services to be issued by the Department of Telecom.
“Terms and conditions for Radio Broadcasting Service have been made technology agnostic enabling adoption of digital technology. Service authorisation for ‘Terrestrial Radio Service’ should be delinked from frequency assignment and the auction of spectrum for frequency assignment for Terrestrial Radio Service shall be done separately…,” said the TRAI.
It also suggested that the Information & Broadcasting Ministry should prescribe separate Programme Code and Advertisement Code for radio broadcasting service providers.
As per the existing guidelines for various broadcasting services, licences/permissions/registrations are given by the I&B Ministry under the Indian Telegraph Act, for provision of broadcasting services. They include TV channel uplinking/downlinking (including Teleport), FM Radio, community radio stations, Digital Satellite News Gathering/Satellite News Gathering, Direct-To-Home, Headend-In-The-Sky, and IPTV services.
The government has notified the Telecommunications Act (2023), which repeals the Indian Telegraph Act, but the appointed date for various sections of the new Act is yet to be notified. The Ministry, through a letter dated July 25, 2024, sought suggestions from TRAI on the terms and conditions in this regard. On October 30, 2024, the Authority initiated a consultation process by releasing a consultation paper and also held an open-house discussion on December 18, 2024.
Based on the inputs and previous relevant recommendations, TRAI restructured the terms and conditions, aimed at “promoting growth and enhance ease of doing business in the sector”.
The recommended authorisation framework provides for two distinct sets of terms and conditions: “The Broadcasting (Grant of Service Authorisations) Rules” and “The Broadcasting (Television Channel Broadcasting, Television Channel Distribution, and Radio Broadcasting) Services Rules”.
The salient points of recommendations include that broadcasting service authorisations should be granted under Section 3(1)(a) of the Telecommunications Act; terms for the grant of service authorisations have been harmonised for similar services and covers eligibility criteria, application process, etc.; and that migration of existing licensee to new regime should be voluntary, till the expiry of licence/permission.
No processing fee or entry fee will be required for migration in case of broadcasting services.
However, the validity period of the respective service authorisation should be from the effective date of migration to the authorisation regime, irrespective of the validity period of existing licence/permission.
The Authority has suggested adding new services like “Ground-based Broadcasting of a Television Channel” and “Low Power Small Range Radio Service”.
To protect the interests of service providers, it has suggested that amendments to terms and conditions of service authorisations (except for reasons of national security) should require TRAI’s recommendations. It said infrastructure sharing on a voluntary basis, among broadcasting service providers as well as with telecom service providers/infrastructure providers, wherever technically and commercially feasible, should be allowed.
TRAI has also suggested changes in the terms and conditions, including fees and charges, for various broadcasting services.
Published – February 21, 2025 07:19 pm IST