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Category: TRAI

  • DPOs say broadcasters misusing TRAI tariff order with heavy discounts

    DPOs say broadcasters misusing TRAI tariff order with heavy discounts

    MUMBAI: Distribution platform operators (DPOs) believe that broadcasters have misused the flexibility available to them to give a discount on the sum of a-la-carte as high as 90 per cent. The operators have shared their views on Telecom Regulatory Authority of India's (TRAI) consultation paper (CP) on ‘Tariff related issues for Broadcasters and Cable services. The industry has also given mixed views over the implementation of the 15 per cent cap on discount for a-la-carte by broadcasters.

    TRAI had released the consultation paper seeking responses from stakeholders to review the new tariff regime on 16 August 2019. In its consultation paper, the authority informed that it has observed that broadcasters are offering bouquets at a discount of up to 70 per cent of the sum of a-la-carte rates of pay channels constituting those bouquets. “It indicates that in absence of any restriction on the discount on the offering of bouquets, broadcasters are making prices of a-la-carte channels illusory thereby impacting the a-la-carte choice of channels by consumers and giving huge discounts on bouquets to push even those channels which are not the choice of subscribers,” said TRAI.

    Tata Sky in its responses to TRAI expressed disappointment of not revisiting the entire new regime. It said, “We are glad that TRAI has finally acknowledged these misgivings, however, to our  disappointment, TRAI, instead  of conducting a  holistic exercise of revisiting the new regime in entirety has chosen to selectively focus only on  few issues thereby limiting the scope of the exercise.”

    “Having acknowledged the serious misgivings in the regulations, the current consultation is a piece-meal and isolated effort and not the appropriate way forward,” opined Tata Sky.

    It also suggested that TRAI should allow the price forbearance models at the wholesale and the retail level. Further, the channel pricing framework and methodologies should be left to the parties involved, allowing the market forces and negotiation between the parties to decide the same.

    Tata Sky also informed the authority that it is against implementation of any kind of cap overpricing. It suggested, “The DPO bouquet is much more subscriber-friendly as it caters to the needs of the subscriber for availing channels from multiple broadcasters within a pack rather than having to subscribe to multiple bouquets/ or channels.”

    However Bharati Telemedia, in its responses, said, “We are of the view that at this stage, no changes should be made to any of the provisions of the tariff order including the provision w.r.t discount on sum of a-la-carte channels forming part of bouquets offered either by the broadcaster or the DPOs. Any changes at this stage will be equivalent to migration and this may not be the ideal time to cause any interference as it will also lead to unnecessary disturbances and customer dissatisfaction.”

    DEN Networks said that some broadcasters are indulging in heavy discounting of bouquets by taking advantage of non-implementation of 15 per cent cap on discount which has created a non-level field vis-à-vis other broadcasters.

    DEN Networks also expressed that popular channels are being unnecessarily clubbed with non-popular channels to push their uptake. It said, “The broadcasters who have large number of channels in their repertoire, are engaging in a practice of forming large number of heavily discounted bouquets (with minor changes) to push popular channels with non-driver channels. It can be seen that the channels which were FTA before the implementation of the new regulatory framework have been converted into pay channels with the price range of Rs 0.10-0.50/- just to push them with in a bouquet with popular channels of the broadcaster.”

    The operator believes that the non-implementation of 15 per cent cap on discount clubbed with the ceiling of Rs 19/- on the price of MRP of a-la-carte channels forming part of such bouquets is responsible for pushing unwanted channels along with popular channels.

    All India Digital Cable Federation (AIDCF) in its responses to TRAI said, “The non-implementation of the said proviso has given leverage to the broadcasters to offer their bouquets at discount which is as high as 70 per cent of the sum of a-la-carte channels forming part of such bouquets. This flexibility of giving discounts without a cap, created a non-level playing field for the distributors because the bouquets were priced on a discriminatory basis.”

    Sharing similar views, AIDCF and GTPL Hathway said, “The flexibility available to broadcasters to give discount on sum of a-la-carte channels forming part of bouquets has been grossly misused by the broadcasters. The same has also been acknowledged by the authority. It is pertinent to mention that the broadcasters have not only offered huge discounts as high as 90 per cent on their bouquets but have also created confusion in the minds of consumers, by offering  numerous bouquet(s) comprising of few popular  and bulk of non-popular channel(s) with a clear intent to push their non-popular channels.”

  • Broadcasters want mandatory DD channels to be part of NCF base pack

    Broadcasters want mandatory DD channels to be part of NCF base pack

    MUMBAI: Prasar Bharati and other private broadcasters want the 25 DD mandatory channels to be part of 100 FTA channels permitted in the Network Capacity Fee of Rs 130. The public broadcaster is of the view that the channels notified by the central government should be made available to subscribers without any additional monetary burden on the subscribers.

    The public broadcaster has shared its comments only related to the question of whether 25 DD mandatory channels be over and above the One hundred channels permitted in the NCF of Rs 130 in Telecom Regulatory Authority of India (TRAI)’s consultation paper on tariff-related issue for broadcasting and cable services.

    Private broadcasters like Zee TV, Sony Entertainment Television, Discovery Communications, Times Network and IBF have shared similar views on the question raised by TRAI.

    TRAI had received several consumer complaints wherein consumers have shown concerns about the mandatory DD channels within one hundred channels. Consumers are of view that since NCF is prescribed to cater for 100 SD channels capacity, subscribers must be allowed the freedom to select 100 SD channels. Mandatory 25 channels of DD are an additional burden on the consumers. They are of the opinion that either customers should be given freedom not to choose any/all DD mandatory channels or these channels should be over and above the 100 channels selected by the subscriber.

    Therefore, the authority had asked the industry in its consultation, Whether 25 DD mandatory channels be over and above the One hundred channels permitted in the NCF of Rs. 130/-? To which Prasar Bharati commented that 25 channels notified by the central government should be available to all even if the subscribers is not able to renew its subscription still they should be able to avail public broadcasting services.

    It further said, “Since the STBs are not yet technically interoperable Prasar Bharati is of the view that in case a subscriber does not renew its subscription, the notified channel should continue to be available to such subscribers in order to benefit the subscribers to avail public broadcasting services. This will ensure dissemination of any information of national importance to the subscribers, whether his connection is active or not at that time. However, for such subscribers, any repair or maintenance charges towards customer premises equipment shall be payable by the subscriber as per rates prescribed by the operator. This will also help containing e-waste.”

    “These channels are primarily public service broadcasting channels intended to inform, educate and entertain the masses of India. In fact, the intent of the government, and rightly so, is to provide these channels of the public service broadcaster and channels of Lok Sabha and Rajya Sabha to the citizens of India, free of cost, through any possible means of licensed/authorised delivery mechanism. Therefore, it is necessary that, in provisioning of these channels by various DPOs to their subscribers, no condition should be prescribed by them which affects reachability of such channels to the masses,” it opined. 

    IBF said, “It should be a part of the 100 channels. In view of the aforesaid regulatory regime already existing, it is in the best of interest of the subscribers, the authority allows the system to grow at the current existing practices and then review after a period of two years.

    Discovery Communications said, “In our opinion, the system currently introduced and in place should be continued and tested for a longer period of time. There should not be any changes made in the NCF pack even before the new regime is fully implemented. In our view, TRAI should allow the current NCF pack to continue with 25 DD channels for at least 2 years before it starts reviewing the regime again. Therefore, in our opinion, the 25 mandatory DD channels should continue to be included in the 100 FTA channels permitted in the NCF of Rs 130.”

    Times network said, “The Doordarshan channels are important channels and they should be included in the basic tier. A consumer would not mind watching these channels/ having access to these channels or paying small amount of NCF charges for the same keeping the national interest in mind.”

    Zee TV also said that the 25 DD mandatory channels should be provided to each and every subscriber by the DPO within the initial 100 channels only.  

  • TRAI issues consultation paper discussing target market, placement issues between broadcasters, DPOs

    TRAI issues consultation paper discussing target market, placement issues between broadcasters, DPOs

    MUMBAI: The Telecom Regulatory authority of India (TRAI) released a consultation paper on ‘Issues related to Interconnection Regulation 2017'. The objective of the move is to consult all the stakeholders on issues related to target market, placement and other agreements between broadcasters and distributors.

    The authority has received representations from quite a few regional broadcasters highlighting their concerns regarding the declaration of the target market by distributors of television channels (DPOs). As the existing regulations provide freedom to DPOs to declare their target market for the purpose of ascertaining the carriage fee, some of the DPOs have declared multiple states (or entire country in some cases) as their target market.

    In this context, regional broadcasters are compelled to pay very high carriage fee. This has created a negative economic barrier for regional channels thereby limiting their presence on smaller distribution platforms as proposition to pay carriage fee for national market makes it unviable for such channels.

    Not only does this put undesired financial burden on regional broadcasters, it makes them prone to undue arm twisting by the distributors, as their subscription continues to remain lower than the minimum prescribed threshold of five percent (5 per cent ), which is the limit under which a DPO is not mandated to carry any channel.

    "Further, the placement agreement, marketing agreements or any other technical or commercial arrangements between broadcasters and distributors (apart from RIO-based agreements) are in forbearance. But now, quite a few complaints have been received from various broadcasters whereby it is being alleged that some DPOs are resorting to pushing for marketing/placement/promotion agreement, by exploiting the available forbearance,” TRAI said in a press release.

    Recently, Telecom Disputes Settlement and Appellate Tribunal (TDSAT) also recommended the authority to examine the issue. According to a TDSAT order dated 29 July, the main challenge appears to be the wisdom of the regulator in giving liberty to DTH operators to declare their target areas.

    Adhering to the orders, the authority had several meetings with each group of stakeholders in the industry including news broadcasters, broadcasters, DTH operators, MSOs and regional broadcasters to discuss their viewpoints and come forward with a balanced solution that is in the interest of both the concerned parties (DPOs and regional broadcasters).

    According to some of the broadcasters, the decision of declaration of target market should be left upon them as it is their channel and they should have the freedom to decide that which sector of the population will opt for their channels. Almost all the regional broadcasters want that the target market should only be their respective state or city or territory and they should not be asked to pay carriage fee for the entire universe (PAN India).

    However, DPOs have a different opinion. According to some of the distributors, the cost of infrastructure associated with running a channel is significant. In case the provision related to target market is altered to states, it will alter their revenue structure. According to them, any reduction in the revenue stream from carriage fee will result in additional subscription cost for the consumers. Moreover, any smaller target market will mean more and more broadcasters will achieve subscription threshold of 20 per cent. As soon as the subscription crosses the threshold, their carriage fee revenue will reduce to zero. As per extent provisions, a broadcaster is exempted from payment of any carriage fee if the monthly subscription of his channel in the target market exceeds 20 per cent.

    As per TRAI, MSOs declaring its target market as the area covered under a head end or any smaller area within the total area covered by a head end can be an alternative. Another option which has been highlighted as a possible altenative is linking carriage fee to cost of carrying a channel. In this option the cost of carrying a channel may be worked out and the amount of carriage fee that a broadcaster may be required to pay the distributor may be capped at that level.

    The highlighted questions are primary issues for consultation:

    1. Do you think that the flexibility of defining the target market is being misused by the distribution platform operators for determining carriage fee? Provide requisite details and facts           supported by documents/ data. If yes, please provide your comments on possible solution to address this issue?

    2. Should there be a cap on the amount of carriage fee that a broadcaster may be required to pay to a DPO? If yes, what should be the amount of this cap and the basis of arriving at the           same?

    3. How should cost of carrying a channel may be determined both for DTH platform and MSO platform? Please provide detailed justification and facts supported by documents/ data.

    4. Do you think that the right granted to the DPO to decline to carry a channel having a subscriber base less than 5 per cent in the, immediately preceding six months is likely to be misused? If yes, what can be done to prevent such misuse?

  • DPOs suggest changes to draft interconnection addressable regulations by TRAI

    DPOs suggest changes to draft interconnection addressable regulations by TRAI

    MUMBAI: Distribution platform operators (DPOs) have shared their comments to modify Telecom Regulatory Authority of India (TRAI)’s draft on The Telecommunication (Broadcasting And Cable) Services Interconnection (Addressable Systems) (Amendment) Regulations, 2019.  The industry has welcomed TRAI’s move to amend Schedule III of the regulation and believes that provisions related to watermarking, fingerprinting and digital rights management along with CAS and SMS is in right direction.

    AIDCF said, “It is submitted that the provisions relating to watermarking, fingerprinting and digital rights management along with CAS and SMS, is a step in the right direction and AIDCF wholeheartedly supports the same. With respect to amendments proposed to be introduced by TRAI in the schedule III of the Interconnection Amendment Regulations 2019, AIDCF stands in agreement with the same and supports TRAI in bringing about the amendments in the regulations.”

    However, Bharti Telemedia (Airtel), Tata Sky and GTPL recommended a few changes in the draft of interconnection addressable regulations.

    Airtel, with regard to Section C Clause 8 of the regulation, recommended that the capacity of the CAS and SMS should be linked to the volume of transactions rather than the subscriber base. The rationale for the same is that each subscriber can generate multiple volumes of transactions and hence, to handle these transactions of a single customer, the system is equally consumed and therefore, the correct assessment of the system capacity should be linked to the transaction count instead of subscriber base.

    It further commented “The subscriber base may not be the appropriate criteria to assess the capacity of CAS and SMS, more so, in the current framework when a single customer can generate more than one transaction in terms of activation/deactivation of channel, recharge etc. We, therefore, suggest that the criteria of 5 per cent should be measured in context to total volume of transactions.”

    The company in its comments to TRAI also raised concern over generating customised bills. It said, “We submit that the requirement of generation of bills is applicable for the post-paid services and we, therefore, suggest that clause must specify the same to avoid any confusion.”

    Similarly, Tata Sky also expressed that bill generation is a postpaid concept. DTH operators do not have a postpaid platform and are completely prepaid. “Therefore, it is suggested that a suitable clarification be inserted in the regulations as well as the audit manual to avoid any understanding gap between the DTH operators and the auditors,” said Tata Sky.

    Tata Sky also suggested, “The STBs and VCs are issued against a CAF to a subscriber and the subscriber's address is captured in our systems. Consequently, the auditor can check our systems on a random sample basis, however, we will not hand-over our entire database along with addresses to the auditor in compliance with this requirement. We would, therefore, suggest that a suitable clarification be inserted in the regulations as well as the audit manual to avoid any understanding gap between the DPO and the auditors.”

    The draft’s Clause 12(a) & 12(c) states that it is mandated that amongst other things SMS should also be capable of viewing and printing of historical data in terms of the activations and the deactivations of STBs and generating historical data of changes in the subscriptions for each subscriber and the corresponding source of requests made by the subscriber.

    GTPL on the same commented, “It has been observed in the past audits that the auditors have demanded generation of such historical data for all subscribers and from inception which has put undue stress on the systems of the distributors and the resultant inconvenience to the customers. It is suggested that the Authority limit the generation of historical data to reasonable percentage of the total as a sample size. We suggest a sample size of 5 per cent of the active sub base for platforms which have more than 5,00,000 average active subscribers while for platforms which have a lesser active subscriber base the sample size can be 25 per cent.”

  • Broadcasters address DRM, CAS hacking, fingerprinting concerns in TRAI’s draft addressable system regulations

    Broadcasters address DRM, CAS hacking, fingerprinting concerns in TRAI’s draft addressable system regulations

    MUMBAI: Broadcasters have shared their suggestions on TRAI’s draft “The Telecommunication (Broadcasting And Cable) Services Interconnection (Addressable Systems) (Amendment) Regulations, 2019. The industry welcomed TRAI’s decision to regulate Digital Rights Management Systems (DRM) and include it in Schedule III of the regulations. However, it has also suggested that the authority should add anti-piracy safety prerequisites and other technical features in DRM technology before providing signals to any distribution platform.

    Star India recommended TRAI that the distributor of television channels should ensure that the current version of the DRM in use, do not have any history of hacking. In the event that hacking of the DRM system is detected, such as, but not limited to cloning of STBs and/or VCs, the DRM vendor to be served a show cause notice as to why it should not be blacklisted with immediate effect. In the event of continued default beyond 7 days, the DPO shall be liable to pay 150 per cent of the preceding month’s billed amount.

    It further said, “The DPO should maintain DRM and SMS downtime records along with MTBF (Mean Time Between Failure) and MTTR (Mean Time To Restore) validated by CAS and SMS vendors.”

    Even Discovery suggested 21 prerequisites to be included in the amended regulations. It also said, “TRAI had undertaken a consultation process to prepare the audit manual wherein Discovery had submitted its comments / suggestion to the same. Some of the concerns raised by Discovery related to the efficient and seamless utilisation of an addressable system, and essential for an effective audit process. However, these have neither been discussed nor considered by TRAI. It would have been desirable in the interest of transparency, for TRAI to deal with these concerns of Discovery while bringing out the Draft Amendment.”

    The draft stated that the distributor of television channels should ensure that the current version of the CAS, in use, does not have any history of hacking. In addition to it, Indian Broadcasting Foundation (IBF) has suggested, “In the event hacking of the CAS system is detected, then the same should be intimated by CAS vendor to DPO and TRAI, and in-turn by DPO to all relevant broadcasters for impact assessment as well as remedial action with a copy to TRAI. Instance of hacking shall include but not limited to cloning of STBs and/or VCs.”

    TRAI also stated in its draft that the distributor of television channels shall ensure that it has systems, processes and controls in place to run finger printing at regular intervals.  Sharing its suggestion on fingerprinting, Discovery said, “We strongly feel that covert fingerprint is a vital tool to detect piracy on the ground. In absence of this tool, if by any chance finger printing is disabled or blocked by the entity involved in piracy, covert finger printing technology will be useful to detect the card number used by such entity for carrying on piracy, so that broadcasters can switch off the signals immediately. This is especially helpful during sports events or any live feed as during such events the level of piracy increases. Therefore, we strongly recommend enforcement of covert technologies.”

    Further it also recommended that TRAI should come up with a deadline for DPOs to replace their existing technologies/ STBs with covert fingerprinting technology. To curb piracy, the company recommended inclusion of a provision wherein it shall be mandatory for all the DPOs to upgrade the existing STBs with STBs supporting covert fingerprinting within a certain timeline as prescribed by TRAI.

    Sony Pictures Network also suggested, “The watermarking network logo for all pay channels shall be inserted at encoder end only. Provided that only the encoders deployed after coming into effect of these regulations shall support watermarking network logo for all pay channels at the encoder end. Further, provided that all the encoders deployed shall support watermarking network logo for all pay channels at the encoder end by sunset date of 1 July 2020.”

  • TRAI extends deadline for comments on consultation paper to review NTO

    TRAI extends deadline for comments on consultation paper to review NTO

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has extended the deadline for the receipt of comments and counter comments on Consultation Paper on "Tariff related issues for Broadcasting and Cable services" till 23 September and 7 October respectively.

    The Authority had issued a consultation paper on "Tariff related issues for Broadcasting and Cable services" on 16 August 2019 inviting written comments from the stakeholders by 16 September 2019 and counter-comments, if any, from the stakeholders by 30 September 2019.

    In its release TRAI said, “On request from the stakeholders, the last date for receipt of written comments and counter-comments, if any, from the stakeholders, has been extended up to 23 September 2019 and 7 October 2019 respectively. No requests for any further extension of time for submission of comments shall be entertained.”

    TRAI issued the consultation paper to discuss the issues that have come up post implementation of the new regime. The authority also had extensive interactions with stakeholders including consumers and consumer organisations, at various forums, wherein stakeholders have also raised certain issues such as variable NCF for different regions, NCF for multi TV home, discount on long term plan, DD channels as part of one hundred channels etc.

    TRAI has observed that too many bouquets are formed by the broadcasters/DPOs and many of them contain very similar set of channels, with very few changes. This, according to the sector regulator, is not only creating confusion among consumers but also becoming a hurdle in choosing the channels.

    With too many bouquets of broadcasters and DPOs, consumers get confused and as a result are forced to adopt some suggested packs of TV channels, killing the freedom given to consumers to choose desired TV channels, feels the sector regulator.

  • TRAI extends deadline for comments on draft Telecommunication Services Interconnection Regulations

    TRAI extends deadline for comments on draft Telecommunication Services Interconnection Regulations

    MUMBAI: Telecom Regulatory Authority of India has extended the last for receipt of written comment on its draft Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Amendment) Regulations, 2019 from 9 September to 16 September.

    The authority released the draft regulation on 27 August. TRAI has amended Schedule –III of its 2017 version. “During the consultation undertaken to prepare the audit manual certain comments and observations reflected some issues in the Schedule III of the Interconnection Regulations 2017,” said TRAI in its release.

    It further said, “Accordingly, a draft regulation related to amendment to schedule-III of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017, has been issued on the issues related to digital rights management systems, transactional capacity of CAS and SMS system, fingerprinting – support for overt and covert fingerprinting in STBs and watermarking network logo for all pay channels.”

    A consultation paper on “Interconnection framework for Broadcasting TV Services distributed through Addressable Systems” was issued by TRAI on 4 May 2016. This consultation process resulted in notification of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 (1 of 2017) dated 3 March 2017.

  • TRAI’s new regulation instructs broadcasters & distributors to file RIO

    TRAI’s new regulation instructs broadcasters & distributors to file RIO

    MUMBAI: According to the new regulation by Telecom Regulatory Authority of India (TRAI), broadcasters and distributors of television channels are required to file all the Reference Interconnect Offer (RIO). TRAI has recently issued the Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other matters Regulations, 2019 with an aim to promote transparency and non-discrimination in the Broadcasting sector

    “The primary objective of register of Interconnect regulations is to formulate the contours of a reporting system for the service providers so that they can report details of interconnection agreements including commercial details to the authority. It would enable the authority to maintain register of interconnect as per provisions of TRAI Act. Presently the Register of Interconnect Agreement (Broadcasting and Cable Services) Regulation, 2004 is in force,” said TRAI.

    To simplify the process, avoid duplication of reports, and formulate its view on various issues such as accessibility of information of register, the authority had issued a consultation paper on 'The Register of Interconnection Agreements (Broadcasting and Cable Services) Regulations, 2016' on 23 March 2016.

    Based on the comments received in the consultation process and analysis of the developments in the market pursuant to implementation of the new regulatory framework, draft Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements Regulations, 2019 was issued by TRAI on 22 April 2019. Comments received on this draft regulation were posted on TRAI's website. Subsequently, an Open House Discussion (OHD) was also held on 10 June 2019 in Delhi. Based on the comments received and analysis of the developments in the market pursuant to implementation of the new regulatory framework these regulations have been prepared.

    The objective of this regulation is to promote transparency and non-discrimination in the broadcasting sector. As per the new regulation, all the Reference Interconnect Offer (RIO) are required to be filed by every broadcaster and the distributor of television channels. Initially the distributor having average active subscriber base below one lakh have been exempted from the obligation of reporting details of interconnection agreements to promote ease of business and reducing regulatory burden on such MSOs with limited resources. The new regulation envisages online filing in electronic mode. The authority has specified that the new regulations will come in force in 120 days, except as regards submission of information related to compliance officer. The intervening period will enable the service provider to prepare for easy compliance.

    If any broadcaster or distributor fails to furnish the information or certificate or fails to verify the reported information, as required under regulation 3, by the due date, it shall, without prejudice to the terms and conditions of its license/permission/registration, or the act or rules or regulations or order made or direction issued thereunder, be liable to pay, by way of financial disincentive, an amount of rupees one thousand per day for default up to thirty days beyond the due date and an additional amount of rupees two thousand per day in case the default continues beyond thirty days from the due date, as the authority may, by order, direct.

    Provided that the financial disincentive levied by the authority under this sub regulation shall in no case exceed Rs 2 lakh.

  • TRAI releases register of interconnect regulations

    TRAI releases register of interconnect regulations

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has issued the Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other matters Regulations, 2019 to formulate the contours of a reporting system for the service providers.

    “The primary objective of register of interconnect regulations is to formulate the contours of a reporting system for the service providers so that they can report details of interconnection agreements including commercial details to the Authority. It would enable the authority to maintain register of interconnect as per provisions of TRAI Act,” a release from the authority read.

    TRAI issued a consultation paper on the issue back in 2016 to simplify the process, avoid duplication of reports, and formulate its view on various issues such as accessibility of information of register. Draft Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements Regulations, 2019 was issued by the authority in April 2019 on the back of the comments on the consultation paper and then an open house discussion was followed by that.

    As per the release, the objective of this regulation is to promote transparency and non discrimination in the broadcasting sector. As per the new regulation, all Reference Interconnect Offers (RIO) are required to be filed by every broadcaster and the distributor of television channels. Initially, the distributor having average active subscriber base below one lakh have been exempted from the obligation of reporting details of interconnection agreements to promote ease of business and reducing regulatory burden on such MSOs with limited resources.

    “The new regulation envisages online filing in electronic mode. The authority has specified that the new regulations will come in force in 120 days, except as regards submission of information related to compliance officer. The intervening period will enable the service provider to prepare for easy compliance,” TRAI added in the release.

  • Discovery Communications questions transparency, objectivity of recent TRAI consultation paper

    Discovery Communications questions transparency, objectivity of recent TRAI consultation paper

    MUMBAI: Discovery Communications India along with others filed a petition against the Telecom Regulatory Authority of India (TRAI) in the Delhi High Court for quashing the consultation paper floated on tariff-related issues for broadcasting and cable services.

    “The petitioner submits that the impugned consultation paper is marred by judicial impropriety in as much as the impugned consultation paper fails to conform to the fundamental tenets of transparency and objectivity, by proceeding with a pre-determined notion that channel broadcasters have distorted the broadcasting market and consumer choice through perverse pricing and deep discounting, and have therefore called for suggestions on the ways and means to remedy the situation,” it said.

    “Being aggrieved by the pre-conceived and pre-determined approach of the respondent that is writ large on the face of the impugned consultation paper, the petitioners are constrained to approach this Hon'ble Court under its extraordinary writ jurisdiction to challenge the validity and legality of the process initiated under the Impugned consultation paper by the respondent, which clearly lacks objectivity, transparency and fairness of approach,” it added.

    One of the basic grounds for the petition is that the process of consultation is flawed as well as lacks objectivity. It has also been said that the consultation paper on the new tariff order issued by the respondent demonstrates a pre-determined approach of TRAI with respect to the broadcasters, which defeats the very purpose of such consultation. The petitioner has also submitted that the consultation paper contains serious allegations against the broadcaster.

    It has also been claimed that the consultation paper lacks objectivity, transparency and fairness in approach while 'transparency' is the basis of any consultation process. Hence, the impugned consultation paper fails to conform to the fundamental tenets of transparency and objectivity by asking leading questions in a public consultation exercise.

    “It is submitted that the respondent has vitiated the process of consultation by issuing leading questions along with conclusive statements making allegations against the petitioner. The petitioner submits that the respondent has approached with a close-mind at the stage of consultation process itself,” the petitioners said in the petition.

    Moreover, it also states that the consultation paper has the effect of interfering with the right of the broadcasters with reference to the manner in which, they would want to offer their product in bouquets and to such extent it is a direct infringement with the content of the broadcaster.