ITV

Category: Regulators

  • Madras HC declines stay on TRAI tariff order

    Madras HC declines stay on TRAI tariff order

    MUMBAI: The Madras High court rejected the interim prayer plea in a petition filed by Chennai Metro Cable TV (CAS) Operators Association declining to stay the implementation of Telecom Regulatory Authority of India's (TRAI) tariff order. Justice S Vaidyanathan issued notice to TRAI as well as posted the matter to 3 January for further hearing.

    The cable TV association’s petition was against two notifications on the new regulations issued through media releases on 19 November and 18 December fixing December 29 as the deadline for implementing the new regime. They sought to quash the two notifications along with an interim stay on the implementation of the regulations.

    The regulatory body’s council submitted that the matter was already raised before the Supreme Court. Moreover, now TRAI itself has given additional one month for smooth transition allowing consumers to choose the plan till 31 January.

    The objections were first raised by a social activist after the first communication on 19 November, as submitted by the petitioner association. It claimed that TRAI, without considering the objections, passed the second release specifying the deadline.

    Under the new regime consumers have to choose channels and local cable operators will have to collect the required fees. The petition claimed this arrangement unworkable. It also claimed it would curtail the right of consumers to see all channels.

  • TRAI extends deadline for comments on TV audience measurement overhaul

    TRAI extends deadline for comments on TV audience measurement overhaul

    MUMBAI: Earlier this month Telecom Regulatory Authority of India(TRAI) came out with a public consultation on various facets of TV audience measurement and how the existing system could be made more robust. The regulatory body has now extended the deadline for receipt of comments and counter comments based on a request from stakeholders.

    The last date for receipt of written comments and counter-comments from the stakeholders has been extended to 2 February and 16 February respectively. At the time of the release of the consultation paper, the last dates were 2 January and 16 January.

    Television audience measurement in India continues to remain one of the key subjects that evoke reactions from stakeholders. Given that advertising expenditures are typically guided by such data and, in the wake of the matter being raised at various fora, TRAI came out with the consultation paper.

    Telecom Authority of India (TRAI)’s move gains importance as stakeholders during meetings with the regulator, leading up to the present consultation, had conveyed that the present measurement system, spearheaded by a joint industry body Broadcast Audience Research Council India (BARC India), has done a credible job till now, but additional improvements could be made, including making data collection more robust and finding ways to curb panel infiltrations leading to possible manipulations. More so as the industry has already invested in the present system over the past three years and it would be improper to try find alternate mechanisms at this juncture.

    Keeping such views in mind, TRAI has raised issues relating to RPD(return path data) and whether set-top-boxes deployed in the country were technically adept at catching such figures — initiatives that would add to data robustness. The specific questions asked is: What percentage of STB supports transferring viewership data through establishing a reverse path/connection from STB? What will be the additional cost if existing STBs without return path are upgraded?

    Asking whether regulatory tweaks were needed to reduce the impact of manipulation of measurement panels — an issue red-flagged by BARC India itself in an earlier consultation — TRAI has sought comments on the country-wide panel size and also the size of the individual panels in rural and urban areas.

    The consultation paper highlights several such issues, including if BARC India, the organisation presently doing audience measurement, has been able to accomplish its purpose.

    Industry observers said though the regulator may have raised pertinent issues, some of them could be answered by the stakeholders only if they decide to take a firm view on them. For example, TRAI asks whether the present sample size of bar-o-meters employed to collect data is adequate. The answer is, maybe no. But to increase the sample size, the stakeholders need to commit more financial investments and give BARC India the go-ahead — though annually some boxes are added to live up to promises made at the time Ministry of Information and Broadcasting green-lighted the BARC project.

    The TRAI paper also seeks inputs from the stakeholders regarding shareholding/ownership pattern of BARC India and whether its credibility and neutrality can be enhanced further, while highlighting various methods of collating such data in other countries, including the US, the UK and France.

    Some of the other issues highlighted in the TRAI paper are the following:

    # Is there a need to promote competition in television rating services to ensure transparency, neutrality and fairness to give TAM rating?

    # What regulatory initiatives/measures can be taken to make TV rating services more accurate and widely acceptable?

    # Is the current audience measurement technique used by BARC apposite?

    # Does broadcasting programmes that are out of their category or in different languages for some time during the telecast affect the TAM (TV audience measurement) rating? If so, what measures should be adopted to curb it?

    # Can TV rating, based on limited panel homes, be termed as truly representative?

    # What should be done to reduce the impact of manipulation of panel home data on overall TV ratings?

    # What should be the panel size both in urban and rural India to give true representation of audience?

    # What method/technology would help to rapidly increase the panel size for television audience measurement in India? What will be the commercial challenge in implementing such solutions?

    # Should DPOs be mandated to facilitate collection of viewership data electronically, subject to consent of subscribers to increase data collection points for better TRPs?

    # What percentage of STB supports transferring viewership data through establishing a reverse path/connection from STB? What will be the additional cost if existing STBs without return path are upgraded?

    # What method should be adopted for privacy of individual information and to keep the individual information anonymous?

    # What should be the level/granularity of information retrieved by the television audience measurement agency from the panel homes so that it does not violate principles of privacy?

    # What measures need to be taken to address the issue of panel tampering/infiltration?

    # Should BARC be permitted to provide raw level data to broadcasters? If yes, how secrecy of households, where the people meters are placed, can be maintained?

    BARC India, set up in 2015, is a joint venture amongst broadcast and advertising industry bodies IBF, AAAI, ISA with Indian Broadcasting Foundation or IBF being a majority shareholder. India’s public broadcaster Prasar Bharati also sits on the BARC India board. Apart from TV audience data, BARC India is also exploring rolling out similar figures for digital platforms.

  • TRAI extends deadline to 31 Jan for migration to new tariff regime

    TRAI extends deadline to 31 Jan for migration to new tariff regime

    MUMBAI: Stakeholders of India’s broadcast sector can now breathe a sigh of relief as the Telecom Regulatory Authority of India (TRAI) has extended the date of customer migration to the new tariff regime by a month to 31 January 2019.

    With 28 December, the initial deadline for the tariff order implementation neared, the DPOs in particular were highly concerned how the transition would pan out.

    Thanks to the decision, now DPOs can seek options from consumers till 31 January. Customers will be migrated as per their choice from 1 February.

    "We had a meeting of broadcasters, DTH operators, and MSOs today [Thursday]. Everyone confirmed their readiness to implement new regulations. However, they requested that some more time may be given to seek options from subscribers for smooth and interruption free migrations," TRAI secretary Sunil K Gupta was quoted as saying by a PTI report.

    The regulatory body may consider holding weekly review meetings with industry representatives to monitor the progress of the transition of TV viewers, a Hindu Business Line report stated. The report also added that the DPOs are likely to be asked to submit weekly reports on the number of subscribers who have migrated to the new subscription plans in accordance with the new tariff order.

    “It is definitely a step forward from the original plan. Once the bouquet prices are declared by DPOs, only then consumers can migrate to the new plan. These are all interlinked – broadcaster prices have come based on which the DPOs have to declare their prices, they need time for that. Once they (DPOs) declare, consumers need time for selecting a plan. So there needs to be a logical gap between the declaration of prices by broadcasters and then a gap for the DPOs to declare their prices and then time for consumers to choose also,” KCCL CEO Shaji Mathews told Indiantelevision.com

    Earlier this week, TRAI also squashed all rumours about a channel blackout on 29 December. TRAI asserted that it advised all broadcasters, DPOs and LCOs to ensure there is no disruption of TV services. TRAI also added then that it was working on a detailed migration plan for all subscribers.

    “It will help consumers and DPOs as well as broadcasters. This is not only required for DPOs, if there’s no time consumers will not choose new packages or channels which means there will be a blackout of channels and then broadcasters will suffer as DPOs will not be able to collect money. This is a step towards avoiding a blackout,” he added.

    The new tariff order will give the power of choice to the hand of consumers. While until now consumers only watch the channels offered by DPOs, the new order allows them to select their desired TV channels and pay accordingly. Currently, all the broadcasters have updated their channel and package pricing.

  • TRAI says no blackout of TV channels on 29 December

    TRAI says no blackout of TV channels on 29 December

    MUMBAI: Speculations have been rife about a complete blackout of TV channels on December 29 following the Supreme Court orders of implementing a new tariff regime, as the system allegedly is not ready for such a big move. Squashing all such rumours, regulator TRAI has asserted that it has advised all the broadcasters, DPOs, and LCOs to ensure there is no disruption of TV services.

    It says in the release, “The authority is seized of the matter and hereby advises that all broadcasters/DPOs/LCOs will ensure that any channel that a consumer is watching today is not discontinued on 29.12.2018. Hence, there will be no disruption of TV services due to implementation of the new regulatory framework.”

    The release further reads, “Keeping in view the interest of the subscribers and to enable a smooth transition, the authority is preparing a detailed migration plan for all the existing subscribers. The migration plan will provide ample opportunity to each and every subscriber for making informed choice. This will also enable service providers in carrying out the various activities as stipulated in the new regulatory framework in a time-bound manner.”

    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. As per the Supreme Court verdict of 30 October 2018, the service providers were advised to complete the preparation for migration to the new framework by 28 December 2018.

    Earlier, as well, TRAI had asked the broadcasters to work closely with all the service providers to ensure a hassle-free transformation, in the interest of the consumers.

  • Indian govt downgrades additional secy post at MIB

    Indian govt downgrades additional secy post at MIB

    NEW DELHI: In a debatable move, the government has “downgraded” the post of additional secretary at Ministry of Information and Broadcasting and shunted out the present official to another post, while bringing in another person who would hold a junior rank.

    In an official communication issued 20 December 2018, the government has stated that Atul K Tiwari was being appointed as joint secretary at MIB and would shift from an equivalent post he held at Ministry of Textiles.

    While, the government communication also listed reshuffle of several other civil servants, including upgradation of two officials, in the case of MIB it was specifically stated that the post of additional secretary at MIB was being downgraded and the present incumbent Jayashree Mukherjee would be posted elsewhere in the government.

    In effect, this means that joint secretary Tiwari would function as an additional secretary at MIB discharging duties similar to that being done by Mukherjee. An additional secretary’s post in a ministry is the second top bureaucratic post in that organisation.

    Tiwari joins MIB at a crucial time ahead of general elections sometimes in the first quarter of 2019. The ministry oversees the work of public broadcasters Doordarshan and All India Radio and government’s PR arm Press Information Bureau, apart from a host of other entities involved in the dissemination of public service messages and information about government programmes. MIB is also responsible for permissions given to TV channels, newspapers, magazines and similar media ventures and implementing regulations meant for the media sector.

  • TDSAT to hear Sony-Tata Sky audit case on 23 January

    TDSAT to hear Sony-Tata Sky audit case on 23 January

    MUMBAI: Accepting the joint plea made by Sony Pictures Networks India Pvt. Ltd. and Tata Sky Ltd, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has listed the hearing of the broadcasting petition filed by the former on 23 January 2019.

    SPN had sought an order allowing it to conduct an on-ground technical and commercial audit of Tata Sky’s systems in the month of October this year. It had also asked Tata Sky to cooperate in the audit process and ‘provide unhindered access’ to its systems, given that the latter had signed a RIO agreement in 2004 with Taj TV India Pvt. Ltd., which is now a part of SPN, conceding the right to hold audit in favor of the broadcaster.

    Tata Sky in response had claimed that the said regulations are not acceptable in the light of another RIO agreement that was executed between the parties on 29 September 2018 and became effective from 1 October 2018.  

    It had said that it is “not opposed to the holding of an audit by an independent auditor but it is opposed to applicant’s having unhindered access to many other information and data relating to products of other broadcasters”. It requested that an independent authority, such as BECIL, should conduct the audit and also objected to some clauses in the agreement on the ground that they will encroach upon its right to keep certain information confidential.

    In the previous hearing, on 27 November 2018, TDSAT had ordered both the parties to allow BECIL to conduct the audit at an early date, preferably within two weeks, in accordance with the requirement of regulation keeping the concern of SPN in view.

  • Respite for Tata Sky, Airtel Digital TV, Discovery as TRAI assures no action till 10 Jan

    Respite for Tata Sky, Airtel Digital TV, Discovery as TRAI assures no action till 10 Jan

    MUMBAI: Direct to home (DTH) operators  Tata Sky, Bharti Telemedia-owned Airtel Digital TV and Discovery Communication India were handed a breather on Wednesday after the Telecom Regulatory Authority of India (TRAI) assured the Delhi High Court that it will not take any action against the trio until January 10, which is when the matter is scheduled to be heard next.

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

    Irrespective of the respite, the regulator’s counsel argued that the DTH operators must implement the TRAI order and regulations.

    A source familiar with the matter added that Discovery 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.

    TRAI on Tuesday cautioned stakeholders against spreading  “concocted and fabricated facts” against its new tariff directive while releasing a list of TV channels along with their respective maximum retail prices as per information received from broadcasters.

    The TRAI statement insisted that the new tariff regime will bring about more transparency in the eco-system by “separating the network capacity fee and pay channel price” and added any “malpractice” from service providers will compel the regulator to intervene.

    Pointing out that a section of the broadcasting and cable industry was creating confusion by insinuating the new tariff regime will increase the monthly cost of consumers for watching television by making inaccurate comparisons, TRAI said comparisons were “skewed” and far from the “market discovered” prices of TV channels.

    Though the Pune Cable Operators Association a few days back said it’d move the Bombay High Court against TRAI’s new tariff regime as it could hurt LCOs’ earnings as also consumers, the regulator allayed such fears saying comparisons were not based on “reasoned analysis” and the standard interconnect agreements protected the revenue model of LCOs.

    The regulator also released the maximum retail price of 332 pay channels offered by broadcasters to subscribers.

    As per the  MRP list released by TRAI, NHK World Premium’s HD version is the costliest TV channel in the group at a stated price of Rs 1,800.

    Though most TV channels are running against time to meet the year-end deadline to disclose MRPs and also conclude signing of agreements with distributing platforms, the issue of tariff is unlikely to settle down soon as TRAI itself has filed a petition in the Supreme Court to get clarifications on the issue of 15 per cent cap on discounts on channel pricing. 

  • TRAI issues warning against spreading ‘fabricated’ facts on tariff

    TRAI issues warning against spreading ‘fabricated’ facts on tariff

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) on Tuesday cautioned stakeholders against spreading “concocted and fabricated facts” against its new tariff directive, while releasing a list of TV channels along with their respective maximum retail prices as per information received from broadcasters.

    The TRAI statement insisted that the new tariff regime will bring about more transparency in the eco-system by “separating the network capacity fee and pay channel price” and added any “malpractice” from service providers will compel the regulator to intervene.

    Pointing out that a section of the broadcasting and cable industry was creating confusion by insinuating the new tariff regime will increase the monthly cost of consumers for watching television by making inaccurate comparisons, TRAI said comparisons were “skewed” and far from the “market discovered” prices of TV channels.

    Though the Pune Cable Operators Association some days back said it’d move the Bombay High Court against TRAI’s new tariff regime as it could hurt LCOs’ earnings as also consumers, the regulator allayed such fears saying comparisons were not based on “reasoned analysis” and the standard interconnect agreements protected the revenue model of LCOs.

    Meanwhile, TRAI yesterday also released the maximum retail price of 332 pay channels offered by broadcasters to subscribers.

    As per the MRP list released by TRAI, NHK World Premium’s HD version is the costliest TV channel in the group at a stated price of Rs 1,800.

    Though most TV channels are running against time to meet the year-end deadline to disclose MRPs and also conclude signing of agreements with distributing platforms, the issue of tariff is unlikely to settle down soon as TRAI itself has filed a petition in the Supreme Court to get clarifications on the issue of 15 per cent cap on discounts on channel pricing.

    Star India on Monday was the latest one to announce the new a-la-carte prices for its TV channels and company MD Sanjay Gupta made it clear the organisation would adapt to any new pricing structure if necessitated by a future court ruling.

  • MIB to hold MSO conference on 18 December

    MIB to hold MSO conference on 18 December

    MUMBAI: Ministry of Information and Broadcasting (MIB), through Broadcast Engineering Consultants India Ltd (BECIL), is organising a conference of MSOs, the cable TV industry representatives, that will be held on 18 December in New Delhi. The discussions will pertain to several issues related to broadband services through cable TV networks.

    The aim is to discuss various issues as well as seek views of MSOs about feasibility, affordability, and ubiquity on the issue of broadband services through cable TV networks, infrastructure required for the same and modalities of payment and segregation of revenue earned for broadband activities.

    One of the major topics which will be in focus is the willingness of the operators to invest in the infrastructure required. The payment of 8 per cent adjusted gross revenue (AGR) as a fee to DoT, whether to be paid only on the broadband services or on overall revenue earned in respect of both the businesses will be also discussed. The need of creating a separate entity for broadband activities for segregation of the revenue earned on it will be also examined.

    As per the MIB release, the conference will see participation from major MSOs, MIB, DOT, TRAI and BECIL officials.

  • TDSAT gives 30 days to Tata Sky, IndiaCast to sign agreement

    TDSAT gives 30 days to Tata Sky, IndiaCast to sign agreement

    MUMBAI: Direct to home (DTH) operator Tata Sky and TV18-owned content distributor IndiaCast Media have got another 30 days from the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to enter into a content agreement under the ongoing legal spat between the two regarding a disconnection notice.

    TDSAT has ordered that the parties should enter into an agreement either on negotiated terms or on RIO terms within a further period of 30 days.  The interim orders passed earlier continue till next date.

    The matter has been posted under the same head on 22 January 2019.

    This is the second time that Tata Sky and IndiaCast Media have asked for an extension to decide on a content agreement from TDSAT. During the earlier hearing in October, the parties had asked for more time to settle on an agreement. TDSAT had given them an additional 30 days notice to settle the matter.

    Tata Sky had moved to TDSAT against the disconnection notice issued by IndiaCast, citing non-signing of the agreement, in September. The DTH operator had then sought an extension of the agreement, whose term had expired on 31 July, to be operative for a further period of three months.

    The tribunal had directed the parties to either arrive at a negotiated agreement otherwise they must enter into an RIO based agreement in accordance with the regulations.