Category: Regulators

  • Trai seeks opinion for fixing basic tier cable TV rates under CAS

    Trai seeks opinion for fixing basic tier cable TV rates under CAS

    MUMBAI: The Telecom Regulatory Authority of India (Trai) is seeking industry opinion on whether Rs 77 (excluding tax) should be the maximum cable operators can charge monthly from their subscribers for the basic tier services in areas where conditional access (CAS) is introduced.

    The draft tariff amendment order notification, which was released on Thursday, is part of Trai’s initiation to come out with appropriate regulations for interconnection, quality of service, terms of rental for set-top boxes as well as tariffs. The broadcast and cable regulator will have to fix the basic service tier rates for CAS.

    “The maximum amount which a cable operator may demand from a subscriber for receiving the programmes transmitted in the ‘basic service tier’ provided by such cable operator shall not exceed Rs 77 per month exclusive of taxes, for a minimum of thirty free-to-air channels. Free-to-air channels, over and above the basic service tier, would also be made available to the subscribers within the maximum amount mentioned above,” Trai said in a statement.

    In 2003, the government had fixed a ceiling rate of Rs 72 a month per subscriber for the basic service tier under the Cable Television Networks (Regulation) Act, 1995. The regulator had, in its tariff order dated 01.10.2004, fixed a general ceiling across the value chain, both in respect of free-to-air and pay channels, at the levels prevalent as on 26 December 2003.

    Subsequently, on 1 December 2004, Trai allowed an increase of seven per cent in order to make adjustments for inflation, with effect from 1st January, 2005. Another four per cent increase on account of inflation was allowed by Trai with effect from 1 January 2006, but this increase has been stayed by the Tdsat (Telecom Disputes Settlement And Appellate Tribunal).

    The Delhi High Court recently directed the implementation of CAS in the notified areas of the three metros of Mumbai, Kolkata and Delhi before 31 December 2006.

  • No sole sport rights to Doordarshan: Govt

    No sole sport rights to Doordarshan: Govt

    NEW DELHI: The Indian government today clarified that it was not working towards a mechanism to give pubcaster Doordarshan the sole rights to sporting events in the country.

    The government, however, has issued an order on 5 April 2006 that mandates live feeds of a number of specified sporting events of national importance held in India or abroad to be shared with Prasar Bharati by private broadcasters.

    In case of cricket events, these shall include all matches featuring India and the finals and semi finals of international events, information and broadcasting minister Priya Ranjan Dasmunsi informed Lok Sabha (Lower House of Parliament) today.

    He also said that the government has no proposal to set up a regulatory authority to monitor and regulate earnings through telecasting of sporting events.

    However, the government is contemplating establishment of an autonomous authority to regulate the broadcasting sector.

    The minister, however, did not give any time frame to bring about legislation to regulate the broadcasting sector. Earlier, Dasmunsi had said that his ministry was working towards introducing a Broadcasting Bill in Parliament in the monsoon session, which started on24 July.

    Severe criticism of a draft Bill, doing the rounds of various ministries for feedback on it, has prompted the I&B ministry for the moment from not listing it on the agenda of Parliament’s present session that will close on 30 August.

  • I&B ministry fails to list B’cast Bill for Parliament

    I&B ministry fails to list B’cast Bill for Parliament

    NEW DELHI: Indian policy-makers seem to be having second thoughts on a draft broadcasting legislation that was proposed to be introduced in Parliament session, which started Monday.

    In the list of business that Parliament is to transact during the monsoon session, the Broadcast Bill, which the information and broadcasting ministry had proposed to introduce in the House, is missing.

    A senior government official admitted that there might be some “re-think” on a draft that had been sent to other ministries for feedback and the I&B ministry now “doesn’t seem to hurry through the Bill.”

    This is an ample indication that the Bill, termed draconian by the media industry, is highly unlikely to be introduced during the monsoon session, giving the media industry to lobby more effectively against and attempt to muzzle the media.

    Still, the government official added that not listing the Bill at this juncture doesn’t mean that it cannot be pushed through in Parliament for discussion later towards the end of the ongoing session.

    “It all depends on what the I&B ministry thinks. If it thinks more consultation is needed on the draft, then it would do so. If it can complete all the work quickly and get the Cabinet’s nod, then the Bill could be introduced in Parliament this session only,” the official explained.

    Last week a senior I&B ministry official had told Indiantelevision.com that feedback from other ministries were still awaited and the compilation work would take more than 15 days time.

    The government has been facing flak from the industry and elsewhere too on the clandestine manner in which it drafted a Cabinet note on the Broadcast Bill.

    Last week, as part of government-industry interaction, I&B secretary assured Confederation of Indian Industry’s media committee that a concept note on the draft Broadcast Services Regulatory Bill would be circulated for getting views of the media industry as inputs into the government’s decision-making process.

    Arora had lamely justified restrictive provisions in the proposed Bill as ones designed to facilitate the industry’s growth and not to micro-manage its functioning.

    He had explained the need for the Bill and a proposed media regulator with wide ranging powers was to provide “legislative backing to executive decisions” taken by the government in recent times.

    This legislative backing was required, he had told captains of the media industry, as most of the executive decisions have been challenged in court and the government has been asked to show legislative sanction for its actions.

  • HC sets 1 Jan ’07 deadline for CAS implementation

    HC sets 1 Jan ’07 deadline for CAS implementation

    NEW DELHI / MUMBAI: The many meanderings the CAS (conditional access system) story, which began in 2003 with a government notification, could well have reached its final denouement.

    The Delhi High Court today passed an order that makes it imperative on the government to ensure that the three metros of Mumbai, Kolkata and the Capital itself be fully “CAS delivered” on or before 1 January 2007.

    And making clear its resolve that there be no further delays in the matter, the court declared that all pending and any new issues related to CAS raised by the government would be taken up only after the CAS’ implementation deadline of 31 December 2006. It therefore set the next date of hearing on the matter for 10 January 2007.

    The court also recorded a commitment by the joint secretary broadcasting Baijendra Kumar in this regard. The government official’s commitments were taken on record by the court as part of an order passed on 10 March 2006, which had directed the government to implement CAS in Kolkata, Delhi and Mumbai within a month’s time.

    The government also assured the court today that a new notification on CAS would be issued by 31 July 2006.

    The government’s stand on the issue means that from 1 January 2007 all pay channels will have to pass through a set-top box (STB) on a mandatory basis or else they stand to be blacked out of all cable homes in the metros.

    Multi-system operators (MSOs) have welcomed the court’s decision as addressability would make the industry transparent on subscriber numbers. “Addressability will benefit the entire industry as well as the subscribers,” said Wire and Wireless India Ltd (WWIL) CEO Jagjit Kohli.

    Hathway Cable & Datacom CEO K Jayaraman feels this time round there is a lot of clarity on pricing, STBs and choice with a regulatory framework in place. The fear among consumers that CAS pricing would be the same or even more than what is prevailing on analogue cable is unfounded.

    “Addressable pricing is set in motion by the recent TDSAT (Telecom Disputes Settlement and Appellate Tribunal) ruling in the DTH (direct-to-home) case. If that is the trendsetter, broadcasters will have to make their content available on digital cable at half the price of what they are quoting on analogue systems. The customers, thus, do not have to worry about paying more for all the channels that they are getting now. And in any case, in a CAS regime they are select the channels they want to watch,” he said.

    Besides, MSOs are making available the STBs on rental scheme. “Customers will not be locked to the boxes and can move to other services. The regulatory framework is setting things in place,” he added.

    Commenting on the development, MSO Alliance chief Ashok Mansukhani said, “We are delighted by the outcome. CAS will enable the cable industry to deliver more choice to consumers at competitive prices.”

    The industry also feels that a five-month breathing period is a practical implementation schedule. But how ready are the MSOs? “WWIL is fully prepared to roll-out STBs not only in the notified areas but throughout the country,” Kohli said. It will be using Headend in the Sky (HITS) technology which will enable it to cover the entire country with a single Digital Headend. “Our value-added boxes will enable subscribers to browse internet, chat, send & receive e-mails, on their existing TV sets without the necessity of having a personal computer. STBs will also have full triple play features including facility for VOIP digital telephone lines using their existing telephone instruments,” he added.

    Among the other features being introduced by WWIL are movie on demand (MOD) /video on demand (VOD), pay per view (PPV), interactive games, smart card based real time payment solution and e-banking, the company said in an official release.

    MSOs and independent cable operators will have to work out commercial agreements with broadcasters including fixing of channel rates. Said SET Discovery Ltd president Anuj Gandhi, “Now the focus will be on MSOs to show their preparedness for CAS. We hope to be ready with our rates in the next three months. By setting 1 January as the deadline, we will have to compress the time frame a bit.”

    A clutch of MSOs had filed a petition in the Delhi HC in 2004 alleging that the government’s stand on CAS and keeping it in abeyance has resulted in heavy financial losses to the cable industry.

  • Dish TV moves Supreme Court over Star channels’ pricing

    Dish TV moves Supreme Court over Star channels’ pricing

    MUMBAI: The country’s only private direct-to-home operator Dish TV has moved the Supreme Court seeking relief in regards to TDSAT’s (Telecom Disputes Settlement and Appellate Tribunal) recent ruling that Star India will have to distribute the signals of all its channels at half the price at which they are available to cable operators.

    Dish TV, in its petition filed yesterday before the apex court, has sought further modifications in the price rate for accessing Star channels.

    The petition spells out that Dish TV is open to the offer that Star India had come up with in the year 2002 for all the Star channels. According to the Dish plea, the offer then was that all the Star channels will be made available to Dish TV subscribers at one-fourth the rate at which they are available to cable operators.

    While issuing its order last Friday, TDSAT had said, “We have no basis to lay down the actual rates per channel, which we feel is the prerogative of Trai. However, to begin with, we feel that 50 per cent of the rates being charged for cable platform be made applicable to the DTH platform.”

    The ball is now in Star India’s court on how t

  • Zee scrip gains following TDSAT verdict

    Zee scrip gains following TDSAT verdict

    MUMBAI: Sector regulator TDSAT’s direction to Star India, to make available all its channels to Dish TV, today boosted Zee Telefilms’ fortunes on the bourses.

    The Zee Tele scrip recorded a gain of 5.49 per cent on the Bombay Stock Exchange (BSE), up by Rs 13.70 to close at Rs 269.70, after hitting an intra-day high of Rs 272.15 early on.

    At the National Stock Exchange (NSE), Zee went up by Rs 14.05, to close at Rs 269.85. The prices have almost touched Zee’s 52 week high of Rs 273.9 (BSE) and Rs 274.85 (NSE). This is the highest level the scrip has reached in the last one month.

    BSE saw Zee Telefilms recording a volume trade of 1,709,876, while, at the NSE the volume traded stood at 1,978,618.

    In an order passed this morning, TDSAT, while directing the sector regulator to set a benchmark for channel prices for DTH services, said that Star channels should be available to Dish TV at half the price at which they are available to cable operators. The reason for this, according to TDSAT, is that DTH is an addressable system where loss of revenue down the value chain is negligible if not zero.

  • TDSAT to Star: give channels to Dish TV

    TDSAT to Star: give channels to Dish TV

    MUMBAI: In another 15 days time, all Star channels may well be made available to the country’s only private direct-to-home operator Dish TV.

    Subhash Chandra’s DTH service Dish TV has won a favourable judgment from by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in this regard. As per the tribunal’s directive, Star India will have to distribute the signals of all its channels to Dish TV.

    In an order passed this morning, TDSAT, while directing the sector regulator to set a benchmark for channel prices for DTH services, said that Star channels should be made available to Dish TV at half the price at which they are available to cable operators.

    The reason for this, according to TDSAT, is that DTH is an addressable system where loss of revenue down the value chain is negligible if not zero.

    An interpretation of this observation on rates would mean that all Star channels (comprising bouquets I & II) will cost Dish TV Rs 27 exclusive of taxes, as against the cable operators paying Rs 54 per subscriber/per month.

    While issuing the order, which had been kept reserved since 5 July when arguments concluded, TDSAT said, “We have no basis to lay down the actual rates per channel, which we feel is the prerogative of Trai. However, to begin with, we feel that 50 per cent of the rates being charged for cable platform be made applicable to the DTH platform.”

    Reacting to the developments, a jubilant Zee Telefilms vice-chairman and Dish TV business head Jawahar Goel said, “The verdict vindicates our position. We will be sending a letter to Star by tomorrow requesting them to conclude an agreement for their channels.” Everybody should respect the law of the land, Goel added.

    Said a Star India spokesperson, “We have received the judgment of the TDSAT in the matter of ASC Enterprises vs. Star India Pvt. Ltd. earlier today and we are now in the process of examining it in detail.

    “The judgment comes at an opportune time as we believe it will help in clearing the air on a number of critical areas that impact addressable systems in general and DTH in particular and will be a positive impetus to their development. However, it appears to us that there may be some specific areas within the judgment that will require further clarification.

    “Our intention is to seek clarification on these areas at the earliest opportunity and make a response accordingly. Star has been and will continue to be an active supporter of all addressable platforms and will work with them to ensure that the viewer’s interests are best served.”

    Interestingly, TDSAT has also said that no minimum guarantee needs to be given by Dish TV for the Star channels and the payments would be made on actual number of subscribers.

    It directed Dish to submit a list of subscribers from the subscriber management system (SMS) every month to Star — a model that TDSAT said would be applicable to all DTH operators entering into commercial deals with broadcasters.

    Respondent Star had pointed out that the minimum guarantee requirement is an internationally prevalent norm in the DTH industry as it incentivizes the DTH operator to ensure higher subscribers.

    TDSAT, in its order has said that in case of any denial of the signals, the DTH operator may approach the tribunal for further relief.

    For the record, Chandra’s ASC Enterprises, which holds a DTH licence, had moved TDSAT alleging that Star India was delaying making available its channels in breach of a regulatory order that states all content should be made available to all platform on a non-discriminatory basis.

  • I&B minister Dasmunsi hints at major revamp of draft broadcast bill

    I&B minister Dasmunsi hints at major revamp of draft broadcast bill

    NEW DELHI: You can kiss the Broadcast Services Regulation Bill 2006 – a draft of which is doing the rounds of various ministries and industry stakeholders these days – goodbye, Well, almost.

    “Whenever I bring a Bill to Parliament, it’d be the most media-friendly legislation in the whole world,” information and broadcasting minister Priyaranjan Dasmunsi today said, hinting that the draft is likely to go undergo major revamp.

    Speaking to journalists on the sidelines of a Cabinet briefing, Dasmunsi added that proper consultation with various stake holders would be held before draft legislation is taken to the Union Cabinet or Parliament.

    Asked by indiantelevision.com whether the Broadcast Bill 2006 would be tabled in Parliament during the forthcoming monsoon session, the minister said the endeavour be so “after holding discussions with everybody.”

    “Our effort and endeavour would be to do so during this session and if that does not happen, then we’ll see in the next session. We would not do anything to gag the media,” Dasmunsi explained, making it clear that the government has taken serious view of the all round stringent criticism of a draft media legislation.

    The monsoon session of Parliament begins on 24 July and there seems little time left to hold proper discussions with the industry on the Bill, which has been drafted surreptiously and left the players stumped when unraveled by a section of the media.

    Making an overt bid to keep in good humour the media, which came in for praise from the Cabinet today for its sensitive coverage of the serial Mumbai blasts earlier this week, Dasmunsi said, “All fears (of broadcast industry) will be removed.”

    Proposals on cross media restrictions, powers bestowed on authorities to take action against the media and TV channels on the flimsiest of grounds, content censorship (which is being drafted separately, but could be made part of this Bill or legislation at a later stage) are aimed at strangling the media and cripple business models in the name of safety against monopolistic trends.

    The proposed autonomous Broadcast Regulatory Authority of India (Brai) has been given powers in the Bill that permit it to run amok if interpreted incorrectly by it. What’s more, Brai’s chief executive would be a serving government official of additional secretary’s rank, drawing a salary from the government.

  • IBF, IMG meet I&B secretary Arora on Broadcast Bill

    IBF, IMG meet I&B secretary Arora on Broadcast Bill

    NEW DELHI: The Indian Broadcast Federation (IBF) and the Indian Media Group (IMG) today met the Information & Broadcast secretary S K Arora for an interaction on the Broadcast Bill 2006.

    IBF has opposed the cross-media holding restrictions and the so-called Draconian clauses in the bill. It said, the draft bill should be discussed with the industry, before having taken to the cabinet and Parliament.

    The draft bill has covered four major areas in its ambit, which would call for major corporate restructuring by media companies, foreign and domestic, operating in India. These include content, cross media ownership, subscriptions and live sports feeds (which are already part of the downlink norms).

    The bill introduces restrictions on cross media holdings in all electronic ventures capping it at a maximum 20 per cent. While print media companies have not been included in the ambit of the bill for the present, this could be later extended to them as well.

    IMG also criticised the cross-media holding restrictions, but most importantly, it has argued that, electronic media should be brought under the Press Council of India. It also demanded that the proposed Broadcast Regulatory Authority of India (Brai) should be free from any government intereference. Making its stance clearer, it said the CEO of Brai should not be a government official or a government nominee.

    Zee Telefilms chairman Subhash Chandra, after attending a meeting with Arora on behalf of IMG, said, “We are against cross-media holding restrictions. We also oppose the government’s agenda to interfere on how news should be reported on TV.”

    He added, “The regulatory norms for the electronic media, the print media and the online media should be same and similar without any discriminatory in any one of the media segment.”

  • Trai to revisit consultation paper on IPTV

    Trai to revisit consultation paper on IPTV

    MUMBAI: The Telecom Regulatory Authority of India (Trai) will ‘revisit’ the consultation paper on IPTV (Internet Protocol Television) to examine the legal changes which might be required, Trai chairman Nripendra Misra said today.

    Speaking to reporters on the sidelines of the Asia Pacific Telecommunications (APT) and ICT Development Forum (ADF) in New Delhi, Misra told wire agency Press Trust of India (PTI) that Trai has sought the opinion of stakeholders on the legal changes which might be required, either in the Indian Telegraph Act or the Cable TV Act with respect to IPTV. This would in no way affect the scheduled rollout of IPTV, he said.

    “Possibly the paper needs to be revisited regarding both access and content. We will be seeking the comments of cable associations, broadcasters, telecom service providers, ISP’s apart from NGO’s who are interested,” Misra said.

    Earlier, addressing the Forum, Misra dubbed the Indian telecom sector as the “Poster Child” of development in India.

    Misra’s comments on IPTV are significant in the light of the fact that in the absence of consensus from broadcasting and telecom industry, Trai was set to withdraw a consultation paper on IPTV it had issued some time back.

    Prior to this, Trai had proposed making changes to the Cable Television Networks (Regulation) Act, 1995, plus the existing telecom licenses, so as to facilitate growth of IPTV services in the country.