Category: Regulators

  • Kerala High Court passes interim order on the placement and LCN clause of NTO 2.0

    Kerala High Court passes interim order on the placement and LCN clause of NTO 2.0

    MUMBAI: The Kerala High Court has passed an interim order on the placement and LCN clause in the case of The Telecom Regulatory Authority of India (TRAI)’s tariff order amendment. However, other provisions will be operational.

    All India Digital Cable Federation (AIDCF) members moved the Kerala High Court challenging certain provisions of TRAI’s amended tariff order and interconnection regulation earlier. While refusing to issue any interim order on any of the other provisions, the single judge asked AIDCF to file representation before TRAI pointing out objections to amendments. A proper consultative process from TRAI shall follow this step.  Till then impugned provisions except the provisions with regards to freezing of placement of channels in perpetuity shall be permitted to be operated.

    TRAI said in the amendment: 

    The channel number once assigned to a particular television channel shall not be altered by the distributor for a period of at least one year from the date of such assignment:

    Provided that this sub-regulation shall not apply in case the channel becomes unavailable on the distribution network:

    Provided further that if a broadcaster changes the genre of a channel then the channel number assigned to that particular television channel shall be changed to place such channel together with the channels of new genre in the electronic programme guide.

  • Bombay High Court reserves judgement in new tariff order amendment case

    Bombay High Court reserves judgement in new tariff order amendment case

    MUMBAI: The Bombay High Court has reserved the judgment in the case of the new tariff order amendments (NTO 2.0) as the hearing got over on Thursday. While the ambiguity still continues in the ecosystem, the court is expected to pronounce the judgment in a couple of days.

    According to sources close to the development, Telecom regulatory Authority of India (TRAI) cited the judgment by Justice Nariman of Supreme Court delivered in 2018 and judgment of Delhi HC from 2007 to support that it has full right to regulate broadcasters. It alleged that regulating bouquet formation and discounts is important because broadcasters use the same to push unwanted channels to consumers and are only interested in increasing their advertisement revenue.

    On the other hand, broadcasters argued that bouquets help to make large number of channels cheaper for consumers and also attempted to prove that due to competition from streaming services and telcos, regulation for broadcast TV ought to be reduced. As LCOs filed an independent writ petition asking for stay, they also argued that any attempt by TRAI to bring down NCF will kill their business.

    Meanwhile, Kerela HC hearing a matter from MSOs protesting against an effort to reduce NCF has also reserved its order and will pronounce it soon.

    As none of the high courts pronounced any clear order on interim relief, the amended regime came into play from 1 March. Among the DPOs, Tata Sky, Airtel, Dish TV, Siti Cable and IMCL have implemented NTO 2.0 and reduced their NCF.

  • I&B ministry asks TV channels to publicise travel advisory for COVID-19 affected countries

    I&B ministry asks TV channels to publicise travel advisory for COVID-19 affected countries

    MUMBAI: The deadly corona virus with its epicentre in Wuhan, China has slowly crept into several parts of the world. Just this week, cases of Indians who have contracted this infectious disease came to light and put the government on alert. The health ministry has finally issued an advisory regarding Covid-19 and the ministry of information and broadcasting (MIB) has requested the electronic media to help spread the message.

    “Electronic media has always been in the forefront to carry such message as it is a powerful tool to reach out to the people across the country. In order to make this effort successful, it has been felt that support, assistance and contribution of TV channels and FM radio channels will be of immense use,” the advisory reads.

    The following are the tickers TV channels are advised to carry:

    1. Indian citizens are advised to refrain from travel to China, Iran, Republic of Korea, Italy and Japan.

    2. Indian citizens are advised to avoid travel to other COVID-19 affected countries.

    3. Passengers coming from abroad to India need to furnish duly filled self-declaration form and travel history to health and immigration officials at all ports and airports.

    4. For any health-related query call at ministry of health and family welfare, GOI’s 24X7 control room number +91-11-23978046 or email at ncov2019@gmail.com.

    “Keeping in view the significance and meaningfulness of this cause, all private satellite news TV channels and their associations are requested to give adequate publicity to the revised travel advisory issued by the ministry of health and family welfare,” it adds. 

  • Amid uncertainty over NTO 2.0, DPOs start complying with new NCF

    Amid uncertainty over NTO 2.0, DPOs start complying with new NCF

    MUMBAI: The amended new tariff order (NTO 2.0) comes into effect from today (1 March) amid ongoing legal battles. Although most of the broadcasters have not published their updated Reference Interconnect Offers (RIOs), many of the distribution platform operators (DPOs) have started complying with the regulations bringing change in network capacity fee (NCF).

    Along with other amendments, the Telecom Regulatory Authority of India (TRAI) had brought changes in number of channels permitted in Network Capacity Fee (NCF) and applicable NCF for multi TV homes. The authority also reduced the maximum NCF charge to Rs 130 (excluding taxes) for 200 channels. It also added that NCF for more than two hundred SD channels, should not exceed Rs 160.

    “The network capacity fee, per month, for each additional TV connection, beyond the first TV connection in a multi TV home shall, in no case, exceed forty percent of the declared network capacity fee,” it added.

    Tata Sky has also declared its updated NCF. The DTH operator will now charge Rs 153.40 per month for the first 200 SD channels, inclusive of all taxes and Rs 188.80 per month for more than 200 SD channels, inclusive of all taxes. For each secondary connection, it has fixed a NCF of Rs 61.36 per month for the first 200 SD channels, inclusive of all taxes, Rs 75.52 per month for more than 200 SD channels, inclusive of all taxes.

    Airtel Digital TV will charge now the same amount as Tata Sky is charging. However, it is charging Rs 52 ( without taxes) for the primary connection and Additional NCF of Rs 30 (taxes extra) for more than 200 channels.

    “The network capacity fee, per month, payable by a subscriber (each set top box) for 200 SD channels is Rs 130. The NCF, per month, payable by a subscriber (each set top box) for more than 200 SD channels is Rs 160. For determination of channel count 1 HD channel is equivalent to 2 SD channels as per regulations,” Siti Networks stated.

    “The television channels notified by the central government shall be mandatorily available to all the subscribers and shall be in addition to the number of channels available in the network capacity fee. Network capacity fee, per month for each additional TV connection, beyond the first TV connection in a multi TV home shall be forty per cent of the network capacity fee of the Parent STB. The STB with maximum number of channels would be treated as Parent STB,” it added.

    Moreover, IndusInd Media & Communications Ltd (IMCL) has mentioned in its website that pricing of some of its packages will be revised downwards with effect from 1 March. It has also mentioned about the new NCF.

  • After NTO implementation, Indians ditching TV for OTT: survey

    After NTO implementation, Indians ditching TV for OTT: survey

    MUMBAI: People are migrating to online media for content after Telecom Regulatory of India (TRAI) came up with the New Tariff Order (NTO), says a survey. According to a research done by YouGov, around half of Indian DTH subscribers (48 per cent) said the amount of time they spend watching original online content (on Netflix, Amazon Prime, Hotstar, etc.) has increased after the implementation of the TRAI tariff order last year. Almost as many (42 per cent) said the same for time spent watching television content digitally.

    The latest findings seem to validate its previous survey done in 2019. As per that survey, when the order was first passed, half of the 1020 respondents (49 per cent) indicated their inclination to spend more time online watching original content as a result of this amendment.

    TRAI is all set to implement the proposed NTO 2.0 starting 1 March 2020. Though the regulatory body argues that the new tariff order has benefitted the end consumer, the reality seems to be different.

    As per the earlier order, users were to choose channels they liked and pay standardised rates for only those they watch. Although this move was meant to enhance the customer’s television viewing experience, people did not seem too happy with its execution.

    The TRAI guidelines seem to have adversely impacted the business of television and 43 per cent said their TV-viewing time has decreased in the last year.

    Furthermore, one in six (16 per cent) claimed to have unsubscribed from a DTH connection or network because of the TRAI rule, and one in five (21 per cent) have unsubscribed and moved entirely online for content.

    Men were more likely than women to disconnect their cable connection (19 per cent vs 13 per cent) while the youngest generation, GenZ, were more likely than the rest to not just unsubscribe but migrate online as well (26 per cent).

    NTO 2.0 is likely to make subscriptions affordable by offering consumers 200 channels with the base slab of Rs 130 as opposed to 100 channels offered earlier. The data shows that the majority of respondents (60 per cent) favour the revised order, 14 per cent disapprove of it and 26 per cent have no view in this regard.

    Support could be due to the fact that people positively perceive this change and more than half (56 per cent) feel it will empower them to choose the channels they like. Although people largely support it, many (36 per cent) feel the new amendment will confuse consumers by giving them too many options to choose from.

    Following the introduction of the TRAI regulatory framework last year, 40 per cent TV-viewers selected channels individually and paid for each, 37 per cent bought a bundle pack and 23 per cent opted for free-to-air channels with few additions.

    The ones who bought a bundle pack were more likely to say they paid more than they used to earlier as compared to the ones who selected channels individually or kept all free channels- who instead were more likely to say they paid lesser than before (29 per cent and 30 per cent, respectively).

    If the new TRAI rule comes into force, most people (38 per cent) are still likely to individually select channels. The proportion of people wanting to buy a bundle pack as well as keep free channels is similar, at 31 per cent each, suggesting that people are equally receptive to each of the offerings.

    YouGov India general manager Deepa Bhatia said: “YouGov’s survey last year rightly predicted the likely impact of the new regulation on consumer viewership. The latest findings validate this prediction. The new order is likely to disrupt the business further and hence it is even more important for advertisers to study the changing consumer needs and behaviour and reallocate their media budgets accordingly.”

  • NTO 2.0: Ambiguity persists as arguments continue in Bombay, Kerala High Courts

    NTO 2.0: Ambiguity persists as arguments continue in Bombay, Kerala High Courts

    MUMBAI: Ambiguity continues in the ecosystem with just one day left for the implementation of new tariff order amendments (NTO 2.0).

    On Friday’s hearing in Bombay high Court, no conclusion was reached regarding interim relief. The Telecom Regulatory Authority of India (TRAI) will continue its argument on Monday.

    According to sources close to the development, TRAI has been directed not to take any coercive step. Although there is no any conclusion yet, a decision will mostly be taken on Monday.

    Earlier, broadcasters’ argument was that the entire regime is set to kick in from 1 March. Since it is around the corner, they have moved the court seeking a stay. If they implement it before hearing, the entire petition becomes infructuous.

    In response to the argument, TRAI counsel said on Thursday that it’s not the entire amended interim regime that is kicking off from 1 March. The TRAI counsel added that broadcasters’ obligation to declare new prices became effective from 15 January, but they did not make any progress on it without any stay order. If they declare prices, then only other stakeholders in the industry will be able to comply with the regime, as TRAI noted.

    The Bombay High Court also asked TRAI to take instructions on deferment of NTO 2.0 as they did for the 2017 regime before the Madras High Court on Wednesday. After TRAI expressed its unwillingness to defer NTO 2.0, the hearing on interim stay started on Thursday.

    In another case, the Kerala High Court has passed an interim order directing the TRAI not to take steps that are detrimental to the interest of the All India Digital Cable Federation (AIDCF) members. Although on Friday’s hearing no judgement was passed for interim relief, the decision of interim protection has been reserved.

    In another development, Discovery has moved its petition to Delhi High Court which was heard today. The next hearing for the petition has been scheduled for 19 March.

  • I&B ministry warns TV channels against airing content inciting violence

    I&B ministry warns TV channels against airing content inciting violence

    MUMBAI: In the wake of the ongoing CAA protests and Delhi riots, the ministry of information and broadcasting has issued an advisory to all private and satellite channels to be cautious with content which is likely to encourage or incite violence or contain anything against the maintenance of law and order or which promotes "anti-national attitudes".

    TV channels are also advised to be cautious about airing content which contains attacks on religions or communities or visuals or words contemptuous of religious groups or which promotes communal attitudes.

    The broadcaster must be careful before airing content which contains anything defamatory, deliberate, false or suggestive innuendos and half-truth.

    The ministry has asked channels to ensure strict compliance of code and also ensure that no content is telecast which violate the programming and  advertising code. 

    This is the second such advisory sent out by the ministry with the last one coming out in January. 

  • Bombay High Court to hear TRAI’s plea in NTO 2.0 case tomorrow

    Bombay High Court to hear TRAI’s plea in NTO 2.0 case tomorrow

    MUMBAI: The Bombay High Court today heard the arguments of the broadcasters in their case against the Telecom Regulatory Authority of India (TRAI) for the New Tariff Order   or NTO 2.0. The bench will hear pleas from the lawyers of TRAI tomorrow.

    In the previous hearing held yesterday, the court asked TRAI to take instructions on deferment of NTO 2.0 as they did for the 2017 regime before the Madras High Court.

    The petitioners are against the ‘impugned provisions’ from the new price regime which was implemented last year. At the beginning of 2020, the industry watchdog modified certain provisions (described as impugned provisions) of the new price regime which were implemented last year. TRAI prescribed twin conditions on pricing; the sum of the a-la-carte rates of the pay channels (MRP) forming part of a bouquet shall in no case exceed one-and-a-half times the rate of the bouquet of which such pay channels are a part.

    Recently, TRAI asked broadcasters and distribution platform operators (DPOs) to take necessary steps to ensure a smooth rollout of the amended new tariff order from 1 March. Both broadcasters and DPOs had been directed to publish the required information on their website to provide consumers sufficient time to exercise their choice of channels and bouquets before the implementation.

  • Bombay HC asks TRAI to take instructions on deferment of NTO 2.0

    Bombay HC asks TRAI to take instructions on deferment of NTO 2.0

    MUMBAI: The Bombay High Court has asked the Telecom Regulatory Authority of India (TRAI) to take instructions on deferment of (new tariff order) NTO 2.0 as they did for the 2017 regime before the Madras High Court. According to sources close to the development, the regulatory body has been asked to submit a deferment plan.

    TRAI has to respond at the next hearing scheduled on 27 February. As per the sources, today’s hearing went on for more than two hours and TRAI will continue its argument tomorrow. At first, broadcasters argued for the interim relief which was slightly opposed by TRAI.

    “The court asked why it can’t be deferred for one more month and within which the court can complete the hearing. If this can’t be deferred for one month, then court will decide on the interim relief tomorrow itself,” one of the sources said.  

    TRAI's counsels will take instructions from TRAI on the plan to defer NTO 2.0 just like they voluntarily deferred 2017 NTO before Madras HC.

    At the beginning of 2020, the industry watchdog modified certain provisions (described as impugned provisions) of the new price regime which was implemented last year. TRAI prescribed twin conditions on pricing.

    They were:

    1. The sum of the a-la-carte rates of the pay channels (MRP)forming part of a bouquet shall in no case exceed one and a half times the rate of the bouquet of which such pay channels are a part.

    2. The a-la-carte rates of each pay channel (MRP), forming part of a bouquet, shall in no case exceed three times the average rate of a pay channel of the bouquet of which such pay channel is a part.

    Recently, TRAI asked broadcasters and distribution platform operators (DPOs) to take necessary steps to ensure a smooth rollout of the amended new tariff order from 1 March. Both broadcasters and distribution platform operators (DPOs) had been directed to publish the required information on their website to provide consumers sufficient time to exercise their choice of channels and bouquets before the implementation.

  • NTO 2.0 will not have much impact at consumer level: Shaji Mathews

    NTO 2.0 will not have much impact at consumer level: Shaji Mathews

    MUMBAI: Even as stakeholders have moved courts against Telecom Regulatory Authority of India’s (TRAI) amendment of the New Tariff Order (NTO), analyst and consultant Shaji Mathews feels that it will not have any significant effect on the existing system. “I don’t think NTO 2.0 will have much effect on the consumer either, because whatever changes and choices consumers were to make, happened during the NTO 1.0 implementation. Once the legal battle on NTO 2.0 is over, the MSOs will implement it at the consumer level with cautiousness. They won’t disrupt the system,” says Mathews, who previously held positions as the VP of Star TV, COO of GTPL and CEO of KCCL.   

    According to him, NTO 1.0 was expected to remove discriminatory agreements which were imposed by broadcasters and create a level-playing field for small MSOs as well. “For that TRAI brought in the MRP regime, which was uniform pricing across the country for the consumers and transparent margins for the distribution platforms, whether they are small or big,” he says. It was expected that the MRP system will push broadcasters to bring consumer-friendly pricing, enabling consumers to avail a multitude of channels of their liking within the rates they were paying.

    “In the process, what happened was that consumers who were expecting to go a-la-carte found themselves at the receiving end because broadcasters basically priced the channels in such a way that they can defeat the whole purpose of the NTO itself,” he points out. 

    Now, by bringing in MRP regime, TRAI is expected to make it easy for consumers to choose channels based on prices.

    It also brought in certain regulations, on bouquet pricing, that the discount in pricing should not be more than 15 per cent. But while implementing, that was removed from the regulation and was kept in abeyance because of the remark of the Madras High Court. However, in the legal battle at Supreme Court, the remark made by the SC prompted the regulator to go approach the Supreme Court for a decision on the 15 per cent. But the apex court threw it back to TRAI and asked it to take steps which were within TRAI’s powers.

    In that scenario, he says that TRAI had to come out with NTO 2.0 wherein some regulations related to a-la-carte rate and bouquet rate had to have interlinked logics. And TRAI stepped in to clear the anomalies which were there in NTO 1.0.

    According to him, the consumers are not bothered about all these things. They want convenience. “I don’t share the views of TRAI and many other stakeholders that the consumer is so bothered about his freedom to choose on an a-la-carte basis. There are 800 channels in this country. In the NTO 1.0 regime, when broadcasters brought out the bouquets, there was no limit on the number of bouquets you could make. There were about 500 packages to choose from, and the consumers were frustrated. There is no point in forcing a-la-carte on consumers; they don’t really bother about whether it is a-la-carte or bouquet. They are bothered only about convenience, getting to watch their favourite channels, and they don’t want to pay too much. All these three were disrupted by the NTO. The consumer was not in a position to choose from too many packages and too many a-la-carte options.”

    Broadcasters, on their part, jacked up the prices, he said. All these went against the consumer requirements, resulting in a lot of them reducing their stickiness to watching TV. According to him, the cable industry lost around 10 to 15 per cent subscribers because of NTO.

    “It is not necessary that these consumers migrated to DTH. They did not go to OTT or YouTube, either. In fact, a lot of consumers did not go anywhere. They may come back to the system over a period of time. They have other priorities in life. They were like, let it be. That was the effect of NTO,” says Mathews. 

    He is certain that there won’t be much of a change in the case of NTO 2.0.

    “What I expect is that broadcasters will come out with revised prices. Having learned lessons from the implementation of the NTO, MSOs will not disrupt the system this time. If broadcasters reduce the prices, I think MSOs will give more channels to the consumers for the same price.  I don’t see the possibility of broadcasters increasing the prices, except in one or two cases. Some of the broadcasters are very aggressive in their stand. As regulator has come up with the Rs 12 pricing cap, some aggressive broadcasters might remove their channels from the bouquet,” he explains.

    Asked about the broadcasters’ complaint that their freedom to price has been curtailed by the NTO, he said: “Their freedom to price is there; only their freedom to bundle has been restricted. Their charges with regard to the loss of control over the pricing won’t stand. Broadcasters are making a fuss on this because it is their strategy of ensuring that the outcomes are advantageous for them.”

    On the question of TRAI’s authority to fix price cap, Mathews answers that the cap is only on the bundled channels, not on any other channels.

    He is also sure that none of the distribution platforms will create any disruptions under the NTO 2.0 regime. According to him, during NTO 1.0 the platforms went a little overboard in implementation. “So this time they will definitely not do anything disruptive. They will proceed cautiously. There will not have the same kind of disruption as we witnessed during NTO 1.0,” he states.