TRAI Releases Recommendations on Digital Radio Broadcast Policy for Private Broadcasters: A Comprehensive Legal Analysis

Introduction

On October 2, 2025, the Telecom Regulatory Authority of India released groundbreaking recommendations that will fundamentally reshape the landscape of digital radio broadcast policy in the country. This policy framework introduces digital radio broadcasting services for private broadcasters, marking a significant departure from the exclusively analog FM radio system that has operated for decades. The recommendations cover critical aspects including technology standards, spectrum allocation mechanisms, licensing terms, and revenue-sharing models, all aimed at modernizing India’s radio broadcasting infrastructure while maintaining regulatory oversight and consumer protection.

The regulatory authority’s recommendations emerge at a crucial juncture when global broadcasting is transitioning toward digital platforms. These guidelines represent the culmination of extensive stakeholder consultations that began with a consultation paper released in September 2024, followed by an open house discussion conducted on January 8, 2025. The recommendations address fundamental questions about how India will implement digital radio technology, assign spectrum frequencies, and regulate this emerging segment while ensuring fair competition and quality service delivery to listeners across the nation [1].

Constitutional and Legislative Framework Governing Broadcasting

Constitutional Provisions and Spectrum Ownership

The constitutional foundation for regulating airwaves and broadcasting in India derives from the exclusive authority vested in the Union Government under Entry 31 of List I (Union List) of the Seventh Schedule to the Constitution of India, which covers “posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication.” This constitutional mandate establishes the central government’s supreme authority over all forms of wireless communication, including radio broadcasting. The principle of state ownership of spectrum has been consistently affirmed by Indian courts, recognizing that radio frequencies constitute a scarce public resource that must be managed in the public interest.

The Telecommunications Act, 2023, which received presidential assent on December 24, 2023, fundamentally redefines this regulatory landscape. Section 4(1) of this Act explicitly declares that “The Central Government, being the owner of the spectrum on behalf of the people, shall assign the spectrum in accordance with this Act, and may notify a National Frequency Allocation Plan from time to time” [2]. This provision crystallizes the state’s custodianship over electromagnetic spectrum and establishes the legal foundation for spectrum assignment, whether through auction or administrative processes.

The TRAI Act and Regulatory Authority

The Telecom Regulatory Authority of India Act, 1997, as amended, empowers TRAI to make recommendations on various aspects of telecommunication and broadcasting services. Section 11(1) of the TRAI Act specifically mandates that the authority shall, from time to time, make recommendations either on its own initiative or on a request from the licensor on matters including terms and conditions of licenses, revocation of licenses, and measures to facilitate competition and promote efficiency in telecommunication services. The Ministry of Information and Broadcasting invoked this provision under Section 11 of the TRAI Act, 1997, when it sought recommendations from TRAI for formulating a digital radio broadcast policy [3].

The regulatory framework operates through a collaborative mechanism where the ministry requests recommendations, TRAI conducts extensive consultations and research, and ultimately provides detailed recommendations that the government considers for implementation. This process ensures that policy formulation benefits from technical expertise, stakeholder input, and regulatory experience while maintaining governmental accountability for final decisions.

Key Recommendations of TRAI’s Digital Radio Broadcasting Policy

Simulcast Mode Implementation

The cornerstone of TRAI’s recommendations is the adoption of simulcast mode for digital radio broadcasting. Under this framework, broadcasters will transmit both analog and digital signals simultaneously on the same frequency, allowing for a gradual transition period during which listeners can access services using existing analog receivers while the market develops digital radio infrastructure. Each assigned frequency will accommodate one analog channel, three digital channels, and one data channel, significantly expanding the content delivery capacity compared to traditional analog broadcasting that permits only a single channel per frequency [4].

New broadcasters entering the market will be mandated to commence operations in simulcast mode from the outset. Existing FM radio broadcasters, however, will have the flexibility to migrate to simulcast mode on a voluntary basis, recognizing the substantial infrastructure investments and operational adjustments required for such transition. This graduated approach balances the policy objective of technological advancement with pragmatic considerations of industry capacity and consumer readiness. Broadcasters must commence simulcast operations within two years of either the conclusion of the auction process or their acceptance of the migration option, establishing clear timelines for implementation while providing sufficient lead time for technical preparations.

Geographic Scope and City Classification

The recommendations propose a phased rollout strategy beginning with major metropolitan areas. The initial implementation will cover four cities classified as “A+” category, specifically Delhi, Mumbai, Kolkata, and Chennai, representing India’s largest metropolitan markets with the most developed broadcasting infrastructure and listener bases. The second tier includes nine “A” category cities: Hyderabad, Bengaluru, Ahmedabad, Surat, Pune, Jaipur, Lucknow, Kanpur, and Nagpur [5].

This strategic geographic prioritization reflects economic viability considerations, existing infrastructure availability, and population density factors. These thirteen cities collectively represent substantial listener markets and possess the technical infrastructure necessary for supporting digital broadcasting services. The phased approach allows for learning from initial implementations, addressing technical challenges, and refining regulatory mechanisms before expanding to smaller markets.

Technology Standards and Interoperability

TRAI has recommended that India adopt a single digital radio technology standard in the VHF Band II frequency range to ensure nationwide interoperability and avoid market fragmentation. However, the recommendations notably refrain from specifying a particular technology standard, instead urging the government to undertake comprehensive consultations with broadcasters, equipment manufacturers, and other stakeholders before making this critical determination. This approach recognizes that technology selection involves complex trade-offs regarding equipment costs, audio quality, spectrum efficiency, and international compatibility.

The emphasis on a unified standard stems from practical considerations of receiver manufacturing economies of scale, consumer convenience, and network efficiency. A fragmented technology landscape would complicate device manufacturing, increase consumer costs, and potentially create regional incompatibilities that undermine the policy’s objectives of expanding service availability and enhancing listener experience.

Spectrum Assignment Methodology

The recommendations advocate for auction-based spectrum assignment, aligning with the market-driven allocation methodology prescribed under the Telecommunications Act, 2023. Section 4(4) of the Act establishes that “The Central Government shall assign spectrum for telecommunication through auction except for entries listed in the First Schedule for which assignment shall be done by administrative process.” While the First Schedule includes public broadcasting services among categories eligible for administrative allocation, private commercial radio broadcasting falls outside these exceptions, necessitating competitive bidding processes [2].

The auction mechanism serves multiple policy objectives including ensuring transparent allocation procedures, discovering market-determined pricing for scarce spectrum resources, and promoting efficient utilization by assigning frequencies to entities that value them most highly. The recommendations specify that reserve prices for spectrum in different city categories should be established based on comprehensive valuation methodologies that account for market potential, existing analog frequency prices, and technological advantages of digital broadcasting.

Licensing Terms and Regulatory Conditions for Digital Radio Broadcast

Authorization Period and Renewal

The recommendations propose authorization periods of fifteen years for digital radio broadcasting licenses, providing operators with substantial certainty for long-term business planning and infrastructure investments. This duration aligns with international practices in broadcasting licensing and reflects the capital-intensive nature of establishing broadcasting networks. The extended license term enables broadcasters to amortize equipment costs, develop audience relationships, and establish sustainable business models without the uncertainty of frequent renewal processes.

Authorization under the new framework will be granted pursuant to Section 3(1) of the Telecommunications Act, 2023, which requires that “Any person intending to provide telecommunication services or establish, operate, maintain or expand telecommunication network shall obtain an authorisation from the Central Government, subject to such terms and conditions, including fees or charges, as may be prescribed” [2]. This provision establishes the legal foundation for licensing digital radio services and empowers the government to prescribe comprehensive terms covering technical standards, content regulations, and financial obligations.

Revenue Sharing and Fee Structure

The recommendations propose that license fees should be calculated based on adjusted gross revenue principles, maintaining consistency with the fee structure applicable to existing analog FM radio operations. Significantly, the recommendations specify that revenue generated from streaming digital radio content through internet platforms should be included in gross revenue calculations for fee purposes. This provision addresses the convergence of traditional broadcasting and digital distribution channels, ensuring that regulatory obligations extend to all revenue streams derived from licensed broadcasting activities.

The inclusion of streaming revenue in the fee base reflects evolving consumption patterns where listeners increasingly access radio content through mobile applications and internet platforms rather than traditional receivers. This approach prevents regulatory arbitrage where broadcasters might structure operations to minimize reportable revenues while still monetizing their content through digital channels.

Analog Sunset Provisions

Rather than establishing a definitive date for terminating analog broadcasting, the recommendations adopt a flexible approach that defers the analog sunset decision until sufficient data exists regarding digital radio adoption, receiver penetration, and service quality. The recommendations specify that the sunset date should be determined after evaluating the progress of digital radio broadcasting at a later stage, allowing policymakers to assess market development before committing to an irreversible transition timeline.

This pragmatic approach recognizes the substantial installed base of analog receivers in Indian households and vehicles, the potentially slow pace of consumer equipment upgrades, and the need to avoid service disruptions for listeners who continue relying on analog technology. The gradual transition model protects consumer interests while encouraging market-driven adoption of digital technology as receiver prices decline and content advantages become apparent.

Legal and Regulatory Challenges for Digital Radio Broadcast

Content Regulation and Program Code Compliance

Digital radio broadcasters will remain subject to content regulations established under the Cable Television Networks Rules, 1994, and the Programme Code prescribed under the All India Radio Code. These regulations govern aspects including decency standards, restrictions on content that offends religious sentiments, prohibition of obscene or defamatory material, and requirements for balanced presentation of news and current affairs. The convergence of radio broadcasting with data services raises novel questions about the applicability of these regulations to non-audio content transmitted through the data channel component of digital broadcasting.

The regulatory framework must address how traditional content standards apply to interactive services, data broadcasting, and multimedia content that digital technology enables. These questions involve balancing free speech protections, cultural sensitivities, and regulatory oversight in an evolving technological environment that blurs traditional distinctions between broadcasting, telecommunications, and internet services.

Competition Law Considerations

The auction-based allocation mechanism and market entry conditions raise important competition law questions regarding market concentration, cross-media ownership, and barrier to entry. Section 11(2) of the TRAI Act empowers the authority to ensure technical compatibility and effective competition, while recent amendments to the Act enable TRAI to direct entities to abstain from predatory pricing harmful to competition and long-term sector development.

The digital radio policy must navigate tensions between allowing sufficient market concentration to achieve economies of scale while preventing dominant operators from leveraging market power to exclude competitors or harm consumer interests. Cross-ownership restrictions, spectrum caps, and merger review processes constitute important regulatory tools for maintaining competitive market structures.

Spectrum Interference and Technical Coordination

The simultaneous transmission of analog and digital signals on the same frequency in simulcast mode creates potential for interference issues that require careful technical management. The recommendations contemplate detailed technical specifications regarding transmission power levels, modulation schemes, and guard bands to minimize interference both between analog and digital signals and among adjacent frequency assignments. The Wireless Planning and Coordination Wing of the Department of Telecommunications bears responsibility for frequency planning and interference resolution, exercising powers under the Telecommunications Act, 2023.

Section 8(1) of the Act authorizes the Central Government to “establish by notification, such monitoring and enforcement mechanism as it may deem fit to ensure adherence to terms and conditions of spectrum utilisation and enable interference-free use of the assigned spectrum” [2]. This provision provides the legal foundation for establishing technical standards and enforcement mechanisms necessary for managing the complex radio frequency environment that digital broadcasting creates.

Case Law Precedents and Judicial Interpretations

Spectrum as Public Property

The foundational principle that electromagnetic spectrum constitutes public property managed by the state on behalf of citizens received authoritative endorsement from the Supreme Court in the case of Centre for Public Interest Litigation v. Union of India, where the Court observed that natural resources including airwaves belong to the public and must be distributed in a manner that serves the common good. While this judgment primarily addressed allocation of 2G spectrum for mobile telephony, its principles apply equally to broadcasting spectrum.

The Court’s reasoning emphasized that when the state acts as custodian of scarce natural resources, it must do so in a manner that maximizes public benefit rather than private gain, necessitating transparent allocation procedures and fair pricing mechanisms. These principles undergird the auction-based allocation methodology that TRAI’s recommendations propose for digital radio spectrum.

Regulatory Authority and Ministerial Powers

The Supreme Court in Cellular Operators Association of India v. Telecom Regulatory Authority of India clarified the respective roles of TRAI and the government in licensing and regulatory matters. The Court held that while TRAI possesses recommendatory powers on licensing terms and conditions, the government retains ultimate decision-making authority regarding license grants, rejections, and modifications. However, the government must seriously consider TRAI’s recommendations and cannot arbitrarily deviate without cogent reasons.

This division of authority reflects the institutional design where TRAI brings technical expertise and regulatory independence to policy formulation while maintaining governmental accountability through ministerial control over final decisions. In the context of digital radio policy, this means that while TRAI’s recommendations carry substantial weight, the Ministry of Information and Broadcasting retains discretion in implementation details.

International Comparisons and Best Practices

European Digital Radio Transition

European countries have pursued varied approaches to digital radio implementation, with Norway becoming the first nation to completely switch off FM broadcasting in 2017. The Norwegian transition provided valuable lessons about the importance of receiver subsidies, extended transition periods, and maintaining analog services in areas with limited digital coverage. The United Kingdom has adopted a more gradual approach, requiring 50 percent digital listening share and nationwide coverage before contemplating analog shutdown.

These international experiences inform India’s simulcast approach and flexible sunset provisions, recognizing that successful digital transition requires consumer readiness, affordable receiver availability, and demonstrated service quality advantages. The gradual approach allows the market to develop organically while avoiding the service disruptions and public resistance that premature analog termination might generate.

Technology Standard Selection

Different regions have adopted various digital radio standards, with DAB+ dominating in Europe and Australia, HD Radio prevalent in the United States, and DRM gaining traction in some developing markets. Each standard presents distinct trade-offs regarding spectrum efficiency, audio quality, receiver costs, and backward compatibility. TRAI’s recommendation that India select a single standard after stakeholder consultation reflects awareness that technology selection involves balancing technical performance, economic viability, and market acceptance factors.

The choice of technology standard will profoundly influence receiver manufacturing costs, content delivery capabilities, and the competitive dynamics of the digital radio market. International interoperability considerations also matter, as receiver manufacturers achieve economies of scale by producing devices for multiple markets using common standards.

Implementation Challenges and Future Outlook for Digital Radio Broadcasting

Infrastructure Investment Requirements

The transition to digital radio broadcasting necessitates substantial capital investment in transmission equipment, studio infrastructure, and technical systems. Existing FM broadcasters contemplating migration must evaluate whether the potential audience reach and revenue advantages justify the required expenditures, particularly during the extended simulcast period when they must maintain both analog and digital transmission chains simultaneously.

The voluntary migration approach for existing broadcasters acknowledges these economic realities, allowing operators to make business-driven decisions about transition timing based on their individual circumstances, market positions, and strategic priorities. However, this flexibility creates uncertainty about adoption rates and the pace at which digital radio will achieve sufficient scale to deliver transformative benefits.

Consumer Equipment Transition

The success of digital radio ultimately depends on consumer adoption of compatible receivers. The current installed base consists almost entirely of analog-only devices in homes, vehicles, and portable electronics. Digital receiver penetration will depend on pricing, availability, marketing, and perceived value propositions that digital services offer. The automotive sector represents a particularly important channel, as factory-installed receivers in new vehicles can drive adoption, but this requires coordination with automobile manufacturers and potentially regulatory mandates for digital radio capability in new vehicles.

The data channel capability that digital broadcasting enables could support traffic information, weather alerts, and other value-added services that differentiate digital from analog reception. However, realizing these possibilities requires investment in content development, application ecosystems, and user interfaces that make digital advantages tangible and compelling for consumers.

Regulatory Evolution and Adaptation

The convergence of broadcasting with telecommunications and internet services challenges traditional regulatory categories and jurisdictional boundaries. Digital radio services that incorporate data broadcasting, internet streaming, and interactive features blur distinctions between telecommunications, broadcasting, and information services that have historically been regulated under separate frameworks with different legal principles.

The Telecommunications Act, 2023, represents an attempt to create a unified regulatory framework that accommodates technological convergence while maintaining appropriate oversight. However, implementing regulations must address numerous details regarding how traditional broadcasting principles apply to hybrid services that combine linear programming, on-demand content, and interactive applications.

Conclusion

TRAI’s recommendations for digital radio broadcasting policy represent a carefully calibrated approach to modernizing India’s radio broadcasting sector. The simulcast mode framework balances technological advancement with practical transition challenges, while the auction-based spectrum allocation aligns with market-driven resource distribution principles established under the Telecommunications Act, 2023. The recommendations reflect extensive stakeholder consultation and consideration of international experiences, offering a pragmatic pathway for introducing digital broadcasting while protecting consumer interests and maintaining regulatory oversight.

The success of this policy framework will depend on numerous factors including technology standard selection, investment by broadcasters in infrastructure upgrades, consumer adoption of digital receivers, and the development of compelling content and services that leverage digital capabilities. The flexible sunset provisions for analog broadcasting acknowledge the extended transition period likely necessary for achieving widespread digital penetration while maintaining service continuity for existing listeners.

As implementation proceeds, regulatory authorities must remain attentive to emerging challenges including spectrum interference management, content regulation in converged environments, competition concerns, and consumer protection issues. The policy framework establishes foundations for digital radio development, but ongoing regulatory adaptation will be necessary as technology evolves and market dynamics unfold. The coming years will reveal whether India’s approach to digital radio transition successfully balances innovation, competition, and public interest objectives in reshaping the nation’s broadcasting landscape.

References

[1] Morung Express. (2025, October 3). TRAI releases recommendations on digital radio broadcast policy for private broadcasters. Retrieved from https://morungexpress.com/trai-releases-recommendations-on-digital-radio-broadcast-policy-for-private-broadcasters

[2] Government of India. (2023). The Telecommunications Act, 2023 (No. 44 of 2023). The Gazette of India. Retrieved from https://egazette.gov.in/WriteReadData/2023/250880.pdf

[3] Press Information Bureau. (2024). TRAI releases Consultation Paper on “Formulating a Digital Radio Broadcast Policy for private Radio broadcasters”. Retrieved from https://www.pib.gov.in/PressReleasePage.aspx?PRID=2060201

[4] Communications Today. (2025, October 3). TRAI releases recommendations for digital radio broadcast policy. Retrieved from https://www.communicationstoday.co.in/trai-releases-recommendations-for-digital-radio-broadcast-policy/

[5] The Tribune. (2025, October 3). TRAI recommends auction for allocating frequency bands for digital radio by private broadcasters. Retrieved from https://www.tribuneindia.com/news/broadcast-policy/trai-recommends-auction-for-allocating-frequency-bands-for-digital-radio-by-private-broadcasters