Critically evaluate the migration from a licensing regime to a service-authorisation regime in Indian broadcasting.

Q. Critically evaluate the migration from a licensing regime to a service-authorisation regime in Indian broadcasting. (15 marks, 250-350 words)

The Telecommunications Act, 2023, which repealed the Indian Telegraph Act, 1885, replaces licence-based entry with a statutory service-authorisation framework; the draft Telecommunications (Television, Radio and Associated Services) Rules, 2026, released by the Ministry of Information & Broadcasting on 12 June 2026, extend this shift to broadcasting [1]. The migration is largely progressive, though its gains depend on execution.

Merits of the shift - Consolidation: satellite TV, DTH, HITS, IPTV, private FM and community radio, earlier governed by two decades of separate policy guidelines, come under a single rulebook [1]. - Rule of law: entry conditions move from executive policy guidelines to statutory rules, improving legal certainty and reducing discretionary licensing. - Ease of doing business: TRAI's Framework for Service Authorisations for Broadcasting Services recommended simplified authorisations plus voluntary infrastructure sharing with telecom providers, lowering capital costs [2]. - Convergence-ready: internet-delivered IPTV is regulated alongside satellite and terrestrial broadcasting, a platform-agnostic design suited to digital delivery [1]. - Smooth transition: migration of existing licence-holders is voluntary until expiry, avoiding contractual disruption [2].

Limitations and concerns - Incomplete implementation: only 43 of 62 sections of the parent Act are in force, with rules notified under 14 provisions — a prolonged period of dual regimes [3]. - Split administration: MIB handles broadcasting while DoT handles telecom, so convergence in law may not translate into a single regulatory window [1][3]. - Compliance load persists: parallel TRAI instruments, such as the Interconnection (Addressable Systems) (Seventh Amendment) Regulations, 2026, retain detailed audit obligations on distributors [4]. - Equity risk: uniform authorisation norms may burden community radio, whose non-commercial mandate differs from commercial DTH players [1].

The migration is therefore a genuine advance in statutory clarity and convergence, not merely a change of nomenclature. Completing notification of the remaining provisions, institutionalising MIB–DoT coordination, and calibrating obligations for small and community broadcasters would let the reform serve both ease of doing business and the plurality of voices that Article 19(1)(a) envisages.

(~330 words)

Sources: 1. Draft Telecommunication Rules Related to Television, Radio and Associated Services – Published for Public Consultation, PIB/MIB, 12 June 2026 — repeal of Telegraph Act, 1885; consolidation of DTH/HITS/IPTV/FM/community radio guidelines; MIB as administering ministry; IPTV convergence 2. TRAI releases Recommendations on 'Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023' — authorisation categories, voluntary infrastructure sharing, voluntary migration of existing licensees 3. 2025 Year End Review, Department of Telecommunications — 43 of 62 sections enforced; rules notified under 14 provisions; DoT–MIB split implementation 4. TRAI issues the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Seventh Amendment) Regulations, 2026 — continuing audit and interconnection compliance obligations on distributors