The Telecom Regulatory Authority of India (TRAI) will hold an Open House Discussion (OHD) on December 17 regarding the consultation paper on The Terms and Conditions of Network Authorisations to be Granted Under the Telecommunications Act, 2023. Multiple stakeholders have strongly opposed the consultation paper suggesting that TRAI should limit its recommendations to carriage-related aspects of broadcasting.
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.
Stakeholders including The Indian Broadcasting and Digital Foundation (IBDF), News Broadcasters and Digital Association (NBDA) and FICCI have strongly opposed the TRAI’s recommendation which proposes bringing broadcasting services under the authorization regime of the Telecommunication Act, 2023.
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.
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.”
Similarly, NBDA stated, “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 have asked the stakeholders to attend the virtual Open House Discussion on December 17.