Category: Regulators

  • TRAI reminds consumers they can pick a-la-carte channels

    TRAI reminds consumers they can pick a-la-carte channels

    MUMBAI: In its latest missive the Telecom Regulatory Authority of India (TRAI) has taken note that broadcasters are only advertising bouquets of their channels and not informing customers about a-la-carte options. As per the new regulatory framework, consumers must be given the choice of picking individual channels too.

    “Now it has been noticed that several broadcasters are advertising their channels in the form of bouquets only. However customer may note that they have option to choose channels on a-la-carte also,” TRAI said in the release.

    It went on to state, “Consumer has complete freedom to choose their desired 100 standard definition (SD) channels within the network capacity fee of maximum Rs 130. The desired channels could be in a-Ia-carte free to air channels or pay channels or bouquet of pay channels or any combination thereof. The choice completely rests with the consumers.”

    TRAI has also mentioned that the maximum retail price (MRP) of a channel on a-la-carte can be viewed in the Electronic Programme Guide (EPG) or Menu of the TV screens of customers. However, Distribution Platform Operators (DPO) such as cable operators, DTH operators may provide discount on the MRP.

    For informing consumer properly, DPOs have been requested to run Consumer Information channel preferably on channel number 999 wherein consumer-related information including the prices of channels on a-la-carte and bouquets are made available.

    LCOs, MSOs, DTH operators are coming up with various options to consumers so that they can exercise their choice conveniently. LCOs can be reached by personal contact while the option of calling on call centre number is also available for many DPOs. Along with the website facility, many DPOs are also providing the option of apps.

    It once again reminded subscribers to make their picks in advance to avoid last minute hassles.

  • TRAI tariff order: Topline projections for broadcasters, MSOs

    TRAI tariff order: Topline projections for broadcasters, MSOs

    MUMBAI: In what is probably the acting collaboration of the year, Aamir Khan teamed up with Pankaj Tripathi for an infomercial for broadcasting behemoth Star. The 1 minute 22-second video, available both on TV and digital platforms, is an ad for Star’s new bouquet of channels, with the tagline“#Sachmein?”.Created to take the new TRAI tariff order ruling head-on, the ad seems to sum up the urgency broadcasters must be feeling to be ahead of the curve on this issue.

    The ad also starkly displays customers being at the mercy of cable and DTH providers for a fair offer. The new tariff order, however, will change this by favouring consumer choice and bringing in transparency, equitable distribution and parity. That the broadcaster had to call out the big guns (Khan, Tripathi) to make their point is a fair reflection of how seriously they expect the TRAI order to affect the television industry. And, all things considered, this might be the next revolution in the industry, one that will put consumers firmly at the centre of the ecosystem.

    The background

    In the past, negotiation took place between the rates channels agreed upon with the DPO and those that reached the consumers. The customers were never clear how much they were paying for which channels. Now, broadcasters will be creating fair bouquets, which the distributors have to package attractively in order for customers to subscribe to them.

    What the tariff order is all about:

    ·         All channels are offered on an a-la-carte basis.

    ·         Channels must be declared as pay channels or FTA-free to air channels and cannot be mixed in a single bouquet.

    ·         Distributors have to offer a base pack consisting 100 FTA channels in which 26 channels from Doordarshan are mandatory.

    ·         A bouquet of pay channels cannot contain a pay channel exceeding MRP Rs19.

    ·         The prices of bouquets and a-la-carte channels will be uniform across distribution platforms. No regional pricing is allowed.

    All stakeholders will finally be at par

    1. For the broadcaster: An obstacle to be worked around

    The broadcaster will now have to announce the MRP of each channel individually and set reasonable a la carte prices.

    They have to decide how much they can corner from advertising, subscription revenue and engage in intelligent pricing. They are even allowed to indulge in promotional pricing twice a year for up to 180 days in total. For broadcasters, opportunities need to be identified within the given framework. Those displaying good content will benefit while those used to bundling channels with no demand will take a hit.

    Our research shows that broadcasters may take a substantial hit, but strictly only in an ideal a la carte scenario. If we accept the ideal scenario, the Chrome Content Consumption Index shows that consumers will choose, on a national average, six pay channels. So apart from the basic cost of Network Capacity Fee (Rs 130), plus one flagship channel (~Rs 19) and five secondary channels (5*Rs 3), the new ARPUs stand at Rs 164, down from the current average of Rs 208.

    However, this needs to be tempered by the fact that most consumers will go for bouquets instead of ordering a la carte channels, largely due to the ease of ordering in one go, and if this is the case, the numbers need to be reworked. Broadcasters will sell their first bouquet for Rs 49 (led by driver/mass entertainment channel), the second for Rs 25 (led by a secondary driver/mass entertainment channel) and the 4 remaining channels (4*Rs 3), which will together amount to 86 rupees. In addition to the existing network capacity fee of Rs 130, the new ARPU is placed at Rs 216, an increase in the current ARPUs.

    Over the next few months, how it plays out, remains to be seen.

    2. Distributors and last mile operators (LMOs)

    Broadcasters will now be directly linked to end consumers and the intermediaries have the most to lose. In the past, they used to gain out of leakages and from money, which was not accountable. With the tariff order bringing in transparency, money can be tracked and the government will receive its due taxes.

    On the other hand, broadcasters will no longer coerce the distributors either. Rather than fixed deals between the two, which occurred in the past, the order will bring in objective, transparent deals based on content. They will now be able to create bouquets from different broadcasters at prices declared by them and can incentivise customers to purchase the same.

    Distributors and LMOs have to sign an agreement for revenue sharing on a mutually agreeable percentage share. If they both do not reach an agreement then recommended revenue share will be distributor at 55 per cent and LMO at 45 per cent.

    3. The audience: empowering consumers across the nation

    The belief is that the customer is the same everywhere.

    Overall prices are to be brought down through transparency of the pricing structure. The unfair advantage held by broadcasters will finally be dismantled as the consumers gain freedom to cherry pick their content and pay for the same. Not only is the price of each channel known, but viewers can also pro-actively, economically choose content from a wide range of choices. 

    What remains to be seen…

    Many have hailed the new regime as the right way forward where service providers and consumer interests are balanced. A fair deal is negotiated between broadcasters, distributors and the consumers as per the tariff regulations. However, its successful implementation remains to be seen and operational difficulties are being predicted.

    In terms of advertising, that second revenue pillar of broadcasting, the new order should render sampling quite obsolete, especially with more than 50,000 variations in packages. This will be the time when distribution data will become ‘oil’ for the industry. Channel availability, and not sampling, will drive media buying in the short to middle term.

    Industry topline projections

     The conclusion

    In the end, this is a much-needed step in the right direction, although the ideal scenario of 100 per cent a-la-carte channels might still be an improbability. The tariff order promotes transparency, empowers the audience, and plugs the revenue leakages, thereby increasing accountability of the key industry stakeholders. 

    (The author is chief executive officer and co-founder, Chrome DM. The views expressed here are his own and Indiantelevision.com may not subscribe to them) 

  • Tata Sky vs TRAI: Delhi High Court lists matter for 15 January, asks regulator to produce documents

    Tata Sky vs TRAI: Delhi High Court lists matter for 15 January, asks regulator to produce documents

    MUMBAI: Tata Sky got a breather from the Delhi High Court today as the Telecom Regulatory Authority of India (TRAI) assured that it will not take any coercive action against the direct to home (DTH) operator until 15 January, which is when the matter will be heard next.

    Bharti Telemedia-owned Airtel Digital TV and Discovery Communication India, petitioners in the matter, too were handed a respite.

    Interestingly, another leading DTH operator Sun Direct impleaded itself in the matter.

    Kapil Sibal impressed upon the judges to ask TRAI to produce all documents on how it arrived at the decision to implement the new tariff regime. He also stated that implementing the present order will have an adverse impact on business.

    The TRAI lawyer countered saying that while Tata Sky feels aggrieved, a big  DTH operator like Dish TV and all the MSOs seem satisfied and have complied with the new tariff framework.

    Sibal went on to explain how the new tariff order is going to be cumbersome for subscribers to exercise their so-called options.

    The court has now asked the regulator to file the documents and the data based on which the new regime is based. 

    Tata Sky is unlikely to upload its RIO for now unlike Discovery, which has already published the same on its website.

    Discovery, however, has complied with TRAI’s tariff order and regulations under protest.

    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 on the regulator’s power to wipe out deals that operators enter into to fix commissions and rates for customers.

    While the fate of the two DTH operators hangs in the balance in this matter, all other distribution platform operators (DPOs) continue to be bound by the tariff order.

  • MIB hikes ad rates for print media by 25%

    MIB hikes ad rates for print media by 25%

    MUMBAI: The Ministry of Information and Broadcasting (MIB) has taken a decision to revise the advertisement rates for print media by announcing a hike of 25 per cent over and above the existing rate structure for advertisement in print media by the Bureau of Outreach and Communication (erstwhile DAVP). The decision will be valid for a period of three years, i.e. until January 2022.                                               

    The last such revision had taken place in 2013 when an increase of 19 per cent had been announced over and above the rates of 2010.

    This decision has been taken based on the recommendations of the 8th Rate Structure Committee constituted by the MIB which took into account several factors, including the increase in the price of newsprint, processing charges and other factors which go into the computation of advertisement rates.

    The ministry states that the decision will be of great benefit especially to the medium and small newspapers including a large number of such papers in regional and vernacular languages.

  • TRAI says no postponement of tariff order implementation in fresh clarification

    TRAI says no postponement of tariff order implementation in fresh clarification

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has clarified that it won't be giving any more extensions to the implementation of the new tariff regime beyond the deadline of 31 January. It has given an additional month for customer migration to new tariff regime after which there have been speculations that the authority may be further postponing or stopping or revising the rule. Quashing rumours, TRAI has issued a press release and clarified that the new framework has come into effect on 29 December itself.

    TRAI also states that  it has been monitoring the progress in regards to availability of consumer corner, choices to the consumers, provision of consumers care channel, percentage of consumers whose choice has been obtained etc. on day to day basis. It even noted that almost all the service providers have started providing consumer care channel on channel number 999.

    The authority further added that the schedule of activities has been properly communicated to all the service providers for reaching out to the consumers and obtaining choices. In addition to that, TRAI is conducting review meetings regularly to monitor the progress.

    TRAI has again advised all the service providers to strictly observe the timelines as provided in the migration plan.

    It has also asked subscribers to exercise their options without waiting for the last minute to avoid any inconvenience and to ensure that they continue to view their favourite channels.

    As the date for implementation of tariff order was nearing, stakeholders were highly concerned how the transition would pan out for consumers. Bringing relief to them, TRAI gave time till 31 January for consumers to opt for channels of their choice under the new regime. Customers will be migrated to new plans as per their choice from 1 February.

    Earlier there were speculations about a complete blackout of TV channels in December as the system allegedly is not ready for such a big move. Then too TRAI asserted in a release that it has advised all the broadcasters, DPOs, and LCOs to ensure there is no disruption of TV services.

    Left with less than one month in hand, DPOs have also started updating new channel prices and packages on their websites to inform consumers. Many large MSOs like Hathway, DEN Networks, Siti Cable have come up with "suggestive packs" bundling the popular channel of all major broadcasters.

    As per TRAI, the new tariff order will give consumers the power to choose and will also lower the prices for TV channels. This new framework allows them to select and pick channels that they like to watch and pay accordingly. It also requires the TV broadcasters to disclose maximum retail price (MRP) of their respective channels and also of the channel bouquets.

  • MIB proposes amendment to Cinematograph Act to combat piracy

    MIB proposes amendment to Cinematograph Act to combat piracy

    MUMBAI: No online content is free of the hassle of battling piracy in India. The multi-million dollar film industry is arguably the most affected by piracy. Therefore, the Ministry of Information and Broadcasting feels a necessity to have an enabling provision in the Cinematograph Act, 1952.

    In a press release, MIB has proposed for the introduction of the Cinematograph Act (Amendment) Bill for the inclusion of a new sub-section (4) of section 7 of the act while penalties for contravention of provisions for certification of films for public exhibition are given under section 7.

    MIB has also sought comments from the general public on the amendment by 2 February 2019. Comments can be submitted via email and in exceptional cases, submissions by post will be accepted.

    The new sub section has been proposed with the following text:

    “Notwithstanding any law for the time being in force including any provision of the Copyright Act, 1957, any person who, during the exhibition of an audiovisual work, cinematographic in an exhibition facility used to exhibit cinematograph films or audiovisual recordings and without the written authorisation of the copyright owner, uses any audiovisual recording device to knowingly make or transmit or attempt to make or transmit or abet the making or transmission of a copy or visual recording or sound recording embodying a cinematograph film or audiovisual recording or any part thereof or a copy of sound recording accompanying such cinematograph film or audiovisual recording or any part thereof during subsistence of copyright in such cinematograph film or sound recording, shall be punishable with imprisonment not exceeding three years and shall also be liable to fine not exceeding Rs.10 Lakhs, or to a term of imprisonment for a term not exceeding three years or both.”

  • MIB yet to finalise new DTH policy; interim extensions granted

    MIB yet to finalise new DTH policy; interim extensions granted

    MUMBAI: Direct-to-home (DTH) operators of India will have to wait a while if they were expecting something from the Ministry of Information and Broadcasting (MIB) regarding new DTH policy guidelines. In response to a question in the Parliament, Minister of State for MIB Rajyavardhan Rathore said that the government hasn’t yet finalised the new DTH policy.

    Rathore also added that the licenses of those DTH operators whose interim renewals were getting expired on 31 December 2018 have already been granted interim extension up to 30 June 2019.

    Last year TRAI had reiterated its recommendations to the Ministry on new licensing conditions for DTH players. The regulatory body had recommended that licences be issued for a period of 20 years and thereafter should be renewed every 10 years.

    Earlier it was reported that MIB was looking to send the new DTH policy for Cabinet approval by the end of 2018.

    The decades old DTH policy is being updated keeping the present scenario in mind, including fast changing technology and a slowing economy. Last month, MIB Secretary Amit Khare said that some sops would be handed to the DTH operators. However, he refused to comment on whether those sops would include financial rationalisation too like slashing of the annual revenue sharing with the government that is calculated at the rate of 10 per cent.

    In the past, the DTH industry has demanded, among other things, cut in annual revenue share percentage to 6-8 per cent and other financial adjustments (like removal of content acquisition cost and an adjusted gross revenue) while calculating gross revenues.

    Jawahar Goel, managing director of India’s biggest DTH operator (in terms of subscribers) Dish TV had written to policy-makers in October highlighting once again the industry’s woes and pleading for rationalisation of costs and taxes.

  • Digitisation has increased M&E revenue: MIB’s Rathore

    Digitisation has increased M&E revenue: MIB’s Rathore

    MUMBAI: The Ministry of Information and Broadcasting (MIB) is patting its back for the digitisation success in India. Minister of State for MIB Rajyavardhan Rathore endorsed the growth of the media and entertainment industry and the benefits of digitisation.

    In response to a question raised in the Lok Sabha, he said that digitisation has led to enhanced revenue generation in the industry as it enhanced benefits to consumers as well as transparency in the subscriber base. The government passed the Cable Television Networks (Regulation) Amendment Act in December 2011 for digitisation of cable television networks in a phased manner.

    He also added “Digitisation enables efficient utilisation of the spectrum bandwidth and enhances the capacity to carry channels on the cable. The consumers get a wider choice of channels, improved quality of content and added services and the states benefit from lowered incidence of evasion of taxes. Cable TV digitisation has also given a boost to the indigenous manufacturing of set top boxes (STBs) and it also results in skill development & employment generation in digital environment."

    Rathore cited the Federation of Indian Chambers of Commerce & Industry (FICCI) report which estimated the growth of the industry at Rs 1660 billion in 2018 from Rs 1473 billion in 2017, while the figure stood at Rs 1026 billion in 2014.  

    Indian M&E sector has not only seen investments from foreign behemoths only but from large domestic conglomerates. In addition to that, the current digital wave is boosting the growth faster.

  • DPOs say TRAI tariff order lacks value without 15% bouquet discount cap

    DPOs say TRAI tariff order lacks value without 15% bouquet discount cap

    MUMBAI: With TRAI’s petition seeking clarity on the 15 per cent bouquet discount cap being dismissed as withdrawn in the Supreme Court, distribution platform operators (DPOs) are of the opinion that the entire value chain is now bound to function like it did before the new tariff order came into existence.

    Last month, the regulator had filed a petition in the top court on the issue of 15 per cent cap on discount on a bouquet price of TV channels to consumers that had been set aside by Madras High Court while upholding TRAI’s right to regulate the broadcast sector.

    Highlighting the delay, the Supreme Court was of the opinion that the TRAI should have sought clarification on the clause while arguments were being presented in the matter last year.

    With the court’s latest act, CEO of the Chandigarh-headquartered MSO Fastway Peeush Mahajan believes that the DPOs will not be in a position to package their product, thereby being reduced to just passing on to consumers the offerings broadcasters have prepared.

    “Basically what I’m seeing is, we are back to stage one. 15 per cent clause, as per me, is the gist of the entire tariff order. With 15 per cent gone, there will now be predatory pricing. Broadcasters will keep the rates higher for a-la-carte channels and give a discount of 50-60 per cent on the bouquets,” Mahajan told Indiantelevision.com.

    Maharashtra Cable Operators’ Federation (MCoF) committee member Asif Syed concurs with Mahajan. According to him, the 15 per cent clause was in the interest of consumers as well as the MSOs.

    “If the capping is not allowed now, the problem would be MSOs won't be able to bundle all the packages. If someone wants to watch a Marathi GEC, right now there is no option wherein you can get Star Pravah and Zee Marathi in the same package. MSOs could have done that had there been a 15 per cent cap. We won't market the pay channels. Since we are not getting a good share why should we help the broadcasters? Let them advertise, let them do the hard work. There would be resistance from our side,” Syed further added.

    The DPOs point out that the problem with the pre tariff order period was that the a-la-carte pricing was very high and bouquet pricing was extremely low. In a sense, that’s the direction the industry will now be headed in.

    “As on today, we basically have an LCO and subscriber contact programme where we are reaching to the LCOs and they are further reaching the subscribers. Now there is a big resistance from the cable operators, so let’s see how this will shape up. We are trying to convince the cable operators that we have to implement the order but the actual number of consumers registered by the LCOs is unknown,” Mahajan stated.

    While the regulator failed to get a written assurance on whether the court would entertain similar pleas in the future, there’s little doubt of it seeking further amendments to the order going forward.

    “To my understanding, TRAI has withdrawn the petition. In my belief, TRAI will definitely take steps to bring about whatever amendments are required in the tariff order so that it meets the objectives. In the meanwhile, it would be better if broadcasters review their negative approach and make it friendly to consumers as well as DPOs,” Kerala Communicators Cable Limited (KCCL) CEO Shaji Mathews highlighted.

    A section of the DPOs believes that broadcasters have acted, by adopting an unrealistic pricing model, against the spirit of the TRAI order. This, they feel, has been done in order to pressurise TRAI as well as DPOs. The regulator’s objective was to ensure that rates are realistic. Broadcasters not adhering to realistic pricing models amounts to deliberately defeating the purpose of the tariff order, says an MSO CEO who did not wish to be quoted.

    The TRAI is now set to meet major MSOs and broadcasters to discuss the implementation of the tariff order on 4 January. That is when there will be further clarity on what lies ahead for the entire content distribution value chain.

  • TRAI’s SLP on 15% bouquet discount cap dismissed as withdrawn in SC

    TRAI’s SLP on 15% bouquet discount cap dismissed as withdrawn in SC

    MUMBAI: The special leave petition (SLP) filed by the Telecom Regulatory Authority of India seeking clarifications on the 15 per cent bouquet discount cap last month was today dismissed as withdrawn in the Supreme Court.

    Pointing to the delay, the court was of the opinion that the clarification should have been sought while the matter was being argued.

    The regulator also failed to obtain a written assurance from the court on the possibility of the latter entertaining similar clarifications in the future. 

    Last month, the regulator had filed a petition in the top court on the issue of 15 per cent cap on discount on a bouquet price of TV channels to consumers that had been set aside by Madras High Court while upholding TRAI’s right to regulate the broadcast sector.

    On a matter that’s complicated, TRAI’s petition, in layman’s language, exhorts the Supreme Court to set aside that portion of the high court judgment that frowns on the 15 per cent cap on discounts on bouquet prices of TV channels.  

    The Madras High Court, while upholding most of the TRAI tariff order — issued middle of 2016 and challenged by Star India and Vijay TV later that year on grounds of overstepping of jurisdiction — had struck down as arbitrary almost 18 months later the 15 per cent cap on bouquet prices.

    With the case finally disposed of by the Supreme Court earlier this year, upholding the high court’s views, TRAI had issued a notification stating that India’s broadcast and cable industry stakeholders implement its tariff regime in phases and report on compliance.