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TRAI Recommends Infrastructure Sharing, Separate Licenses For Terrestrial And Satellite Mobile TV

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Broadcasters are probably not very pleased: as per the draft recommendations made by the Telecom Regulatory Authority of India (TRAI) to the Indian government, no broadcasting company or group of broadcasting companies should be allowed to hold more than 20 percent stake in mobile TV operators, or vice versa. Additionally, to prevent cross holding, no entity or person (other than a financial institution) can hold more than 20 percent in both. This, however, doesn’t apply to holdings between a mobile television licensee and a DTH/HITS licensee/MSO/Cable Operator. So DTH operators like TATA Sky and Dish TV, which are both entities with broadcaster holdings, can launch mobile TV services. I think it’s important to note that the TRAI essentially views Mobile TV as a carriage service, and not a broadcast service.

SEE ALSO: TRAI Decides, Deliberates And Now Delays Recommendations On Mobile TV

Mobile operators have it easier - it’s recommended that they be allowed to offer Mobile TV services using their existing networks, and the Universal Access Service Licenses (UASL) and Cellular Mobile Telephone Service (CMTS) licenses be amended to that end. If, however, they choose to take the broadcast route to mobile TV, they’ll have to bid for Mobile TV licenses with the rest of applicants. In line with the mobile operator Foreign Direct Investment limit, the Mobile TV operator FDI limit has been expectedly set at 74 percent.

Spectrum And Infrastructure
Apart from Doordarshan, private operators may be assigned at least 1 slot of 8 MHz each, allocated automatically to successful bidders. Most importantly, the TRAI has recommended the sharing of infrastructure - both that of Doordarshan (DD) and in case any private operator that sets up its own. Let’s see how Prasar Bharti, of which DD is a part, will go ahead with this.

Licensing
Licenses should be for 10 years, granted through a Closed Tender System. There’ll be a one time entry fees, with the Reserve One Time Entry Fee set at 50 percent of the highest bid for an area. There’s also a license fee of 6 percent of Gross Revenue for each year or 10% of the Reserve One Time Entry Fee limit (whichever is higher), payable every every quarter. The TRAI has suggested the creation of two separate mobile TV licenses - for terrestrial and satellite broadcasting. To ensure competition, applicants they may bid for both types, but will have to choose one.

More in the extended text

The licensing area for Terrestrial is a state, or a combination of small states. Applicants will need to have a net worth of at least Rs. 3 Crores per service area; spectrum will be allocated to them in the UHF Band V (from 585 MHz – 806 MHz). They’ll have to start services in at least one city with a population of over one million, or the city with the largest population in the area, within one year. In Phase Two (four years), they’ll have to cover every such city in the area. For Satellite Mobile TV Broadcasters, the licensing area is the entire country, and they’ll need to have a net worth of at least Rs. 40 crores to take part in the licensing process. Spectrum should be allocated to them in the S Band; services will need to be rolled out within a year. There are damages for delays in rollout of both types.

Interoperability
The TRAI has suggested that the technology deployed should allow subscribers to switch from one operator to another, keeping the same handset. The onus for this appears to be on the handset manufacturer…I wonder if that will bump up the cost of the handsets.

You may download the 53 page draft recommendations here. For our complete coverage of the battle over Mobile TV see the related links

Jan 4, 2008 10:42 AM ET

Posted In: Legal, Policy

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