Jurisdiction - India
India – Media Snapshots.

28 January, 2014


  • Telecom Regulatory Authority of India (‘TRAI’) on October 1, 2013, issued a consultation paper on issue and extension of direct-to-home (‘DTH’) licenses (‘Consultation Paper’) to obtain views from stakeholders inter alia on issues relating to the period of license, entry fee for new applicants and bank guarantee on extension of the licence period. Pursuant to requests from stakeholders for a comprehensive review of the existing DTH license conditions, TRAI on November 14, 2013, issued a supplementary consultation paper on issues related to new DTH Licenses (‘Supplementary Consultation Paper’). The Supplementary Consultation Paper has invited recommendations and comments from stakeholders inter alia on issues in relation to crossholding / control restrictions between a DTH licensee and broadcasting entities and TV channel distribution entities, license fee to be paid by the DTH licensee to the Ministry of Informationand Broadcasting, (‘MIB’), migration fee and interoperability of DTH set-top-boxes.


  • Based on the comments received from various stakeholders on the consultation paper issued by TRAI on monopoly and market dominance dated June 03, 2013, TRAI on November 26, 2013, issued its recommendations to MIB on market dominance in cable television services to adequately amend the Cable Television Networks Rules, 1994. The recommendations seek to regulate consolidation among multi system operators (‘MSOs’) and local cable operators (‘LCOs’) in the cable distribution market. TRAI has inter alia made the following recommendations:

i. the state should be considered as the relevant market for assessing monopoly and market dominance of MSOs;
ii. the specified procedure should be followed to measure the level of competition or market concentration in a relevant market should be introduced;
iii. merger and acquisition of MSOs and LCOs in a relevant market should require the prior approval of TRAI;
iv. criteria for determining whether an entity is in control of a MSO and LCO should be introduced;
v. prior approval of TRAI to be required in case of acquisition of control of MSOs and LCOs should be required;
vi. restriction on merger or acquisition control of a MSO with other MSO or LCO in a relevant market should be introduced; and
vii. various reporting obligations should be introduced.



For further information, please contact:


Zia Mody, AZB & Partners
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Abhijit Joshi, AZB & Partners 
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Shuva Mandal, AZB & Partners 
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Samir Gandhi, AZB & Partners
[email protected]

Percy Billimoria, AZB & Partners 
[email protected]


Aditya Bhat, AZB & Partners 
[email protected]


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