TRAI has said that regulatory practices should allow freedom to innovate, adopt and harness emerging technologies in the broadcasting sector. The comment came on observations that with technological disruptions and digitization, new services have come up and new players are becoming part of the platforms and different devices, offering consumers varied choices of accessing content besides appointment TV.
“The fundamental principle and objective behind any regulatory framework should be to create a non-discriminatory, level playing field-based competitive environment where all players have equal opportunity to compete and grow irrespective of underlying technology, thereby, resulting in the sector’s overall growth.
“Broadcasting sector often faces challenges as similar content is now available on television, smart screens, and smartphones. A technology-neutral approach ensures healthy competition, preventing any one technology or platform from gaining an unfair advantage over another because of regulatory arbitrage. Further, embracing technology neutrality encourages innovation, ensures fair competition, and provides consumers with a wide range of choices,” said TRAI on Thursday in its recommendations on the National Broadcasting Policy.
It noted that enabling light-touch regulatory practices and having a technology-neutral approach are instrumental for the growth of the sector. Further, simplifying compliances and encouraging single-window clearance would ensure ease of doing business and enhance investments.
“The authority has noted that to encourage ease of doing business in the broadcasting sector, MIB had launched the ‘BroadcastSeva’ portal to make the permission/approval processes online and also revamped the portal. However, the inter-ministerial permission process may also be made fully online for making the processes 100% digitized, as an ongoing process.
“The Authority, therefore, is of the opinion that MIB should digitize the process of granting permissions, approvals and clearances under a single window system to create an enabling environment for attracting long-term foreign and domestic investment for the growth of sector,” TRAI said.
Following are the recommendations of TRAI in this regard:
Simplifying and digitizing permission process and adoption of growth-oriented rules and regulatory practices
Processing grant of ‘Infrastructure Status’ to the broadcasting sector for raising capital for investment in newer technologies.
Simplifying rules for promoting business flexibility, healthy competition and orderly growth of the sector.
Encouraging ease of doing business in the broadcasting sector by digitizing the process of granting permissions, approvals and clearances under a single window system to create an enabling environment for attracting long-term foreign and domestic investment for the growth of the sector.
Streamlining Right of Way (RoW) processes and standardizing RoW charges across all states for laying cables and erecting towers by utilizing a single window clearance and centralized payment system.
Enabling infrastructure sharing of broadcasting equipment and transport streams among the service providers of the broadcasting and cable television sector and also leveraging the infrastructure of telecom service providers for the provision of broadcasting services.
The authority had sought comments from stakeholders on what policy and regulatory measures are required, beyond the existing ones, to facilitate the growth of the broadcasting sector with ease of compliance.
TRAI noted that some stakeholders argued against the necessity of regulating OTT services, while others advocated for regulatory measures to ensure parity among different service providers.
Those stakeholders who did not want regulation of OTT services said that OTT being a sunrise sector needs a forward-looking policy approach, while TV requires an action plan for resilience. Moreover, the infrastructure pipes for the delivery of broadcasting and OTT are distinct and require specialised policy/regulatory oversight.
They had said that TV is a push-based medium and OTT is a pull-based medium, therefore, transposing legal broadcasting regulations onto OTT would affect ease of doing business (EoDB) and hinder growth.
TRAI noted that as per stakeholders there was no requirement for establishing a converged legal, administrative, regulatory, and licensing framework and rather, the focus should be on promoting EoDB in the sector by streamlining the process of seeking permissions. One of the ways to promote this is by granting ‘Infrastructure Status’.
On parity in regulations, stakeholders had demanded content parity, a regulatory level playing field between DPOs, OTT and Free Dish as cable TV operators are not able to show the content which is shown on the OTT platforms by the same broadcasters, due to selective sharing of content.
“Disparity in the regulatory structure and pricing structure of OTT platforms need to be addressed and suitable measures are needed for level playing field. Regulating OTT platforms will promote healthy market competition as it will ensure price parity.
“TRAI should ensure that all the platforms delivering similar and/or substitutable services adhere to a common and equitable regulatory framework,” TRAI noted as the submission of stakeholders.
In a response related to infrastructure sharing, one of the stakeholders submitted that a holistic method to infrastructure sharing that extends beyond cable and broadband services is needed.
Stakeholders had also submitted that the NBP must adopt a policy of forbearance for all stakeholders irrespective of the medium and allow the market forces to govern the industry, particularly the linear broadcasting industry.
They have also said that the broadcasting policy should facilitate innovations, development of an eco-system of convergence of the latest technologies like AI and cloud, and increase broadband penetration for a digitally-enabled India.
Analysing views of the stakeholders, TRAI asserted that policies and regulations within the broadcasting sector should foster growth and development of the sector.
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