February, 03, 2021, New Delhi, IBW Team

The Telecom Regulatory Authority of India (TRAI) has come out with a slew of recommendations on channels carried platform services or PS, including that registered DPOs can carry news channels as part of platform service and that such services carried by various distribution platforms should be exclusive to that platform and not shared with any other distributor.

On Feb 02, 2021, TRAI issued its recommendations on Ministry of Information and Broadcasting (MIB)’s back reference on TRAI’s Recommendations dated 19.11.2014 on “Regulatory Framework for Platform Services” and MIB’s reference on the regulator’s recommendations on PS offered by DTH Operators. MIB had suggested several amendments to TRAI’s original suggestions.

The salient features of the recommendations are as follows:

(i) 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 the government 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, according to TRAI, 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.

(ii) A maximum of 15 PS channels may be offered by MSOs, IPTV and HITS operators. 

(iii) MIB will obtain security clearance of all MSOs /LCOs wishing to offer PS and who had not been cleared for security by the Ministry of Home Affairs (MHA) at the time of registration.

(iv) TRAI has defined PS as those channels/programmes transmitted by distribution platform operators (DPOs) exclusively to their own subscribers excluding Doordarshan channels and other MIB-registered TV channels. PS shall not include foreign TV channels that are not registered in India. 

(v) The programme transmitted by a DTH operator/MSO/ IPTV/HITS operator as a platform service shall not directly or indirectly include any time-shift feed of registered TV channels.

(vi) In case the same programme is found available on the PS of any other DPO, MIB/TRAI may issue direction to immediately stop the transmission of such programme. MIB also reserves the right to cancel registration of such PS of the DTH operator/MSOs/ IPTV/ HITS operator. 

(vii) The DPOs shall provide an option of activation/deactivation of platform services as prescribed in the orders/directions/regulations issued by TRAI from time-to-time. 

(viii) The platform services channels shall be categorized under the genre ‘Platform Services’ in the EPG. 

(ix) The respective maximum retail price (MRP) of the platform service shall be displayed in the EPG against each platform service subject to orders/ directions/regulations issued by TRAI.

The full text of the recommendations is available on the TRAI’s website at https://www.trai.gov.in/sites/default/files/Recommendations_02022021.pdf