Choice of technology to distribute channels should be left to broadcasters: TRAI

The Telecom Regulatory Authority of India (TRAI) on Wednesday recommended that the choice of technology that a broadcaster wishes to use for providing its channels to DPOs (distribution platform operators) may be left to the service providers themselves.

The recommendations were issued by the authority on regulatory framework for ground-based broadcasters (GBB). TRAI had released its consultation paper in October last year seeking feedback from stakeholders on the introduction and regulation of non-satellite-based broadcasting technologies.

Currently, the broadcasting industry in India operates under the guidelines provided by the Ministry of Information and Broadcasting (MIB), which mandate that television channels use satellite-based uplinking and downlinking for distributing their content to Distribution Platform Operators (DPOs). However, with the advent of new technologies, broadcasters can now deliver TV channels through ground-based terrestrial technologies, potentially expanding distribution options for both broadcasters and DPOs.

These ground-based channels, like their satellite-based counterparts, can be distributed through multiple DPO networks and retransmitted to subscribers on commercial terms.

Recognizing this technological shift, TRAI aims to establish a regulatory framework that will facilitate the use of terrestrial broadcasting technologies while ensuring compliance with industry standards.

In its recommendations, TRAI said, “it is essential to establish an enabling framework for ground-based broadcasters so that the service providers are able to reap the benefits of technological developments. An enabling technology agnostic regime, which facilitates growth and technological developments, while protecting the consumer’s interest, needs to be promoted to foster overall growth. Therefore, the choice of technology that the broadcaster wishes to use for providing its channels to the DPO may be left to the service providers.”

“The existing regulatory framework for broadcasters mandates the use of satellite-based technologies for the delivery of television channels to Distribution Platform Operators (DPOs). However, advancements in technology have made it possible for broadcasters to utilize ground- based communication technologies other than satellite medium, for the delivery of television channels. If the regulatory framework does not permit terrestrial communication medium, then the service providers may not be able to reap the benefits of technological developments and use other communication medium options which may be comparatively advantageous.

“Therefore, a need is felt to create an enabling framework which facilitates the use of multiple communication technologies for delivery of content to DPOs by the broadcasters,” it said.

TRAI had earlier provided recommendations on the regulation of platform services to MIB in November 2014, which included some elements related to ground-based broadcasting. However, according to a letter from MIB dated May 22, 2024, the context of these recommendations has evolved since 2014.

After reviewing the developments, MIB has requested fresh recommendations from TRAI to align with the current broadcasting landscape under Section 11(1)(a) of the TRAI Act, 1997.

Satellite-based broadcasting means providing programming services using satellite-based communication medium for delivery of channels to the distributors of television channels.

Ground-based broadcasting means providing programming services through terrestrial communication medium using ground infrastructure (other than satellite- based communication medium) for delivery of channels to the distributors of television channels.

Terrestrial Communication Medium means a communication medium using ground infrastructure, which includes but not limited to wireline (e.g. cable/fibre, etc.)/wireless (e.g. cellular/microwave/Wi-Fi, etc.)/internet/cloud or any other equipment/system other than satellite medium.

In its recommendations, TRAI reiterated that a regulatory framework for Ground-based Broadcasters (GBBs) should be established.

“The framework for Ground-based Broadcasters shall be similar to the framework contained in the ‘Guidelines for Uplinking and downlinking of Satellite Television Channels in India, 2022’ for traditional satellite-based broadcasters, to the extent applicable to the ground-based broadcast model, duly excluding the provisions related to satellite communication medium.

“Thus, authorization from IN-SPACe and frequency assignment from WPC wing of Department of Telecommunications, Ministry of Communication shall not apply for Ground-based Broadcasters. However, Ground-based Broadcasters shall be subject to all other clearances and approvals such as clearance by the Ministry of Home Affairs, and wherever considered necessary, by other authorities,” it said.

It further said that the scope of Ground-based Broadcasters shall be to provide television channel(s) to DPOs using terrestrial communication medium, for onward re-transmission.

“A Ground-based Broadcaster may use any terrestrial communication medium(s), for delivery of channels to the DPOs. There shall be no restriction on the use of terrestrial communication technologies/systems and the entity may use more than one such systems, as per its business decision,” TRAI said.

It also recommended that if a GBB intends to use satellite-based communication medium for a channel, either in replacement or in addition to terrestrial communication medium, the entity shall be required to obtain permission/authorisation for satellite-based broadcasting for that channel.

“In such cases, the entity shall submit an undertaking that it shall ensure continuity of services to the DPOs with whom it has valid interconnection agreements,” it said.

In case a GBB intends to switch to or additionally use satellite-based communication medium for the same channel, the permission holder/authorised entity may be permitted to do so with prior permission/authorisation from the Central Government.

“The Authority reiterates its recommendations on ‘Ease of Doing Business in Telecom and Broadcasting Sector’ dated 2nd May 2023 to the extent applicable to Ground-based Broadcasters.

“The Authority recommends that MIB may examine whether FAST channels are compliant with the extant guidelines/policy framework. If necessary, MIB may issue necessary policy guidelines for such channels in consultation with TRAI,” it said.