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

As per the extant guidelines for various broadcasting services, licenses/permissions/ registrations are issued by Ministry of Information and Broadcasting (MIB) under Section 4 of the Indian Telegraph Act, 1885 for provision of broadcasting services, like, television channel uplinking/downlinking (including Teleport), satellite news gathering (SNG)/ digital satellite news gathering (DSNG), direct-to-home (DTH), headend-in-the-sky (HITS), internet protocol television (IPTV), FM Radio, and community radio stations (CRS).

The Government has notified the Telecommunications Act, 2023 in the Gazette of India, which repeals the Indian Telegraph Act, 1885. However, the appointed date for various sections of the Telecommunications Act, 2023 is yet to be notified. Section 3(1)(a) of the Telecommunications Act, 2023 mandates authorisation for those intending to provide telecommunication services, subject to the terms and conditions, including fees or charges, as may be prescribed.

MIB, vide its letter dated July 25, 2024, has sought recommendations of TRAI under Section 11(1)(a) of TRAI Act, 1997 on the terms and conditions, including fees or charges; for authorisation to provide broadcasting services, aligning it to the Telecommunications Act, 2023 and harmonising the terms and conditions across various service providers.

Accordingly, on October 30, 2024, the authority initiated a consultation process by releasing a Consultation Paper titled ‘Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023′ and sought stakeholder’s comments. In response, the comments and counter comments received from the stakeholders were uploaded on TRAI’s website. As part of the consultation process, open house discussion (OHD) was held on December 18, 2024.

Based on the comments and counter-comments received from stakeholders as well as inputs gathered during OHD, examination of the existing provisions of various broadcasting policy guidelines, considering relevant earlier recommendations of TRAI that are under consideration of the government, and its own analysis, TRAI has collated and restructured the terms and conditions into a simplified authorisation framework. The terms and conditions are aligned to the relevant provisions of the Telecommunications Act, 2023. Accordingly, TRAI has finalised its Recommendations on ‘Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023’. The recommendations aim to promote growth and enhance ease of doing business in the sector.

The recommended authorisation framework provides for two distinct sets of terms and conditions, the first set, for the applicant entity intending to obtain authorisation for broadcasting services; and the second set, to comply with by the authorised entity for service provisioning during the period of authorisation.

These two sets of terms and conditions should be adopted while framing the Rules, namely, ‘The Broadcasting (Grant of Service Authorisations) Rules’ and ‘The Broadcasting (Television Channel Broadcasting, Television Channel Distribution, and Radio Broadcasting) Services Rules’.

The recommended authorisations for broadcasting services include those for Television Channel Broadcasting (Satellite-based/Ground-based), News Agency for Television Channel(s), Teleport/Teleport Hub, Uplinking of Live event/news/footage by Foreign Channel/News Agency, DTH Service, HITS Service, Terrestrial Radio Service, Community Radio Stations and Low Power Small Range Radio Service.

Some of the salient points of the recommendations are given below:

  • Broadcasting service authorisations shall be granted under Section 3(1)(a) of the Telecommunications Act, 2023, in place of the extant practice of issuing license/permission under Section 4 of the Indian Telegraph Act, 1885. Terms and conditions for service authorisations shall be notified as Rules under Section 56 of the Telecommunications Act, 2023.
  • Grant of service authorisation under Section 3(1)(a) should be in the form of an authorisation document containing essential details pertaining to the service. The format of the authorisation document has been recommended.
  • The terms and conditions for ‘Grant of Service Authorisations’ have been harmonised for similar services and covers eligibility criteria, application process and other relevant details/information required by an applicant entity before applying for service authorisation.
  • Migration of existing licensee/permission holder to new authorisation regime shall be voluntary, till the expiry of their license/permission. Further, no processing fee or entry fee will be required for migration, in case of broadcasting services. However, the validity period of the respective service authorisation should be from the effective date of migration to the authorisation regime, irrespective of the validity period of existing license/permission.
  • Addition of new services, namely, ‘Ground-based Broadcasting of a Television Channel’ and ‘Low Power Small Range Radio Service’, based on earlier recommendations of the authority.

In addition to harmonisation of financial requirements, harmonisation of common terms and conditions, roll out obligations for similar services (DTH and HITS), provisions enabling infrastructure sharing, provisions applicable in case of emergency/disaster, monitoring and inspection, contravention of rules, applicable Program Code and Advertisement Code for television broadcasting /distribution services and that for all Radio broadcasting services has been recommended.