Cable industry flags delays in TRAI's encryption recommendation for DD Free Dish

The cable industry has raised alarms over the delay in implementing TRAI's recommendations on encrypting private channels on DD Free Dish, warning of "no tangible progress" despite the July 2024 directive.

The All India Digital Cable Federation (AIDCF) has urged the Telecom Regulatory Authority of India (TRAI) to address unauthorized retransmissions and ensure regulatory parity between public and private DTH operators, warning that the current exemptions for DD Free Dish are creating market imbalances and revenue losses.

AIDCF said so in its comments submitted before TRAI on its consultation paper on the framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023.

In its comments, AIDCF touched on the issue of encryption of private channels on DD Free Dish, which it has raised time and again.

“With a view to prevent unauthorized re-transmission of television channels and maintain the record of subscribers, TRAI in its 08 July 2024 recommendations, recommended Prasar Bharati to take steps to convert DD Free Dish platform from a non-addressable system to an addressable system and begin by encrypting the signals of private satellite television channels at DD Free Dish headend before uplinking.

“Despite TRAI's recommendation, there appears to have been no tangible progress on this front. As of now, there is no indication or evidence of any steps being taken by Prasar Bharati to implement these recommendations, raising concerns about the delay in addressing unauthorized re-transmissions and ensuring subscriber accountability,” it said.

The Telecom Regulatory Authority of India (TRAI) released the consultation paper on 30th October 2024. The last date for receiving written comments on the issues raised in the Consultation Paper from the stakeholders was fixed as 20th November 2024 and for counter-comments as 27th November 2024.

Keeping in view the requests of some of the stakeholders for an extension of time for submission of comments, TRAI extended the last dates for submission of written comments and counter-comments up to 27th November 2024 and 4th December 2024 respectively, saying that no further requests for extension would be considered.

In its comments, the cable federation has also demanded regulatory parity for DD Free Dish as a DTH Service Provider.

“Prasar Bharati, through DD Free Dish, operates as a DTH service provider. This has not only been acknowledged by the courts but also by Prasar Bharti’s own website. As such, it functions within the same domain as private DTH operators and provides a comparable service to consumers. 

“While the public service mandate of DD Free Dish is acknowledged, this should not exempt the platform from adhering to the regulatory framework established for DTH services,”

AIDCF said that such exemptions not only create “an imbalance” in the market but also lead to “revenue losses” for the exchequer.

“Accordingly, it is essential that Prasar Bharati adheres to the same regulatory obligations that govern private DTH operators, including the payment of licensing fees, renewal fees and compliance with other associated regulations. This alignment is necessary to ensure a level playing field in the broadcasting industry, promote fair competition, and uphold the principle of regulatory equity,” it said.

AIDCF also opposed the TRAI’s recommendation proposing to waive off the license fee of DTH operators, saying that it would amplify disparity.

“In the proposed framework, DTH services, which utilize spectrum at no cost, are being considered for a license fee waiver, whereas fixed-line service providers—who do not enjoy similar spectrum-related benefits—are still required to pay a license fee to the government. Adding to this imbalance, mobile operators in the wireless domain, who provide IPTV and content services, must procure spectrum through competitive auctions, incurring substantial costs in the form of spectrum usage charges and license fees.

“Granting a waiver or reduction in the license fee for DTH services (as has been proposed in this Consultation Paper) would amplify this disparity, creating an uneven playing field. Such a move would unfairly tilt the competitive landscape further in favour of DTH providers, undermining the principles of fair competition and equitable regulatory treatment across service categories,” it said.