NBDA calls TRAI’s bid to include broadcast services within Telecom Act a flawed move

The Telecom Regulatory Authority of India (TRAI) on October 30, 2024 issued a Consultation Paper seeking comments/ feedback from stakeholders on the draft authorisation framework and the terms and conditions of broadcasting service authorisations to be included in the Rules to be made under the Telecommunications Act, 2023.

Sharing its comments on TRAI’s proposal, the News Broadcasters and Digital Association (NBDA) submitted that the basic premise of including broadcasting services within the authorization regime under the Telecommunication Act, 2023 is flawed and incorrect. NBDA further stated that all the questions posed in the CP appear to be predicated on an implicit assumption that “broadcasting services” are inherently integrated within the scope of “telecommunication services”.

While stressing that TRAI should withdraw the CP, NBDA maintained that broadcasting service cannot be clubbed under the umbrella of Telecommunication Services. NBDA pointed out, “The broadcasters of television channels are required to obtain permission from the Ministry of Information and Broadcasting (MIB) under the Uplinking and Downlinking Guidelines. They are not required to obtain any license under Section 4 of the Indian Telegraph Act, 1885 (Telegraph Act) as noted in the CP, nor can such permission be construed as grant of license under Section 4 of the Telegraph Act.”

The Associated further noted that the present regime under the Telecommunication Act, 2023 is itself not settled – various provisions of the Act are under challenge, and are sub-judice before various courts of law. “The CP is premised on the seamless integration of broadcasting services under the Telecommunication Act, however, there exist several loose ends. Under such circumstances and lack of any procedural or legislative clarity, bringing broadcasting services within the ambit of the authorization regime under the Telecommunication Act can further complicate the process and yield no benefit.”