Stakeholders express concern over bringing broadcasting services under Telecom Act

Bringing broadcasting services under the Telecom Act will blur the lines between the roles of telecommunications and broadcasting was one of the biggest concern expressed by some stakeholders during the open house discussion (OHD) held by the Telecom Regulatory Authority of India (TRAI) on Wednesday.

The OHD was on TRAI’s consultation paper titled Framework for Service Authorisations for Provision of Broadcasting Services under the Telecommunications Act, 2023, which has drawn significant criticism, with many broadcasters deeming it "unnecessary" and beyond TRAI’s jurisdiction.

One of the most critical comments made during the discussions was by Siboney Sagar, representing Indian Broadcasting and Digital Foundation (IBDF), who emphasized that content regulation, which is central to broadcasting, should remain under the purview of the Ministry of Information and Broadcasting (MIB), rather than being incorporated into the Telecommunications Act.

She said that this could undermine the creative and constitutional aspects of broadcasting by treating it as merely a utility service, much like telecommunications, which could harm the unique identity and protection that broadcasting deserves.

The paper’s suggestion to bring broadcasting services under the ambit of the Telecom Act has sparked a debate over its implications for the industry.

The paper highlights that various broadcasting platforms, such as Direct-to-Home (DTH) services, HITS, IPTV, FM Radio etc, currently receive licenses and permissions from the Ministry of Information and Broadcasting (MIB).

The MIB had requested TRAI to recommend terms and conditions, including fees, for these broadcasting services. The goal is to standardize regulations and align them with the new Telecommunications Act. The paper is aimed at establishing a new framework for service authorizations related to broadcasting services.

“We do humbly submit that it would be inappropriate to introduce a broadcast licensing framework under the Telecommunication Act, considering that the Act does not encompass a large portion of what broadcast also covers, which is content regulation. We have also submitted in more detail, but just like to reiterate at this occasion, that there is a need to recognize the distinction between broadcast and telecommunications,” Sagar said.

While welcoming the stakeholders at the OHD, TRAI Chairman A K Lahoti said that this consultation paper which was issued on 30th October 2024 is based on a reference received from the Ministry of Information and Broadcasting on 25th July 2024. 

“The ministry highlighted that at present the various licenses, permissions and registrations for services such as DTH, HITS, teleports, DSNG, SNG, uplinking and downlinking of TV channels, FM radio broadcasting, community radio stations and IPTV are granted under section 4 of the Indian Telegraph Act, 1885.

“However, with the notification of section 60 of the Telecommunication Act, 2023, the Indian Telegraph Act, 1885 shall stand repealed from the appointed date. Consequently, the eligible entities shall be required to obtain authorization from the broadcasting services under section 3.1 of the Telecommunication Act, 2023 once it is notified. Accordingly, it is imperative to align the extent of policy guidelines of broadcasting services with the provisions of the Telecommunication Act, 2023,” Lahoti said.

During the discussion, Sanjay Agarwal, Vice President, Times Network and representing NBDA, strongly emphasized that broadcasting services are distinct from telecommunications, with broadcasting focusing on content creation and expression, while telecom merely serves as an infrastructure for communication.

He argued that despite technological advancements allowing broadcasting through telecom infrastructure, the two should not be conflated. He stressed the importance of keeping content and carriage separate to preserve the unique identity of broadcasting, and opposed integrating broadcasting into the Telecom Act, as it would indirectly regulate content, undermining the established frameworks for broadcasting.

Rahul Vatts, Chief Regulatory Officer, Bharti Airtel made several key points, emphasizing the need to include OTT platforms in the regulatory framework to ensure fair competition, as they currently operate without any obligations, unlike regulated services such as DTH and cable.

He also called for a tailored regulatory approach, with separate terms for different services like DTH and broadcasting, to address their unique operational needs. Vatts supported voluntary migration to the new authorization framework, ensuring stability for existing operators.

He advocated for including DD Freedish in the same regulatory framework as private DTH operators, maintaining current DTH fees to ensure fairness, and streamlining approval processes for teleports to improve business efficiency.