Billed
to death
By Suveen K Sinha
Finally, the truth
is out. Truth according to the Union Information and Broadcasting Minister,
Arun Jaitley, that is. In the end, there will be only one bill--the Communications
Bill of India.
The statement is meant
to clear up the cloud surrounding the legislation that was to create the
right environment for convergence of technologies, but found itself submerged
in a confused mess. Indeed, for some time in June, 2000, it wasn't clear
how many bills there were (there seemed to be two--the Communications
Bill and the Infotech, Communication, and Entertainment Bill). Even less
was known about their status.
Thus Spake Jaitley
In the beginning, there was only one bill: the Communications Bill 2000.
Then came the ICE Bill, incorporating the suggestions of companies operating
in the three industries and experts. Both bills, prepared under Jaitley's
stewardship, were passed on to lawyer Fali S. Nariman, who made some changes
in them. "In the end, there will be just the Communications Bill after
taking into account the ICE Bill," Jaitley told BT.
World Sans TV
Imagine a world without the ubiquituous idiot-box. Difficult? Not so,
if we go by the draft ICE Bill, 2000, which seriously fears such a scenario
and proposes measures to prevent it.
A world sans the
television is seen as a fall-out of the growing spectrum needs in the
broadcasting sector. Infrastructure providers may be tempted to reduce
or eliminate TV channels and use the bandwidth for telecom or data services,
lured by the prospect of higher revenues.
But why should the
lawmakers be worried about the survival of TV? The reason cited is its
''vital role" as a medium for informating and educating the masses. Therefore,
the demise of TV is proposed to be forestalled by specifying sufficient
bandwidth in the last mile loop for cable TV licencees.
Long-Distance
Explosion
It's possible, we know. But it's been a mirage so far in India because
regulations don't permit voice over Net as it bypasses the exchanges set
up by VSNL, the Department of Telecom, and private basic service providers.
Telecom companies have for long opposed it fearing loss of revenue.
The ICE Bill promises
to sweep aside the cobwebs. Mincing no words, the draft bill lays down
the removal of ban on Internet Protocol telephony as one objective of
the ICE Authority it proposes to set up.
The question is:
what will be the impact of the government's plan to throw open long-distance
telecom services to private companies? Once IP telephony is allowed, will
NLD licenses be as lucrative? The flip-side is that the voice quality
on IP telephony has to improve sharply for it to displace the traditional
networks.
Super-Regulator
In The Making
The ICE Authority will be a super-regulator with the objective of amending
the Indian Telegraph Act of 1885, so as to bring it up to date. Incidentally,
the amendment of this obsolete Act has long been considered imperative.
It's overhaul is expected to provide much-needed competition in the communications
sector, and re-define taxation, customs, and sales tax practices.
The New Model
The ICE Authority will work through two wings--Carriage Bureau and Content
Bureau. In addition, it will have the office of the Spectrum Manager.
The importance of the authority can be gauged by the fact that the Telecom
Regulatory Authority of India will become the Carriage Bureau. A new model
agency, suited to the digital television age, will be the Content Bureau.
The Carriage Bureau will be headed by a Telecom Commissioner, and the
Content Bureau by a Broadcasting Commissioner.
Big Brother In
Action
The ICE Authority will make recommendations on the issue of licenses to
broadcast services paving the way for multi-service operators who can
facilitate convergence through a single infrastructure. It also set out
the terms on the management of the electro-magnetic spectrum. It will
also regulate tariffs on basic services in the broadcast sector.
The agency will also
ensure compliance of license terms, technical compatibility, and revenue-sharing
norms.
Managing The Spectrum
This issue occupies no less than five pages of the draft ICE Act. The
thinking is that since the spectrum has many public and private users,
its management ought to be done by an independent agency to instil confidence
in the system.
The Spectrum Manager will evolve a plan for spectrum management. Spectrum
requirement of telecom and broadcasting industry is large and will grow.
As a pleasant surprise, the draft refers to a possible entry in India
of 3G, or third-generation telecom service which is making its advent
the world over.
Content Is The
Key
If there is one issue that is looked into in greater detail than spectrum
management, it's content regulation, which is covers 14 pages of the draft.
Within this, the focus is on regulating the content on TV: the 'leitmotif'
is blocking sex and violence-related. So much attention is paid to this
aspect that it borders on prudery. Restrictions will also cover broadcasts
that encourage superstition and blind belief. Interestingly, there is
no mention of how mythologicals will be dealt with.
The draft appears
to have side-tracked the issue of dealing with Net content, admitting
that it may not be possible to create an iron-clad system. It takes refuge
in the password-driven nature of Net surfing, which means a conscious
choice is being exercised.
Rated Programming
This will be a system to help parents make better informed choices about
what they would want their children to see on TV. Icons will appear during
the first 15 seconds of each rated programme, indicating its appropriateness.
The duration, though, could keep channel swappers in the dark if they
switch on mid-way. The draft also lists the criteria a programme needs
to satisfy to be rated a 'children's programme'.
Monitoring Channels
As part of content regulation, the ICE Authority will continuously monitor
all major channels. Content regulation will apply to all broadcasts, domestic
or foreign, so long as they wish to be on a distribution platform in India
(read DTH, digital terrestrial platform, local delivery service system,
or any cable or telephone wire system).
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