(Updated on 25 February 2008 9:30 pm)
(25 February 2008 7:00 pm)

NEW DELHI: The Telecom Regulatory Authority of India (Trai) has issued a consultation paper on whether to allow state governments, political parties or religious bodies to run their own broadcasting channels.

The main Trai poser in the paper is: "Whether, it would be in the interest of broadcasting sector and in the interest of the public at large, to permit the Union Government and its organs, State Governments and their organs, urban and rural local bodies, publicly funded bodies and political bodies to enter into broadcasting activities."

The paper also points out to issues of exclusive areas of operation of Union and state governments, and raises a Constitutional issue: whether permitting these entities to enter into distribution activities would be within the scheme of the distribution of subjects in the Constitution between the Central and the state governments.

One key legal issue is what is defined as a 'person' and an 'Indian citizen' under sub-clauses (ii) and (iii) of clause (e) of section 2 of the Cable Television Networks (Regulation) Act, 1995.

Trai asks of stakeholders whether these governments, their agencies or the political parties can fall within the ambit of that definition: whether the entities, other than citizens of India, should be considered as a "person".

It also wants stakeholder comments on whether the provisions of the Cable Television Network Act (1995), particularly the definition of "person", requires any clarificatory amendment.

The recommendations on the disqualification with respect to religious bodies to enter into broadcasting sector were also sought by the government.

It is learnt that the government had requested Trai to examine the matter of allowing state governments, urban and local bodies, 3-tier Panchayati Raj bodies, publicly funded bodies, political bodies and religious bodies to enter into the broadcasting activities and has requested for submission of its recommendations.

The immediate context for issuing the consultation paper is a letter from the information and broadcasting (I&B) Secretary, sent to Trai on 27 December last year, as the ministry said that many state governments had requested for permission to start their own channels, both television as well as radio.

However, the larger context is the setting up of the Centre-State Relation Commission last year, to review the situation that has changed drastically since the last such commission - the Sarkaria Commission, some two decades ago had given its recommendations on the subject.

"In view of above," says the Trai paper, "the following issues arise for consultation:-

• to look into the issue of permitting state governments or their enterprises to enter into broadcasting activity? If the answer is in the affirmative, then the views on the following issues may be furnished
  
  
• whether permitting the state governments and their enterprises to enter into the broadcasting sector or into the business of distribution thereof would have impact on the Centre-State Relationship and the interse relationship among the states
  
  
• whether political bodies and religious bodies should be permitted to enter into the business of distribution of broadcasting channels. If the answer is affirmative, what amendments in the laws and in the various policy guidelines will be necessary for this purpose.