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TRAI proposes new regulatory framework for ground-based broadcasters
The ‘Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022’ issued by the Ministry of Information and Broadcasting (MIB), containing the terms and conditions for TV broadcasting services, make it mandatory for the broadcasters to use satellite medium for providing their channels to the Distribution Platform Operators (DPOs).
The advancement of technology has made it feasible for broadcasters to provide their television channels to DPOs terrestrially also, i.e., using terrestrial communication technologies like wireline (e.g., cable/fiber, etc.) or wireless (e.g., cellular/microwave/Wi-Fi, etc.),/internet/cloud. The terrestrially transmitted channels can simultaneously be carried to multiple DPO networks for re-transmission.
Considering these developments, it is essential to establish an enabling framework to ensure that service providers can fully leverage technological advancements.
MIB, vide its letter dated May 22, 2024, has sought recommendations of TRAI on “Regulatory Framework for Ground Based Broadcasters” under Section 11(1)(a) of TRAI Act, 1997.
Accordingly, TRAI issued a Consultation Paper titled ‘Regulatory Framework for Ground-based Broadcasters’ on 18th October 2024. The comments and counter comments received in the consultation process are available on TRAI’s website. As part of the consultation process, Open House Discussion (OHD) was held on 20th December 2024.
Based on the comments, counter-comments received, inputs gathered during OHD, and its own analysis, TRAI has finalized the Recommendations on ‘Regulatory framework for Ground-based Broadcasters’.
Salient points of the recommendations are given below:
- The framework for Ground-based Broadcasters shall be similar to the framework contained in the ‘Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022’ for traditional satellite-based broadcasters, to the extent applicable to the ground-based broadcast model, duly excluding the provisions related to the satellite communication medium.
- The scope of Ground-based Broadcasters shall be to provide television channel(s) to Distribution Platform Operators (DPOs) using terrestrial communication medium for onward re-transmission.
- A ground-based broadcaster may use any terrestrial communication medium(s) to deliver channels to the DPOs. There shall be no restriction on the use of terrestrial communication technologies/systems, and the entity may use more than one such system as per its business decision.
- For the permitted channel, a Ground-based Broadcaster (GBB) can switch to or additionally use satellite medium for broadcasting with due permission of the Central government. Similarly, a Satellite-based Broadcaster(SBB) can switch to or additionally use terrestrial communication medium for broadcasting with due permission of the Central government.
- The service area for a Ground-based Broadcaster shall be at the National level.
- MIB may examine whether Free Ad-Supported Streaming Television (FAST) channels comply with the extant guidelines/policy framework. MIB may issue policy guidelines for such channels in consultation with TRAI if necessary.
- The Authority reiterated its recommendations on ‘Ease of Doing Business in Telecom and Broadcasting Sector’ dated May 2, 2023 to the extent applicable to Ground-based Broadcasters.
BCS Bureau