TRAI releases Consultation Paper on Framework for Service Authorizations for provision of Broadcasting Services

The Telecom Regulatory Authority of India (TRAI) has today released a Consultation Paper on 'Framework for Service Authorizations for provision of Broadcasting Services under the Telecommunications Act, 2023'. The Ministry of Information and Broadcasting (MIB) through a letter dated 25th July 2024, sent a reference to TRAI informing that the Telecommunications Act, 2023 has been published in the Official Gazette of India. Section 3(1)(a) of the Telecommunications Act, 2023, which is yet to be notified, provides for obtaining an authorization by any entity/ person intending to provide telecommunication services, subject to such terms and conditions, including fees or charges, as may be prescribed.

In respect of the broadcasting services, the reference has apprised that many broadcasting platforms (which employ radio waves and spectrum for offering services) viz. DTH, HITS, IPTV, Uplinking/Downlinking of television channels (including teleports), SNG, DSNG, Community Radio, FM Radio etc. are issued license/ permission/ registration by MIB under Section 4 of the Indian Telegraph Act, 1885, which is replaced by the Telecommunications Act, 2023.
The Ministry also shared a background note providing the details of the policy guidelines of various licenses/ permissions/ registrations issued by MIB and the relevant sections of the Telecommunications Act, 2023 that may have a bearing on the terms and conditions of authorizations.

MIB, through the said letter dated 25.07.2024, under Section 11(1)(a) of the TRAI Act, 1997, requested TRAI to provide its recommendations on the terms and conditions, including fees or charges; for authorization to provide broadcasting services, with the objective of aligning it to the Telecommunications Act, 2023 and harmonizing the terms and conditions across various service providers, so that the terms and conditions for the authorizations of broadcasting services may be notified as Rules under the Telecommunications Act, 2023.

Accordingly, a Consultation Paper on 'Framework for Service Authorizations for provision of Broadcasting Services under the Telecommunications Act, 2023' has been placed on the TRAI's website (www.trai.gov.in) for seeking comments/ counter comments from the stakeholders. Written comments on the issues raised in the Consultation Paper are invited from stakeholders by 20th November 2024 and counter-comments by 27th November 2024, respectively.

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