Inappropriate to introduce broadcast licensing under Telecom Act: Broadcasters to TRAI

The Telecom Regulatory Authority of India (TRAI) held an Open House Discussion (OHD) on December 18, 2024 on its Consultation Paper on Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023. Industry stakeholders representing broadcasters, IBDF, NBDA, telecom service providers and DTH players took part in this OHD.

The general consensus was that broadcasting services be not brought under the Telecom Act. Industry stakeholders firmly insisted that such a move would undermine the unique identity of broadcast services.

Sibonay Sagar, submitting on behalf of the IBDF, stressed on looking at TRAI’s role as defined by the TRAI Act, which has been specific to the technical aspects of telecommunications such as interconnections. She pointed out, “Content regulation, as submitted in more detail, and the regulations fall under the purview of the MIB, such as the Cable Television Act and the Uplinking and Downlinking guidelines. The proposed framework in this Consultation Paper blurs the lines between these distinct areas of responsibilities. It would be inappropriate to introduce a broadcast licensing framework under the Telecommunications Act, considering that the Act is not encumbered by a large portion of what the Broadcast Act also covers, which includes content regulation.”

Sagar stressed on the need to recognise the distinction between broadcasting and telecommunication. “We want to reiterate that broadcasting content is merely a utility service. It is a creative and expressive medium protected by Constitutional rights, and this distinction would underscore the need for a separate regulatory framework,” she maintained.

Times Network’s Sanjay Agarwal, who was representing NBDA, also stressed that broadcasting services are very different from telecommunications services. He pointed out, “Telecom service is a medium which enables the conversation of communication and does not interfere with the content, whereas the broadcasting service is a creative and expressive medium and the main emphasis is on the content and it appears to the target audience. With the technological advancements it is now possible to get delivery of broadcasting services through telecom infrastructure, however, in no manner can it be suggested that broadcasting service is a telecom service. It has a separate identity, which should be maintained.”

He further emphasised that the content and delivery of the broadcasting services could not be combined into one and make broadcasting service lose its identity. “Hence, it is important that the content and carriage have to be kept separate,” he urged.

ABP Network’s Raj Kumar Varier, representing NBDA, pointed out that Section 3 and 4 under the new Telecom Act is only for the purpose of DTH and IPTV that the telecom license is issued, and maintained that broadcasters do not fall under the definition of telecommunications.

Meanwhile, Bharti Airtel’s Rahul Vatts stressed on bringing OTT platforms under the ambit of the regulatory framework to ensure fair competition. He pointed out, “OTT platforms are delivering broadcast content via broadband or mobile, and hence, they must be brought under the authorisation framework based on the principle of same service, same rules.”