As a part of this course of, the regulator has additionally proposed transitioning the broadcasting business from a licencing regime to an authorisation-based system.
Underneath the present pointers, licences, permissions, and registrations for varied broadcasting companies are issued by the MIB below Part 4 of the Indian Telegraph Act, 1885, masking TV channels, DTH, HITS, and cable TV companies.
Nonetheless, with the Indian Telegraph Act, 1885, now repealed and changed by the Telecommunications Act, 2023, Part 3(1)(a) of the brand new Act mandates authorisation for broadcasting companies, topic to prescribed phrases, situations, and charges.
Key suggestions embody lowering the DTH authorisation price to three% of adjusted gross income (AGR), with a gradual discount to zero by the top of FY27.The authority has additionally instructed that the MIB take into account bringing multi-system operator (MSO) and native cable operator (LCO) registrations below the purview of the Telecommunications Act, 2023. The TRAI famous that the provisions associated to registration below the Cable Tv Networks (Regulation) Act, 1995, could also be repealed, whereas content material regulation of broadcasting companies will proceed to be ruled by that Act.The regulator additionally noticed that the query of whether or not over-the-top (OTT) platforms must be introduced below the authorisation framework requires additional examination by a separate session course of. In the course of the session course of, stakeholders reiterated that OTT platforms must be included within the authorisation framework to make sure parity with different broadcasting companies.
Moreover, the TRAI has really helpful eradicating the minimal internet price requirement of Rs 100 crore for web service suppliers (ISPs) providing IPTV companies, aligning it with the provisions of web service authorisation below the Division of Telecommunications (DoT).
For Headend-in-the-Sky (HITS) companies, the TRAI has really helpful lowering the financial institution assure from the present Rs 40 crore for the preliminary three years to Rs 5 crore for the complete validity interval. One other key suggestion is extending the validity interval of authorisations from 10 years to twenty years.
The TRAI has additionally proposed that the authorisation price for radio broadcasting must be 4% of AGR for all cities and a couple of% for the North East, Jammu & Kashmir, and island territories. Presently, the annual price for radio is both 4% of gross income (GR) or 2.5% of the Non-Refundable One-Time Entry Charge (NOTEF), whichever is larger, for all cities. For the North East, Jammu & Kashmir, and island territories, the annual price was 2% of GR or 1.25% of NOTEF for the primary three years, after which it aligned with different cities.
Based mostly on stakeholder suggestions, the TRAI has additionally instructed bringing Free Advert-Supported Streaming Tv (FAST) service suppliers below the authorisation framework by a separate session course of. The regulator acknowledged that the MIB might take into account a definite authorisation class for FAST channels below tv channel distribution companies. The TRAI mentioned it will present detailed situations for FAST service authorisations as soon as it receives a reference from the MIB.
The migration of current licensees or permission holders to the brand new authorisation regime can be voluntary till their present licences or permissions expire. No processing price or entry price can be required for migration within the case of broadcasting companies. Nonetheless, the validity interval of the brand new service authorisation will start from the efficient date of migration, whatever the remaining validity of the present licence or permission.
The regulator has additionally really helpful that tv distribution platforms ought to try to undertake interoperable set-top bins (STBs), enabling customers to modify service suppliers with out altering their STB. This initiative goals to reinforce client selection and scale back digital waste. The Telecommunication Engineering Centre (TEC) will set up and notify requirements for interoperable STBs and tv units with built-in STB performance.
On 25 July 2024, the MIB despatched a letter to the TRAI looking for suggestions on the authorisation course of for broadcasting companies, aligning it with the Telecommunications Act, 2023, and harmonising phrases and situations throughout varied service suppliers.
The TRAI has really helpful that broadcasting service authorisations be granted below Part 3(1)(a) of the Telecommunications Act, 2023, changing the present follow of issuing licences and permissions below Part 4 of the Indian Telegraph Act, 1885. The phrases and situations for service authorisations can be notified as guidelines below Part 56 of the Telecommunications Act, 2023.
To safeguard the pursuits of service suppliers, the TRAI has really helpful that amendments to service authorisation phrases and situations—besides in issues of nationwide safety—ought to require TRAI’s suggestions.
The regulator has additionally really helpful voluntary infrastructure sharing amongst broadcasting service suppliers and with telecom service suppliers or infrastructure suppliers, wherever technically and commercially possible.
Lastly, the TRAI has proposed making the phrases and situations for radio broadcasting service know-how agnostic, facilitating the adoption of digital know-how. The MIB must also set up separate programme and commercial codes for radio broadcasting service suppliers.
