Dish TV and Airtel call to bring Prasar Bharati’s OTT platform under TRAI’s ambit

Dish TV India Limited and Airtel, in their responses to the Telecom Regulatory Authority of India’s (TRAI) consultation on the Framework for Service Authorizations for Provision of Broadcasting Services under the Telecommunications Act, 2023, suggested that Prasar Bharati’s OTT platform, WAVES, be brought under TRAI’s regulatory framework.

TRAI released the consultation paper on October 30, 2024. The original deadline for stakeholders to submit written comments on the issues raised in the paper was set for November 20, 2024, with a counter-comments deadline of November 27, 2024. However, in response to requests from some stakeholders for additional time, TRAI extended these deadlines to November 27, 2024, for written comments and December 4, 2024, for counter-comments, clarifying that no further extensions would be granted.

Prasar Bharati launched its family-friendly over-the-top (OTT) platform, WAVES, during the International Film Festival of India (IFFI) on November 20, 2024. The platform offers streaming content in SD, HD, and 4K resolutions.

In its response, Dish TV India Limited highlighted the challenges faced by Direct-to-Home (DTH) operators, including competition from other distribution platform operators such as DD Free Dish and OTT platforms. According to Dish TV, broadcasters are providing identical content to subscribers via OTT platforms without any regulatory oversight, creating unfair conditions for DTH operators.

"These concerns have long been raised by DTH operators, albeit without success," Dish TV stated.

Dish TV further argued that TRAI’s definitions and scope of work should include services offered by Prasar Bharati’s DTH and OTT platforms, including WAVES. Dish TV also suggested that TRAI expand the scope of broadcasting services and service areas to include OTT platform operators, as well as Prasar Bharati’s DTH and OTT platforms.

Bharti Airtel Limited, in its response to the consultation paper, noted that DD Free Dish provides traditional linear broadcasting services similar to other DTH operators and competes directly with them through its new OTT platform, WAVES.

"The Authority should take this opportunity to address regulatory gaps by bringing Prasar Bharati under the authorization or licensing framework. Broadcasting rules governing television programming, television distribution, and radio should also apply to them. This approach will foster a vibrant and inclusive broadcasting sector, ensuring the industry evolves in alignment with technological advancements and changing consumer preferences," Airtel stated.

Tata Play similarly suggested that both OTT platforms and Prasar Bharati should fall under an authorization framework to ensure compliance parity among all platforms.