ITV

Category: Regulators

  • No fixation of Govt percentage for advertisements in states: Rijiju

    No fixation of Govt percentage for advertisements in states: Rijiju

    New Delhi: The Government has denied that any orders have been issued for fixing the percentage of expenditure for ‘A’ ‘B’ and ‘C’ linguistic regions on advertising in Hindi and English.

    Minister of State for Home Kiren Rijiju said a certain percentage of total expenditure on Government advertisements to be given in Hindi and English may be decided by Central Ministries/Departments according to their requirements.

    This was in accordance with the President’s Orders on the recommendations of the Eighth part of the report of the Committee of Parliament on Official Language, he added in a reply in Parliament.

    Region “A” means the States of Bihar, Haryana, Himachal Pradesh, Madhya Pradesh, Chhattisgarh, Jharkhand, Uttarakhand,  Rajasthan and Uttar Pradesh and the Union Territories of Delhi and Andaman and Nicobar Islands; “Region A” means the States of

    “Region B” means the States of Gujarat, Maharashtra and Punjab and the Union Territory of Chandigarh, Daman and Diu and Dadra and Nagar Haveli.

    “Region C” means all other States and Union Territories

  • SC nixes TRAI’s compensation directive for call drops

    New Delhi: In a judgment that comes as a major relief to telecom operators even as it hits the users, the Supreme Court today held as arbitrary and unconstitutional a decision by the Telecom Regulatory Authority of India in October last year  imposing a compensation for call drops.

    The decision came on an appeal by the the telcos after their petition in the Delhi High Court was dismissed in December last against the directive of compensation of Rs one for every call drop, limited to a maximum of three such calls per day. The TRAI order of October last year was to come into effect from 1 January.

    The Apex Court said the order was “illegal and not transparent”.

    Talking to newspersons outside the court, telecom operators counsel Kapil Sibal said: “(The) SC has rendered historic judgement today by striking down Trai s regulation.”

    “The court said the regulation was unreasonable, arbitrary and the procedure followed was not transparent,” he added. 

     

  • SC nixes TRAI’s compensation directive for call drops

    New Delhi: In a judgment that comes as a major relief to telecom operators even as it hits the users, the Supreme Court today held as arbitrary and unconstitutional a decision by the Telecom Regulatory Authority of India in October last year  imposing a compensation for call drops.

    The decision came on an appeal by the the telcos after their petition in the Delhi High Court was dismissed in December last against the directive of compensation of Rs one for every call drop, limited to a maximum of three such calls per day. The TRAI order of October last year was to come into effect from 1 January.

    The Apex Court said the order was “illegal and not transparent”.

    Talking to newspersons outside the court, telecom operators counsel Kapil Sibal said: “(The) SC has rendered historic judgement today by striking down Trai s regulation.”

    “The court said the regulation was unreasonable, arbitrary and the procedure followed was not transparent,” he added. 

     

  • TRAI warns Pay Broadcasters against ignoring cost per subscriber in interconnect agreements

    NEW DELHI: All the broadcasters of pay channels have been asked by the Telecom Regulatory Authority of India to strictly comply with the provisions of clause 3C of Tariff Order, 2004 and clause 4 of the Tariff Order, 2010 at the time of providing signals of TV channels including in term of Cost Per Subscriber agreements.

    In its direction, TRAI said this was being done “to protect the interest of service providers and consumers” under Section 13, of the TRAI Act 1997, clause 4A of the Telecommunication (Broadcasting and Cable) Services (Second) Tariff Order 2004, and clause 10 of the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order 2010.

    Following a Supreme Court interim order of 18 April 2011, the rate of a bouquet of channels of addressable systems shall not be more than 42 per cent of the rate of such bouquet as specified by the broadcaster for non-addressable systems. 

    The Authority also pointed out that the Tariff Order, 2010 defines bouquet or bouquet of channels and bouquet rate or rate of bouquet as an assortment of distinct channels offered together as a group or as a bundle. The ‘bouquet rate’ or ‘rote of bouquet’ means the rate at which a bouquet of channels is offered to the distributor of TV channels or to the subscriber, as the case may be.

    The Regulator said that on examination of the information relating to the interconnection agreements filed by the broadcasters under the Register of Interconnect Regulations 2004, the Authority noted that in many cases the agreements are signed in the name of CPS deals between the broadcasters and Distribution Platform Operators (Multi System Operators providing cable TV services through Digital Addressable Systems and DTH operators) for offering of channels of the broadcasters in different formations, assemblages and bouquets for a group or a bundle of channels.

    The Authority in a letter on 1 December 2015 requested the broadcasters of pay channels to clarify the exact nature of CPS agreements being executed with different Distribution Platform Operators and also explain how CPS agreements comply with the existing regulatory framework including the provisions of clause 3C of Tariff Order 2004.

    Most of the broadcasters, in their responses stated that all the channels of a broadcaster are given to a Distribution Platform Operator at a single rate per subscriber per month under CPS agreements. The Distribution Platform Operator pays to the broadcaster on the basis of the number of Set Top Boxes carrying any or all the channels of the broadcaster irrespective of number of channels of the broadcaster actually opted by subscribers.

    Most of the broadcasters in their response stated that CPS based agreements are purely mutually negotiated interconnection agreements and cannot be construed as bouquet of channels and hence do not fall within the realm of’ a-la-carte or bouquet offerings and; since CPS agreements do not fall within the category of a-la-carte or bouquet offerings therefore such agreements do not contravene the provisions of the clause 3C of the Tariff Order! 2004.

    After examining the response of the broadcasters in pursuance of
    the provisions contained in sub-clauses (2) and (3) of clause 3C of the Tariff Order 2004 and the definition of bouquet or bouquet of channels in the Tariff Order 2010, and concluded that this nothing but a bouquet or bouquet of channels being given as an assortment of distinct channels being offered together as a group or as a bundle in the CPS agreements.

    And whereas the provisions of the Tariff Order 2004 and Tariff Order 2010 are applicable to all type of interconnection agreements, including mutually negotiated interconnection agreements, entered between the broadcaster and the Distribution Platform Operators and the definition of bouquet or bouquet of channels in the Tariff Order 2010, the conditions specified in sub-clause (2) of clause 3C of the Tariff Order 2004 are applicable on the CPS agreements signed for an assortment of channels offered together as a group or bundle of channels.

    It stressed that sub-clause (3) of clause 3C of the Tariff Order 2004 was clear that a broadcaster may offer discounts to Distribution Platform Operators on a-la-carte rates of its channels or bouquet rates and such offer of discount in no case will directly or indirectly have effect of contravening the provisions of sub-clause (2) of clause 3C of the Tariff Order 2004.

  • TRAI warns Pay Broadcasters against ignoring cost per subscriber in interconnect agreements

    NEW DELHI: All the broadcasters of pay channels have been asked by the Telecom Regulatory Authority of India to strictly comply with the provisions of clause 3C of Tariff Order, 2004 and clause 4 of the Tariff Order, 2010 at the time of providing signals of TV channels including in term of Cost Per Subscriber agreements.

    In its direction, TRAI said this was being done “to protect the interest of service providers and consumers” under Section 13, of the TRAI Act 1997, clause 4A of the Telecommunication (Broadcasting and Cable) Services (Second) Tariff Order 2004, and clause 10 of the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order 2010.

    Following a Supreme Court interim order of 18 April 2011, the rate of a bouquet of channels of addressable systems shall not be more than 42 per cent of the rate of such bouquet as specified by the broadcaster for non-addressable systems. 

    The Authority also pointed out that the Tariff Order, 2010 defines bouquet or bouquet of channels and bouquet rate or rate of bouquet as an assortment of distinct channels offered together as a group or as a bundle. The ‘bouquet rate’ or ‘rote of bouquet’ means the rate at which a bouquet of channels is offered to the distributor of TV channels or to the subscriber, as the case may be.

    The Regulator said that on examination of the information relating to the interconnection agreements filed by the broadcasters under the Register of Interconnect Regulations 2004, the Authority noted that in many cases the agreements are signed in the name of CPS deals between the broadcasters and Distribution Platform Operators (Multi System Operators providing cable TV services through Digital Addressable Systems and DTH operators) for offering of channels of the broadcasters in different formations, assemblages and bouquets for a group or a bundle of channels.

    The Authority in a letter on 1 December 2015 requested the broadcasters of pay channels to clarify the exact nature of CPS agreements being executed with different Distribution Platform Operators and also explain how CPS agreements comply with the existing regulatory framework including the provisions of clause 3C of Tariff Order 2004.

    Most of the broadcasters, in their responses stated that all the channels of a broadcaster are given to a Distribution Platform Operator at a single rate per subscriber per month under CPS agreements. The Distribution Platform Operator pays to the broadcaster on the basis of the number of Set Top Boxes carrying any or all the channels of the broadcaster irrespective of number of channels of the broadcaster actually opted by subscribers.

    Most of the broadcasters in their response stated that CPS based agreements are purely mutually negotiated interconnection agreements and cannot be construed as bouquet of channels and hence do not fall within the realm of’ a-la-carte or bouquet offerings and; since CPS agreements do not fall within the category of a-la-carte or bouquet offerings therefore such agreements do not contravene the provisions of the clause 3C of the Tariff Order! 2004.

    After examining the response of the broadcasters in pursuance of
    the provisions contained in sub-clauses (2) and (3) of clause 3C of the Tariff Order 2004 and the definition of bouquet or bouquet of channels in the Tariff Order 2010, and concluded that this nothing but a bouquet or bouquet of channels being given as an assortment of distinct channels being offered together as a group or as a bundle in the CPS agreements.

    And whereas the provisions of the Tariff Order 2004 and Tariff Order 2010 are applicable to all type of interconnection agreements, including mutually negotiated interconnection agreements, entered between the broadcaster and the Distribution Platform Operators and the definition of bouquet or bouquet of channels in the Tariff Order 2010, the conditions specified in sub-clause (2) of clause 3C of the Tariff Order 2004 are applicable on the CPS agreements signed for an assortment of channels offered together as a group or bundle of channels.

    It stressed that sub-clause (3) of clause 3C of the Tariff Order 2004 was clear that a broadcaster may offer discounts to Distribution Platform Operators on a-la-carte rates of its channels or bouquet rates and such offer of discount in no case will directly or indirectly have effect of contravening the provisions of sub-clause (2) of clause 3C of the Tariff Order 2004.

  • TDSAT: Airan Consultants to pay UCN Cable Rs 50 lakh plus interest

    TDSAT: Airan Consultants to pay UCN Cable Rs 50 lakh plus interest

    NEW DELHI: Airan Consultants Pvt Ltd has been asked by the Telecom Disputes Settlement and Appellate Tribunal to pay to UCN Cable Network Pvt Ltd a sum of Rs. 50,00,020 with interest at the rate of 8 percent from 5 May 2015 till date of payment for carrying the News Express channel on its network.

    Chairman Justice Aftab Alam and member B B Srivastava, who heard the matter ex parte as Airan Consultants Pvt. Ltd did not put in an appearance, came to their judgment on the basis of the documents presented and the lone witness examined.

    While UCN Cable had demanded interest at 24 per cent, the tribunal confined it to 8 per cent which will be paid till the date of the final payment. 

    The tribunal said in the case of the second agreement, Airan had failed to fulfil its obligation and not even responded to the communication from the petitioner for payment.

    UCN Cable said the two parties executed an agreement in November 2013 for the period 6 November 2013 to 5 November 2014 for carrying the channels of Airan Consultants on its network and placing it in the digital and U band, below 800 mghz in analogue mode in the territory mentioned in the agreement. UCN has stated that it raised invoices in pursuance of this agreement and received payment as well against them. Both parties in furtherance of their relationship executed another channel placement agreement for one year from 6 November 2014 till 5 November 2015. The amount for the placement of the news channel “JIA News” was Rs 89 lakh per annum inclusive of all taxes except service tax and payable quarterly in advance.

    UCN says it fulfilled its obligation in respect of carrying the new channel on its network and placing it as agreed. Accordingly, it raised invoice for an amount of Rs 50,00,020. It stated that Airan sent a photocopy of a cheque dated 15 February.2015 drawn on Bank of India, Corporate Banking Branch, Nagpur, for an amount of Rs 45,000,18 through WhatsApp promising to deposit it directly into UCN’s account. UCN has said that Airan not only failed to deposit the cheque but did not respond either to UCN’s e-mails of 27 February, 9 March, 30 April and 1 May 2015. Thereafter, UCN served a legal notice on 3 August 2015.

  • TDSAT: Airan Consultants to pay UCN Cable Rs 50 lakh plus interest

    TDSAT: Airan Consultants to pay UCN Cable Rs 50 lakh plus interest

    NEW DELHI: Airan Consultants Pvt Ltd has been asked by the Telecom Disputes Settlement and Appellate Tribunal to pay to UCN Cable Network Pvt Ltd a sum of Rs. 50,00,020 with interest at the rate of 8 percent from 5 May 2015 till date of payment for carrying the News Express channel on its network.

    Chairman Justice Aftab Alam and member B B Srivastava, who heard the matter ex parte as Airan Consultants Pvt. Ltd did not put in an appearance, came to their judgment on the basis of the documents presented and the lone witness examined.

    While UCN Cable had demanded interest at 24 per cent, the tribunal confined it to 8 per cent which will be paid till the date of the final payment. 

    The tribunal said in the case of the second agreement, Airan had failed to fulfil its obligation and not even responded to the communication from the petitioner for payment.

    UCN Cable said the two parties executed an agreement in November 2013 for the period 6 November 2013 to 5 November 2014 for carrying the channels of Airan Consultants on its network and placing it in the digital and U band, below 800 mghz in analogue mode in the territory mentioned in the agreement. UCN has stated that it raised invoices in pursuance of this agreement and received payment as well against them. Both parties in furtherance of their relationship executed another channel placement agreement for one year from 6 November 2014 till 5 November 2015. The amount for the placement of the news channel “JIA News” was Rs 89 lakh per annum inclusive of all taxes except service tax and payable quarterly in advance.

    UCN says it fulfilled its obligation in respect of carrying the new channel on its network and placing it as agreed. Accordingly, it raised invoice for an amount of Rs 50,00,020. It stated that Airan sent a photocopy of a cheque dated 15 February.2015 drawn on Bank of India, Corporate Banking Branch, Nagpur, for an amount of Rs 45,000,18 through WhatsApp promising to deposit it directly into UCN’s account. UCN has said that Airan not only failed to deposit the cheque but did not respond either to UCN’s e-mails of 27 February, 9 March, 30 April and 1 May 2015. Thereafter, UCN served a legal notice on 3 August 2015.

  • MIB’s new joint secretary in charge of Prasar Bharati affairs

    MIB’s new joint secretary in charge of Prasar Bharati affairs

    NEW DELHI: Senior Indian Postal Service officer Anju Nigam has been appointed Joint Secretary in the Information and Broadcasting ministry.

    Nigam is a 1988 officer and will take charge for a period of five years or until further orders (whichever is earlier) from the date she assumes charge.

    She takes the place of Indian Administrative Service officer Puneet Kansal who was in charge various matters such as e-auctions and other issues in Prasar Bharati, Kansal was from the Sikkim cadre in the 1996 batch.

  • MIB’s new joint secretary in charge of Prasar Bharati affairs

    MIB’s new joint secretary in charge of Prasar Bharati affairs

    NEW DELHI: Senior Indian Postal Service officer Anju Nigam has been appointed Joint Secretary in the Information and Broadcasting ministry.

    Nigam is a 1988 officer and will take charge for a period of five years or until further orders (whichever is earlier) from the date she assumes charge.

    She takes the place of Indian Administrative Service officer Puneet Kansal who was in charge various matters such as e-auctions and other issues in Prasar Bharati, Kansal was from the Sikkim cadre in the 1996 batch.

  • Parliamentary Committee: I&B allocations and Plan Execution Strategy

    Parliamentary Committee: I&B allocations and Plan Execution Strategy

    NEW DELHI: A Parliamentary Committee has said it is ‘constrained’ that the quantum allocation for the Information and Broadcasting ministry under the Plan segment so far in the 12th Plan period is insufficient to fulfil the envisaged objectives and has recommended a high level review for requisite enhancement of Plan fund allocation in the ensuing Plan period.

    This was particularly so considering the wide mandate of this ministry to reach out to the billion plus population of the country, the Standing Committee for Information Technology which examines issues relating to I&B said.

    A scrutiny of trend of utilization of Plan funds during the four years of the 12th Plan Period (2012-13 to 2015-16) indicates that a sum of Rs 2,802.72 crore was spent against the Budget Estimate (BE) allocation of Rs 3,729.53 crore in the corresponding period.

    When compared to the Revised Estimate (RE) allocation which was of the order of Rs 2,918 crore for these years, it depicts 96 percent utilization.

    The Gross Budgetary Support (GBS) approved for the ministry in the 12th Five Year Plan was Rs 7,583 crore, accounting for 39 percent increase over the 11th Plan allocation.

    For the year 2016-17, the Committee said the ministry should take up the matter with the Finance ministry for enhancement of Plan funding at the RE stage. Most importantly, the ministry should also take steps to strengthen its Plan execution strategy so that the fund allocated at the BE stage in the current fiscal is optimally utilized.

    The Committee which comprises members of both Houses of Parliament wanted to be apprised of the steps taken by the ministry for overall increase in the allocation of funds and measures taken to scale up financial performance in the year 2016-17.

    A close look at the financial performance of the ministry for the year 2015-16 indicated that they were able to spend Rs 734.39 crore on Plan schemes against an outlay of Rs 914.53 crore at the BE Stage.

    The reasons for shortfall in utilization of funds during 2015-16 had been broadly attributed to reduction of outlay at the RE stage by the Finance ministry, long processes for procurement of goods and services for Prasar Bharati, and delay in approval of the new schemes for the 12th Five Year Plan period under the sectors particularly in Film and Broadcasting.

    The Committee noted that the ministry stated that the low expenditure of Prasar Bharati had poorly reflected on the ministry’s overall expenditure for the year 2015-16. An outlay of Rs 800 crore has been made for financing the Plan schemes of the ministry for the year 2016-17, which is Rs 114.53 crore lesser than the BE allocation made in the year 2015-16. According to the ministry, the overall reduction in allocation of funds would impact financing of the planned schemes.

    The Committee which comprises members of both houses of parliament observed that the annual Plan expenditure of the ministry so far during the 12th Plan period, on an average, has been a little over Rs 700 crore.

    In its statement, the ministry told the Committee that the GRB for the 11th Plan stood at Rs 5,439 crore for financing the Plan schemes of the ministry. The GBS for the 12th Five Year Plan period was increased by over 39 percent amounting to Rs 7,583 crore during the 12th Plan period. Besides, a provision of Rs 1,000 crore had been kept for Internal and Extra Budgetary Resources (IEBR) by Prasar Bharati for financing the new content development schemes of Prasar Bharati during the 12th Five Year Plan.

    The ministry said the increased GBS helped it in achieving various goals and objectives including completion of the New Media Centre and Soochna Bhavan, successfully commemorating 100 years of Indian cinema, launching of Social Media Platform to enable government’s presence and to have direct interface with target audience, increased monitoring capacity of TV channels by the Electronic Media Monitoring Centre, visible increase in community Radio stations, successful completion of Phases I, II, III (substantially) of Cable TV Digitization and launching and operationalization of the Kisan Channel.

    The utilization trend of funds during the four years of the 12th Plan (Rs in crores) is:

    YEAR

    2012-13

    2013-14

    2014-15

    2015-16

    Total

    BE

    905.00

    905.00

    1005.00

    914.53

    3729.53

    RE

    676.00

    740.00

    752.00

    750.00

    2918

    Expenditure

    612.10

    715.22

    740.78

    734.39

    2802.74

    percent Exp w.r.t RE

    91

    97

    99

    98

    96 (2012-13 to 2015-16)