Category: Regulators

  • Steps taken to allow level-playing field in FDI for all MSOs and LCOs, rules tightened on ownership

    Steps taken to allow level-playing field in FDI for all MSOs and LCOs, rules tightened on ownership

    MUMBAI: In a major step to create a level-playing field, cable operators or multi-system operators who are not undertaking upgradation of networks towards digitalization and addressability will also be entitled to 100 per cent foreign direct investment.

     

    However as in other cases where it has increased the FDI to 100 per cent, entry beyond 49 per cent will be through the government route.

     

    There is also a change in the policy with regard to uplinking and downlinking of channels. The investment will be 49 per cent through the government route with regard to uplink of news and current affairs channels but uplinking of non-news and current affairs channels (GECs) will be 100 per cent through the automatic route. Downlinking of TV channels is also 100 per cent through the automatic route.

     

    The investment for terrestrial FM radio continues to be 49 per cent through the automatic route, subject to such terms and conditions specified from time to time by the Information and Broadcasting Ministry for grant of permission for setting up of FM Radio stations.

     

    These changes have come after a re-assessment of the relaxations allowed in fifteen sectors including broadcasting on 10 November.

     

    It was also clarified that in the I and sector where the sectoral cap is up to 49%, the company would need to be’owned and controlled’ by resident Indian citizens and Indian companies, which are owned and controlled by resident Indian citizens.

     

    The Department of Industrial Policy and Promotion of the Commerce Ministry said for this purpose, the equity held bythe largest Indian shareholder would have to be at least 51% of the total equity, excluding the equity held by Public Sector Banks and Public Financial Institutions, as defined in Section 4A of the Companies Act 1956 or Section 2 (72) of the Companies Act 2013, as the case may be.

     

    The term ‘largest Indian shareholder’ will include any or a combination of individual shareholders, or a relative of the shareholder within the meaning of Section 2 (77) of Companies Act 2013; and a company/group of companies in which the individual shareholder/HUF to which he belongs has management and controlling interest; in the case of an Indian company, a group of Indian companies under the same management and ownership control.

     

    For the purpose of this Clause, “Indian company” will be a company which must have a resident Indian or a relativeas defined under Section 2 (77) of Companies Act 2013/ HUF, either singly or in combination holding at least 51%of the shares.

     

    This is subject to the provision that in case of a combination of all or any of the entities will have entered into alegally binding agreement to act as a single unit in managing the matters of the applicant company.

  • TRAI calls for expediting interconnection

    TRAI calls for expediting interconnection

    MUMBAI: The implementation of Digital Addressable Cable TV Systems (DAS) in India is in progress in a phased manner. The entire structuring is planned in 4 phases.  In Phase-III, the    sunset  dates   for   analog   TV   transmission in   urban   areas   is 31 December, 2015.  

     

    The  MSOs (Multi System  Operators), who   have  been  granted registration  for  providing   cable  TV  services through  DAS,  are required to enter  into interconnection agreements with pay TV broadcasters for  re-transmission of  pay  TV  channels to  the  subscribers.

     

    According to the official report for implementation of DAS, the Authority has notified a comprehensive regulatory framework encompassing interconnection, quality of service, consumer complaint redressal regulation and tariff orders.

     

    The Regulatory framework for DAS  provides that every broadcaster shall  provide  the  signals of TV  channels to a  MSO, in accordance with  its  reference  interconnect offer  or as  may  be mutually agreed,  within  60 days from  the date of receipt  of the request and in case the request for providing signals of TV Channels is not agreed  to, the reasons  for such  refusal to provide signals  shall  be  conveyed to the  person  making  a request  within  60  days  from  the  date  of request.

     

    As the cutoff date for Phase-III areas is fast approaching, the registered MSOs are advised to make a written request to the broadcasters of pay channels for provisioning of the signals of TV channels as per their business requirement, so that they get signals of pay TV channels well before the cutoff date.

     

    The MSOs  who  have  approached  pay TV  broadcasters  for providing  signals  of TV channels  in accordance  with the provisions  of the interconnection  regulations  but have not been able to enter into interconnection  agreement even after passage of 60 days from the date of making request and also not received valid reasons for not entering into interconnection agreement from the broadcaster may write to TRAI by 28 November, 2015 through e-mail at das@trai.gov.in  for initiating action in such cases as per TRAI Act.

  • MIB sets up toll free call centre for seamless transition of DAS

    MIB sets up toll free call centre for seamless transition of DAS

    MUMBAI: The Ministry of Information and Broadcasting (MIB) has set up a Toll Free Telephone Number 1-800-180-4343 to answer queries of stakeholders, including consumers, for seamless transition to digitisation. To begin with the queries can be answered in 8 Indian languages – Hindi, English, Bangla, Gujarati, Marathi, Telugu,Tamil & Kannada. 
     

    After the completion of first two phases of cable TV digitisation, which covered 4 metros (Delhi, Mumbai, Kolkata and Chennai) and 38 cities having populations of more than 10 lakh each, Phase III of digitisation is underway. It would cover all the remaining urban areas in the country and is to be completed by 31 Dec 2015. 

    The MIB has been facilitating the smooth switchover to digitisation. In this connection a list of urban areas to be covered in Phase III has been finalised in consultation with the state/Union Territory Governments. A Task Force has been constituted which is meeting every month to take stock of the progress. State and Union Territory Governments have nominated state level and district level nodal officers for coordination work. 10 workshops have been conducted by the Ministry of I&B at regional level to sensitise the nominated nodal officers about their role in the digitisation process.

     

    Twelve regional units have also been set up by the MIB for effective coordination. Secretary (I&B) has requested all the Chief Secretaries to set up monitoring committees to review preparedness for digitisation. Broadcasters as well as Multi System Operators (MSOs) have launched public awareness campaign. MIS software has been made operational for collection of seeding status of Set Top Boxes (STBs) online from registered MSOs, Direct To Home (DTH) and Headend In the Sky (HITS) operators. 

  • Will foreigners buy into easing of FDI in cable TV, DTH?

    Will foreigners buy into easing of FDI in cable TV, DTH?

    MUMBAI: The government has earlier this week announced the lifting of Foreign Direct Investment (FDI) barriers for 15 sectors as a Diwali bonus to industry.

     

    Hereon, the limit for uplinking of news and current affairs for television channels has been increased from 26 per cent to 49 per cent. Foreign majors wanting to look at a long term play in the broadcast distribution space can now pump in 100 per cent in cable TV networks (multi-system operators and local cable operators), DTH, teleport, headend-in-the-sky (HITS) and mobile TV ventures as against the 74 per cent earlier Distribution platforms can raise as much as 49 per cent FDI through the automatic route. If companies want to go beyond that, they will need government approval. The radio sector has got some welcome breathing space in that investment limits have been hoicked to 49 per cent from 26 per cent earlier.

     

    What does this all mean for the television ecosystem? Will there be a flood of money flowing into cable TV, DTH, teleport, HITS and mobile TV ventures from overseas? Will news channels attract foreign investment by the sackful?

     

    We, at indiantelevision.com, believe that none of this likely to happen in a hurry in all the segments that have been prised open.

     

    Distribution is a tough play in India as history has shown. It is relatively unorganized, with low ARPUs, it lacks transparency, is small in scale, and is short on capital, which makes it an unappealing asset to invest in. Digitisation of cable TV has led to some improvement, but it is still a halfway house. The lack of last mile customer ownership, paucity of subscriber information, lack of two way addressability, and business norms and ethics make it a relatively high risk investment.

     

    Things may change if Reliance Jio makes inroads into cable TV and brings some order into it. However, its management may well discover that distribution is like a slippery soap in a shower, that  it is more complicated than distributing electricity or exploring and drilling for oil.
     

     

    It is the MSOs’ broadband businesses that are a lot more transparent,  that have in any case been spun off into separate companies keeping in mind government regulations and restrictions.  And this is what may catch the interest of investors.

     
    In the nineties, Rupert Murdoch partnered with Subhash Chandra in Siticable – only to exit a little later with his knuckles bruised. A few years later he once again took a shot at it when Star India invested in the Rajan Raheja promoted Hathway Cable & Datacom. Once again, he had to exit yelping in pain. Since then, Star has been extremely averse to investing in cable TV.

     Most of the major distribution ventures are listed: Siticable, Hathway Cable & Datacom, Ortel, Hinduja, Den Cable, SunTV, DishTV, Airtel, Reliance Big (the management is currently getting it delisted),  and some even have attracted private equity investments. But the stock market has not really bought into pure play distribution initiatives and the shares have been depressed as compared to the prices they could command. The PEs which have parked funds in them are still waiting for a nice fat return on their investments.

     Where FDI has worked is in the DTH space and the sole exception is DTH operator Tata Sky in which Twenty First Century Corp holds a 30 per cent stake.  Then there is Videocon d2h, which is listed on Nasdaq, following to the support of its lead investment partner Harry Sloan of Silver Eagle. The Essel group owned Dish TV has got the thumbs up from the market and has got a buy recommendation from many research firms.

     
     
    DTH operators, unlike their cousins on the ground, are more organized, professional, have transparency of operations and have recently started getting some payback from their upfront and cumulative investments over the past decade or so building scale in their customer base.

     
    Hence, it is quite possible that Dish TV, Airtel, Videocon, and Tata Sky might see some activity following the loosening of FDI.  But even prior to the announcement, not many investor suitors had lined up looking to partner with them.

    At the time of writing this report, the stock markets had reacted positively to the news about the easing of FDI in media, and had pushed up the share prices of Dish, Siticable, DEN Networks by 10 per cent plus before Diwali.

     Sun TV, has so far been happy being a lone player with a stranglehold on its markets, and has desisted from partnerships with local players. One does not know if promoters Kalanithi and Kaveri Maran will change their thinking now.

     As far as news is concerned, major news organisations worldwide have enough on their hands. They are grappling with the changing paradigm of news gathering and dissemination, courtesy the explosion in social media and their live streaming apps which threaten to make individuals  – whether journalists or online stars – with huge followings, a rival to large news networks. For the new millennials, online is the preferred source of news, which they consume on their twitter or facebook timelines.

     India has a surfeit of news channels or ‘views channels’; many of them are run for purposes of influence, and not as commercial initiatives. For the relatively more professional ones, the key question is whether foreign investors – especially those in the news business would be happy with a less- than majority equity position in a news television channel. For that to appear attractive they will look for dividends or a northward movement in the stock price.
     

     
    News organizations normally are obsessive about keeping control over the content on a news channel. But you there have had been licensing deals – like in the case of CNN-IBN.  Others have come in on their own, after getting downlinking and uplinking clearances.

     

    It’s not as if news television in India is a very scalable business opportunity.  At least, so far. The largest news network does revenues of around Rs 500 crore.  This could go up to Rs 1000 crore with the expansion in regional news and distribution internationally. The limited scalability despite, amongst the news players some of whom look alluring figure: NDTV, Times Now, Zee Media, TV9, TV Today, ITV group, and  India TV. Of course some smaller players like BAG Films E24 group might attract FDI.

     

     What should come as a relief is the allowing of 100 per cent FDI through the automatic route in non-news and current affairs channels. Many new channels and broadcast networks which are looking  to expand their global footprint to include the Indian audience may now do so, either through mass and/or niche channels. Full ownership means they can control their destinies in India.
     
    Now that the government has opened its house on FDI in media, it would do well by making the procedures simpler and faster. TV broadcast players managements have to perforce get ministry of home affairs, ministry of information and broadcasting’s  and RBI’s clearances. The  bureaucrats,  directors and officers in these bodies need to be trained to reflect the Modi government’s approach in being industry enabling, rather than being obstructionist. Maybe a single window clearance approach could help. Otherwise, even this FDI liberalization may end up being another well-intended-but-misplaced initiative.

     

  • TDSAT asks Durgapur MSO to permit head-end inspection by Star India

    TDSAT asks Durgapur MSO to permit head-end inspection by Star India

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) directed the multi-system operator (MSO) Akash Tori Infocom Services to allow Star India to examine its headends in Durgapur on 18 and 19 November.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava listed the matter for 27 November.

     

    The order was given after the Tribunal was informed by Akash Tori counsel Radhika Gupta that the MSO had not yet received some set top boxes (STBs) it had ordered.

     

    When the matter had first come up on 19 October, the Tribunal had noted that Akash Tori was a ‘fledgling multi-system operator’ and ‘Star India cannot have any objection to give its signals on RIO terms to it,’ permitting Star to examine the headend of the MSO.

     

    However, Star India counsel Arjun Natarajan told the Tribunal today that the MSO had not given a convenient date as instructed by the Tribunal and it was only when the broadcaster wrote to the MSO that it had referred to the STBs, which were yet to arrive.

     

    Thereupon, Justice Alam queried as to why an MSO should file a petition for signals when it was not ready to receive them. The MSO had filed a petition seeking Star’s signals in digital mode on RIO terms.

  • MSO clearances spurt as DAS Phase III deadline looms; DEN Ambey gets permanent license

    MSO clearances spurt as DAS Phase III deadline looms; DEN Ambey gets permanent license

    NEW DELHI: The panic button appears to have been pressed. With the looming end of year deadline of completion of digital addressable system (DAS) Phase III, the number of multi system operators (MSOs) has jumped to 473 as of 4 November from 429 as on 21 October.

     

    Of these, 227 – one more in the past fortnight – have 10-year licences and a total of 246 (against 203 on 21 October) have obtained provisional licences.

     

    The only new entrant in the permanent licence list, cleared yesterday, is New Delhi’s DEN Ambey Cable Networks, which will provide DAS signals in Uttar Pradesh except Agra, Lucknow, Ghaziabad, Meerut and Varanasi.

     

    Information and Broadcasting (I&B) Ministry sources said it had still not received any formal communication of the Home Ministry’s decision to do away with security clearances for MSOs, while some had been given provisional licences pending certain formalities relating to shareholders and so on.

     

    According to the list put on the I&B Ministry’s website, Kal Cables of Chennai and Digi Cable Network of Mumbai remain on the cancellation list. On the other hand, Mumbai based Scod 18 Networking has also been refused security clearance while Bengaluru’s SR Cable TV has shut down its business.

     

    Twelve MSOs, which had earlier been granted permanent licences were permitted to change their areas of operation.

  • TDSAT sends team to Punjab to ascertain alleged links between Fastway & Apna Cable

    TDSAT sends team to Punjab to ascertain alleged links between Fastway & Apna Cable

    NEW DELHI: A team of three Advocate Commissioners has been appointed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to go to Talwandi Sabo in Punjab to examine allegations as to whether Fastway Transmission Pvt. Ltd is using an entity by the name of Apna Cable to transmit signals in the area of the Malwa Cable Operator Sangarsh Committee.

     

    The allegation by the 12 cable operators, who are members of the Committee, is that Apna Cable is transmitting signals in analogue mode and is operating in digital mode.

     

    The team will also examine whether Apna Cable has its own head-end and cable network or if it is using the “leased lines” taken from Fastway or is otherwise using the network, systems or equipment of Fastway. It will also look into whether Apna Cable is engaged in laying down any cables in that area and being helped by Fastway in doing so.

     

    The commissioners will also find out all the channels that Apna Cable is giving to its subscribers and which of those channels are being received from Fastway and which channels it is getting directly from different broadcasters on the basis of agreements with them. 

     

    The commissioners will also find out by engaging with subscribers of both Apna Cable and the petitioner LCOs the amounts of monthly subscription fee they are charging from their respective subscribers and whether Apna Cable has issued pamphlets or it is making any public announcements that the subscribers should take the Fastway channels from Apna Cable at much lower rates than those realised by the petitioner LCOs.

     

    The Advocate Commissioners – Nasir Husain, Vibhav Srivastava and Ravi S S Chauhan – have been asked to go to the area by the end of this week and the matter has been listed for 23 November.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava also directed that Apna Cable be issued notice and added to the list of respondents.

     

    The Tribunal noted that there appeared to be “some seriously disputed facts on the ground.”

     

    In pursuance of the previous order passed on 14 October, Deenadayalan had been appointed as the Advocate Commission but could not proceed beyond Bhatinda becase of serious social disturbance and was advised to come back. 

     

    Fastway counsel Navin Chawla denied the allegations about Apna Cable and said there was no link between his client and the LCO.

     

    The petitioners alleged that Apna Cable is only a front name and the entire work of cable-laying is being done at the instance of and using the resources of Fastway. It is alleged that Apna Cables is receiving signals from Fastway and re-transmitting those signals in the petitioners’ area of operation in analogue mode. It is further alleged that Apna Cable is issuing pamphlets and making public announcements that the subscribers should take their signals from Apna Cable as it would give them Fastway signals at a much cheaper rate. According to the petitioners, Apna Cable is an entity simply set up by Fastway as a ploy to drive them out of business.

     

    According to Chawla, Apna Cable had its own independent head-end and it has interconnect agreements with a few broadcasters whose signals it might be transmitting on the basis of the agreements with them. But during arguments, he said a little later that Fastway has given leased lines to Apna Cable and it might also be giving some local free-to-air channels like the live telecast from the Golden Temple to Apna Cable. The Tribunal noted that “admittedly Fastway is not giving any of its local free-to-air channels, like the live telecast from the Golden Temple to any of the LCOs represented in this petition.”

     

    The Commissioners will first try to find out if the supply of signals to the 12 LCOs (whose description is given in the affidavit filed on 14.09.2015) was disrupted for several days in the middle of October 2015. For this purpose, the team of Commissioners may examine the networks of the petitioner LCOs as also the local system of the respondent. They may also interview and engage with the subscribers of the 12 LCOs to find out whether or not they were receiving signals through the petitioner’s network during the past month or even now.

     

    Each member of the Advocate Commissioners’ team will be paid, apart from actual expenses, honorarium at the rate of Rs 20,000 per day. The payment will be made by the two sides in the ratio of 75 per cent by the respondent and 25 per cent by the petitioners. 

     

    The Tribunal rejected objections by Chawla to the respective shares and insists that the payment must be made in equal shares.

  • FM Phase III: MIB outs agreement formats to be signed with Prasar Bharati

    FM Phase III: MIB outs agreement formats to be signed with Prasar Bharati

    NEW DELHI: The Information and Broadcasting Ministry has made available the formats of the agreements to be signed with Prasar Bharati by fresh Letters of Intent (LOI) holders in FM Phase III and those who had sought migration from Phase II.

     

    The agreements also contain a list of obligations of the licensor and the licensee of FM Radio Phase III.

     

    There are clear provisions for arbitration, jurisdiction etc. The arbitrator will be nominated by Prasar Bharati CEO.

     

    Fresh applicants have licences for 15 years. Under the agreement, they will be at liberty to ask Prasar Bharati to use its tower and other infrastructure facilities under mutually agreed terms and conditions.

     

    The tower aperture fee will be increased by five per cent of the last licence fee paid. 

  • Interconnect agreements mandatory for provision of signals: TRAI

    Interconnect agreements mandatory for provision of signals: TRAI

    NEW DELHI: Following several cases in this regard before the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), the Telecom Regulatory Authority of India (TRAI) today proposed that no signals can be provided to multi system operators (MSOs) or cable operators after the expiry of the Interconnect Agreement.

     

    The draft Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Sixth Amendment) Regulations 2015 says that: “It shall also be mandatory for the broadcaster to enter into written interconnection agreement with the multi system operator for retransmission of the pay channel(s) even if nil subscription fee is charged by the broadcaster or paid by the cable operator.”

     

    All stakeholders have been asked to respond with their comments by 20 November with counter-comments by 27 November.

     

    The draft says that it will be mandatory for the service providers to enter into new agreements 21 days prior to the date of expiry of the existing agreement “to ensure that inconvenience is not caused to the consumers by sudden disconnections of signals due to failure of the service providers to enter into new interconnection agreements.”

     

    Furthermore, broadcasters or MSOs, as the case may be, will give notice to the MSO or the linked local cable operator (LCO), as the case may be, to enter into the new agreement 60 days prior to the date of expiry of the existing interconnection agreement.

     

    In case the service providers fail to enter into new interconnection agreement, the MSO or the linked LCO, will have to inform the consumer the disconnection of signals 15 days prior to the date of expiry of the agreement.

     

    TRAI said it had been observed from the Interconnection details submitted by the service providers that signals of TV channels are being provided by several broadcasters to MSOs and MSOs to LCOs even in the absence of interconnection agreement in writing.

     

    This continuation of retransmission of signal without valid interconnection agreement on the pretext of continued mutual negotiations often results into disputes and sometimes abrupt disconnection, which affects the quality of service to the consumers.

     

    Another area of concern brought to the notice of the Authority was regarding the effective date of applicability of new agreements: that is, whether the new agreement shall apply from the date of entering into the new agreement or it shall apply from the date of expiry of earlier agreement. It not only results in complaints but also disputes between service providers.

     

    Therefore, TRAI has reviewed the present regulations, which provide scope for mutual negotiations even after expiry of the agreement has been reviewed so that no signal can be provided after expiry of the interconnection agreement between the service providers.

  • MIB updates areas in 7 states & 1 UT to be covered in DAS Phase III

    MIB updates areas in 7 states & 1 UT to be covered in DAS Phase III

    NEW DELHI: The Ministry of Information and Broadcasting (MIB) today further updated the urban areas to be covered in seven states and one union territory during Phase III of the Digital Addressable System (DAS) to be completed by the end of this year.

     

    This is in addition to the 16 states for which upgradation was announced on 16 October.

     

    The seven states are: Andhra Pradesh; Chhattisgarh; Jammu & Kashmir; Kerala; Madhya Pradesh; Manipur and Telengana, and the Union Territory of Daman & Diu.

     

    Earlier last month, the states and union territories where changes were made were: Arunachal Pradesh, Assam, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Mizoram, Nagaland, Odisha, Rajasthan, Punjab, Tripura, Uttarakahd, Uttar Pradesh, Andaman and Nicobar, and Puducherry.

     

    MIB’s updated list with regard to these states and UTs also indicates areas that have been deleted and those which have been added, apart from the number of television households to be covered in each case.

     

    The changes have been made on the basis of reports of empowered officers in each state.

     

    The list does not contain areas covered in the first two phases.

     

    The list of areas to be covered in Phase III had been issued on 30 April this year.