They said this can further slow down growth and innovation in the broadcasting sector, which is already grappling with challenges arising from shifting consumer behaviour and rapid technological advancements.
The executives also pointed out that the ministry is unlikely to act on the Telecom Regulatory Authority of India’s (TRAI’s) recommendations, given that the Broadcast Services Regulation Bill—which aims to establish a broader regulatory framework for television, digital and OTT platforms—is being revived after it was put on the backburner last year due to a backlash.
Since 2020, TRAI has issued 17 recommendations to reform the country’s broadcasting sector, including responses to a couple of back references from the ministry.
“Most of the recommendations were made in response to references sent by the ministry to TRAI. If the ministry isn’t inclined to act on them, it raises questions about the purpose of these consultation exercises,” said a top executive of a leading TV distribution company.
The recommendations address a wide range of issues, including the direct-to-home (DTH) licence fee, sharing of local cable infrastructure with telecom and internet service providers to boost wired broadband penetration, and inputs for the National Broadcasting Policy (NBP), which is being developed to foster a vibrant broadcasting ecosystem.TRAI’s recommendations on market structure and competition in cable TV services—specifically, amending the Cable TV Act to allow infrastructure sharing between local cable operators (LCOs) and telecom/internet service providers—are also pending with the ministry.Abhishek Malhotra, senior advocate with two decades of experience in broadcasting and telecom regulation, said TRAI’s role as a regulator has itself come under strain, from both the telecom and broadcasting perspectives.
“While the Telecom Act, 2023 seeks to reduce the role of the regulator, the relationship between TRAI and the MIB has been cautious and not necessarily collaborative. With the proposed Broadcasting Services Bill, there is an effort to expand MIB’s powers, potentially bypassing the regulator or introducing a new independent regulatory body,” he said. “As a result, despite several pending TRAI recommendations, the MIB is proceeding cautiously, aware that the new bill may alter the regulatory landscape.”
Recently, TRAI submitted its recommendations on the Framework for Service Authorisations for Provision of Broadcasting Services under the Telecommunications Act, 2023. These include a shift from a licencing regime to an authorisation-based system. The regulator also proposed reducing authorisation fees and bank guarantee requirements for certain broadcasting distribution services and reiterated its earlier recommendation to phase out DTH licence fees by the end of FY27.
According to the legal head of a leading entertainment service, the ministry is unlikely to implement TRAI’s recommendations in a piecemeal manner. “Ideally, they would want to incorporate the relevant TRAI recommendations into the Broadcast Bill, if required. It’s unlikely they will implement them individually at this stage,” the person said, requesting not to be named.
“Industry stakeholders have been engaging with the MIB, urging expedited policy decisions to help stabilise the cable TV sector,” said Sunil Punj, a veteran media executive. He said encrypting DD Free Dish is a key industry demand, as it could significantly impact market dynamics.
Other pending recommendations include the listing of TV channels in the Electronic Programme Guide, upgrading DD Free Dish to an addressable platform, as well as broader issues related to ease of doing business and promoting local manufacturing in the TV broadcasting sector.
