Is TRAI eyeing greater control over broadcasting?

The swift evolution of digital content and connectivity is driving a policy tug-of-war over control of the broadcasting sector. As both the Telecom Regulatory Authority of India (TRAI) and the Ministry of Information and Broadcasting (MIB) seek regulatory oversight, tensions over jurisdiction might have been escalating, said sources close to developments. TRAI, which already regulates tariff and distribution aspects of broadcasting, has repeatedly called for a convergence approach.

In its latest move, TRAI released a consultation paper on October 30, 2024, proposing to unify broadcasting—encompassing television, radio, and cable services—under the Telecommunications Act, 2023, a shift that could redefine regulatory boundaries in India’s media landscape.

In respect of broadcasting services, the paper notes that several platforms (such as DTH, HITS, IPTV, and FM Radio), which use radio waves and spectrum, currently operate under licenses granted by MIB according to Section 4 of the Indian Telegraph Act, 1885. This section grants the Central Government exclusive privilege to issue licenses, from which MIB draws its powers for issuing licences/permissions and registrations. However, under the Telecommunications Act, 2023, authorisation for these broadcasting services would need to shift to Section 3(1)(a) once the appointed date is notified.

“After enactment of the Telecommunications Act, 2023, it is crucial that the existing policy guidelines governing broadcasting services, administered by MIB are also required to be aligned with the provisions of the Telecommunication Act 2023, so that the terms and conditions for the authorisation to these broadcasting services may be notified as rules under the Telecommunication Act, 2023,” the paper said.

"The shift, if implemented, would place broadcasting licenses under a unified telecommunications framework, enhancing TRAI’s regulatory control over the sector,” said broadcasting policy experts.

To start with, TRAI’s reference to shifting all broadcast licensing under the Telecommunications Act, 2023, instead of the previous Indian Telegraph Act, 1885, implies an intent to unify regulatory frameworks under a more expansive telecommunications mandate, which could increase TRAI's control over broadcasting operations.

“Registration for the cable services would continue to be governed by the Cable Television Networks (Regulation) Act, 1995. However, for other broadcasting services, the authorisation may have to be obtained under the Telecommunication Act 2023,” said the paper.

TRAI also appears to be drafting new terms and conditions for service authorisations, which would encompass detailed operational and compliance requirements for entities within the broadcasting sector. This includes the possibility of civil penalties for non-compliance with TRAI's rules, reinforcing TRAI's oversight capabilities.

The Telecommunications Act, 2023 empowers the Central Government to establish enforcement mechanisms for spectrum usage, including adherence to terms, efficient spectrum use, and preventing interference.

“This will likely involve TRAI’s oversight in ensuring broadcasters' compliance, especially in how they use the radio spectrum for services like FM radio and television,” said sources.

“These changes collectively reflect TRAI's efforts to expand its jurisdiction over broadcasting by setting a regulatory foundation that strengthens its oversight, aligning broadcasting with telecommunications regulatory standards, and incorporating additional compliance and enforcement mechanisms,” they added.

Many question if this is simply another approach to implementing 'convergence.'

In its 2023 consultation paper on ‘Regulating Converged Digital Technologies and Services,’ TRAI highlighted the pressing need for convergence in India. The paper spoke at length about overlapping functions, such as IPTV, governed by both DoT and MIB, resulting in administrative overlaps.

While DoT handles internet service licensing, broader internet matters fall under MeitY. Similarly, DoT oversees data services, while MeitY manages policies on data centers and APIs, with OTT content regulation now split between MeitY and MIB. Website blocking remains with MeitY, executed through DoT, illustrating complex jurisdictional boundaries in digital services.

As the industry awaits stakeholder comments on the latest TRAI consultation paper, could the overlapping authority of multiple ministries hinder the path to a streamlined framework, and what does this mean for the future of regulatory coherence in India’s broadcasting sector?

Only time will tell.