Category: Regulators

  • MIB extends time for feedback on Cable TV Networks Amendment Bill 2020

    MIB extends time for feedback on Cable TV Networks Amendment Bill 2020

    MUMBAI: The ministry of information and broadcasting (MIB) has extended the timeline to receive feedback or comments on the proposed amendments of Cable Television Networks Amendment Bill 2020. While it was extended upto 17 March first time, the ministry has extended the date now till 13 April.

    “In response to request received from various quarters with reference to this Public Notice dated 15.01.2020 and its letter of even number dated 21.01.2020 and 10.02.2020 respectively on the subject cited above, this ministry has decided to extend the time again upto 13 April, 2020 for furnishing suggestions/feedback/comments/inputs/views on the proposed amendments,” the MIB said in a notice.

    MIB published the draft on 15 January inviting feedbacks from the stakeholders and generale public. The ministry is bringing in a slew of amendments to the Cable Television Networks (Regulation) Act, 1995 through the draft Cable Television Networks (Regulation) Amendment Bill, 2020.

    While MIB is planning to bring amendments to the Cable Television Networks (Regulation) Act, 1995 through the proposed  draft, one of the major changes planned by the ministry is to prevent state governments or the entities as well as religious and political parties from entering the TV distribution space. The clause 4(1) now reads as follows: “Registration as cable operator–(1) Any person who is desirous of operating or is operating a cable television network may apply for registration or renewal of registration, as a cable operator to the registering authority.”

    “Provided that such a registration or renewal of registration shall not be granted to the state governments, urban and local bodies, political and religious bodies, state government departments, state government-owned companies, State government undertakings, joint ventures of the state government and the private sector and state government funded entities.

  • MIB asks states to ensure operational continuity of media amid Covid-19 outbreak

    MIB asks states to ensure operational continuity of media amid Covid-19 outbreak

    MUMBAI: In view of the coronavirus pandemic, the ministry of information and broadcasting (MIB) has directed all state governments and union territories to ensure uninterrupted operation of information networks as their outreach is of vital importance.

    At this juncture, robust and essential information dissemination networks such as TV channels, news agencies, teleport operators, digital satellite news gathering (DSNG), DTH, and Highend-in-the Sky (HITS), MSOs, cable operators, FM radio and Community Radio Stations (CRSs) are of utmost importance to ensure timely and authentic information dissemination. The proper functioning of these networks is required not only to create awareness among people and to give important messages but also to keep the nation updated of the latest status.

    The MIB also said in the press release that false and fake news need to be avoided and good practices need to be promoted and these networks play a pivotal role in ensuring the same.

    The critical infrastructure in this case include:

    (a) Printing presses and distribution infrastructure of newspapers and

    magazines;

    (b)All TV channels and supporting services like teleports and DSNGs;

    (c) DTH/HITS operations connected equipment /facilities, etc. including

    maintenance;

    (d) FM/CRS networks;

    (e)Networks of MSOs and cable operators; and

    (f) News agencies.

    In order to ensure continuity of these services, MIB requested state

    Governments and union territory administrations to facilitate operational

    convenience of the above-mentioned services.

    It also requested the keep the following points in case any restrictions are contemplated to be imposed for containment of COVID-19:

    (a) All operators of such facilities I intermediaries in the chain be permitted

    to remain operational;

    (b)Facilitating smooth supply and distribution chain as may be required;

    (c) The facilities should be permitted to be manned by the staff of the

    service providers;

    (d) The movement of the accredited staff of services providers be permitted;

    (e) The movement of vehicles carrying media persons, DSNGs and others including provisioning of fuel, wherever required may be facilitated; and

    (f) Availability of uninterrupted electric supply and other logistics as requested by such facilities have to be provided;

  • MIB asks private satellite channels to air TVC on COVID-19

    MIB asks private satellite channels to air TVC on COVID-19

    MUMBAI: The Ministry of Information and Broadcasting (MIB) has directed private satellite TV channels to air a new television commercial on the dos and don’ts of COVID-19 as the pandemic  is taking a toll across the globe. While India is still at the stage II of the outbreak, the awareness among the common mass needs to be high.

    The TVC has Bollywood star Amitabh Bachchan.

    On Thursday, Prime Minister Narendra Modi addressed the nation on combating the challenge of COVID-19. O. He requested citizens to follow certain measures to ensure the containment of the fast-spreading virus. He emphasized the importance of not taking the pandemic lightly and the need to be aware and proactive towards prevention of COVID-19.

  • AIDCF informs TRAI it will provide detailed submission for NTO 2.0 soon

    AIDCF informs TRAI it will provide detailed submission for NTO 2.0 soon

    MUMBAI: The All India Digital Cable Federation (AIDCF) has submitted a letter to the Telecom Regulatory Authority of India (TRAI), as per the judgement of the Kerala High Court, stating that it is collating information from member companies to make a detailed submission on the amended new tariff order (NTO 2.0), requesting TRAI not to take any further action.

    AIDCF secretary general Manoj Chhangani said it has informed TRAI that the federation would be sending the detailed representation in the next two weeks.

    The federation filed a writ petition in the Kerala High Court against certain provisions of NTO 2.0 regarding logical channel number, network capacity fee (NCF), multi-TV home connection.  The high court has stayed the clause relating to placing of channels on Electronic Programme Guide (EPG) in NTO  2.0. In the amended order, the authority had mandated that the channel of a language in a genre will be kept together while placing channels on EPG. Such EPG layout is to be mandatorily reported to the TRAI and no change in this can be done without prior approval of the authority.

    “In the above view of the matter, the amended provision in Regulation 18(4) of the Principal Regulation 2017 shall stand stayed. With regard to the other impugned provisions, the petitioners are permitted to file a detailed representation before the TRAI pointing out the objections to the  amendments producing all relevant data which will be duly considered by the TRAI and appropriate remedial steps shall be taken after due consultation with all stakeholders as required by law. Till such time, the provisions  except  the  provision  with  regard  to  freezing of the placement of channels in perpetuity  shall  be permitted  to  be operated,” the judgement said.

    Meanwhile, the Maharashtra Cable Operators Federation (MCOF) requested TRAI yesterday to defer the implementation of the amended tariff order (NTO 2.0) in view of the crisis created by Coronavirus. MCOF president Arvind Prabhu said that they are awaiting response from the regulatory body.

  • No assessment made on impact of NTO 2.0 on DD Free Dish: I&B minister

    No assessment made on impact of NTO 2.0 on DD Free Dish: I&B minister

    NEW DELHI: No assessment on the impact of new tariff order (NTO 2.0) on the public broadcaster Prasar Bharati’s free DTH platform DD Free Dish has been carried out by the Telecom Regulatory Authority of India (TRAI), revealed I&B minister Prakash Javadekar in response to a question by Congress MP Manish Tewari in the parliament.

    Tewari had asked whether TRAI has conducted an assessment of how regulations issued on 1 January 2020 impact the growth and popularity of Doordarshan’s Free Dish platform, to which Javadekar responded, “No such assessment has been conducted by TRAI.”

    He also added that the main objectives of the regulatory framework are to establish a harmonised business process in the sector, ensure level playing field, bring in transparency in TV channel pricing, reduce litigations among stakeholders and provide equal opportunities to smaller multi-system operators (MSOs).

    He also noted that TRAI notified the regulatory framework on 3 March 2017 for broadcasting and cable services after due consultation with the stakeholders. “In order to address the issues faced by the consumers, while balancing the interest of broadcasters as well as the distribution platform operators (DPOs) to create a level playing field, TRAI, after due consultation with the stakeholders, issued amendments to the regulatory framework for broadcasting and cable services sector on 01.01.2020.” 

  • Corona : MCOF requests TRAI to defer NTO 2.0 implementation

    Corona : MCOF requests TRAI to defer NTO 2.0 implementation

    The Maharashtra Cable Operators Federation (MCOF) has requested the Telecom Regulatory Authority of India (TRAI) to defer the implementation of the amended tariff order (NTO 2.0) in view of the crisis created by Coronavirus. MCOF president Arvind Prabhu said that they are awaiting response from the regulatory body. The Association of Film and Video Editors has also decided to stop the shooting of TV serials, web series, etc. from 19 till 31 March 2020.

    The federation has written in a letter today to the authority that in the normal course of business, LCO business entails many visits to Customer premises for Collections of Post-paid Subscription and on- site Service Support. It added that NTO2.0 will necessitate more frequent interaction with Subscribers firstly to refit them into New Basic Plan options and secondly to enable them to make the right choices of Pay Channels and Packages.

    It has also been said that the field executives will be exposed to many subscribers and vice versa and thus has a higher probability of turning into a Passive Carrier, if not a patient himself, which is ill- advised in the days of Corona Virus spread. At the present scenario, almost everyone is resorting to Social distancing to contain the spread.

    It has also added that the problem is compounded in large cities where the cable executive often travels and aboard Public Transport to reach his office . It mentioned that while the future situation is not predictable , the psychological need for minimal interaction would be hard to overcome.

    “We therefore request you to kindly defer the implementation of NTO 2.0 until things settle. The interim period would also be useful for more interactions with and by the Industry and whole-hearted participation by each Value chain Member,” the letter stated.

    “We also request that the deferment be made applicable to DTH and IPTV Operators too so as to ensure Status quo across the Sector.  This is without prejudice to the rights of stakeholders who have legally challenged the Tariff regulations and the outcomes are subjudice at this stage,” it added.

  • COVID-19: Union ministry debunks fake order giving holidays to offices

    COVID-19: Union ministry debunks fake order giving holidays to offices

    MUMBAI: The ministry of health & family welfare has debunked a fake ‘Office Memorandum’ (OM) issued in its name, giving holidays to government offices in four states in view of the Coronavirus disease.

    The fake OM says that “holiday is mandatory to all schools, colleges, educational institutes, work place having more than 10 employees” in Maharasthra, Gujarat, Uttar Pradesh, and Sikkim from 14 March to 21 March, 2020. It further says that in case of any breach of the order a fine of Rs 5000/- will be applicable per day.

    In a fact check, the ministry of health & family welfare has clarified that the ‘OM’ is fake and that it has not issued any such memorandum. The ministry has also informed that necessary action under relevant laws is being initiated.

    The fake OM, titled “Clarification regarding declaration of holidays for the States,” has been written in such a way that it accords an aura of authenticity. 

  • Tata Sky seeks to amend its writ petition against TRAI in the tariff order case

    Tata Sky seeks to amend its writ petition against TRAI in the tariff order case

    MUMBAI: The direct-to-home (DTH) platform Tata Sky has sought to amend the writ petition which was filed earlier before the Delhi High Court against the new tariff order introduced by The Telecom Regulatory Authority of India (TRAI). Alongside the ongoing case, Tata Sky seeks to amend the present petition by adding a challenge to the new amendments which was brought by the regulatory body at the beginning of 2020.

    Tata Sky has mentioned that following amendments are “arbitrary, irrational, unreasonable, without jurisdiction and seek to be expropriatory”.

    The petitioner has submitted that the reduction of Network Capacity Fee (NCF) is irrational and unreasonable as it does not ensure reasonable profit to the DTH platform. According to the petitioner, the TRAI has not carried out any tariff determining exercise before making the amendment regarding NCF.

    TRAI has also reduced the chargeability of the NCF in respect of every additional television to only 40 per cent of the original NCF, in a "multi-tv household".  It has also asked to reduce the carriage fee chargeable by a DPO against a new television channel from 20 paisa for Standard Definition (SO) per channel per month for a penetration upto 5 per cent, to a cap of maximum Rs 4 lakh for SD Channels. Such caps are also prescribed for HD Channels.

    “Through the capping of the Price of a Pay-Channel which could be put into a bouquet, the Distribution Fees available to the DPO has also been unreasonably and irrationally reduced,” the petitioner submitted.  It also added that the amendment would reduce  the  capability  of  a  DPO  to  form  bouquets  of channels which are priced above Rs 12 by the broadcaster. Moreover, a compulsory free carriage of Doordarshan channels has also been mentioned as unreasonable.

    “The Petitioner submits that the Impugned Amendments 2020 reduce the revenue generated by the Petitioner No.1 in such manner that even the basic right of the Petitioner to recover the basic cost of its network has been negated. The Petitioner submits that during the course of the present petition before this Hon'ble Court, the Respondent has failed to prove, establish or even display the advantages of the 2017 Regime,” it says.  

    Hence, Tata sky has sought to make additional grounds which may be allowed to be included in the main writ petition. According to the company, the impugned amendments 2020 do not take into account relevant matters and takes into account irrelevant issues like foreign consumers to subscribe television channels on the ala-carte basis by making bouquet of channels expensive. The DTH network is thus being made available to the consumer in such manner that it would not be able to even recover its operational or capital costs.

  • Plea against IPL: Madras HC issues notice to BCCI, Health Ministry

    Plea against IPL: Madras HC issues notice to BCCI, Health Ministry

    MUMBAI: The Madras High Court has ordered to issue notices to the BCCI and the union health ministry regarding a PIL against conducting IPL matches in view of the coronavirus outbreak.

    Adjourning the case, a bench comprising Justices MM Sundaresh and Krishnan Ramasamy sought responses from the ministry  and the BCCI before 23 March.

    The PIL had sought a direction to BCCI not to conduct IPL matches from 29 March to 24 May in view of the virus outbreak.

    The virus that first appeared in Wuhan city of China has spread to over 46 countries and entered India earlier this month.

    The country’s biggest cricketing event is scheduled between 29 March and 24 April.

  • Coronavirus: PIL filed in Madras HC against conducting IPL

    Coronavirus: PIL filed in Madras HC against conducting IPL

    MUMBAI: A PIL has been filed in the Madras High Court requesting the government not to allow the Board of Cricket Council of India from holding IPL in view of the coronavirus outbreak.

    According to media reports, the PIL is likely to come up before a division bench of Justices MM Sundresh and Krishnan Ramaswamy on 12 March.

    The petitioner said, “As per the website of the World Health Organisation, there was no specific medicine or to prevent or to treat the COVID-19 (Corona Virus Disease 2019) as on date.”

    The petitioner also said that the virus has been spreading all over the world rapidly and creating panic across countries, according to media reports.

    The virus that first appeared in Wuhan city of China has spread to over 46 countries and entered India earlier this month. Around 60 positive cases have been confirmed in India as of Wednesday.

    Meanwhile, the country’s biggest cricketing event is scheduled between 29 March and 24 April with the first match being played between Mumbai Indians and Chennai Super Kings.

    The most affected country in Europe is Italy, wherein over 10,000 confirmed cases have been reported as of Wednesday. “The Italy Federation League, one of the oldest leagues in the world, has been severely affected and the football games were being played behind closed doors with no fans allowed at any football ground until 3 April by the Italian government,” the petitioner said.

    The media reports also mentioned that the petitioner had sent a representation to authorities not to allow the BCCI to conduct IPL T20 cricket matches.