TRAI seeks views on broadcasting service authorization framework

TRAI seeks views on broadcasting service authorization framework

The MIB had requested TRAI to recommend terms and conditions, including fees, for these broadcasting services

The Telecom Regulatory Authority of India (TRAI) on Wednesday released a Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023.

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.

To facilitate this process, TRAI has issued a Consultation Paper and is inviting comments from stakeholders by November 20, 2024, with counter-comments by November 27, 2024.

“MIB, through a letter dated 25.07.2024, requested TRAI to provide its recommendations on the terms and conditions, including fees or charges; for authorisation to provide broadcasting services, with the objective of aligning it to the Telecommunications Act, 2023 and harmonizing the terms and conditions across various service providers, so that the terms and conditions for the authorisations of broadcasting services may be notified as Rules under the Telecommunications Act, 2023,” TRAI said.

Some of the issues for consultation mentioned by TRAI are:

1. Under Section 3(1) of the Telecommunications Act, 2023, an Applicant Entity may receive authorization instead of a license from the Central Government. The Ministry of I&B will notify the terms and conditions for broadcasting services as Rules under this Act. Should there be safeguards to protect the interests of Authorized Entities in various broadcasting services?
2. Which approach should be adopted for migrating the existing licensee/ permission holders to the service authorisation framework?
3. Whether the extant penal provisions for breach of terms and conditions of license/ permission are appropriate or required to be modified to align with the provisions of the Telecommunications Act, 2023?
4. Further, in respect of violation of Programme Code and Advertising Code, whether the penal provisions should be adopted mutatis mutandis?  If not, what modifications are required?
5. Whether any changes are required in the extant eligibility conditions in respect of minimum net worth for inclusion in the Rules to be made under the Telecommunications Act, 2023 for the following service authorisations?
   i)News & Current Affairs TV Channel
   II)Non-news & Current Affairs TV Channel
   III)Teleport/ Teleport Hub
   
   
6. Whether the extant eligibility requirement in respect of minimum net worth is required to be harmonized under the terms and conditions of authorisation for DTH and HITS services?