Multi-system operators (MSOs) will continue to be governed under the Cable Television Networks (Regulation) Act, 1995. The draft proposes authorisations for television, radio and associated services under the Telecommunications Act, while the MIB will continue to administer provisions relating to television, radio and associated services. The ministry said the rules were intended to simplify and harmonise existing regime and promote ease of doing business in the television and radio broadcasting sector.
The draft applies to television channels, television channel distribution services, private radio services, community radio services, teleports, television news agencies and IPTV services delivered over closed networks. OTT streaming services are not covered under these rules and continue to be governed under the IT Rules, with MIB being the notified ministry for content-related matters.
Broadcasters and service providers operating under earlier licences, registrations or permissions may apply to migrate to the new authorisation framework. Entities continuing under existing licences may do so till expiry, but such licences, registrations or permissions will not be eligible for renewal under the draft rules. The rules retain existing ownership, foreign investment and security-related requirements. News broadcasters, television distribution operators, and private radio services will continue to require security clearances, while most directors, partners and key managerial personnel in specified services will be required to remain resident in India.
For television broadcasters, channels will be required to remain continuously operational during the validity of authorisation. If a channel remains non-operational for more than 60 continuous days, broadcasters will be required to notify the government and provide reasons. Channels remaining non-operational for over 90 continuous days, except pursuant to an order or instruction issued under the rules, will be deemed to have had their authorisation withdrawn.
Broadcasters will also be required to preserve programme recordings, including advertisements, for at least 90 days for monitoring and inspection purposes.
The plan introduces disclosure requirements around channel “landing pages”, requiring broadcasters to provide info on channel availability on default displays to the government and TV ratings agencies.