ITV

Category: Regulators

  • Apex Court sets up panel to study issuance of ads glorifying politicians

    Apex Court sets up panel to study issuance of ads glorifying politicians

    NEW DELHI: The Supreme Court has formed a three-member panel to frame guidelines to regulate government advertisements glorifying politicians in media.

     

    The apex court bench headed by chief justice P Sathasivam said that the existing guidelines of the Directorate of Advertising and Visual Publicity (DAVP) do not cover such advertisements.

     

    The panel will be headed by Prof NR Madhav Menon, founder director of Bangalore’s National Law University. TK Vishwanathan, former Lok Sabha secretary general and senior advocate Ranjit Kumar are the other two members of the panel. The report has to be submitted to the court in three months.

     

    The court has asked Information and Broadcasting Ministry secretary Bimal Julka to coordinate the meetings of the committee.

     

    The court passed the order on a public interest litigation (PIL) filed by the NGOs Common Cause and the Centre for Public Interest Litigation (CPIL) pleading it to frame guidelines. The petition sought issuance of guidelines for curbing ruling parties from taking political mileage by projecting their leaders in official advertisements.

     

    Counsel for Common Cause, Meera Bhatia, had earlier said that the glorification of politicians linked to the ruling establishment, in order to attain political mileage at the cost of public exchequer, was violative of Article 14 of the constitution.

     

    But counsel representing CPIL, Prashant Bhushan, had told the court that there was nothing wrong in issuing advertisements and informing the public about the programmes of the government. However, he had said such advertisement campaigns become arbitrary and malafide when aimed at gaining political mileage.

  • Six broadcasters, content aggregators directed to provide signals to AP MSO

    Six broadcasters, content aggregators directed to provide signals to AP MSO

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT), on 22 April, directed six broadcasters and content aggregators to enter into agreements with the Andhra Pradesh based multi-system operator Wiretel Digital Networks.

     

    In the judgement pronounced on Tuesday, the TDSAT bench comprising chairman Aftab Alam and member Kuldeep Singh said the agreements will be based on reference interconnect offer.

     

     The broadcasters/aggregators are ESPN, MediaPro, MSM Discovery, Sun, Ma TV and ETV.

     

     The petitioner, who holds a digital addressable system licence, had approached TDSAT in February 2013 after the respondents delayed/refused to provide signals to it on DAS mode.

     

     The bench for the first time also interpreted the DAS Regulations with regard to mandatory provisioning of signals on DAS mode – ‘the must provide’ obligation.

  • TRAI extends deadline for telecom ops to respond on MWA and MWB spectrum allocation

    TRAI extends deadline for telecom ops to respond on MWA and MWB spectrum allocation

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI), which has asked stakeholders in the telecom sector to give their views on various issues relating to spectrum for microwave access and backbone access (MWA/BWM), today extended the date for reply to 5 May.

     

    It said, “Keeping in view the request of the stakeholders for extension of time for sending their comments and also the importance of the issue, all the stakeholders may now submit their written comments by 5 May and counter comments by 12 May.’

     

    TRAI had asked various questions in its paper last month, one of them being whether excess spectrum should be withdrawn from existing telecom service providers and what should be the criteria for determining this excess usage.

     

    Following a reference from the Department of Telecom, the regulator issued a consultation paper on the issue of Microwave Access and Backbone (MWA/MWB), and had sought the views by 21 April with counter-comments by 28 April.

     

    TRAI has sought to know the number of Microwave Access and Backbone (MWA/MWB) carriers that should be assigned to a TSP deploying 2G technology only, 3G technology only, BWA technology only, both 2G and 3G technologies, 2G and BWA technologies, and 2G, 3G and BWA technologies.

     

    The charging of MWA and MWB carriers is regulated by the AGR based annual spectrum usage charges notified in the DoT’s orders of 3 November 2006, its amendments dated 10 November 2008 and 19 February 2009.

     

    However, these orders were set aside by a judgment of the Telecom Disputes Settlement Appellate Tribunal of 22 April 2012 and are now sub-judice in view of an appeal by the Government before the Supreme Court. As an interim arrangement, the DoT has issued guidelines in respect of allotment of MWA carriers for BWA services through its order of 16 March 2012. TRAI had been asked to give its recommendations on certain issues in a letter sent by the DoT on 26 November 2012.

     

    According to TRAI, Microwave transmission refers to the technology of transmitting information using radio waves. Microwave technology is widely deployed in mobile communications to provide point-to-point (PTP) Radio Frequency (R.F.) links in mobile backhaul as well as in the backbone network. Mobile backhaul is that portion of the network infrastructure that provides interconnectivity between the access and core networks. The backbone network is used to interconnect different nodes situated at different geographical locations.

     

    For PTP links, microwave frequencies are generally assigned in blocks of 2×28 MHz, known as microwave carriers. There are two types of microwave carriers viz. Microwave Access (MWA) Carriers and Microwave Backbone (MWB) Carriers.

     

    TRAI wants to know from stakeholders the number of MWA/MWB carriers that should be assigned to TSPs in case of 2G, 3G and BWA at the start of their services (at beginning of rolling of services).

  • TRAI likely to come out with discussion paper on OTT services

    TRAI likely to come out with discussion paper on OTT services

    NEW DELHI: A discussion paper is likely to be issued by the Telecom Regulatory Authority of India (TRAI) relating to Over The Top (OTT) services such as such as WhatsApp and Viber.

     

    However, a TRAI official said that this would not be in the form of a consultation paper since TRAI at present cannot regulate OTT.

     

    The official told indiantelevision.com that the major issue related to security threats and the direction these companies will take in the future. “We would also understand the concerns of telecom operators and consumers,” said the official.

     

    One effect of the TRAI study could be the introduction of payment for the OTT services to save the telecom companies, but this will have to be balanced with the capacity of the customer to pay. If the OTTs do not pay the telcos, the messages will be delivered slower and videos will take longer to download.

     

    The regulator will look into issues faced by telcos regarding usage of their bandwidth by OTT players and other internet companies without any share in revenue earned. Operators also have to spend periodically to upgrade the infrastructure to meet the growing data needs to consumers.

     

    While security agencies can access telecom data such as messages and call records provided there is a court order, there are more problems in accessing internet services.

     

    It is learnt that the government may ask its US counterpart to share the technology it uses to decrypt conversations happening over chat services like WhatsApp and Skype, if the companies do not cooperate.

     

    Value Added Services (VAS) are being affected with certain mobile internet services including ringback tones, voice SMS, job alerts etc. The role of telecom player gets minimised as consumers shift to more web services.

  • Broadcasters and teleports asked to update contact info, again

    Broadcasters and teleports asked to update contact info, again

    NEW DELHI: A fortnight ago, the Information & Broadcasting Ministry had asked the broadcasters and teleport operators to provide full details relating to the companies operating them.

     

    However, the MIB has, so far, received responses from a very few companies on the same. To remind the stakeholders of the appeal again, the Ministry has sent out a fresh reminder for seeking full details relating to the companies.

     

    In view of the tardy response, the Ministry extended the date to 15 April. The earlier date was March-end.

     

    The MIB has pointed out that it is the responsibility of the company to intimate any changes to the Ministry promptly. 

     

    In fresh letters sent to all television channels and teleport operators, the Ministry has asked among other things for contact details of the company including the registered address, any additional address, e-mail IDs, and telephone and fax numbers.

     

    Also, the channels and teleports have been asked to supply the name of the authorised representative with his/her e-mail ID and mobile number.

     

    The information has to be sent from the company’s e-mail to broadcastercontactdetails@gmail.com.

  • TRAI asks telemarketers to pay reconnection charge of up to Rs 5 lakh

    TRAI asks telemarketers to pay reconnection charge of up to Rs 5 lakh

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) today decided to charge a reconnection fee of Rs 500 per telecom resource up to a maximum of Rs five lakh for those entities who satisfy the regulator that they have followed the regulations in this regard.

     

    TRAI, which disconnected a total of 1.4 million telephones of unregistered telemarketers till 31 January, said this would serve as a further deterrent on misuse of telecom resources for soliciting business after meeting administration costs.

     

    The regulator said the action had been taken following representations by some of these entities who said they and their agents had followed the regulations in this regard.

     

    Under the fifteenth amendment to the rules, TRAI said such entities have to apply within 30 days for reconnection and satisfy the regulator in this regard.

     

    Earlier this year, while noting that TRAI had received Rs1.52 crore as penalty from registered telemarketers, the government admitted that Unsolicited Commercial Communications (SMSs or calls) from persons not registered as telemarketers had not ceased.

     

    Minister of State for Communications and Information Technology Milind Deora told Parliament that such individuals deliberately masquerade themselves as “normal subscribers” even though their primary purpose for obtaining telecom resources is for telemarketing activities. However, he felt TRAI’s regulatory interventions have largely tempered the menace of Unsolicited Commercial Communications (UCC).  

     

    A total of 1,80,000 unregistered telemarketers were blacklisted for two years till 31 January. 

    With the implementation of these measures, the number of complaints regarding receipt of UCC from unregistered telemarketers has come down from around 45,000 per month in the month of August 2012 to around 12,000 per month in January 2014. 

     

    The Telecom Commercial Communications Customer Preference Regulation 2010 has laid down a revised framework for UCC. These regulations came into force with effect from 27 September 2011. The National Do Not Call Registry (NDNC) has been renamed National Customer Preference Register (NCPR). The Telemarketers after registration from TRAI get permission to access the National Customer Preference Register (NCPR). 

  • TRAI to help NGOs/Organisations in women empowerment through ICT

    TRAI to help NGOs/Organisations in women empowerment through ICT

    NEW DELHI: Aiming to draw up comprehensive projects for empowerment of women though information and communication technology, the Telecom Regulatory Authority of India (TRAI) today invited concept papers from Registered Consumer Advocacy Groups, NGOs and other organisations working in the field of women empowerment.

     

    A TRAI release said that approved projects for promoting women empowerment using ICT as a platform during 2014-15 will be funded from Telecommunication Consumer Education and Protection Fund (TCEPF).

     

    The concept papers in brief, along with details of similar projects undertaken by the organisations during the last three years have to be sent in by 25 April.

     

    The shortlisted organisations will be required to give a detailed presentation in TRAI, New Delhi on the concept, its development and implementation along with cost involved in each phase for a period of one year.

     

    The selected organisation will be fully responsible for development and implementation of the project to be monitored by TRAI.

  • TDSAT to hear all six DTH ops plea on licence fee on 6 May

    TDSAT to hear all six DTH ops plea on licence fee on 6 May

    NEW DELHI: The government has assured the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that it will not pressurise the private direct-to-home (DTH) operators with regard to its demand for payment of licence fee until the next date of hearing, which is on 6 May.

     

    This assurance was given to the Tribunal, which had yesterday morning given directions to the government to respond to petitions by Tata Sky, Reliance Big TV and Sun Direct to respond within three weeks,

     

    However, the Tribunal decided to hear the matter again today when the other private DTH operators – Dish TV, Videocon d2h and Airtel Digital TV – mentioned the issue before the Tribunal yesterday afternoon and also pointed out that Clause 3.1.1 in Reliance’s licence was different from the corresponding clause in the licence granted to Tata Sky. 

     

    Following this, the Tribunal had recalled its order with regard to Reliance and said ‘we regret this material difference was not pointed out to us when the case was taken up for preliminary hearing.’

     

    But counsel for Reliance Big TV today assured the Tribunal that the relevant clause had been subsequently changed and that the DTH operator stood on the same footing as other operators.  

     

    Although the government opposed the petitions when they came up for hearing, the Tribunal stood by its earlier order of hearing the matter on 6 May and said the private operators could file rejoinders, if any, within one week of the government’s reply.

     

    Even as the petitioners have alleged that the demand by the Information and Broadcasting Ministry is contempt of court as a matter in this regard is pending in the Supreme Court, I and B Secretary Bimal Julka had told indiantelevision.com that the apex court had not issued any stay order.

     

    However, conscious that the TDSAT or the Supreme Court may be moved in the matter, a caveat had been filed by the Ministry in this regard.

     

    The Ministry had recently sent a notice to the six private DTH Operators with regard to licence fee dues amounting to Rs 2,066 crore. 

     

    According to the notice sent early last week, the six private operators have been asked to pay the amount within fifteen days. 

     

    However, most of the operators contacted by indiantelevision.com said they had cleared the dues of licence fee. 

     

    The operators say the licence fee as demanded under the rules is on gross revenue (GR) whereas they have been asked to pay the fee on the basis of Actual Gross Revenue (AGR). The operators have said the fee should be only on subscription revenue and not on allied earnings such as dividend and interest income. 

  • TDSAT to hear DTH ops plea on licence fee on 6 May

    TDSAT to hear DTH ops plea on licence fee on 6 May

    NEW DELHI: The petition by the three major direct-to-home (DTH) operators challenging the notice of the government for clearing arrears of licence fees will be heard on 6 May by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

     

    When counsel for the petitioners mentioned the petition before the Tribunal, counsel for the government said the DTH operators will not be pressurised in this regard till the case is taken up for hearing.

     

    The government has been asked to file a reply within three weeks and the three petitioners – Tata Sky, Sun Direct TV and Reliance Big TV – will file rejoinders, if any, within one week of that.

     

    Even as the petitioners have alleged that the demand by the Information and Broadcasting Ministry is contempt of court as the matter in this regard is pending in the Supreme Court, I and B Secretary Bimal Julka had earlier told indiantelevision.com that the apex court had not issued any stay order.

     

    However, conscious that the TDSAT or the Supreme Court may be moved in the matter, a caveat had been filed by the Ministry in this regard.

     

    The Ministry had recently sent a notice to the six private DTH operators with regard to licence fee dues amounting to Rs 2,066 crore.

     

     According to the notice sent early last week, the six private operators had been asked to pay the amount within fifteen days.

     

     However, most of the operators contacted by indiantelevision.com said they had cleared the dues of licence fee.

     

     The operators say the licence fee as demanded under the rules is on gross revenue (GR) whereas they have been asked to pay the fee on the basis of Actual Gross Revenue (AGR). The operators have said the fee should be only on subscription revenue and not on allied earnings such as dividend and interest income.

  • Delhi HC rejects Naveen Jindal’s plea to restrain Zee News from airing coverage about him

    Delhi HC rejects Naveen Jindal’s plea to restrain Zee News from airing coverage about him

    NEW DELHI: The Delhi High Court today refused to grant MP and industrialist Naveen Jindal’s plea for a blanket order restraining Zee Media channels from airing news reports which he alleged were defamatory in the content.

     

     The Court however directed Zee News to obtain and air the views of Jindal and/or his companies while televising any programme pertaining to them.

     

    The Court said that Jindal and his company Jindal Steel and Power Limited (JSPL) had not been able to satisfy that they had got a prima facie good case and disposed of their plea.

     

    The Court acknowledged and upheld the right of news channels observing that Zee Media news channels are free to air news reports pertaining to the Congress MP or his companies during the 16th Lok Sabha Election in accordance with the guidelines laid down by the News Broadcasting Standards Authority (NBSA).

     

     Jindal had filed a case against Zee Media Corporation alleging defamation and seeking injunction against Zee News from publishing / airing or telecasting on its channels or website any news report which may be vindictive or defamatory to his reputation or that may be relating to his election campaign. The Court, after hearing the parties, declined the injunction as sought by Jindal.

     

     The Court held that when Jindal, holder of a public office and aspiring to become a member of an elected body is amidst the din of electioneering, all kinds of accusations and counter accusations are bound to flash thick and fast in all directions of which a person must not complain unless and until the allegations against him are per se defamatory.

     

     The Court has come to the conclusion that Jindal is not entitled for any injunction and the televised reporting by Zee News are not defamatory. After going through each and every allegations and comments made by Zee News channel in its news reports pertaining to Jindal, the Court held that the same cannot be said to be defamatory.

     

     The Court has further held that to restrain the defendant – Zee News – from pre-telecasting the programme or the news article or the reporting at this stage would not only be a gagging right to freedom of press but also gagging of the public to know about a candidate who is sought to be elected by the electorate.