The Telecom Regulatory Authority of India (TRAI) has released a Consultation Paper on ‘Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023’.
The Ministry of Information and Broadcasting (MIB) through a letter dated July 25, 2024, sent a reference to TRAI informing that the Telecommunications Act, 2023 has been published in the Official Gazette of India.
Section 3(1)(a) of the said Act which is yet to be notified, provides for obtaining authorisation by any entity or person intending to provide telecommunication services, subject to such terms and conditions, including fees or charges, as may be prescribed.
As per TRAI, in respect to the broadcasting services, the reference has apprised that many broadcasting platforms (which employ radio waves and spectrum for offering services) viz. DTH, HITS, IPTV, Uplinking or Downlinking of TV channels (including teleports), SNG, DSNG, Community Radio, FM Radio, etc. are issued licence or permission or registration by MIB under Section 4 of the Indian Telegraph Act, 1885, which is replaced by the Telecommunications Act, 2023.
The Ministry also shared a background note providing the details of the policy guidelines of various licences or permissions or registrations issued by MIB and the relevant sections of the Telecommunications Act, 2023 that may have a bearing on the terms and conditions of authorisations.
MIB, through the said letter dated July 25, 2024, under Section 11(1)(a) of the TRAI Act, 1997, 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 harmonising 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.
Accordingly, a Consultation Paper on ‘Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023’ has been released for seeking comments or counter comments from the stakeholders. Written comments on the issues raised in the Consultation Paper are invited from stakeholders by November 20, 2024, and counter-comments by November 27, 2024, respectively.
