Consultation paper on Regulatory framework for Ground-based Broadcasters

Telecom Regulatory Authority of India Consultation paper on Regulatory framework for Ground-based Broadcasters 18 October 2024 World Trade Centre 4th, 5th,6th & 7th Floor, Tower F Nauroji Nagar New Delhi-110029 Website: www.trai.gov.inWritten comments on the consultation paper are invited from the stakeholders by 15.11.2024. Counter-comments, if any, may be submitted by 29.11.2024. The comments and counter-comments will be posted on TRAI’s website www.trai.gov.in. The comments and counter-comments may be sent, preferably in electronic form to Shri Deepak Sharma, Advisor (B&CS), Telecom Regulatory Authority of India on advbcs-2@trai.gov.in and jtadv-bcs@trai.gov.in . For any clarification/information, please contact Shri Deepak Sharma, Advisor (B&CS) at Tel. No.: +91-11-20907774. iiINDEX Chapter No. Topic Page No. I Introduction and Background 1 II Regulatory framework for Ground-based 8 broadcasters III Summary of Issues for consultation 36 Glossary List of Acronyms 41 Annexures and Appendix Annexure I MIB reference dated 22.05.2024 42 Annexure II MIB’s Policy Guidelines for Uplinking 44 and Downlinking of Television channels dated 9.11.2022 iiiCHAPTER I INTRODUCTION AND BACKGROUND A. The Broadcasting sector in India 1.1 Over the past few decades, the television broadcasting sector has undergone a paradigm shift from a single terrestrial TV channel to multi-channel multi-platform television services. This sector is a sunrise sector having huge potential to contribute towards the growth of the Indian economy. The industry is a vibrant, dynamic, and fast evolving sector that showcases India's technological expertise and rich cultural diversity. 1.2 Various industry reports have been providing the projections of the Media and Entertainment (M&E) industry. Different reports present different estimates. As per an industry projection1, the M&E sector, constituting of varied segments like television, digital media, print, films, online gaming, animation and visual effects (VFX), live events, music, radio, and Out-of-Home media (OOH) grew by ₹173 billion from 2022 to reach ₹2.32 trillion in 2023. It is estimated that the sector is expected to reach ₹3.08 trillion by 2026 at a CAGR of around 10%. The media and entertainment sector in India accounts for about 0.9% of GDP, compared to 3 to 4% for many of the developed countries2. 1.3 The broadcasting sector consists of Television and Radio Services. The Television services are delivered through cable TV services, Direct-To- Home (DTH) Service, Headend in the Sky (HITS) services and Internet Protocol television (IPTV) services. As per an industry report3, the TV 1 https://assets.ey.com/content/dam/ey-sites/ey-com/en_in/topics/media-andentertainment/2024/ey-in-india-s-media-entertainment- sector-is-innovating-for-the-future-03-2024- v1.pdf 2 https://www.ciiblog.in/indian-media- entertainmentindustry/#:~:text=The%20Media%20%26%20Entertainment%20sector%20remains,are%20much%20 below%20global%20levels 3 FICCI EY Report (March 2024) titled “#Reinvent -India’s media & entertainment sector is innovating for the future” 1universe consists of approximately 62 million cable TV households, 2 million HITS subscribers. In addition, as reported by the pay DTH operators to TRAI, there were 61.97 million4 pay DTH total active subscribers as on 31.03.2024. Further, reported subscriber base by the IPTV operators was 0.5 million4 as on 31.03.2024. 1.4 The TV broadcasting sector encompasses approximately 333 broadcasters providing 922 private satellite TV channels as on 31.03.20245. These television channels include 258 SD pay TV channels and 103 HD Pay TV channels provided by 41 television broadcasters. Further, there were 880 Multi System Operators (MSOs)6, 1 HITS operator4, 4 pay DTH operators and 33 IPTV operators4. Further, as per the information provided by MIB, there were 81,706 cable operators registered in the country. 1.5 Prasar Bharati, is the Public Service Broadcaster in India which operates radio network- All India Radio (Akashvani) & Television Network (Doordarshan). Prasar Bharati also operates DD Free dish, the only Free-to-Air (FTA) DTH Service which is the largest distributed DTH platform in India. DD Free Dish reaches millions of people especially in rural, remote, inaccessible and border areas having low income and is used as a tool not only for entertainment but also for promoting education, health, and agriculture. As per industry estimates, there were around 45 million DD Free Dish households3. 1.6 The revenue of Indian television industry stands at Rs 69,600 crore3 in the year 2023 as compared to Rs 70,900 crore3 in the year 2022, thereby registering a decline of around 1.8%. Subscription revenue accounts for a major share of the overall industry revenue increased 4 As reported to TRAI 5 https://new.broadcastseva.gov.in/digigov-portal-web-app/ 6 https://www.mib.gov.in/all_broadcasting_documents 2from Rs. 39,200 crore3 in the year 2022 to Rs. 39,900 crore3 in the year 2023. Further, advertisement revenue has decreased from Rs 31,800 crore3 in the year 2022 to Rs. 29,700 crore3 in the year 2023. B. Reference from MIB 1.7 The Telecom Regulatory Authority of India (TRAI) in its recommendations on ‘Restructuring of cable TV Services’ dated 25 July, 2008 had, inter alia, recommended that LCOs shall be permitted to transmit their ground based channels, which will be subjected to Programming code and Advertisement code as prescribed in the Cable Television Network (Regulation) Act, 1995 and any other instructions issued by MIB from time to time. As part of the recommendations, MIB was requested to issue detailed guidelines for provision of ground- based channels by LCOs. 1.8 Subsequently MIB vide their letter dated 17 January 2013, sought recommendations of TRAI under section 11 (1) (a) (ii), (iii) and (iv) of TRAI Act, 1997 (as amended) on the issues related to local ground- based channels of cable TV operators. 1.9 During the consultation process on the above-mentioned issue, it emerged that there are several channels carried on the cable TV networks that are not PS channels, satellite-based or Doordarshan channels. The Authority believed that the channel operators, who produce and own the rights to the programming content of these channels largely follow the same processes to create, assemble and distribute these channels, as the traditional satellite-based channels, and, therefore, they are de facto broadcasters. However, the main difference between their process and the traditional satellite-based broadcasters (The broadcaster using satellite-based communication medium is termed as SBB and that using terrestrial communication 3medium is termed as GBB) was that they transmit the channel for retransmission at the headend of the DPO7 terrestrially and there is no requirement of uplinking/downlinking of such channels to/from satellite. 1.10 The owners of these channels transmit the content terrestrially to the headend of the cable TV network, i.e., there is no uplinking or downlinking of the channel and the DPOs retransmit them on commercial terms to the subscribers. These channels may be distributed on one or more cable TV networks, simultaneously. They are also like traditional satellite-based channels in respect of the genres of program content, and the carrying of advertisements. The ad-revenue accrues to the channel owner. Consequently, these ground-based broadcasters have all the rights for the content carried and are responsible for the same. However, in the absence of a clear regulatory framework they cannot register their ground-based channel with the Ministry of Information and Broadcasting (MIB) and, therefore, they are not legally recognized as ‘broadcasters’ either. 1.11 The Authority was of the view that in regulatory terms, the framework for both - the traditional satellite and ground-based broadcasters - ought to be the same, except to the extent that some of the permissions and clearances, such as those for spectrum usage from Department of Space (DoS) and Wireless Planning & Coordination (WPC) Wing, may not be required. 1.12 Accordingly, the Authority had forwarded its recommendations on Regulatory Framework for Platform Services to MIB on 19th November 2014 which included recommendations related to ‘Regulatory framework for Ground-based broadcasters’. 7 Multi System Operators (MSOs), Direct to Home (DTH), Headend in the Sky (HITS) and Internet Protocol Television (IPTV) operators 41.13 In this regard, vide its letter dated 22.5.2024 (Annexure-I), MIB has referred to TRAI recommendations on "Regulatory Framework for Platform Services" dated 19.11.2014 and Chapter III therein including recommendations on "Regulatory Framework for Ground Based Broadcasters". In its above referred letter MIB has, inter-alia stated that they have examined the recommendations in relation to regulation of platform services and issued the guidelines for the same with the approval of the Competent Authority on 30.11.2022. MIB has further mentioned that during the course of the examination of the recommendations of TRAI for the Ground Based Broadcasters (GBBs) in the Ministry, it was felt that the context in which the recommendations were made by TRAI may have changed since the year 2014 and there may be a need to look into the matter afresh due to the following reasons: i) Advent of High-Speed Wired/Wireless Internet in recent times and its potential impact on GBBs: As TRAI recommendations on 'Regulatory Framework for Ground Based Broadcasters" were published way-back in the year of 2014, several dynamics have changed in the world of wired/wireless Internet in recent times. There has been a huge rise of digital television platforms and the shift towards the subscription-based revenue models in recent times. Further, the enhanced penetration of high-speed Internet in various parts of the country especially in rural areas may allow GBBs to employ Internet in their operations. ii) Issuance of Platform Services Guidelines in variation with TRAI recommendations: TRAI recommendations on "Regulatory Framework for Platform Services” were published in the year of 2014, the guidelines for registration of PS channels were issued on 3O.11.2O22. These guidelines differed from the 5recommendations from TRAI on certain matters like number of PS channels to be allowed on an MSOs' network. These variations may require certain amendments in the earlier recommendations from the TRAI on GBBs as the PS Channels and GB Channels are closely related and therefore recommendations and regulations for both need to be synchronised. iii) Updated Uplinking and Downlinking Guidelines, 2O22: When TRAI recommendations on "Regulatory Framework for Platform Services" were published way back in the year of 2014, "Uplinking and Downlinking Guidelines" dated 05.11.2011 issued by the ministry were in force. While, updated "Uplinking and Downlinking Guidelines" 2022 have been issued by the Ministry of Information and Broadcasting, the regulatory and operational scope of traditional broadcasters might have altered to an extent. The recommendations from TRAI on the regulation of GBBs make substantial references to the Uplinking and Downlinking Guidelines, which has been updated since then. iv) Consultation with Ground Based Broadcasters: TRAI while submitting its recommendations dated 19.11.2014 on "Regulatory Framework for Platform Services" invited suggestions via public domain and held Open House Discussions (OHDs) with stakeholders involved. However, it is felt that GBBs did not participate in large numbers in the consultation process as the main focus was on PS Channels. As the recommendations seek to regulate GBBs, thorough consultations are necessary with them before enacting guidelines. 1.14 In view of the above, MIB has requested TRAI for fresh review and recommendations on “Regulatory Framework for Ground Based Broadcasters” under Section 11(1)(a) of TRAI Act, 1997. 61.15 Pursuant to the above-mentioned reference by MIB dated 22.05.2024, a pre-consultation meeting with few stakeholders was held at TRAI office on 01.08.2024, wherein the stakeholders put forth their views on the matter and a few of them have submitted written comments thereon. C. Scope of this consultation paper 1.16 The scope of this consultation paper is limited to regulatory framework for ground-based broadcasting services including communication technology options to be allowed and conditions/restrictions, if any, to be imposed for such broadcasters for providing their channels to the Distribution Platform Operators (DPOs). D. Structure of this Consultation Paper 1.17 This consultation paper (CP) has been divided into three chapters. Chapter II discusses issues related to regulatory framework for ground-based broadcasters. Chapter III presents a summary of issues for consultation. 7CHAPTER II REGULATORY FRAMEWORK FOR GROUND-BASED BROADCASTERS 2.1 MIB issued Guidelines for Uplinking and Downlinking of Satellite Television channels from time to time containing terms and conditions for TV broadcasting services. The said guidelines provided for mandatorily use of satellite medium i.e. uplinking and downlinking of television channels through satellite and therefore, apparently restricts use of terrestrial communication medium. The latest Guidelines for Uplinking and Downlinking of Satellite Television channels was issued on 9 November 2022. For the ease of reference, these are reproduced under Annexure II. 2.2 The advancement of technology has enabled the broadcasters to transmit their television channels for retransmission at the headend of the DPO terrestrially also. There is no requirement for uplinking or downlinking of such channels. Like traditional TV channels, ground- based channels may also be carried on more than one DPO network simultaneously. The owners of these channels may transmit the content terrestrially to the head end of the DPO and the DPOs retransmit them on commercial terms to the subscribers. However, there is no clear regulatory framework for such ground-based broadcasters. 2.3 The broadcaster using satellite-based communication medium has been termed herein as SBB and that using terrestrial communication medium has been termed herein as GBB. 2.4 GBBs may utilize a variety of advanced technologies such as cloud- based platforms, broadband networks, fibre technology, etc., to transmit and distribute their content efficiently to the DPOs. These technologies include cloud-based platforms, which allow broadcasters 8to store, manage, and deliver content seamlessly through the Internet, ensuring flexibility and scalability in content distribution. Broadband networks play a crucial role in enabling high-speed data transmission, making it possible for GBBs to deliver high-quality video streams, including live broadcasts, to DPOs via the Internet. Additionally, fibre technology continues to be an important medium, facilitating the delivery of television channels to DPOs through fibre-optic networks. Such technologies may enable GBBs to provide a wide range of consistent, high-quality content to DPOs. Some of the technologies that may be used in GBB ecosystem and that by satellite-based broadcasting ecosystem are shown in Figure 1. Satellite Transmission Cloud Internet Transmission Leased Wireless Link Leased Fiber Wireline Broadcaster DPO Figure 1: Satellite-based broadcasting and ground-based broadcasting 2.5 However, reach may be an issue in case of some technologies that may be used for Ground-based broadcasting. Some ground-based broadcasters have a very limited reach i.e. they may provide their channels to DPOs of a few thousand viewers in a district/State while others may offer their channels to multiple national-level DPOs thereby achieving a viewership of more than a few million spanning several States in India. 92.6 In order to enable broadcasters to reap the benefits of technological developments, it is essential to establish a regulatory framework for ground-based broadcasters. The alternate technologies may potentially offer a comparable viewership to that of satellite-broadcast, sometimes at a significantly lower cost. If the regulatory framework for broadcasting does not permit terrestrial communication medium, then the broadcasters 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 remove any restrictions which may obstruct use of multiple communication technologies for delivery of content to DPOs by the broadcasters. The forthcoming paragraphs discuss the issues related to regulatory framework for ground-based broadcasters. A. Definition, Scope and Service Area 2.7 The definition of ‘Broadcaster’ and ‘programme’/ ‘programming service’ as provided the Cable Television Networks (Regulation) Act, 19958 is reproduced as under: “(aii) “Broadcaster” means a person or a group of persons, or body corporate, or any organisation or body providing programming services and includes his or its authorised distribution agencies;” (g) “programme” means any television broadcast and includes— (i) exhibition of films, features, dramas, advertisements and serials; (ii) any audio or visual or audio-visual live performance or presentation, and the expression “programming service” shall be construed accordingly; 8 As defined in the Article 2(aii) and (g) of the Cable Television Networks (Regulation) Act, 1995, as amended, available at https://www.indiacode.nic.in/bitstream/123456789/15345/1/the_cable_television_networ ks_%28regulation%29.pdf 102.8 The Cable TV Networks Rules,1994 defines the Broadcasters as follows: “Broadcaster” means any person including an individual, group of persons, public or body corporate, firm or any organization or body who/which is providing programming services and includes his/her authorized distribution agencies;”9 2.9 The Prasar Bharati (Broadcasting Corporation of India) Act, 1990 Act10 defines the “Broadcasting” as follows: “broadcasting” means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro-magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed; accordingly,” 2.10 The draft “Broadcasting Services (Regulation) Bill 202311, which was issued by MIB on 7.12.2023 for public consultation, defined the “Broadcasting” and “Broadcaster” as follows: ““Broadcaster” means a person who provides programming services and has been provided a registration under Section 11 for uplinking or downlinking of programmes, and in relation to Radio, OTT and Terrestrial broadcasting network, means the operator of such service; 9 As defined under Rule 2(aa) of the Cable TV Networks Rules,1994, as amended, available at https://trai.gov.in/sites/default/files/CableTelevisionNetworksRules1994.pdf 10 As provided under section 2(c) of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990, available at https://prasarbharati.gov.in/prasar-bharati-act/ 11 As provided under section 2 (1) (f) & 2 (1) (i) of the MIB’s draft "BROADCASTING SERVICES (REGULATION) BILL, 2023” available at https://mib.gov.in/sites/default/files/Public%20Notice_07.12.2023.pdf 11“Broadcasting” means one-to-many transmission of audio, visual or audio-visual programmes using a broadcasting network, intended to be received or made available for viewing, by the general public or by subscribers of the broadcasting network, as the case may be, and the expression “broadcasting services” shall be construed accordingly; NOTE: The draft “Broadcasting Services (Regulation) Bill 2023 was issued on 10th November 2023 by MIB12 for comments/ feedback from Stakeholders with due date of 09th December 2023. Subsequently, the deadline for stakeholder’s comments/ feedback was extended till 15th January 202413. MIB is holding a series of consultations with the stakeholders on the draft bill. Further additional time has been provided to stakeholders to submit comments/ suggestions till 15th October, 2024. A fresh draft will be published by MIB after detailed consultations.14 2.11 As per the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 (as amended) (hereinafter called the Interconnection Regulation 2017)15, the definition of “Broadcaster” and “Broadcasting services” are as follows: “broadcaster” means a person or a group of persons, or body corporate, or any organization or body who, after having obtained, in its name, downlinking permission for its channels, from the Central Government, is providing programming services;” “Broadcasting services” means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro-magnetic waves 12 Public Notice issued by MIB dated 10th November 2023 (downloaded from MIB website on 09/10/2014) 13 Public Notice issued by MIB dated 7th December 2023 (downloaded from MIB website on 09/10/2014) 14 Source: https://x.com/MIB_India/status/1823028351935672507 15 https://www.trai.gov.in/sites/default/files/CR_18072024.pdf 12through space or through cables intended to be received by the general public either directly or indirectly and all its grammatical variations and cognate expressions shall be construed; accordingly,” 2.12 The abovementioned definitions of ‘broadcasting’ or ‘broadcasting services’ mentioned in the pre-paras does not specifically mention about the medium of broadcasting i.e. whether it is satellite-based or ground- based/terrestrial. However, the definition of ‘broadcaster’ at some places do mention about uplinking/downlinking, which relate to use of satellite. 2.13 Further, as mentioned in TRAI recommendations on "Regulatory Framework for Platform Services" dated 19.11.2014, the main difference between platform services (PS) and ground-based TV channels is that in the case of a PS channel the legal rights to broadcast the content, the responsibility thereof and the ad-revenue received therefrom belongs to the DPO on whose network the PS channel is being carried. Whereas for a ground-based channel even though it is retransmitted on the same DPO’s network, the rights for the content, responsibility thereof and the ad-revenues therefrom belong to the channel owner i.e. the ground-based broadcaster and not the DPO. Further, a PS channel can only be distributed to the DPO’s own subscribers. In contrast, the ground-based broadcaster, like a traditional satellite-based broadcaster, is not confined to any one TV distribution network. Its programs/channels may be simultaneously broadcast/transmitted to multiple DPOs for further retransmission. 2.14 Following the pre-consultation meeting, the Authority received comments from some stakeholders on the definition of ground-based broadcasters and Regulatory framework for GBBs. In this regard, one of the stakeholders opined that Ground based Broadcasters are terrestrial broadcasters and are an important part of the overall 13business value chain of the Digital Cable TV industry and the definition of Ground Based Broadcaster can be as follows: “Ground Based Broadcasters are entities registered with MIB and provide programming services in the form of a channel to various Distribution Platform Operators and does not include any channels being transmitted as satellite channel as per the Policy Guidelines for Uplinking and Downlinking of Satellite Television Channels issued by the MIB, or Platform Services provided by DPO’s, or channels provided by Prasar Bharti, or any channel operated by or on behalf of Parliament of India”. 2.15 Another stakeholder opined that the definition of Ground-based Broadcasters should be as follows: “Ground Based Broadcasters are broadcasters that provide programming content through channels to Distribution Platform Operators through terrestrial means and exclude satellite linear channels registered with the MIB. Regulatory framework for ground-based channels shall be the same as the framework contained in the Uplinking and Downlinking guidelines of MIB for satellite-based broadcasters.” 2.16 Yet another stakeholder was of the view that ground-based broadcasters’ channels should not be included as PS; they are a class apart and the ground-based channel operators are, in effect, broadcasters. The definition of Ground based Broadcaster should be as follows: “Ground based Broadcasters means any person or a group of persons, or body corporate, or any organisation or body providing programming services in the form of a channel (except the channels transmitted as satellite channel as per the downlinking and 14Uplinking guidelines of MIB or platform services provided by DPO’s, or channels provided by Prasar Bharti, or any channel operated by or on behalf of Parliament of India) to various distribution platforms operators, and are registered with MIB for distributing such channels as Ground Based Broadcaster. (Explanation: The rights and responsibility for the content, and the ad-revenues therefrom belong to the channel owner i.e. the ground- based broadcaster and not the DPO, however ground-based broadcaster may allow to share the advertisement revenue with DPO, if commercially agreed.) 2.17 Another stakeholder was of the view that there should be only one category - Broadcasters. A broadcaster who is broadcasting to public through satellite, cable, social media, fibre, cloud, P2P, broadband or any other means should be called a Broadcaster because that entity is Broadcasting, that is communicating with public. The technology should not change the definition of the act being committed by the entity – Broadcasting. The stakeholder further mentioned that Indian's broadcasting sector is at a crucial stage where it needs to embrace new, better ways of transmitting. This is why the government should allow TV channels to broadcast via cloud, fibre or broadband. Transitioning to cloud, fibre, and broadband broadcasting is a forward-thinking approach that addresses the limitations of satellite space, reduces costs, and embraces technological advancements as well as greater control while providing better viewing option to the citizens. It offers improved quality, scalability, and flexibility, while also supporting regional diversity and environmental sustainability. For the future growth and modernization of India's television broadcast industry, it is imperative that the government facilitates this transition by removing the condition of “mandatory" satellite based uplinking and downlinking 15and adding the option of using Fibre/Cloud/broadband for content delivery. 2.18 Another important issue for consideration is the service areas in which GBB may be permitted to operate. A well-delineated service area framework would help address issues related to content distribution, advertising markets, and consumer reach, fostering a competitive yet orderly broadcasting environment especially keeping in mind limited reach of some of the GBBs. Considering the smaller reach of some of the ground-based broadcasters, one may opine that GBBs may be permitted to operate at National level and State level and a GBB may be permitted to operate in multiple states. In such a situation another issue for consideration is that as to what should be the obligations/terms & conditions for permission/authorisation at National and State level and whether a State-level GBB may be permitted/authorised to provide services in more than one State after obtaining separate authorisation for each State. 2.19 In case a State-level broadcaster is allowed to provide services in more than one State, it will enable them to transmit content across various regions, potentially targeting different demographics and catering to diverse linguistic, cultural, and regional preferences. When a broadcaster is permitted to operate in multiple states, it allows for a wider audience base and the opportunity to establish a pan-regional or even national presence. 2.20 Therefore, it is imperative that an exhaustive definition of broadcaster, satellite-based broadcasting, ground-based broadcasting, scope of service and the service area for them be provided for under the Regulatory framework intending to govern the ground-based broadcaster. Further, it is important to consider whether any distinction is required to be made between the broadcasters using satellite medium and terrestrial medium for delivery of content to DPOs 16in the regulatory framework. Also, whether the definition of broadcaster may be required to be broadened to make it independent of communication medium used for delivery of content to DPOs by broadcasters i.e. all communications mediums may be allowed. Issues for consultation Q1. For the purpose of regulatory framework for ground-based broadcasters, do you agree with the draft definition for broadcaster, programme, Satellite-based broadcasting and Ground- based broadcasting given below? If not, please suggest alternative definitions. Please elaborate your response with full justification. “broadcaster” means a person or a group of persons, or body corporate, or any organization or body who, after having obtained, in its name, authorization from the Central Government for its channels, is providing programming services;” “programme” means any television broadcast and includes- i) exhibition of films, features, dramas, advertisement and serials; ii) News & current affairs, Non-news & current affairs, educational content iii) any audio or visual or audio-visual live performance or presentation, and the expression “programming service” shall be construed accordingly;” “Satellite-based Broadcasting” means providing programming services using satellite-based communication medium for delivering channels to the distributors of television channels.” 17“Ground-Based Broadcasting” means providing programming services using terrestrial communication medium for delivering channels to the distributors of television channels.” Q2. Should there be any distinction between ground-based broadcasters (GBB) and the satellite-based broadcasters (SBBs)? If so, what aspects/criteria should define such distinction? Please provide detailed justification for your response. Q3. Under the scope of GBBs, should all terrestrial transmission medium(s) (excluding satellite communication) such as fibre, broadband, cloud, etc be permitted? If not, please provide detailed justification for your response. Q4. Whether GBBs should be permitted/authorised to provide services in two separate categories i.e. (i) at State level, and (ii) at National level? If State level category for GBB are considered, then should such State level GBB may be allowed to obtain separate permissions/ authorisations in more than one State or there may be some ceiling on number of State-wise permissions/authorisations beyond which national level permission/authorisation must be obtained? B. Regulatory Framework 2.21 A regulatory framework for ground-based broadcasting in India is essential to ensure a fair, transparent, and orderly growth of the sector. Ground-based broadcasting may play an important role in disseminating information, entertainment, and education to a diverse population. Given its potential influence on public opinion and its ability to reach vast audiences, a well-defined regulatory framework is 18necessary to maintain the integrity of content, protect consumer interests, and ensure level playing field and equitable access to broadcasting resources. Such a framework may help in preventing monopolistic practices, and promoting competition. Additionally, as technological advancements and digitalization transform the broadcasting landscape, a robust regulatory framework is needed to reap the benefits of technological developments and address emerging challenges, such as intellectual property rights, content regulation, etc. Thus, the establishment and continuous evolution of regulations in this sector are crucial for fostering a balanced and thriving media environment in India. 2.22 In respect of the ground-based broadcasters, there is a lack of clarity regarding the applicable regulatory framework. The key differences between traditional satellite and ground-based broadcasting lie primarily in the communication medium of content transmission and their reach. Like traditional satellite broadcasters, ground-based broadcasters are not restricted to a single satellite-based transmission network. Their programs or channels can be broadcast or transmitted to multiple Distribution Platform Operators (DPOs) using various/multiple terrestrial communication mediums, for further retransmission. 2.23 Pursuant to the pre-consultation meeting, stakeholders submitted their views with respect to the regulatory framework on GBB. One of the stakeholders opined that ground-based broadcasters are not operating using satellite technology; therefore, the Uplinking and Downlinking guidelines are not applicable to them. However, the other regulations like the Cable TV Act including its Amendments, Programming and Advertising Code prescribed by MIB and respective Interconnect, Tariff and QoS regulations prescribed by TRAI, should be applicable to GBB. Considering the size of GBB, the Tariff Regulations & Interconnect 19Regulations may need to be relaxed. The key indices which need to be considered while framing regulatory framework for GBB shall be: i. The GBB shall not be bound by “Must Provide” and “Must Carry” regulations, as it is technically not feasible/viable for them to provide their content to each DPO across the country. ii. There should not be any condition related to provision of “Exclusive” content/programming services/channel to any DPO. iii. The Net Worth requirement for GBB should be relaxed so that it does not become an entry barrier and the entrepreneurs, who are creating content and working on small scale, can make their business viable. 2.24 Another stakeholder opined that the Regulatory framework for ground- based channels shall be the same as the framework contained in the Uplinking and Downlinking guidelines of MIB for satellite-based broadcasters. 2.25 Yet another stakeholder was of the view that all the Regulations applicable on traditional broadcasters be applicable on Ground-Based Broadcasters, such as: a. Signing of Interconnection Agreements: Signing of agreement would give clarity of the terms between the GBB & DPO and would demonstrate that the terms are non-discriminatory. Execution of the Agreement would reduce the disputes also and would bring transparency. b. Must Provide: In our opinion, must provide clause should be there as mentioned in the existing Interconnection Regulation due to following reasons: i. Absence of Must Provide clause would lead to arbitrary denial of providing the GB channels to the seeker. ii. In case any Ground Based channel is owned by one MSO and the same channel becomes very popular, then the owner MSO 20may refuse or avoid providing the channel to its competing MSO. The consequence of which may shift of a few LCOs to the MSOs having those channels form the MSO not having channel. iii. This would create an imbalance on the ground. While sharing ground-based channel with all MSOs would create parity. iv. However, if it is not feasible for GBB to provide the channels in certain areas due to technical or other constraints, the same may be denied on the same terms as mentioned in the existing regulation. v. In the absence of “Must Provide” this would lead to Monopoly. vi. Denial of GB Channels would have the effect of Exclusivity, which is the basic difference between PS & GB Channels. vii. In view of above, we suggest that “Must Provide” clause should be there in the regulations. c. Must Carry: i. Must Carry clause would give parity for the GBB on the platforms of MSOs, ii. This clause should be on the same lines of existing regulations, as giving right of refusal on the terms as mentioned in the regulations. The stakeholder also mentioned that non applicability of Regulation on GBB would lead to creating a big loophole in the system, as those traditional broadcasters who do not want to follow or want to get out of regulations, will shift to GBB mode. This will create havoc and lots of confusion, as some of the broadcasters are under the regime of regulations and others are under forbearance, which means the channels which are under forbearance may have different pricing and the channels under regime would have different pricing, while the channel would be the same. In addition, GBB may enter into fix fee 21deal for the similar channel, while broadcaster under regulatory regime would be charging the fee on the basis of subscriber base. Likewise, there would be many more issues would arise and would make the situation a total mess. The stakeholder further mentioned that GBB being a new scenario should be regulated with light touch, and commercial terms may be put under forbearance. Further the Net worth requirement for Ground based broadcaster should be there, so that only serious players could enter into this business. 2.26 Another stakeholder was of the view that existing regulatory framework should be applicable to all broadcasters. While an entity broadcasting via satellite in a linear format of TV broadcasting requires security clearances and other norms of national security and programming code, the same is not applicable to an entity broadcasting on YouTube, cable, cloud or any other non-linear non-satellite mode. It is both unfair and unjustifiable. The net worth needed to start a news channel is Rs 20 cr. while no such requirement exists for a non-satellite broadcaster. This net worth clause should also be removed and a level playing field should be provided to all. 2.27 The existing Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022, regulate satellite-based broadcasters across various aspects. These guidelines address important areas such as roll-out obligations, performance bank guarantees, security deposits, procedures and timelines for granting permissions or authorizations, compliance with content regulations, necessary approvals and clearances, validity of permissions, renewal and termination of licenses, withdrawal of authorization, disclosure norms, etc. One may opine that to ensure a level playing field, it is essential that these provisions may also be applied to ground-based 22broadcasters (GBBs). This will help establish consistent standards across the broadcasting industry, promoting fairness and regulatory alignment. 2.28 With respect to the regulatory framework for Ground-Based Broadcasters (GBBs), several key aspects require consideration which include the fee structure (Processing fee, annual fee), eligibility requirements (Net worth, etc.), Obligations (PBG, Roll Out, etc.), requirements for GBB Hub (if any) for distribution, the requirement for transmission only through registered DPOs, the application of the extant TRAI regulations/tariff orders, etc. Additionally, the issues related to use of terrestrial transmission medium by SBB or use of satellite -based transmission medium by GBB and broadcast of a permitted channel by an existing satellite-based broadcaster/ground- based broadcaster using additional transmission medium(s) needs to be considered. These issues are discussed in the forthcoming paragraphs. Annual fee 2.29 The annual permission fee under the existing Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022 for SBB is a recurring fee that broadcasters must pay to MIB to maintain their permissions for operating TV channels. This fee is a mandatory requirement for both uplinking (sending signals to satellites) and downlinking (receiving signals from satellites) and is a key part of the regulatory framework governing satellite-based broadcasting in India. 2.30 The existing Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022 prescribes the following annual permission fees: 23Sr. Type of Permission Annual No. Permission Fee (in ) 1. Teleport Two lakh per Teleport 2. Uplinking of TV Channel Two lakh per Channel 3. Downlinking of TV Five lakh per Channel from India Channel 4. Downlinking of a channel Fifteen lakh from outside India per Channel 5. Uplinking of a foreign Two lakh per channel from channel Indian teleport 2.31 The existing satellite-based broadcaster (SBB) pays a cumulative permission fee of Rs. 7 lakh per year for both the uplinking and downlinking a channel. The main issue for consideration is whether similar kind of annual fee may be levied on GBBs. Issue for consultation Q5. An SBB pays a cumulative annual permission fee of Rs. 7 lakhs (Rs. 2 lakhs for uplinking + Rs. 5 lakhs for downlinking) per channel. Whether GBB should be mandated to pay the same amount of annual fee of Rs. 7 lakh per channel? If not, what should be the annual fee for GBBs? Please provide detailed justification for your response. Teleport Hub 2.32 The present Guidelines for Uplinking and downlinking of Satellite TV Channel in India, 2022 lays down the definition of “teleport” under clause 2(t), the same is reproduced hereunder: “(t) 'Teleport’ means an earth station facility from where multiple TV channels carrying audio, video content can be uplinked to a 24geostationary satellite on permitted frequency band, with due approval of WPC;”16 2.33 The said Guidelines also defines teleport hub under clause 2(u), the same is reproduced hereunder: “(u) ‘Teleport Hub’ means set-up of teleports for uplinking of TV channels where multiple antennas are installed for different satellites, and for each antenna for each satellite, Wireless Operating License from WPC is required to be obtained;”17 2.34 In simpler terms, a teleport hub is a central station that helps broadcasters send their TV channels to satellites, from where they are further transmitted to distribution platforms. The existing guidelines for Uplinking and downlinking of Satellite TV Channel in India, 2022 in Part II prescribes requirements for teleport/teleport hub i.e. in the current regulatory framework for SBBs, the uplinking and downlinking guidelines of 2022 provide clear provisions for the establishment and operation of teleports or teleport hubs, which are essential for content distribution via satellite communication. 2.35 Though for GBB, uplinking of a channel is not required for which provision of teleport/ teleport hub have been made in the uplinking and downlinking guidelines, instead a GBB may use its computer/server to directly deliver content through terrestrial transmission medium to DPOs. Therefore, it is important to assess whether provisions are required for GBB for any hub or gateway that they may need to set up for the distribution of TV channels. 16 As provided under clause 2(t) of the Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022, available at https://mib.gov.in/sites/default/files/Guidelines%20for%20Uplinking%20and%20Downhinking%20of%20Satellit e%20Television%20Channels%20in%20India%2C%202022.pdf 17 As provided under clause 2(u) of the Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022, available at https://mib.gov.in/sites/default/files/Guidelines%20for%20Uplinking%20and%20Downhinking%20of%20Satellit e%20Television%20Channels%20in%20India%2C%202022.pdf 25Issue for consultation Q6. Provisions for teleport/teleport hub exists in the uplinking/ downlinking Guidelines 2022 for broadcaster using satellite communication. Whether similar provisions are required in relation to any hub/gateway that may be required to be set up for distribution of TV channels by GBBs? If so, what should be the corresponding provisions? Please elaborate with justification. Regulatory framework for GBB operating at State level 2.36 If a GBB is permitted to operate at State level, then the next issue for consideration would be as to what should be the regulatory provisions for a GBB operating at State level. 2.37 In this regard, in its recommendations on "Regulatory Framework for Platform Services" dated November 19, 2014, TRAI had recommended the following: “15. The MIB may establish a regulatory framework for ground-based broadcasters. The framework shall be the same as the framework contained in the Uplinking/ Downlinking Guidelines of MIB for traditional satellite-based broadcasters, to the extent applicable to the ground-based broadcast model. Thus, clearances/ permissions for spectrum usage from the DoS and WPC shall not apply. 16. Considering the smaller reach of some of the ground-based broadcasters, the Authority recommends that a State should be taken as a unit and a reach in 15 or more States should be taken as a pan- India presence. The States that are members of the North Eastern Council (NEC) may be considered to be equivalent to one State, for this purpose. At the pan-India level, a ground-based broadcaster shall take on the same obligations as a traditional satellite-based broadcaster. A 26smaller footprint shall entail a pro rata obligation equivalent to 7% of the traditional satellite-based broadcasters’ obligation, for every State that the channel is distributed. The pro rata reduction shall be applicable to the net-worth requirement, permission and annual fee. 2.38 One may opine that a Nationwide GBB has a pan-India presence and, therefore, their regulatory obligations should be a maxima and the smaller reach of GBBs operating at State level needs to be factored in by calibrating their obligations, such as on fees and net worth and other applicable requirements, on a pro rata basis. The question then is how to choose an appropriate metric to calibrate the obligations inter se, between a GBB operating at National level and a GBB operating at State level. Given the regional, social and linguistic diversity of India coupled with practical difficulties in getting accurate and reliable data on reach and viewership, a clear linear relationship may not exist. 2.39 One opinion could be that in line with TRAI’s earlier recommendations for State level - fee structure (Processing fee, annual fee), Minimum Networth requirement and Performance Bank Guarantee (PBG), may be fixed on a pro rata basis at 7% of that applicable to Nationwide GBB. 2.40 Another way could be that instead of a uniform 7% of that applicable to Nationwide GBB as mentioned in preceding para, the percentage for each State may be different based on criteria such as TV subscriber base in the State, population of the state, State GDP etc. Issue for consultation Q7. If a GBB is permitted to operate at State level, then what should the regulatory provisions for a GBB operating at State level which include: a) Processing Fee b) Annual Fee 27c) Net worth Requirement d) Performance Bank Guarantee (PBG) e) Other regulatory provisions Application of extant Regulations/Tariff Orders of TRAI 2.41 To enable the television broadcasting sector to realize the gains of digitization, Telecom Regulatory Authority of India (TRAI), after a due consultation process, brought a comprehensive regulatory framework for Digital Addressable Systems (DAS) on 3rd March 2017. This framework comprises of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 [hereinafter called Interconnection Regulation], the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 [hereinafter called QoS Regulation] and the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 [hereinafter called Tariff Order] for providing broadcasting services. The sector has been functioning under this framework since January 2019. A few amendments have also been issued to the Interconnection Regulation, QoS Regulation and Tariff Order. 2.42 The above-mentioned existing framework also mandates "Must Carry" and "Must Provide" provisions. The "Must Carry" provision mandates Distribution Platform Operators (DPOs) to carry specific channels on fair terms, while the "Must Provide" provision obligates broadcasters to make their channels available to DPOs on fair terms. These provisions ensure a balanced, fair, and competitive broadcasting environment while promoting consumer access to diverse content. The main issue for consideration is whether “Must Carry" and "Must Provide" provisions, may be mandated on GBBs. In the case of GBBs, the main 28issue that require consideration is related to additional cost including cost of the bandwidth i.e. in case "Must Carry" and "Must Provide" provisions, are mandated on GBBs then who should bear the bandwidth/ any other additional costs. Normally, the additional costs may be borne by the parties involved based on their mutual agreement. However, in case the broadcaster and DPO fail to reach an agreement on costs involved, then in such a situation, one may opine that in case of “Must Carry," broadcasters should bear the cost of bandwidth/ any other additional cost involved as they are impressing their need on the DPO and similarly, in case of “Must Provide," the DPOs should bear the cost of bandwidth / any other additional cost as they want the broadcasters to provide their channels for distribution on their platform. 2.43 Therefore, the main issue for consideration is whether extant Tariff Order, Quality of Service Regulation and Interconnection Regulation be applied to GBB or some modifications are required in the same for GBBs. Issue for consultation Q8. Whether the extant Tariff Order, Interconnection Regulation and Quality of Service Regulation may be applied mutatis mutandis to GBB? Please explicitly indicate, if any modifications are required in the said Tariff Order, Interconnection Regulation or Quality of service Regulation for GBBs. Q9. (a) The extant interconnection regulation provides for “Must Carry” and “Must Provide” regime. In case of GBB, whether the same regime should be made applicable? (b) Normally, the cost of bandwidth / any other additional cost involved should be borne by both the parties based on a mutual 29agreement. However, in case the broadcaster and DPO fail to reach an agreement on costs involved, then in such a situation, since the ‘Must carry’ provision is exercised by the broadcaster, therefore they should bear the cost of bandwidth between broadcasters and DPOs/ any additional cost and similarly, since the ‘Must provide’ provision is exercised by DPO, therefore DPO should bear bandwidth cost/ any additional cost involved. Do you agree with the above approach? If not, who should bear the cost in both the cases? Please provide detailed justification for your response. Miscellaneous issues 2.44 If an existing broadcaster having obtained permission under the Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022 wishes to switch to terrestrial communication medium to distribute the channels to DPOs, the main issue for consideration is what should be the regulatory provisions in such cases. One may opine that as an existing SBB is already permitted to operate nationwide, therefore, no additional obligations/fees may be imposed on such SBBs, however, such SBBs may only be mandated to intimate MIB/TRAI at least 15 days in advance prior to use of any terrestrial communication medium(s) for providing programming services. 2.45 Similarly, it is imperative to consider in case a ground-based broadcaster for a channel wishes to switch to satellite-based broadcasting, would it mandatory for them to obtain separate permission/authorization and what should be the regulatory provisions for such migration. In this regard, one may opine that a GBB may be mandated to intimate MIB and seek necessary clearances/permissions as applicable to SBB. Further, in case a GBB operating at State level wishes to operate at National level, one may argue that various fees 30already paid by such GBB may be adjusted against the fees that it would be required to pay to operate at national level. 2.46 Further, with the entry of GBB in the landscape of broadcasting, there could be a scenario where a broadcaster (GBB/SBB) wishes to use both satellite and terrestrial transmission technology(ies) to provide their channels to the DPOs. In this regard, the main issue for consideration is as to what should be regulatory framework in such a scenario. One may opine that in such a case Broadcasters may be permitted to operate both as SBB and GBB simultaneously, provided they obtain the necessary permission/authorization for both satellite-based broadcasting and ground-based broadcasting. Broadcasters must ensure that they meet all obligations/conditions for each transmission medium independently. 2.47 A fair assessment of these issues is essential to ensure a smooth process while maintaining regulatory integrity and fairness across the broadcasting sector. Therefore, the issue for consideration is what should be the regulatory requirements for broadcasters wishing to use an additional medium of transmission in addition to the existing transmission medium. Issue for consultation Q10. In case a SBB wishes to switch to terrestrial-based communication medium to deliver its channels to DPOs, what should be the regulatory framework, in such a scenario? Q11. In case a GBB wishes to switch to satellite-based communication medium to deliver its channels to DPOs, what should be the regulatory framework, in such a scenario? 31Q12. In case a broadcaster (SBB/GBB) wishes to use both satellite and terrestrial transmission technology to provide their channels to the DPOs, what should be the regulatory provisions for such broadcaster(s)? Should they require separate permissions and pay additional annual permission fees, processing fees, etc. for the above scenarios? Please provide detailed justification for your response. Other issues related to Regulatory Framework for Ground-Based Broadcasters: Alignment with Existing Uplinking and Downlinking Guidelines 2.48 The existing Guidelines for uplinking and downlinking of Satellite TV Channel in India, 2022 provide a comprehensive regulatory structure for satellite-based broadcasters, covering aspects such as eligibility conditions, licensing procedures, fee structure, roll-out obligations, performance bank guarantees, content regulation, and compliance with Foreign Direct Investment (FDI) policies, etc. 2.49 However, with the emergence of GBBs, which utilize technologies such as cloud platforms, broadband, and cable/fibre for content distribution, it is essential to evaluate as to what amendments are required in the existing Guidelines for uplinking and downlinking of Satellite TV Channel in India, 2022 to accommodate GBB’s unique operational model. GBBs, which utilize terrestrial communication technologies like cloud, broadband, optical fibre and cable for content distribution, may not align perfectly with the satellite-based broadcasting requirements specified in the current guidelines. 2.50 In its recommendations on the "Regulatory Framework for Platform Services" dated November 19, 2014, TRAI proposed a foundational 32framework for regulating Ground-Based Broadcasters (GBBs) in India. The recommendations emphasized that the regulatory framework for GBBs should be aligned with the existing Uplinking and Downlinking Guidelines applicable to satellite-based broadcasters, with necessary adjustments for the ground-based broadcast model. The said recommendation has been reproduced hereunder: “15. The MIB may establish a regulatory framework for ground-based broadcasters. The framework shall be the same as the framework contained in the Uplinking/ Downlinking Guidelines of MIB for traditional satellite-based broadcasters, to the extent applicable to the ground-based broadcast model. Thus, clearances/ permissions for spectrum usage from the DoS and WPC shall not apply. 16. Considering the smaller reach of some of the ground-based broadcasters, the Authority recommends that a State should be taken as a unit and a reach in 15 or more States should be taken as a pan- India presence. The States that are members of the North Eastern Council (NEC) may be considered to be equivalent to one State, for this purpose. At the pan-India level, a ground-based broadcaster shall take on the same obligations as a traditional satellite-based broadcaster. A smaller footprint shall entail a pro rata obligation equivalent to 7% of the traditional satellite-based broadcasters’ obligation, for every State that the channel is distributed. The pro rata reduction shall be applicable to the net-worth requirement, permission and annual fee. 17. A ground-based broadcaster vertically integrated with a DPO, shall be subject to all the restrictions on vertically integrated entities recommended by the Authority in its ‘Recommendations on Issues related to New DTH Licenses’ issued on July 23, 2014.” 2.51 In this regard, the main issue for consideration is as to what should be the regulatory framework for ground-based broadcasters? It needs to be 33considered whether the existing provisions contained in the uplinking/downlinking guidelines 2022, excluding the provisions related to satellite communications such as allocation of spectrum and clearances/permissions from the DoS and WPC, be made applicable to ground-based broadcaster or do they need any modifications? Since GBBs may use different terrestrial technology(ies), it may also needs to be considered, as to whether any additional restrictions/conditions are required to be imposed on Ground based broadcasters? Issue for consultation Q13. What should be the Regulatory Framework/Guidelines for Ground based broadcasters vis-à-vis ‘Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022’? Please provide detailed justification for your response. Q14. Whether the existing provisions contained in the uplinking/downlinking guidelines 2022, excluding the provisions related to satellite communications, be made applicable to ground- based broadcaster or do they need any modifications? In case you are of the opinion that modifications are required in existing uplinking/downlinking guidelines 2022, then please provide your comments with reasons thereof on amendments [including any additional restriction(s)/condition(s)] required for Ground based broadcasters. The stakeholders must provide their comments in the format specified in Table 1 explicitly indicating the existing clause, suggested amendment and/or additional condition/restriction and the reason/full justification for such amendment(s)/addition(s) for Ground based broadcasters. 34Table 1: Format for stakeholders’ response on amendments required in existing uplinking/downlinking guidelines for Ground based broadcasters. S Clause Provisions of the Amendment/ Reasons/ no number of the existing uplinking/ additional full existing downlinking provision(s) justification uplinking/ guidelines (conditions for the downlinking (2) and/or proposed guidelines restrictions) amendment (1) suggested by (4) the stakeholder (3) 1 2 (Note: In case additional provision(s) (conditions/restrictions) is/are proposed column (1) and (2) may be left blank) Q15. Stakeholders may also like to provide their comments on any other issue relevant to the present consultation along with justification. 35CHAPTER III SUMMARY OF ISSUES FOR CONSULTATION Q1. For the purpose of regulatory framework for ground-based broadcasters, do you agree with the draft definition for broadcaster, programme, Satellite-based broadcasting and Ground- based broadcasting given below? If not, please suggest alternative definitions. Please elaborate your response with full justification. “broadcaster” means a person or a group of persons, or body corporate, or any organization or body who, after having obtained, in its name, authorization from the Central Government for its channels, is providing programming services;” “programme” means any television broadcast and includes- i) exhibition of films, features, dramas, advertisement and serials; ii) News & current affairs, Non-news & current affairs, educational content iii) any audio or visual or audio-visual live performance or presentation, and the expression “programming service” shall be construed accordingly;” “Satellite-based Broadcasting” means providing programming services using satellite-based communication medium for delivering channels to the distributors of television channels.” “Ground-Based Broadcasting” means providing programming services using terrestrial communication medium for delivering channels to the distributors of television channels.” 36Q2. Should there be any distinction between ground-based broadcasters (GBB) and the satellite-based broadcasters (SBBs)? If so, what aspects/criteria should define such distinction? Please provide detailed justification for your response. Q3. Under the scope of GBBs, should all terrestrial transmission medium(s) (excluding satellite communication) such as fibre, broadband, cloud, etc be permitted? If not, please provide detailed justification for your response. Q4. Whether GBBs should be permitted/authorised to provide services in two separate categories i.e. (i) at State level, and (ii) at National level? If State level category for GBB are considered, then should such State level GBB may be allowed to obtain separate permissions/ authorisations in more than one State or there may be some ceiling on number of State-wise permissions/authorisations beyond which national level permission/authorisation must be obtained? Q5. An SBB pays a cumulative annual permission fee of Rs. 7 lakhs (Rs. 2 lakhs for uplinking + Rs. 5 lakhs for downlinking) per channel. Whether GBB should be mandated to pay the same amount of annual fee of Rs. 7 lakh per channel? If not, what should be the annual fee for GBBs? Please provide detailed justification for your response. Q6. Provisions for teleport/teleport hub exists in the uplinking/ downlinking Guidelines 2022 for broadcaster using satellite communication. Whether similar provisions are required in relation to any hub/gateway that may be required to be set up for distribution of TV channels by GBBs? If so, what should be the corresponding provisions? Please elaborate with justification. 37Q7. If a GBB is permitted to operate at State level, then what should the regulatory provisions for a GBB operating at State level which include: a) Processing Fee b) Annual Fee c) Net worth Requirement d) Performance Bank Guarantee (PBG) e) Other regulatory provisions Q8. Whether the extant Tariff Order, Interconnection Regulation and Quality of Service Regulation may be applied mutatis mutandis to GBB? Please explicitly indicate, if any modifications are required in the said Tariff Order, Interconnection Regulation or Quality of service Regulation for GBBs. Q9. (a) The extant interconnection regulation provides for “Must Carry” and “Must Provide” regime. In case of GBB, whether the same regime should be made applicable? (b) Normally, the cost of bandwidth / any other additional cost involved should be borne by both the parties based on a mutual agreement. However, in case the broadcaster and DPO fail to reach an agreement on costs involved, then in such a situation, since the ‘Must carry’ provision is exercised by the broadcaster, therefore they should bear the cost of bandwidth between broadcasters and DPOs/ any additional cost and similarly, since the ‘Must provide’ provision is exercised by DPO, therefore DPO should bear bandwidth cost/ any additional cost involved. Do you agree with the above approach? If not, who should bear the cost in both the cases? Please provide detailed justification for your response. 38Q10. In case a SBB wishes to switch to terrestrial-based communication medium to deliver its channels to DPOs, what should be the regulatory framework, in such a scenario? Q11. In case a GBB wishes to switch to satellite-based communication medium to deliver its channels to DPOs, what should be the regulatory framework, in such a scenario? Q12. In case a broadcaster (SBB/GBB) wishes to use both satellite and terrestrial transmission technology to provide their channels to the DPOs, what should be the regulatory provisions for such broadcaster(s)? Should they require separate permissions and pay additional annual permission fees, processing fees, etc. for the above scenarios? Please provide detailed justification for your response. Q13. What should be the Regulatory Framework/Guidelines for Ground based broadcasters vis-à-vis ‘Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022’? Please provide detailed justification for your response. Q14. Whether the existing provisions contained in the uplinking/downlinking guidelines 2022, excluding the provisions related to satellite communications, be made applicable to ground- based broadcaster or do they need any modifications? In case you are of the opinion that modifications are required in existing uplinking/downlinking guidelines 2022, then please provide your comments with reasons thereof on amendments [including any additional restriction(s)/condition(s)] required for Ground based broadcasters. 39The stakeholders must provide their comments in the format specified in Table 1 explicitly indicating the existing clause, suggested amendment and/or additional condition/restriction and the reason/full justification for such amendment(s)/addition(s) for Ground based broadcasters. Table 1: Format for stakeholders’ response on amendments required in existing uplinking/downlinking guidelines for Ground based broadcasters. S Clause Provisions of the Amendment/ Reasons/ no number of the existing uplinking/ additional full existing downlinking provision(s) justification uplinking/ guidelines (conditions for the downlinking (2) and/or proposed guidelines restrictions) amendment (1) suggested by (4) the stakeholder (3) 1 2 (Note: In case additional provision(s) (conditions/restrictions) is/are proposed column (1) and (2) may be left blank) Q15. Stakeholders may also like to provide their comments on any other issue relevant to the present consultation along with justification. 40List of Acronyms Abbreviations Description CAS Conditional Access System CEO Chief Executive Officer DAS Digital Addressable System DPO Distribution Platform Operators DSNG Digital Satellite News Gathering DTH Direct-To-Home DoS Department of space FDI Foreign Direct Investment FTA Free-To-Air GBB Ground-based broadcasters ITU International Telecommunication Union LLP Limited Liability Partnerships MIB Ministry of Information and Broadcasting MSO Multi system Operator OHD Open House Discussion PS Platform Service SNG Satellite News Gathering TRAI Telecom Regulatory Authority of India WPC Wireless Planning Commission 41Annexure I 4243Annexure II 44454647484950515253545556575859606162636465666768697071727374757677