The Trai supplementary note has made the following
points:
1. Unified license implies that a customer can get all types of telecom
services, from a unified license operator, technology permitting.
The operator can use wireline or wireless media. These services
would include telephony, Internet, broadband, cable TV, DTH, TV
& radio broadcasting.
2. National Telecom Policy (NTP) 1999 mentioned that convergence
of both markets and technologies is a reality that is forcing realignment
of the industry. It also mentioned that, at one level, telephone
and broadcasting industries are entering each other's markets, while
at another level, technology is blurring the difference between
different conduit systems such as wire line and wireless.
NTP, 1999, further states that this convergence now allows operators
to use their facilities to deliver some services reserved for other
operators necessitating a re-look into the existing policy framework.
3. NTP, 1999 had also specified cable service providers as one
of the categories of access providers for telecom services.
4. The Trai (Amendment) Act, 2000 allows the Central Government
to notify other service to be telecom service including broadcasting
Services. Accordingly, the Department of Telecom (DoT) vide its
Notification of 9 January, 2004 had notified broadcasting services
and cable services to be telecom services.
5. In Trai's recommendations on Broadband Services, DTH has been
recommended as one of the alternative platform to offer broadband
services.
6. It was keeping these aspects in mind that Trai included broadcasting
services under the unified licensing category.
7. Two issues arise out of this, namely,
a) What would be the status of stand alone broadcaster?
b) Who shall be the licensor for broadcasting service?
On this, Trai has issued a clarification:-
i) A stand alone 'broadcasting services' license could be issued.
The prevailing process of issuing of such a license by the information
& broadcasting ministry (including allocation of spectrum in
consultation with WPC [Wireless Planning and Coordination Committee])
would continue.
ii) If a unified licensee wants to offer 'broadcasting service'
using wireless spectrum, he will have to apply to the I&B ministry.
iii) Content in any case, would be regulated by I&B Ministry.
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