Set process to review security clearance of DPOs offering platform services, TRAI to MIB

The Telecom Regulatory Authority of India (TRAI) has recommended to the Ministry of Information and Broadcasting (MIB) to establish a procedure to review the security clearance of all distribution platform operators (DPOs) who are offering platform services (PS) including those cases where there is a change in ownership/control.

Further, the MIB may obtain a requisite undertaking from the DPOs at the time of granting permission for offering PS for duly notifying MIB in case of change of ownership/control, the authority suggested while responding to the MIB's back reference on its earlier recommendations.

Following the MIB back reference, the TRAI issued a consultation paper on December 7, 2020 for seeking comments of all the stakeholders. TRAI received comments on consultation paper from 31 stakeholders. However, no counter-comment was received.

TRAI has also agreed with the MIB suggestion that the ministry will obtain a security clearance of all multi-system operators (MSOs)/local cable operators (LCOs), who wish to offer PS and were not MHA security cleared at the time of registration, while they run their PS.

However, if at any time before the MIB obtains the security clearance, it is determined that the programming service offered on PS and which has been registered on the online system is inimical to India's national security or to the public interest, MIB may require the MSO/LCO to withdraw from distribution of the PS Channel or the programming service and/or cancel the registration.

The authority has also recommended to the MIB that 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.

The authority has accepted ministry's view that anybody registered as a DPO, either with MIB or with the Post Office, shall be eligible to carry PS channels, provided that MIB 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.

The authority also agrees with the definition that PS channels are defined as programmes that are transmitted by DPOs exclusively to their own subscribers and does not include Doordarshan channels and registered TV channels.

In addition, a registered TV channel means a channel, which has been granted downlinking permission by the Central government under the policy guidelines issued or amended by it from time to time and reference to the term 'channel' shall be constructed as a reference to 'television channel'.

The regulator has recommended that a maximum of 15 PS channels may be offered by MSOs, IPTV Operators and HITS operators. This has been done to ensure that the major portion of the distribution capacity of DPOs is used for the intended purpose of carrying satellite channels since there are more than 900 registered television channels.

The authority recommended that the programme transmitted by the DTH operator/ MSOs/ IPTV/ HITS operator as a platform service shall be exclusive and the same shall not be permitted to be shared directly or indirectly with any other Distribution Platform Operator (DPO).

Also, the programme transmitted by the DTH operator / MSOs/ IPTV/ HITS operator as a platform service shall not directly or indirectly include any registered TV channel or Doordarshan channel or foreign TV channel. The time-shift feed of registered TV channels (such as +1 services) shall not be allowed as a platform service.

According to TRAI, DTH operators/ MSOs/ IPTV/ HITS operator will have to ensure and provide an undertaking to the ministry in a prescribed format that the programme transmitted is exclusive to their platform and not shared directly or indirectly with any other DPO.

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

Agreeing with the MIB view, the regulator said that the DTH operator/ MSOs/ IPTV/ HITS operator shall provide an option of activation/ deactivation of platform services as prescribed in the orders/directions/regulations issued by TRAI from time-to-time.

For the DTH operator/ MSOs/ IPTV/ HITS operators, the PS channels shall be categorised under the genre 'Platform Services' in the Electronic Programmable Guide (EPG) subject to orders/ directions/regulations issued by TRAI from time to time.

It also suggested that 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 from time to time.

"A provision for putting a caption as 'Platform Services' may be required to distinguish the platform services from the linear channels. The government may decide the caption in a size which is visually readable by the consumer," the TRAI recommendation reads.