ITV

Category: Regulators

  • TRAI to resolve disputes between MSOs & broadcasters on interconnect agreements

    TRAI to resolve disputes between MSOs & broadcasters on interconnect agreements

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) is holding a meeting on 14 July to resolve any issues between broadcasters and multi system operators (MSOs) relating to interconnect agreements.

     

    The Information and Broadcasting Ministry (I&B) has asked all broadcasters and MSOs facing such problems to bring this to the notice of TRAI by 10 July.

     

    The TRAI representative who had attended the ninth Task Force Meeting for implementation of Digital Addressable System (DAS) in phase III areas on 7 July had given this assurance.

     

    The MSO has been asked to indicate the name of the broadcaster with whom there are any specific issues so that the representative of that broadcaster may also be called for the meeting.

     

    The exact time of the meeting would be conveyed by TRAI to the participants through e-mail after receiving the representation. 

  • Arun Jaitley to meet PM to discuss Sun TV issues

    Arun Jaitley to meet PM to discuss Sun TV issues

    MUMBAI: India’s Finance and Information & Broadcasting Minister Arun Jaitley is expected to meet Prime Minister Narendra Modi on 2 July, 2015 to discuss the security clearance issue for Kalanithi Maran owned Sun TV’s 33 television channels and FM radio stations.

     

    The issue has assumed urgency given that the entire auction process of FM phase III has been held up with the I&B Ministry not convening a meeting of the application review committee. All the other 28 companies, barring those affiliated to Maran’s Sun TV Network, that had applied for the auction and migration from phase II to phase III, have been granted security clearance. 

     

    According to an Indian Express report, what has also stumped the I&B Ministry is the Union Home Ministry’s stance with respect to the print publications of the Sun TV Group.

     

    In response to the I&B Ministry’s query regarding the fate of the newspapers and magazines from the Sun stable such as Dinakaran, Kumudham and Murasoli, Home Minister Rajnath Singh said print publications “do not fall under the ambit of national security clearance.”

     

    At a recent meeting in the Prime Minister’s Office, the Law Secretary is said to have pointed out that such a move would go against the spirit of Article 19 (1) of the Constitution on freedom of speech. This was subsequently reiterated in an opinion obtained from the Attorney General’s office. But the PMO had opined in the meeting then that once security clearance has been denied, there was no need perhaps to seek even the AG’s opinion.

     

    In his letter to Singh dated 1 April following the denial of security clearance on 30 March to Sun TV’s FM radio channels, Jaitley had said this was likely to be challenged in the court. “Such a situation will result in unnecessary embarrassment besides eliminating a large group from the FM channels. In view of the above mentioned position, it is felt necessary to request your indulgence for reconsidering the decision,” the letter stated.

  • TDSAT directs NSTPL to restore signals of cable network on receipt of payments

    TDSAT directs NSTPL to restore signals of cable network on receipt of payments

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has asked Headend in the Sky (HITS) operator Noida Software Technology Park Ltd (NSTPL) to not disconnect signals to Guru Kripa Cable Network subject to the petitioner making certain payments.

     

    Member Kuldip Singh sitting in the vacation bench admitted the petition by the Cable Network.

     

    The Tribunal has directed payment of Rs 60,000 within three weeks from today and another payment of Rs 55,000 within three weeks thereafter.

     

    While the cable network admits dues of Rs 1,13,956, its counsel told the Tribunal that the amount needs to be reconciled since it had made some excess payment earlier.

     

    The Tribunal directed that NSTPL will file its reply within four weeks and rejoinder if any will be filed within two weeks of receipt of the reply.

     

    The matter will now go before the Registrar on 12 August for getting the pleadings completed, framing of issues and if the parties concur, taking evidences etc.

     

    Apart from the payment of the dues, Guru Kripa Cable Network will continue to make payment of the monthly subscription fees on the basis of invoices raised by the NSTPL.

     

     The payments will be without prejudice to the rights and contentions of the parties.

     

    The cable network told the Tribunal that some of their Set Top Boxes have been deactivated by NSTPL and they are not receiving all the channels on the other activated STBs. However, NSTPL counsel Joby Varghese made a categorical statement that all the channels are being given for the activated STBs. However, some STBs for which CAFs have not been submitted by the cable network have been disconnected.   

     

    Varghese stated that these STBs will be activated immediately but the petitioner must supply CAFs for the same, as required by the regulation.

     

    Cable network counsel Mayank Kshirasagar stated that the CAFs will be supplied within two weeks from today.

     

    The Tribunal said its order should not come in the way of the parties meeting to reconcile their accounts. The balance dues, found if any, shall be cleared by the network.

  • 191 MSOs get 10 year licences under DAS for specified areas, 7 allowed to cover more areas

    191 MSOs get 10 year licences under DAS for specified areas, 7 allowed to cover more areas

    NEW DELHI: Pursuant to the Information and Broadcasting Ministry (I&B) urging the Home Ministry to expedite security clearances if digital addressable system (DAS) deadline for phase III has to be achieved, the past 10 weeks have seen a quantum jump in the number of multi-system operators (MSOs) getting 10 year registration: from 169 as on 10 April to 191 as of 22 June 2015.

     

    While there have been licences given, there are a few who have lost their licences. These include – SR Cable of Bangalore ceasing activity, and the Sun-owned Kal Cables of Chennai and Digicable Network India of Mumbai being refused security clearance.

     

    Some others have had their areas modified. These include one in Maharashtra (JPR Channel of Mumbai to cover pan India), Madhya Pradesh (CAN Digital of Indore to also cover Bhopal and Indore), Barak Communication of Assam (to cover more areas in the state), Delhi Distribution Company (to cover Pan India), Technobile Systems of Haryana (to cover more areas in Uttar Pradesh, Uttaranchal, Haryana and Rajasthan) and Sea TV Network of Agra, and Novabase Digital Entertainment of Delhi that have got revised licences.

     

    Most of these MSOs had been given provisional permission earlier.

  • TRAI asks MSOs to devise rational channel rates for phase III

    TRAI asks MSOs to devise rational channel rates for phase III

    MUMBAI: Close to 61 multi system operators (MSOs) have approached the broadcaster for signing of interconnect agreements. The statistics were revealed at the eighth task force meeting by the Telecom Regulatory Authority of India (TRAI) advisor Sunil Kumar Singhal.

     

    Of these, according to the report received by Singhal, while the broadcasters have given their replies to the MSOs, the memorandum of understanding (MoU) is yet to be signed. The TRAI through its meetings with the MSOs and broadcasters, has identified four core issues relating to interconnect agreements. These are:

     

    1. While the MSOs are expressing interest for getting signals from broadcasters, they are being asked for more information, which is taking time. “Now with the intervention of TRAI, broadcasters have formalized their formats and have placed them on their websites so that all MSOs can submit requests at one go and the agreement signed,” informed Singhal.

     

    2. The distributors of several broadcasters in a state are also MSOs and that has led to conflict of interest with the MSOs. “We have been able to address this by seeking the details of the core team of the broadcasters to be approached for getting the signals and the broadcasters have provided such details also on their websites,” he said.

     

    3. The third point was related to pending dispute between MSOs in DAS areas which are both old as well as new. “These disputes need to be resolved mutually as TRAI would not intervene in such disputes,” he opined.

     

    4. There are differences between MSOs and broadcasters on the rate of channels.   “The larger MSOs are in negotiations with broadcasters to finalise the prices and it is indicated that they will be in a position to finalise them by mid June,” he said.

     

    Meanwhile, TRAI has asked the MSOs to devise means to have rational rates for phase III areas, as the rates for phase I and II cannot be workable in the remaining phases.

     

    The TRAI advisor also informed the task force meeting that there was confusion between both MSOs and broadcasters which related to the modus operandi for entering into agreements during the transition period.  The TRAI advisor said that the MSOs and broadcasters were business entities who should know how to communicate with each other in order to expedite and facilitate their business interests. The TRAI has asked the stakeholders to not repeat the mistakes of phase I and II by deploying pre-activated STBs.

     

    The representative of the MSOs, during the meeting said that whatever be the rate declared by broadcasters, TRAI should come out with a non-discriminative clause which should not push packages but allow the channels to be on a-la-carte basis. “We have been insisting on a-la-carte and not bundling of channels and any delay in the implementation of DAS will result in losses to both MSOs and broadcasters,” informed the TRAI advisor.

     

    According to a MSO representative, the packaging of channels should be monitored by TRAI. “The LCOs should be trained to spread DAS amongst the consumers as they are close to the consumers and can speedup this process,” opined the MSO representative.

     

    Information and Broadcasting Ministry (I&B) additional secretary JS Mathur, who was also chairing the meeting said that the publicity campaign for the cutoff date for phase III should start now.

     

    According to Siti Cable Network’s Anil Malhotra, while the target rate of seeding set top boxes (STBs) requires to be around 2 to 3 lakh per day, the present rate of seeding is about 20-30 thousand boxes which is way short and logistic support has to be planned out in order to step-up the pace of seeding.

     

    During the meeting, a representative from BIS raised the issue of hacking of STBs and said that a request has been received from some broadcasters to strengthen the BIS Standard of STBs.

  • Supreme Court issues notice on UP journalist’s killing

    Supreme Court issues notice on UP journalist’s killing

    NEW DELHI: The Supreme Court today issued a notice to the Centre, the Uttar Pradesh government, and the Press Council of India on a Public Interest Litigation (PIL) seeking a Central Bureau of Investigation (CBI) probe into the killing of Uttar Pradesh journalist Jagendra Singh allegedly at the behest of UP minister Ram Murti Verma.

     

    The Court ordered notice, returnable in two weeks, on the PIL filed by Sadbhawna Sandesh editor Satish Jain.

     

    The PIL urged the court to formulating guidelines in cases of threat, attack or unnatural death of journalists across India.

     

    The petitioner also wanted the Court to formulate the guidelines to ensure that the investigation will be monitored by the local Sessions Judge in case of unnatural death of a journalist.

     

    Singh was doused with kerosene oil and set on fire. Before he died, he is reported to have asked why didn’t they beat him up instead of burning him if they had a grievance against any report filed by him.

  • MIB warns MSOs, LCOs against removing mandatory channels

    MIB warns MSOs, LCOs against removing mandatory channels

    NEW DELHI: The Government today warned all multi-system operators (MSO) and local cable operators (LCO) of action if they failed to carry the mandatory channels of Doordarshan, Rajya Sabha TV and Lok Sabha TV.

     

    Noting that it had been found that many MSOs and LCOs were not carrying mandatory channels notified by the Information and Broadcasting Ministry (I&B) under different notifications, a note posted on the Ministry’s website said this was a violation of Section 8 of the Cable TV Networks (Regulation) Act 1995.

     

    Non-carriage of mandatory channels was liable to attract Section Il, Section 12 and Section 8 of the Cable Act.

     

    Any violation of Section 8 of the Cable Act shall invite such action as provided in the Cable TV Act and the Rules framed thereunder as well as the terms and conditions stipulated in the MSO permission, as the case may be.

     

    DD alleges DD Bharati taken off by Tata Sky

     

    Meanwhile in a separate note, Doordarshan said that its cultural channel DD Bharati had been taken off by DTH operator Tata Sky from 13 June till date without any official information. “This accounts to a serious violation from Tata Sky’s end,” the note said.

     

    Prasar Bharati had already moved the Ministry in this regard, and requested it to initiate action against the DTH operator.

     

    DD Bharati and some other Doordarshan channels including DD UP, DD MP, DD Bihar & DD Rajasthan are not being carried by Tata Sky on its network, which amounts to violation of the Government rules, DD said.

     

    Doordarshan reiterated that it is obligatory for every DTH operator to carry all Doordarshan channels, irrespective of any bouquet(s) or a-la-carte channel(s) being subscribed by subscribers. The DTH operators have to place the channels in the respective genre and display them in full television screen.

     

     

    The notification of 5 and 6 September, 2013 and 25 May, 2015 had specified a list of channels that are to be mandatorily carried by DTH operators, MSOs and cable operators on their cable TV networks.

     

    In areas where cable TV digitization has been completed, it is obligatory for the cable operators to carry 23 channels of Doordarshan including Kisan Channel, besides Lok Sabha and Rajya Sabha channels. 

     

    In other areas, the cable operators are required to carry eight channels of Doordarshan, in addition to Lok Sabha and Rajya Sabha channels.

  • TDSAT asks BECIL to include Sun Distribution issues in Digicable audit

    TDSAT asks BECIL to include Sun Distribution issues in Digicable audit

    NEW DELHI: The Broadcast Engineering Consultants (India) Ltd, which had earlier been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to conduct an audit of Digicable Network in a case filed against IndiaCast, has now been asked to include issues relating to Sun Distribution Services in its audit.

     

    Earlier on 26 May, Sun had been denied permission to carry out an audit of Digicable on an objection raised by Digicable.

     

    However, in a separate order on 29 May, TDSAT had directed BECIL to carry out an audit in a case filed by Digicable against IndiaCast.

     

    The order by TDSAT chairman Aftab Alam and member Kuldip Singh today came on a miscellaneous application by Sun that BECIL may also address the apprehensions and suspicions of the Sun Distribution as regards the technical system of Digicable Network.

     

    The Tribunal said it found the request reasonable and directed that it would be open to having Sun Distribution Services’ representative present at the time of the audit of the Digicable’s system by BECIL.

     

    In case BECIL withholds the audit on the ground that it may damage the systems of Digicable Network, it would ensure that the data from the Subscriber Management System systems concerning Sun Distribution also may not be manipulated to give any false reports in future.

     

    On 26 May, Digicable had urged TDSAT not to allow Sun to undertake its audit on 24 July on the ground that the respondent was currently engaged in the replacement of its SMS.

     

    In the order of 29 May, BECIL had been asked to check and confirm whether Digicable’s Conditional Access System (CAS) and Subscriber Management System at its different headends are properly integrated and correctly and truly reflect its subscriber base. BECIL had also been asked to record the number of subscribers at the different DAS head-ends. BECIL was asked to conduct the technical audit of Digicable’s local areas with a view to find out whether there are any parallel systems running.

     

    Meanwhile in another case, Sun Distribution was asked not to disconnect the signals to Subodhaya Communications Pvt. Ltd. provided Subodhaya made payment of the amount mentioned in the notice as dues (Rs 8,98,544) within 10 days from today.

     

    Apart from the payment of dues, the petitioner shall continue to make payment of the monthly subscription fees on the basis of invoices raised by the respondent.

     

    Listing the matter for 14 July, the vacation bench of TDSAT said the payments would be without prejudice to the rights and contentions of the parties.

  • Parliamentary Committee okays MIB’s Rs 350 cr. proposal for govt campaigns

    Parliamentary Committee okays MIB’s Rs 350 cr. proposal for govt campaigns

    NEW DELHI: The Ministry of Information and Broadcasting’s (MIB) proposal to seek a revised cost estimate for additional requirement of funds to the tune of Rs 350 crore for the Directorate of Advertising and Visual Publicity (DAVP) has found favour with a Parliamentary Standing Committee.

     

    The Committee agreed with the Ministry’s apprehension that if adequate funds are not made available under the scheme, the multimedia campaign of flagship programmes of the Government such as Make in India, Digital India, Skill India, Jan Dhan Yojana, etc. will get adversely affected.

     

    The Committee said sustained campaign for people’s participation in the flagship programmes of the Government should not suffer due to want of funds.

     

    It therefore wanted the Ministry to pursue with the Finance Ministry for adequate allocation under the scheme.

     

    The MIB informed the Committee that the proposal had already been mooted and is in process.

     

    The Committee noted with satisfaction that out of an allocation of Rs 160.20 crore, the Ministry had been able to spend Rs 147.01 crore (91.76 per cent) during 2014-15. “There has been a cent percent achievement of physical targets under Scheme of DAVP during 2014-15,” the Committee said.

     

    The Committee was given to understand that due to total exhaustion of funds allocated for the entire 12th Plan period, the left over amount of Rs 23 crore from the original approved fund of Rs 470 crore had been allocated for the schemes of DAVP during 2015-16.

  • MIB safeguards itself, asks applicant MSOs to sign affidavit

    MIB safeguards itself, asks applicant MSOs to sign affidavit

    NEW DELHI: Even as the Ministry of Home Affairs (MHA) continues to delay security clearances to multi-system operators (MSO), the Ministry of Information and Broadcasting (MIB) today asked applicants to file their applications in an affidavit. The affidavit wants MSOs to commit that they have no criminal cases pending against them, and that they will shut down if they are refused security clearance.

     

    The MIB has also asked applicant MSOs to commit that in the event of any closure due to security clearance refusal by the Home Ministry, the applicants will not have any claim whatsoever against the Government for any investment that they made pursuant to the provisional registration.

     

    The note also bars those MSOs – or their parent companies – that have been barred provisional registration earlier.

     

    It is learnt that around 700 applications by MSOs are either pending with the MIB or the Home Ministry for permanent license under digital addressable system (DAS).

     

    A source from the ministry told Indiantelevision.com that the commitment had always been a part of the agreement between MSOs and the government, but it had now been decided to take it in the form of an affidavit, which would give it greater legal sanctity.

     

    However, sources from the MSO fraternity were of the opinion that the aim of the new affidavit appeared to be to prevent MSOs from filing cases in courts of law on being denied permanent registration. One major example was Kal Cables where the Madras High Court had asked the MIB last year to explain why registration was being denied.

     

    At the outset, the Ministry notes that, “A large number of applications for grant of MSO registrations have been received in the Ministry. All complete applications have been sent to Ministry of Home Affairs for security clearance, as security clearance is mandatory as per rule11C of the Cable TV Networks Rules, 1994 for grant of MSO registration.”

     

    However, the Ministry says that as per rule 11E of the Cable TV Networks Rules 1994, there is a provision to issue provisional registration on preliminary scrutiny of application provided such provisional registration shall not confer any right to the applicant to claim regular registration; and the provisional registration will stand cancelled where regular registration is refused.

     

    Furthermore, the note says those applicants will not be considered for provisional registration whose applications are incomplete, who do not furnish the affidavit and their willingness to obtain provisional registration, who have been denied security clearance earlier, and whose parent and/or subsidiary company(s) has/have been denied security clearance earlier.