The Telecom Regulatory Authority of India (“TRAI”) has through a Press Release dated 2nd February, 2021 issued its recommendations on a back reference from the Ministry of Information and Broadcasting (MIB) on TRAI’s earlier guidelines on the regulatory framework for platform services offered by direct-to-home (DTH) and cable operators.
MIB had proposed to adopt the certain recommendations on four issues, in respect of Platform Services offered by MSOs also by appropriately replacing the word “DTH” with “MSO” and requested TRAI to furnish its views on the above proposal. In December 2020, TRAI had released a consultation paper seeking views on regulatory guidelines recommended for DTH services, cable and multi-system operators (MSOs), who offer their own set of channels in addition to broadcaster-owned options. After considering all comments received from stakeholders during consultation process and further analysis of the issues, TRAI has now finalised its recommendations some of which are as follows:
- TRAI has no objection to accept Ministry’s view that anybody registered as a DPO, either with MIB or with post office, shall be eligible to carry Platform Services (PS) channels, provided that Ministry of Information and Broadcasting is able to specify compliance structure to ensure that those providing platform services make full disclosure on ownership status and comply to the Programme and Advertising codes. Further, it recommends that any person/ entity desirous of providing local news and current affairs as PS, or is already providing such services, must be incorporated as a company under the Indian Companies Act, 2013.
- A maximum of 15 PS channels may be offered by MSOs, IPTV Operators and HITS operators.
- TRAI also agrees with the suggestion that the ministry will obtain security clearance of all MSOs or local cable operators who wish to offer platform services and were not cleared by the ministry of home affairs at the time of registration. If at any time before the ministry obtains the clearance, it is determined that the programming service offered is inimical to India’s national security or to the public interest, the ministry may require the platform to withdraw from distribution or cancel registration.
- The regulator agrees that the platform services may be defined as programmes transmitted by DPOs exclusively to their own subscribers and do not include Doordarshan channels and registered TV channels. Platform services shall not include foreign TV channels that are not registered in India.
Please note that for any clarification/ information, one may contact Shri Anil Kumar Bhardwaj, Advisor (B&CS) at Tel. No.: +91-11-23237922.
Source: Telecom Regulatory Authority of India
