TRAI proposes new broadcasting authorisation framework under telecom act

The Telecom Regulatory Authority of India (TRAI) has released its recommendations on the framework for service authorisations for broadcasting services under the Telecommunications Act, 2023. This is a move initiated to streamline regulations, enhance ease of doing business, and align broadcasting service policies with the new telecom law.

What is Changing?

Previously, licenses for broadcasting services such as television uplinking/downlinking, DTH, FM radio, and IPTV, were issued under the Indian Telegraph Act, 1885 by the Ministry of Information and Broadcasting (MIB). With the Telecommunications Act, 2023, the process will now be governed under Section 3(1)(a) of the new law, simplifying authorisations and ensuring uniformity across services.

Why the New Framework?

The MIB sought TRAI's recommendations in July 2024 to define terms, conditions, and fees for broadcasting service authorisations in line with the Telecommunications Act, 2023. TRAI launched a consultation paper in October 2024, inviting stakeholder comments. Based on industry feedback and analysis, TRAI has now proposed a simplified framework to govern broadcasting services.

Key Recommendations from TRAI

• Broadcasting services will be authorised under Section 3(1)(a) of the Telecommunications Act, 2023, replacing the previous licensing model under the Indian Telegraph Act, 1885. A structured authorisation document will be issued, containing essential service details.
• New services like Ground-Based Television Broadcasting and Low Power Small Range Radio Service have been introduced. Existing license holders can voluntarily migrate to the new regime without additional processing or entry fees.
• The DTH service authorisation fee will be reduced from 8% of Adjusted Gross Revenue (AGR) to 3%, and ultimately eliminated by the end of FY 2026-27.
•  Radio broadcasting fees have been standardised at 4% of AGR, with reduced fees for Northeast states, Jammu & Kashmir, and island territories.
• Bank guarantees and processing fees for services like DTH, HITS, and IPTV have been reduced, making business operations more affordable.
• Interoperable Set-Top Boxes (STBs) will be encouraged to enhance consumer choice and reduce electronic waste.
• Infrastructure sharing between broadcasting and telecom providers will be allowed on a voluntary basis.
• Digital adoption for radio broadcasting will be facilitated, making it technology-agnostic.
• Amendments to service authorisation terms will require TRAI’s recommendations, except in cases of national security.
• The frequency assignment for Terrestrial Radio Services will be delinked from service authorisations, allowing separate spectrum auctions.

The proposed framework simplifies regulations and makes it easier for businesses to operate in the broadcasting sector. By reducing fees, promoting interoperability, and allowing voluntary infrastructure sharing, TRAI’s recommendations encourage greater investment, innovation, and consumer benefits.