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Telecommunications And Media: Legal And Regulatory Environment . MADHURENDRA NATH JHA. Telecom – Silent Revolution . 2 nd Largest in the World Second only to China Since 2004, number of telephones grew @ 40% p.a. (exception of 2005) . India, USA & China. Regulatory Framework.
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MADHURENDRA NATH JHA
Ministry of I & B
The Indian Entertainment & Media industry can be categorized as follows:
2) Convergence of Services
The government of India has moved from a technology and service specific Licensing regime to a Technology neutral regime in their unified access service license.
QoS regulations and content regulations need to be followed.
On the broadcasting side, public service or public access television and radio are types of universal service obligations.
Authorizations and licensing:
In a converged setting, there are overlaps and,: broadcasters (e.g. cable companies) are offering telecom services (Internet, voice), while telecom services are offering broadcasting services (IPTV). Further, cellular operators are providing mobile television services.
A case in point for approach is the development of IPTV in India.
“Technology drives the Market and Market drives Technology”
To solve the regulatory issues concerning IPTV Services TRAI has recommended the following to DOT & I&B Ministry
3)The up linking/down linking guidelines should be amended to enable the broadcasters to provide signals to all distributors of TV channels
4)Telecom service providers providing IPTV service not to produce any news content and to show only those news channels which have permission from I & B Ministry
Two Tier Approval Mechanism for JV’S:
Automatic Approval Route
FIPB Approval Route
If the Foreign Partner has entered into JV in the same field before then NOC of the previous JV partner and approval of the Government also requiredJoint Ventures As An Entry Strategy
If the foreign investor has collaboration for the manufacture of tarpaulin Code 268.3, he can invest in the manufacture of rubberized cloth Code 268.2 as there is no restriction to enter into JV’s in allied fields. The restriction shall apply to any item whose code NIC code is 268.2.