The Indian Broadcasting and Digital Foundation (IBDF) has strongly opposed the Telecom Regulatory Authority of India’s (TRAI) consultation paper on the Framework for Service Authorizations for Broadcasting Services under the Telecommunications Act, 2023. The broadcasters’ association has urged TRAI to limit its recommendations strictly to carriage-related aspects of broadcasting that fall within its statutory authority.
On October 30, TRAI issued the consultation paper seeking comments and feedback from stakeholders. In its submission, IBDF stated that the proposed authorization framework exceeds TRAI’s jurisdiction by attempting to regulate content through licensing conditions.
“These submissions focus on TRAI’s attempt to enter the content domain through the proposed authorization framework — an expansion of power that we believe is neither contemplated by the TRAI Act, 1997, nor permissible under the broader legislative framework governing broadcasting in India,” IBDF stated.
IBDF further argued that the consultation paper aims to create an authorization framework for broadcasting services under the Telecommunications Act, 2023, but this exercise appears to go beyond TRAI’s statutory mandate.
“Under Section 11(1)(a) of the TRAI Act, 1997, TRAI’s powers are limited to making recommendations on the ‘need and timing for the introduction of new service providers’ and the ‘terms and conditions of licenses.’ The current consultation seeks to fundamentally alter the regulatory framework for broadcasting by bringing it under a telecommunications licensing regime. This goes well beyond TRAI’s remit of making recommendations on license terms and conditions,” IBDF stated.
The IBDF strongly recommended that TRAI limit its recommendations to carriage-related aspects of broadcasting and explicitly exclude all content-related matters from any proposed authorization framework. It also called for resolving constitutional questions about the validity of content regulation before creating new regulatory frameworks.
The Federation of Indian Chambers of Commerce & Industry (FICCI) also recommended that TRAI exclude broadcasting services from the Telecommunications Act’s authorization regime.
In its response to TRAI, FICCI stated, “Broadcasting was brought under ‘telecommunication services’ in 2004 to extend TRAI’s jurisdiction over distribution services as a stopgap measure, not to equate broadcasting with telecommunications. Frequent regulatory changes disrupt industry operations and frustrate consumers, leading to potential migration to alternative platforms.”
FICCI suggested that TRAI focus its recommendations on the carriage aspects of broadcasting, stating, “The regulatory role of the Act should focus on areas like signal transmission and spectrum allocation. Rules and regulations related to content should not be made under the Telecommunications Act, 2023. Content regulation must remain under dedicated legislation, such as the proposed Broadcasting Services Regulation Bill, and within the jurisdiction of the Ministry of Information and Broadcasting (MIB) to ensure consistent and clear governance.”
Additionally, FICCI recommended maintaining broadcasting as a distinct sector under its existing regulatory framework, avoiding overregulation, and strengthening self-regulation mechanisms for content rather than imposing stricter regulations.
Similarly, The News Broadcasters and Digital Association (NBDA) has strongly opposed the consultation paper issued by the Telecom Regulatory Authority of India (TRAI), which proposes bringing broadcasting services under the authorization regime of the Telecommunication Act, 2023.
“Notably, TRAI’s present consultation disregards these developments, suggesting an approach that could reintroduce similar requirements under the Telecommunications Act—potentially in a more restrictive form. This appears to be an attempt to impose telecommunication style authorizations on broadcasting, an incongruity that suggests the need for TRAI to collaborate with MIB on a coherent, unified broadcast regulation strategy.”
TRAI has now closed the consultation for the Framework for Service Authorizations for Broadcasting Services and will announce the date for Open House Discussion on the consultation paper with the stakeholders.