Category: Regulators

  • TRAI to review telecoms tariff structure

    NEW DELHI: Changing telecom landscape and increasing convergence happening between telecoms and broadcast services have made Telecom Regulatory Authority of India (TRAI) initiate a fresh consultation process regarding telecoms tariff structures.

    The consultation paper put out by TRAI late last week, while highlighting dealing with “emergent issues and challenges”, said the re-assessment becomes necessary to take care of regulatory principles of tariff issues like “transparency, promotional offers, disclosures and non discrimination, adherence to the principle of non-predatory pricing, meaning of predatory pricing, relevant market (and) assessment of dominant position.”

    “The consultation process aims to bring about greater clarity in interpretation of various regulatory principles set out in the TTO (Telecommunication Tariff Order, 1999) in consonance with the best global practices,” the TRAI paper said.

    Of late various telcos have been opposing and criticising TRAI’s inaction in dealing effectively with predatory pricing and offers, especially a comparative newcomer, Reliance Jio. An extension till March 31, 2017 to Jio’s free data offer to its consumers and targets has been the cause of heartburn in the telecom industry.

    According to a news report in Mint newspaper, Market leader Bharti Airtel Ltd has moved the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), raising questions about the validity of the extension of Reliance Jio free offers till March 2017 and accusing TRAI of inaction against Jio.

    While the regulator in the past has justified its actions on the Jio free offer fracas, in its latest consultation paper it explained the need to go in for a fresh assessment of the tariff structures of telecoms service providers: “Despite the amendments made to the TTO and other regulations issued to factor in various market developments, a need has been felt to undertake a comprehensive review of the TTO framework, albeit in a phased manner, starting with a discussion on the core regulatory principles enshrined in the TTO…The consultation is in line with the decision taken in the meeting held with the CEOs of the TSPs (telecoms service providers) on 6 January 2017 to discuss the annual calendar of activities of TRAI for the year 2017, which, inter-a/ia, included developing a new framework for tariffs in evolving telecommunication sector and on which there was a consensus.”

  • TRAI jurisdiction: IBF plea dismissed, AIDCF impleadment decision on 22 Feb

    MUMBAI: Cable operators body may become interveners in the Item 7 case heard last Friday between television broadcasters and TRAI over tariff issues vis-a-vis international and Indian copyright laws in the Madras High Court. Indian Broadcasting Foundation’s plea to be heard in the case was however dismissed with leave to file fresh writ petition, if required. 

    After Star India and Vijay TV had moved the high court appealing against TRAI’s jurisdiction to draw guidelines over tariff and commercial matters where copyrights was involved relating to content, the regulator had moved the Supreme Court seeking succour.

    As far as AIDCF’s impleadment application and that of D2H are concerned, while the judges were convinced that the All India Digital Cable Federation, India’s apex body for digital multi-system operators, could be interveners, whether or not they could be impleaded will be heard in next hearing as, due to paucity of time, their submissions could not be completed. AIDCF president TS Panesar could not be reached.

    “There is no speaking order on AIDCF’s intervention yet,” STAR India’s senior VP – legal and regulatory Pulak Bagchi told www.indiantelevision.com. After Supreme Court hears the case on 20 February, it will come up in the Madras High Court, which will decide if AIDCF could implead or intervene, Bagchi said.

    The Madras High Court case has now been adjourned to 22 February for further arguments in the impleadment application. The judges also verbally indicated that their writ petition would be heard, and that, if impleaded, counters would need to be filed by AIDCF by 7 March. “We undertook to do so if impleaded,” an AIDCF representative told www.indiantelevision.com.

    As reported by www.indiantelevision.com on 1 February, 2017, MSOs had joined issue requesting the Madras High Court to hear their views too. AIDCF has sought to be impleaded in the case and urged the high court — hearing the Star India-Vijay TV case against TRAI over draft tariff guidelines — that, while disposing of the case, it’s viewpoints should also be heard and taken into account.

    Sources had indicated that the MSOs had moved the court as they apprehended the viewpoints of  distribution platforms of TV services in India, notably the MSOs, may not be heard; especially when they have views that don’t converge with those of the petitioners on all aspects of the petition.

    Industry observers had explained that the presence of distributors in the court made the case interesting as the IBF too had urged to be heard. The application of IBF however was yesterday dismissed by the high court with leave to file fresh writ petition, if required. www.indiantelevision.com could not reach IBF for comment and next strategy.

    However the apex court, while  directing TRAI that it could continue with its regulation-framing exercise and seek its nod before mandating guidelines, observed that the regulatory body should argue its case before the Madras High Court, declining to stay proceedings in the high court.

    The high court had asked TRAI to maintain status quo on tariff guidelines till full hearing of the case filed by Star India and Vijay TV. 

    With regard to the impleadment applications, Ar. L Sundaresan appeared on behalf AIDCF, Vijay Narayan appeared on behalf of D2H and A l Somayaji appeared on behalf of IBF. A counter-affidavit was filed by Vijay TV to AIDCF’s impleadment application. 

    Sundaresan made submissions in AIDCF’s impleadment application to which Chidambaram objected. The other senior counsel also made submissions in support of their respective impleadment applications which was also objected to. 

    P. Chidambaram appeared on behalf of one of the petitioners and P.S. Raman appeared for the other. They did not mention in which WP they were appearing in. And, P. Wilson appeared on behalf of the regulator TRAI. 

    Also Read:
    MSOs join issues with TRAI tariff plea at Madras HC

    Tariff order: Don’t notify without SC nod, TRAI told; Madras HC case to continue

    DAS Phase IV pace slack; MIB to meet Indian STB makers

  • Net Neutrality ideas date open till 28 Feb

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) issued a Consultation Paper on Net Neutrality on 4 January, 2017 inviting written comments from the stakeholders by 15 February, 2017 and counter comments by 28 February, 2017.

    On request from the stakeholders, the last date for receipt of written comments, if any, from the stakeholders has been extended up to 15th March, 2017 and counter comments by 22nd March, 2017.

    Written comments on the Consultation Paper may be sent, preferably in electronic form, to Advisor (QoS). All comments will be posted on the TRAI’s website.

    Also Read:

    http://www.indiantelevision.com/iworld/telecom/trai-issues-fresh-paper-seeking-views-on-net-neutrality-definition-170105

    http://www.indiantelevision.com/regulators/trai/free-data-net-neutrality-discussion-on-trai-paper-to-be-held-161020

    http://www.indiantelevision.com/regulators/trai/trai-chief-pending-das-tariff-interconnect-qos-norms-by-year-end-161212

  • MIB petitioned on pre-censorship of period cinematic content

    NEW DELHI: If a fringe group from Rajasthan has its way, then period cinematic dramas may face pre-censorship, which sooner or later could also lead to government interventions for TV content that still doesn’t face much content regulations and pre-screening vetting.

    Rajasthan’s Karni Sena wants pre- censorship of period films and plans to approach the Ministry of Information and Broadcasting (MIB) in this regard. It had recently protested against Sanjay Leela Bhansali’s period film `Padmavati’ accusing him of presenting “distorted facts”, according to a PTI report.

    “We are asking the I&B ministry about the pre-censorship of historic films. We are also hoping for some support from producer and director associations and in fact they are ready to give their support,” the PTI report quoted Karni Sena chief Lokendra Singh Kalvi as stating.

    Karni Sena had stalled the shooting of the Ranveer Singh-Deepika Padukone starrer by vandalising the set at the Jaigarh Fort in Jaipur in the northern state of Rajasthan and also assaulted director Bhansali. The acts weren’t strongly condemned by either the State or the Central governments and MIB minister M. Venkaiah Naidu had made some vague statements about freedom of expression in seemingly limp support of the film industry.

    “Our demands have been fulfilled by them (the film-makers of `Padmavati’). They have promised that they won’t show any kind of personal rapport between the actors in the movie (Rajput queen Padmavati and the then Muslim ruler in Delhi Allauddin Khilji),” Kalvi told PTI.

    According to the report, Kalvi said his group will also try to hold discussion over pre-screening of all historic films to journalists and historians so there was “no distortion of history.”

    TV and film industry observers opined that if the government capitulated to such pre-censorship of demands regarding films, it would be just a matter of time when similar demands would be made of historical and period serials aired on TV channels, the number of which are increasing on GECs.

    Incidentally, the film `Padmavati’ is based on `Padmavat’, a celebrated fictional ballad written in the Awadhi dialect of Hindi by 16th-century Indian Sufi poet Malik Muhammad Jayasi. The plot revolved around the beautiful queen Padmavati, originally hailing from Sri Lanka, who married a Rajput prince and came to the then India that was made up of a plethora of independent and princely states and had to commit suicide by jumping into a pyre to save her honour from the Muslim ruler of Delhi Khilji who got besotted by her reported beauty and annihilated her husband’s kingdom.

    As some critics have said, fiction is being turned into history in the 21st century India and artistic creativity was being stifled.

  • Shifting to green tech: TRAI extends ideas date till 14 March

    NEW DELHI: Stakeholders wanting to give suggestions to the Telecom Regulatory Authority’s efforts towards the effect of telecom on climate change and green house gas emissions have been asked to send in their views by 14 March 2017.

    Stressing this is the last extension, TRAI said the counter-comments can be sent by 28 March 2017.

    Following a request received from the Department of Telecom, TRAI had issued the Consultation Paper on Approach towards Sustainable Telecommunications in mid-January this year. The paper has raised fourteen questions.

    TRAI had issued a paper on similar issues in 2012 and the DoT had in fact given directions on that basis, but new issues have cropped up with emerging technologies.

    India has the second largest and fastest growing mobile telephone market in the world. Power and energy consumption for telecom network operations is by far the most important significant contributor of carbon emissions in the telecom industry.

    Hence, it is important for the telecom operators to shift to energy efficient technologies and alternative sources of energy. Moreover, Going Green has also become a business necessity for telecom operators with energy costs becoming as large as 25 per cent of total network operations costs. A typical communications company spends nearly one per cent of its revenues on energy which for large operators may amount to several million rupees.

    Also read:

    Shift to energy-efficient tech; TRAI seeks ideas by 27 Feb

  • Govt reiterates inability to permit private radio news

    NEW DELHI: Reiterating its long-held stand that it was difficult to monitor news bulletins on FM and community radio channels, the Centre has expressed that permitting privately produced news bulletins could endanger “national security and public order”.

    The Government has already announced that Community Radio Stations and private FM in Phase III can air bulletins of All-India Radio without any payment.

    The government in an affidavit in the Supreme Court said it could not permit news content on FM as it might be misused by anti-national elements in the country and outside to propagate their agenda and radical views, posing a grave danger to the country.

    Answering the Court’s query in this regard, the Government said there was no mechanism in place to monitor content of live broadcast of all radio stations and law and order problems may arise if they transmit sensitive news.

    It also said several community radio stations were run by NGOs and could be used as platforms to manipulate the minds of local people.

    “Broadcasting of news by these stations/channels may pose a possible security risk as there is no mechanism to monitor the contents of news bulletin of every such station. As these stations and channels are run mainly by NGO or other small organisation and private operators, several anti-national or radical elements within the country can misuse it for propagating their own agenda,” it said.

    The government added that some radio stations also air programmes involving chats with NRIs and these may be exploited too.

    Also Read:  ‘Risk’ in FM stations airing news, apprehends Prasar head

    Why can’t pvt FM channels have news, SC asks govt

  • No proposal to bring news portals under PRB or PCI Acts

    NEW DELHI: The Information and Broadcasting Ministry is not considering making the provisions of Press and Registration of Books (PRB) Act 1867 and Press Council of India Act 1978 applicable to the news portals as these Acts are meant to govern print media sector only.

    Parliament was informed by Minister of State for I and B Rajyavardhan Rathore that according to the Allocation of Business Rules, the Electronics and Information Technology Ministry (MEITY) has been tasked to administer Information Technology Act 2000, under which the digital newspapers or news-disseminating portals fall.

    Rathore said the Government had formulated new guidelines for Central Government advertisements on websites. The policy of Directorate of Advertising and Visual Publicity has been made effective from 24 May 2016 for releasing government advertisements on online platform (such as Google, Yahoo etc.).

    The policy sets out criteria for empanelment of suitable agencies and Rate fixation for advertisements on websites. The new Policy is available on the DAVP website under the heading ‘Electronic/New Media’ sub-heading ‘New Media Policy guidelines for empanelment and rate fixation for Central Govt. Advertisements’.

    The PRB Act is applicable to printed newspapers only and not to online newspapers. Similarly, PCI Act only deals with news items of printed newspapers / journals etc.

    Also Read:

    http://www.indiantelevision.com/television/tv-channels/news-broadcasting/network18s-news18com-re-branded-as-pradeshcom-160204

    http://www.indiantelevision.com/headlines/y2k13/mar/mar32.php

  • Report illegal TV channels, Govt alerted

    NEW DELHI: While stressing that the law was clear that no cable operator could beam any private TV channel which had not been registered with the Government, the minister of state for information and broadcasting Rajyavardhan Rathore said today that a total of 889 private satellite channels had been given valid permission under Uplinking/ Downlinking Guidelines as on 31 January 2017.

    Rathore told the Parliament that Sub Rule 6(6) of the Cable Television Network Rules 1994 specifies that no cable operator shall carry or include in his cable service any television broadcast or channel which has not been registered by the Central Government for being viewed within the territory of India.

    The Ministry has from time to time issued advisories to State Governments to constitute State and District Level Monitoring Committees for broadcast content monitoring.

    The Ministry on 8 July 2016 issued an advisory to the Chief Secretaries of all States/UTs Governments, the District Collectors and the Multi System Operators (MSOs)/ Local Cable Operators (LCOs) to ensure that no unpermitted TV channel, are transmitted/ re-transmitted in the Cable Networks and to take action against the defaulter under the provisions of the Cable Television Networks Act 1995 to stop transmission of these channels.

    In pursuance to this, necessary action had been taken by authorized officers and FIR lodged against the concerned LCO. 

    In mid-2016, the Ministry had also written to the Home Ministry to bring to its notice any illegal channels being beamed in the country.

    However, the I and B Ministry had last month put on its website a list of 899 as at the end of 2016, with nine new television channels cleared in December 2016.

    According to that list, permission had been initially granted to 1054 channels but later the licences of 155 channels had been cancelled. The 899 channels included 500 general entertainment channels and 399 news and current affairs channels.

    Of these, while 788 were allowed to uplink and downlink in India, 20 were permitted to uplink from India but not downlink in the country and 91 channels uplinked from overseas were permitted downlinking into India.

    Also Read:

    Peace TV Saga: 24 TV channels identified unfit for telecast in 2015 by India

    HC terms Care World TV ‘ban’ as illegal

  • Climate favourable for FDI, Flag, Crest, You & Netmagic in queue

    Climate favourable for FDI, Flag, Crest, You & Netmagic in queue

    MUMBAI: The business climate seems to be favourable for more and better inflow of foreign direct investments into India. As the government took steps to improve ease of doing business and relax regulations, foreign direct investment into India grew by 60 per cent to US$ 4.68 billion in November 2016 as compared to US$ 2.93 billion the previous November.

    Star Den Media Services and Idea Cellular are among six proposals recently cleared by the government for receiving foreign direct investment (FDI) of around Rs 1,200 crore.

    Among the proposals that have been deferred for further discussions are — Flag Telecom Singapore Pte Limited, Crest Premedia Solutions Pvt. Ltd, You Broadband India Limited and Netmagic Solutions Pvt. Ltd. Flag Telecom is an indirect wholly-owned subsidiary of Reliance Communications (RCom).

    A proposal by M/s Crest Premedia Solutions Pvt. Ltd seeking approval for issuance of equity shares to the non-resident shareholders of M/s Springer SBM Holding Ltd., a Mauritius Company under a Scheme of Amalgamation was also deferred. 

    M/s You Broadband India Limited had sought post facto approval for acquisition of 9,79,875 equity shares of its downstream company M/s Digital Outsourcing Private Limited (DOPL) in lieu of issue of 20,58,759 equity shares to its resident shareholders by way of swap of shares but this was deferred.

    A proposal by Netmagic Solutions Pvt. Ltd for the increase in the shareholding of NTT Communications Corporation, Japan in the company from 81.63 per cent to 100 per cent was deferred.

    Cumulatively, India attracted US$ 32.49 billion foreign inflows in April-November period of the current fiscal as against US$ 24.81 billion in the same period previous year.

    The main sectors which have attracted foreign inflows during the eight months period of 2016-17 include telecom (US$ 5.47 billion) and information & broadcasting (US$ 1.06 billion).

    Foreign investments are considered crucial for India, which needs around US$ 1 trillion for overhauling its infrastructure sector such as ports, airports and highways to boost growth.

    Also Read:

    Idea, Star Den among Rs-1200 cr FDI proposals approved; latter to switch to investing biz

  • Media Communication Policy being drafted to ensure access to information

    Media Communication Policy being drafted to ensure access to information

    NEW DELHI: A Media Communication Policy is under formulation in the Information and Broadcasting Ministry to address communication needs and enhance access to information.

    Stating this, Minister of State for I and B Rajyavardhan Rathore told Parliament today that the aim would also be to promote national dialogue on development issues by all citizens; and ensure timely, orderly and effective growth and dissemination of Government information.

    This was decided in the State Information Ministers’ Conference (SIMCON) held on 9 and 10 December 2016.

    Various issues concerning State and Central Governments on integrated and effective dissemination of information were discussed.

    It was decided that the policy will be finalized in consultation with States.

    Integrating Government communication with development and enabling participation from citizens to improve decision making and implementation of Government programmes will be the aims of the policy, the Minister said.

    He said facilitating systematic use of communication and information strategies contributes in large measure to more effective use of Government resources and better implementation of Government programmes and policies thereby contributing to improved quality of life of citizens. 

    Also Read:

    Mass Comm courses in regional languages significant: Naidu