Category: Regulators

  • TRAI says TV industry saw 12.24% growth in  FY 2018

    TRAI says TV industry saw 12.24% growth in FY 2018

    MUMBAI: While the global scenario reflects an impending death for TV in India soon, factors like rising OTT platforms and cheaper data rates, are also adding fuel to the fire. However, as per the Telecom Regulatory Authority of India (TRAI) Annual Report 2017-18, the TV sector revenue in the country has recorded a growth of 12.24 per cent since last year.

    Even though the growth of data usage by wireless subscribers has reached a new level showing unprecedented growth, the revenue of the TV industry grew from Rs 58.8 crore to Rs 66 crore.
    Indian consumers are still showing willingness to pay for their content as TV subscription revenue plays the major share (59.5 per cent) in the overall industry revenues. It also witnessed a decent hike; from Rs 38.7 crore in 2016-17 to Rs 39.3 crore in 2017-18.

    The cable TV segment came out as the largest of the TV service sector with an estimated subscriber base of around 98.5 million subscribers. The subscriber base in the last fiscal was 92 million.

    Advertisement revenue also showed an upward trend, growing 32.8 percent-from Rs 20.1 crore to Rs 26.7 crore-during the year. DTH attained a net active subscriber base of around 67.53 million.

    The report also revealed that the radio industry is entirely dependent on advertisement revenues and has registered a growth of around 6.03 per cent during the year 2017-18. Advertisement revenues have also risen from Rs 20.46 crore10 in 2016-17 to Rs 21.7 crore in year 2017-18.

     

  • Tata Sky favours multiple agencies for TV audience measurement

    Tata Sky favours multiple agencies for TV audience measurement

    MUMBAI: Tata Sky, one of the leading DTH operators in India has suggested Telecom Regulatory Authority of India (TRAI) that there should be multiple rating agencies. The competition will bring in new technologies and new methods in analysis.

    “Yes, multiple rating agencies need to be promoted. Competition will  bring in new technologies, new research methodologies, new methods in analysis, new and better ways to ensure better data quality,” Tata Sky has said in its submission to a consultation paper on TV audience measurement floated by TRAI.

    On the contrary, GTPL Hathway believes that there is no need for competition in the television rating services to ensure transparency and accuracy.

    “If more television ratings agencies are allowed to compete then the sample size will reduce and might even get scattered demographically. Therefore to ensure transparency and accuracy, there is no need for competition in the television rating services,” GTPL Hathway stated.

    The DTH player also commented that BARC India is not transparent regarding sharing the methodology and the representation of the panel home amongst the various platform types.

    Both Tata Sky and GTPL Hathway suggested that the BARC shareholding body should also include members representing the DPO/DTH/OTT platform body.

    To address the issue of panel tampering/infiltration, GTPL Hathway suggested to increase the sample size of the panel household significantly, which will reduce the impact of tampering on overall TV ratings, which in turn will reduce the temptation to tamper with the panel homes.

    Tata Sky argues that there is an under representation of DTH customers amongst the existing panel homes and BARC has taken no steps to publish a list for transparency. The representation of HD homes also needs correction.

    On the question whether BARC India should be permitted to provide raw level data to broadcasters, the MSO said, “We agree with TRAI’s view that release of raw data to broadcasters may potentially compromise on secrecy of households and sanctity of the data. The proposition that availability of raw data would help in giving the broadcaster sharper insights into viewership behavior is not sufficient to take such a huge security risk. There are other ways of sharper insights into viewership behavior such as AI."

    "Provisioning of raw level data to broadcasters will definitely contravene the policy guidelines for television rating agencies prescribed by MIB. The accreditation system mentioned by MIB requires secrecy of panel households, while release of raw data to broadcasters may potentially compromise secrecy of households", GTPL Hathway stated.

  • TRAI vs Tata Sky: Delhi High Court adjourns case to 11 March

    TRAI vs Tata Sky: Delhi High Court adjourns case to 11 March

    MUMBAI: The Delhi High Court on Thursday adjourned Tata Sky’s ongoing legal battle, in which Discovery,  Bharti Telemedia-owned Airtel Digital TV and Sun Direct are a part, with the Telecom Regulatory Authority of India(TRAI) and its new tariff regime to 11 March.

    Recently, the regulator extended the deadline for consumers to select television channels under its new tariff regime till 31 March. The subscribers that don’t opt for new channels would be moved to ‘Best Fit Plans’, which would be developed as per usage pattern, language and channel popularity, the sector regulator said in its statement.

    TRAI chairman RS Sharma addressed a press conference couple of weeks back in Delhi, rubbishing a Crisil report that claimed that cable and DTH bills were bound to increase after the implementation of the tariff order.

    Earlier, Indian Society of Advertisers' (ISA) executive council also advised its members to not use the BARC data for media buying, planning and evaluation perspective during the transition period, which it feels will stretch up to six weeks.

    On 4 February, after senior lawyer Kapil Sibal, representing Tata Sky, concluded his arguments including legal submissions, Discovery India Communication’s counsel Gopal Jain laid the foundation for his arguments.

    The regulator informed the court that the new tariff order has already been implemented from 1 February.

    Earlier TRAI had offered an extension till 31 January to distribution platform operators (DPOs) for implementation.

    On 24 January, the Harit Nagpal-led company finally unveiled the new pricing of channels and packs after it was served a show-cause notice by the TRAI.

    TRAI's show-cause notice said, "Tata Sky has failed to provide options to its 17.7 million subscribers in compliance with the new framework to exercise their choices for TV channels. Tata Sky has put its subscribers in a situation of great difficulty despite no fault of theirs by not complying with the provisions of the new regulations and the tariff order.”

    Despite the delay in announcing channel prices, Tata Sky MD and CEO Nagpal is confident that his team can complete the tricky task of implementing the new norms within a relatively short span of time.

    “Tata Sky has always been compliant to regulatory requirements. We have gone live with our modes of communication across the Tata Sky website, Tata Sky mobile app and also equipped the dealers that subscribers can reach out to. We were confident that we would be able to complete the task in 1 week’s time. Hence we used this time to a seamless and smooth transition for all our subscribers. We have ensured that choosing channels and packs is as easy as 1, 2, 3 for any subscriber,” the veteran executive said.

    On 29 January, the Calcutta High Court stayed the cable switchover till 18 February. The court’s directive was a result of 80 cable operators from the city filing a petition against the TRAI mandate. However, the high court later vacated the stay.

    The petitioners’ lawyer Debabrata Saha Roy argued that the revenue-sharing model under the new regime will significantly reduce the cable operators’ share to just nine per cent. With 80 per cent going into the broadcasters’ kitty, MSOs stand to get just 11 per cent, thus making it an unsustainable business proposition for operators.

    In 2017, Bharti Telemedia, Tata Sky and Discovery Communication India had filed petitions against TRAI, challenging its tariff order and the interconnect regulations.

    Unlike the position adopted by Star India wherein it questioned the regulatory powers of TRAI, the matter in the Delhi HC questions the regulator’s power to wipe out deals that operators enter into to fix commissions and rates for customers.

  • Broadcasters support return of RPD in BARC measurement module

    Broadcasters support return of RPD in BARC measurement module

    MUMBAI: Broadcasters have shown unified support towards the need to improve the current audience measurement technique used by the Broadcast Audience Research Council (BARC).

    In their responses to the multiple queries that TRAI had put forth in a consultation paper broadcasters—ABP News Network, Sony Pictures Network, and Discovery Communications Indiahave contended that the introduction of Return Path Data (RPD) vide digital set-top boxes (STB) will improve the measurement process. They also noted that raw data should be provided to the broadcasters as it will help them in improving their efficiency.

    Another point raised by the broadcasters is that there should be an increase in the number of sample homes used for collecting data. Discovery Communications India noted, “All STBs should facilitate RPD technology, however, the same can be considered to be done in phases. The additional cost would only be limited to include the requisite software and hardware to support the technology.”

    However, the broadcasters did not propose any change in the stakeholding pattern of BARC. Currently, IBF has 60 per cent shareholding while the ISA and AAAI hold 20 per cent each in BARC. They also declined the need to introduce competition in the viewership measurement domain. Discovery Communications India stated that it would lead to chaos and duplication of data while Sony Pictures Networks said it will lead to skewing of results to the convenience of a few stakeholders.

    Responding to the query if DPOs should be mandated to facilitate the collection of viewership data, broadcasters differed. While ABP News Network denied the possibility completely stating that it might lead to data tampering, Discovery Communications India supported the idea saying, “As the subscriber data is already available with them hence it would make the process time efficient and the process easier in toto.”

    Sony Pictures said, “In order for the data collection process to be fair, neutral and immune from any bias, all interested parties including DPOs should be kept outside of the process. However, if DPOs are mandated to roll out hybrid STBs or RPD technology to capture viewership data for greater reach resulting the data should directly reach BARC or else there could be scope for manipulation as discussed above (DPO to act as a pure pass-through). Hence, stringent technology and security checks should be deployed to ensure that the data is not manipulated.”

    In addition to this, Sony Pictures also asked for the draft Personal Data Protection Bill 2018, proposed by the Justice Srikrishna Committee, to be complied with to ensure the privacy of individual information while data collection for viewership counts.

    TRAI had released the said consultation paper in December last year, seeking responses of the various stakeholders to several pertinent questions related to TV viewership measurement. The consultation was a result of various stakeholder meetings asking to improve the existing BARC mentoring format. The last date to file the responses was extended by a month to 2 February on 28 December 2018.

  • TRAI to take action against errant service providers

    TRAI to take action against errant service providers

    MUMBAI: In order to address customer concerns regarding the new tariff regime that came into effect from 1 February, the Telecom Regulatory Authority of India (TRAI) has taken considerable steps to educate and inform people.

    Noting that several service providers have not been active in getting people migrated, it has, according to a report by Telecom Talk, said that customers who are grappling with faulty connections can lodge a complaint at a designated call centre.

    The authority even stated that if there is no word from the operator even after making a claim, subscribers won’t have to pay after 72 hours. After witnessing the issues being faced by customers, TRAI extended the date for choosing packs till 31 March and even asked operators to ensure that those who have prepaid for their connections should not suffer any cable loss. The least that can be done is to temporarily move people to packs which are close enough to their previous choice.

    TRAI has also taken similar steps to address the concern of exorbitant rates being charged by DTH and cable operators for service charges. It has capped cable charges to Rs 200-300 and DTH at Rs 500.

    A few days ago, TRAI said that about 6.5 crore cable and 2.5 crore DTH homes have been migrated to the new regime. This means 9 crore out of the total 17 crore TV homes in the country have successfully adopted new plans. It had said that it will take up massive consumer awareness programmes through print, social media, ads and other programmes to ensure the message reaches out to consumers.

    It even told operators that in cases of a second TV connection in the same home, they have the option to forgo or provide a discount on the base charge of Rs 130.

  • TDSAT permits Harvest TV to be renamed Tiranga TV

    TDSAT permits Harvest TV to be renamed Tiranga TV

    MUMBAI: Veecon Media and Broadcasting Pvt Ltd has been granted interim relief by Telecom Disputes Settlement Appellate Tribunal (TDSAT) permitting it to use the name ‘Tiranga TV’ for its news and current affairs channel that is currently called ‘Harvest TV’

    Confirming the news, Veecon Media and Broadcasting chairman Deepak Choudhry told Indiantelevision.com, “Such relief from TDSAT could not have come at more appropriate time, when M/s Harvest Television Network Pvt Ltd, who claims to own the trade mark for ‘Harvest TV’, has filed suit against Veecon before the District Court at Thiruvananthapuram for restraining Veecon from using the name and logo, which has any resemblance with the name ‘Harvest TV’. Veecon had permission from the I&B Ministry to use the name and logo ‘Harvest TV’ and had been pursuing its case with the I&B Ministry for the change of name since September 2017. Finally, today it has succeeded is getting a change of name to ‘Tiranga TV’.”

    However, the Kapil Sibal-backed channel will not be using the three colours of the national flag in its logo, pertaining to the fact that it might be against the relevant provisions of 1950 Act and Flag Code, 2002. TDSAT said in its order, “Without expressing any final opinion on the issue noticed above, we are of the considered view that the name Tiranga itself is not covered by the Schedule of 1950 Act nor is subject matter of Flag Code.  However, this may not strictly apply to the use of the three colors which is there in the emblem of Tiranga TV.”

    It added, “We are also aware that petitioner (Veecon Media and Broadcasting Pvt Ltd) itself had opted for some other name in the interregnum but during submissions,  it has been highlighted that change of name may adversely affect the reputation, goodwill and business of the petitioner, and hence Mr Sibal has submitted that the petitioner voluntarily undertakes not to use the colors on the name and logo but simply use the words “Tiranga TV”, as submitted in its application.  In other words, he has offered that petitioner will not use the colors saffron and green in the name and logo of Tiranga TV until the issue is finally decided as per the orders of this Tribunal or otherwise in accordance with law.”

    On a relevant note, Kerala-based Christian devotional channel Harvest TV, owned by Bibi George Chacko, had earlier accused Veecon of ‘riding on the goodwill and reputation of Harvest TV’ by using its name and logo, the permission for which was granted for only two years that, which expired on 31 January 2018. Responding to the claim Veecon asserted that Chacko can get the issue decided only through an appropriate court or authority. TDSAT had given Veecon the permission to use the name Harvest TV for its channel till further orders.  

  • Govt orders private TV channels to strictly follow terror attack coverage guidelines

    Govt orders private TV channels to strictly follow terror attack coverage guidelines

    MUMBAI: In the wake of the recent terror attacks in Jammu & Kashmir, the government has issued an advisory to private TV channels to adhere to the guidelines that are issued for the coverage of terror attacks.

    A release from the Press Information Bureau asks channels to broadcast content that strictly adheres to the Programme and Advertising Code as prescribed in the Cable Television Networks (Regulations) Act, 1995 and its rules.

    TV Channels are advised to be particularly cautious with regard to any content which:

    (i)     is likely to encourage or incite violence or contains anything against maintenance of law and order or which promotes anti national attitudes: and /or

    (ii)    contains anything affecting the integrity of the nation: and ensure that no such content is telecast which is violative of these Codes.

  • DPOs have to pay broadcasters under new tariff order rules starting February

    DPOs have to pay broadcasters under new tariff order rules starting February

    New Delhi: The Telecom Regulatory Authority prof India (TRAI) notified The Telecommunications (Broadcasting & Cable) Services Interconnection (Addressable Systems) Regulations, 2017, The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017  and the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 (collectively “New MRP Regime”) and directed all broadcasters and distribution platform operators (“DPOs”) to ensure compliance with the provisions of the New MRP Regime from February 01, 2019.

    Thereafter TRAI issued a letter dated February 04, 2019 to the Indian Broadcasting Foundation (IBF) TRAI categorically stating that all provisions of the New MRP Regime must be enforced from 1st  February, 2019  and directed IBF to inform its member broadcasters to ensure compliance with the New MRP Regime from February 01, 2019. IBF and its members have unequivocally affirmed their support for the smooth implementation of the New MRP Regime.

    By its latest Press Release No. 11/2019 dated 12th February, 2019, TRAI has acknowledged that 65% of cable services subscribers and 35% of DTH subscribers have already migrated to the new MRP Regime. However, since a switch off will cause inconvenience to subscribers, TRAI has extended time upto 31st March, 2019 to those subscribers who have not yet migrated to exercise their choice.  In view of this there may be some confusion amongst DPOs regarding the implementation of the New MRP Regime. Some of our member broadcasters have been receiving calls from some DPOs seeking clarification regarding submission of monthly subscriber reports (MSRs) and billing for the month of February 2019.

    IBF would like to clarify that its member broadcasters have executed the Reference Interconnect Agreements (RIOs) under the New MRP Regime with the DPOs and have implemented the New MRP Regime effective 1st February, 2019 as mandated by TRAI.  Thus all DPOs are statutorily bound to adhere to the provisions of the New MRP Regime.  Accordingly, DPOs are hereby requested to provide their MSRs as mandated under the New MRP Regime in respect of each of their subscribers on the duly notified dates viz., 7th, 14th, 21st and 28th of every month.   Kindly note that from the month of February 2019 onwards our member broadcasters will be raising invoices on DPOs in accordance with the provisions stipulated by TRAI under the New MRP Regime.

    This media release is being issued by IBF on behalf of its member broadcasters for the purpose of clarifying the position in regard to the foregoing.

  • Delhi HC directs TRAI to explain changes in tariff order implementation

    Delhi HC directs TRAI to explain changes in tariff order implementation

    MUMBAI: Chief Justice of Delhi High Court Rajendra Menon on Wednesday questioned the Telecom Regulatory Authority of India (TRAI) for altering the implementation process of its new tariff regime without informing the court. The chairperson of the sector regulator has now been directed to file an affidavit within a week explaining these changes.

    Though some felt it’s a procedural matter, sources in the government opined situation is not as bad for the regulator as a section of the industry would like to make it out. Refusing to be identified or named, a source in the government said there were some hiccups in the transition process as it’s a mammoth process involving millions of households, but TRAI’s reply to the court, as directed, would address the issues adequately.

    The TRAI on Tuesday had extended the deadline for consumers to select television channels under its new tariff regime till 31 March 2019. The subscribers that don’t opt for new channels would be moved to ‘Best Fit Plans’, which would be developed as per usage pattern, language and channel popularity, the sector regulator said in its press note. The regulator’s main premise was that consumers should not be inconvenienced, especially those in far-flung areas and without modern techs as running internet, with the changes being sought to be implemented.

    On Wednesday, Gopal Jain, arguing on behalf of Discovery India Communication, questioned the basis (and permission) on which the regulator filed its voluminous affidavit (running into 500 pages) on 6 February 2019 after the last hearing in the matter.

    Jain also brought to the court’s notice Tuesday’s TRAI press note, which, he said could have a bearing on the case.

    Jain also highlighted the difference between the over 500 pages that were annexed to the TRAI affidavit, which talked about consumer choice, and the press note (on Tuesday) that seems to shift choice in the hands of the DPOs, a proposition that is antithetical in nature.

    In the absence of a senior counsel, TRAI sought time from the court after the chief justice asked for an explanation on the same.

    While the case was adjourned to 21 February, the court wants the TRAI chairperson to file an affidavit stating on what basis (and whose permission) the initial affidavit was filed.

    What the court also wants the TRAI to explain is the correlation between the affidavit which talks only about consumer choice and the press note which gives the choice in the hands of the DPOs.

  • TRAI vs Tata Sky: Delhi High Court adjourns case to 21 February

    TRAI vs Tata Sky: Delhi High Court adjourns case to 21 February

    MUMBAI: The Delhi High Court on Wednesday adjourned Tata Sky’s ongoing legal battle, in which Discovery,  Bharti Telemedia-owned Airtel Digital TV and Sun Direct are a part, with the Telecom Regulatory Authority of India(TRAI) and its new tariff regime to 21 February.

    The regulator on Tuesday extended the deadline for consumers to select television channels under its new tariff regime till 31 March The subscribers that don’t opt for new channels would be moved to ‘Best Fit Plans’, which would be developed as per usage pattern, language and channel popularity, the sector regulator said in its statement.

    TRAI chairman RS Sharma last week addressed a press conference in the national capital, rubbishing a Crisil report that claimed cable and DTH bills were bound to increase after the implementation of the tariff order.

    Earlier, Indian Society of Advertisers' (ISA) executive council also advised its members to not use the BARC data for media buying, planning and evaluation perspective during the transition period, which it feels will stretch up to six weeks.

    On 4 February, after senior lawyer Kapil Sibal, representing Tata Sky, concluded his arguments including legal submissions, Discovery India Communication’s counsel Gopal Jain laid the foundation for his arguments.

    The regulator informed the court that the new tariff order has already been implemented from 1 February.

    Earlier the TRAI had offered an extension till 31 January to the distribution platform operators (DPOs) for implementation.

    On 24 January, the Harit Nagpal-led company finally unveiled the new pricing of channels and packs after it was served a show-cause notice by the TRAI.

    TRAI's show-cause notice said, "Tata Sky has failed to provide options to its 17.7 million subscribers in compliance with the new framework to exercise their choices for TV channels. Tata Sky has put its subscribers in a situation of great difficulty despite no fault of theirs by not complying with the provisions of the new regulations and the tariff order.”

    Despite the delay in announcing channel prices, Tata Sky MD and CEO Nagpal is confident that his team can complete the tricky task of implementing the new norms within a relatively short span of time.

    “Tata Sky has always been compliant to regulatory requirements. We have gone live with our modes of communication across the Tata Sky website, Tata Sky mobile app and also equipped the dealers that subscribers can reach out to. We were confident that we would be able to complete the task in 1 week’s time. Hence we used this time to a seamless and smooth transition for all our subscribers. We have ensured that choosing channels and packs is as easy as 1, 2, 3 for any subscriber,” the veteran executive said.

    On 29 January, Calcutta High Court stayed the cable switchover till 18 February. The court’s directive was a result of 80 cable operators from the city filing a petition against the TRAI mandate. However, the high court later vacated the stay.

    The petitioners’ lawyer Debabrata Saha Roy argued that the revenue-sharing model under the new regime will significantly reduce the cable operators’ share to just nine per cent. With 80% will go into the broadcasters’ kitty, MSOs stand to get just 11 per cent, thus making it an unsustainable business proposition for operators.

    In 2017, Bharti Telemedia, Tata Sky and Discovery Communication India had filed petitions against TRAI, challenging its tariff order and the interconnect regulations.

    Unlike the position adopted by Star India wherein it questioned the regulatory powers of TRAI, the matter in the Delhi HC questions the regulator’s power to wipe out deals that operators enter into to fix commissions and rates for customers.