|
Pointing out that due to its "vast responsibilities" the CCI can
become a "monolith", in a 'precautionary note' (included in the
report of the parliamentary panel) two Members of Parliament have
said, "Due its vast powers and establishment, the CCI can become
a hindrance to rapid evolution and convergence of technologies and
services."
If Parliament takes note of the missive from the MPs, it could
lead to the curtailing of the powers of the CCI. It has been further
observed that the CCI can restrict freedom of information for consumers
and freedom of action for service providers if its powers are "not
used properly" and over-arching powers can be "misused through a
tangle of rules, regulations, licences and registration requirements."
Recently IT, telecom and parliamentary affairs minister Pramod
Mahajan had told indiantelevision.com on the sidelines of a Delhi
economic summit that "if need be another round of discussion can
held on the Bill" considering wide ranging views which have been
expressed through the Standing Committee's report.
The note from the two MPs also caution on the control that the
government of the day can have over the CCI.
"By controlling appointments, the government of the day can exercise
too much remote control over the Commission. There can be a risk
of excessive curbs over the independence and autonomy of the Commission
as has happened, for instance, with Prasar Bharati," the note points
out with great accuracy.
If India manages to enact a piece of legislation to govern the
convergence space, then it would be only the second country in the
world, after Malaysia, till now to have such legislation.
Enumerating the several ways in which the government of the day
and the CCI can "enhance authoritarian practices if not used prudently",
the note from the MPs state their assertions may be considered during
the implementation of the provisions of the Bill.
Meanwhile, one of the recommendations of the Standing Committee
pours cold water over Prasar Bharati's ambitions to have a monopoly
over telecast rights, specially those relating to sports, of national
and international importance in the name of public service.
Noting that both Doordarshan and All India Radio offer valuable
services to the general public through their terrestrial networks'
vast reach and that the general public should not be deprived of
viewing of events in the name of free competition, the parliamentary
panel has said CCI needs to be careful on such issues.
Suggesting that Clause 31 of the Bill should be rephrased, the
Committee has said the Clause should read: "The Commission shall
give adequate opportunity of hearing to all persons interested therein
and also ensure that the principles and terms determined by it do
not dissuade broadcasters from bidding for the rights to broadcasts
any such event (which have been notified under the aforementioned
Clause)."
Earlier this year, Prasar Bharati had petitioned the information
and broadcasting ministry that because of high cost of acquiring
telecast rights DD and AIR are generally left out in the cold in
situations where private satellite broadcasters hold sway because
of their financial muscle. In this regard it had also said that
any national and/or international event which is of importance to
the Indian viewing public should also necessarily come to the public
service broadcaster and not be the exclusive prerogative of some
private broadcasters.
|