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Category: TRAI

  • TRAI issued notice on appeal by consumer body seeking proper regulation of ads on channels

    TRAI issued notice on appeal by consumer body seeking proper regulation of ads on channels

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has issued a notice to the Telecom Regulatory Authority of India (TRAI) on a petition by a consumers body demanding the proper regulation of advertisements on cable and satellite television channels.

    TDSAT said yesterday that it will hear the appeal after other related matters such as the appeal by the News Broadcasters Association have been heard.

    Consumer group MediawatchIndia had approached TDSAT with an appeal that had sought to ‘remind TRAI of its statutory responsibility to check the illegal and unfair practices of television broadcasters who had been indulging in ‘part-screen’ and ‘high-decibel’ ads.’

     

    The consumer group has complained that commercials played during programmes have a higher decibel level than the programme they are interrupting. Commercials as well as promotions of other shows keep appearing on the screen in the middle of the programmes thus distracting the viewer.

    Mediawatch in its appeal sought to “challenge the abrupt, unilateral and mala fide act of TRAI in omitting sub-regulations 3(5) & 3(6) Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations 2012 that deals with “distracting formats of advertisements (part-screen and drop down ads, scrolls etc. interfering the main programme)” and “loud commercials (high audio levels of advertisements vis-?-vis that of programme).”

  • TRAI gives MSOs another CAF extension till December end

    TRAI gives MSOs another CAF extension till December end

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has again shown forbearance towards multi-system operators (MSOs). The regulator has given another extension to the MSOs and asked them to submit 100 per cent consumer application forms (CAFs) by December end along with the compliance report. The regulator met the five national MSOs and a few state players today in New Delhi to get an update on the situation of DAS phase I and II cities.

    “TRAI has given us the extension looking at our performance since the last meeting held on 29 November. While we had achieved only 45 per cent CAF in DAS phase II areas when we met last, this time the figure stands at 65-70 per cent,” says one of the MSO who attended the meeting.

     The MSOs are confident of achieving the figure by the month end. “If TRAI continues its pressure and resolves to take some action against those not complying, I am sure we can achieve 100 per cent figure,” he says.

    Acknowledging the issues in Hyderabad, TRAI has shown leniency towards the city. “The 100 per cent CAF doesn’t include Hyderabad,” says the MSO.

    Apart from representatives of the five national MSOs, the others that attended the meeting chaired by TRAI principal advisor N. Parameswaran included: Manthan from Kolkata and Ranchi, UCN from Nagpur and MSOs from Vishakapatnam and Gujarat among others.

    The TRAI also reviewed the gross billing status in the DAS phase I cities. The MSOs had to start billing from December. “The subscribers need to get the bills as per their package plan from December.  The regulator has said that either the local cable operators (LCOs) or MSOs can bill the subscribers and has asked us to send the compliance report by 31 December,” informs the MSO.
    That apart, the MSOs in Kolkata and Delhi have decided to join hands and educate the consumers on gross billing. “While seven players in Kolkata will publish ads in leading newspapers in Kolkata, approximately three MSOs in Delhi have decided to come together for the print campaign,” he adds.

  • TRAI-MSO to meet on 16 Dec to assess CAF

    TRAI-MSO to meet on 16 Dec to assess CAF

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has called for a national multi-system operator (MSO) meeting on Monday, 16 December. The meeting has been called to assess the report on collection of consumer application forms (CAFs) in the 38 cities falling in Digital Addressable System (DAS) phase II. 

    Earlier, on 29 November, TRAI had met all the MSOs and had set 15 December as the deadline for submitting 100 per cent CAFs.

    We had to submit the CAFs, including subscriber details and package details by 15 December. TRAI has called for the meeting to assess the situation says SN Sharma

    “We had to submit the CAFs, including subscriber details and package details by 15 December. TRAI has called for the meeting to assess the situation. It is a follow-up of the meeting we had earlier with the regulator,” says DEN Networks CEO SN Sharma.

     The regulator has called for the meeting to review the progress made in the DAS phase II areas. “Though in the last meeting, we had asked for a one month extension to complete CAF, the regulator had given clear directions to complete CAFs in the specified period of 15 days,” adds Hathway Cable & Datacom MD and CEO Jagdish Kumar G. Pillai.

    The MSOs are struggling to meet the deadline. “Our national average for CAF is around 65 per cent. While in a few areas we have achieved 90 per cent CAF, there are also areas like Hyderabad where we have still not collected any CAF,” informs Pillai, who thinks that the collection can improve only if the Information & Broadcast Ministry announces Greater Hyderabad Municipal Corporation (GHMC) as DAS area.

    In the meeting held on 29 November, it was revealed that Gujarat Telelink Pvt Ltd (GTPL) is lagging behind in areas like Vizag and Solapur, Hathway is far behind in Vizag and Hyderabad and Den Networks had a low CAF collection in Uttar Pradesh. “We have achieved 80 per cent CAF in Gujarat, while catching up in other areas,” informs GTPL COO Shaji Mathews.

    Though in the last meeting, we had asked for a one month extension to complete CAF, the regulator had given clear directions to complete CAFs in the specified period of 15 days, says Jagdish Kumar Pillai

    The court cases related to the digitisation process that were on till quite some time in states like Madhya Pradesh, Andhra Pradesh and Gujarat have acted as a hindrance to smooth CAF collection, think the MSOs. “Digitisation in Vizag began only in September, so it will take more time for the MSOs to submit 100 per cent CAF there. Also, we are facing issues in Gujarat,” adds Mathews.

    The Gujarat Cable Operators Association has moved to the Gujarat High Court against TRAI and the case is pending in the court. “We will have to see if the TRAI gives us reprieve for customers who fall under these cable operators. If it doesn’t, then we may have to switch off signals, which will then be against court order. The situation is tricky in Gujarat and we are waiting for what the regulator has to say in the meeting,” says Mathews.

    We will have to wait and watch if TRAI comes up with another extension or penal action for non-compliance! MSOs await the meeting.

  • TRAI orders MSOs to deliver RIOs; tariff packages

    TRAI orders MSOs to deliver RIOs; tariff packages

    MUMBAI: The fear of Friday the thirteenth seems to be coming true for registered multi system operators (MSOs) as the Telecom Regulatory Authority of India (TRAI) has come out with two different directions for them today. And it has warned them that it is time for the stakeholders to buck up and act fast.

    The first direction issued today gives 118 registered MSOs just 10 days to submit their interconnection agreements entered with the broadcasters for re-transmission of channels on their cable networks in the Digital Addressable System (DAS) notified areas. Another direction, gives them seven days to submit the details of tariff packages along with the terms and conditions for supply and installation of the set top box (STB) to their subscribers.

    Of the 118 MSOs, a few well-known names that feature in the list are: Siti Cable Network, Seven Star Dot Com, Sagar E Technologies, Ortel Communication, Manthan Broadband, JAK Communications, IMCL, Hathway Cable & Datacom and Den Networks amongst others.

    “Every MSO, according to the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) and regulation 5, 8 & 9 of the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulation, 2012 (No. 9 of 2012), is required to have such interconnection agreement in DAS areas,” states the TRAI direction regarding interconnect agreement.

    According to regulation 5, it is mandatory for pay channel broadcasters to reduce the terms and conditions of the interconnection agreement into writing and deprive MSOs of their TV channel signals if no interconnect agreement is signed. Also, as per regulation 9, MSOs need to submit their interconnect agreement within the specified period to the authority.

    The TRAI direction had earlier said: “Every existing MSO shall submit to the authority by 31 July, 2012, all interconnect agreements entered into and amendments made therein prior to the date of notification of these regulations.”

    Regulation 8 gives power to the authority to intervene, inter alia, to protect the interest of the consumer and service provider. “The authority may, in order to protect the interest of the consumer or service provider or to promote and ensure orderly growth of the broadcasting and cable sector or for monitoring and ensuring compliance of these regulations, by order or direction, intervene, from time to time,” says the TRAI direction.

    With none of the MSOs so far caring to submit the tariff packages along with terms and conditions for supply and installations of STBs to their subscribers despite being ordered to do so under the Telecommunication (Broadcasting and Cable) Services (fifth) (Digital Addressable Cable TV Systems) Tariff Order, 2013 (No. 1 of 2013) issued on 27 May, the regulator has now cracked the whip on them to follow it and submit the packages within seven days from today. 

     
    It is to be noted that clause 5 of the tariff order states that every MSO has to report to the authority by 15 June 2013, the details of all the tariff packages and other terms and conditions for supply and installation of the STBs. According to this order, “Any change in the tariff package reported under sub-clause (1) and the introduction of a new tariff package for supply and installation of STB shall be reported to the authority at least seven days prior to such change or introduction, as the case may be.”

  • TRAI asks DTH operators to provide interoperability of STBs

    TRAI asks DTH operators to provide interoperability of STBs

    MUMBAI: In September this year, the licence of India’s oldest DTH provider Dish TV was to expire after a period of 10 years and then there was no provision for an extension. On 1 October the regulator came out with a consultation paper and on 14 November it issued a supplementary paper. 
    With the last date to provide feedback approaching, TRAI had an open house discussion (OHD) on 9 December with the leading DTH providers give suggestions on the consultation and supplementary papers released by TRAI.

    During the OHD, TRAI chairman Rahul Khullar said that set top boxes (STBs) should be inter-operable for the end consumer, either commercially or technically. He also told operators that the viewers should have the option to use the same STBs if they wished to change their service provider. But if operators found it to be a challenging prospect then they should be given an option of returning the STBs to their provider in exchange for money that could help them buy a new one.

    The Information and Broadcasting (I & B) Ministry had directed TRAI to set up new guidelines for obtaining DTH licenses in India. The OHD between TRAI and DTH players was to frame new recommendations regarding the same.

    During the OHD, DTH operators were asked to give views on issues such as entry fee and quantum thereof, licence fee, conditions governing cross holdings and period of extension. 

    Representatives from the industry said that new licences should be given for a reasonably long duration and the government should have the power to cancel these if operators violate rules.

    Khullar conveyed to operators that once the new licence rules come into effect, they will have two options: one, to either continue under their earlier terms and conditions till their licence expires or two, to change to the new system.

    Khullar has told DTH operators that they can submit any additional points till Friday.

  • TRAI asks Kolkata MSOs to start gross billing by next week

    TRAI asks Kolkata MSOs to start gross billing by next week

    KOLKATA: It was just last week that indiantelevision.com reported that Kolkata multi-system operators (MSOs) are likely to start the gross (consumer) billing process from 10 December following a directive by Telecom Regulatory Authority of India (TRAI).

    Now, TRAI met the MSOs again on 6 December and has asked them to start the billing process by 15 December.

    Kolkata has around 30 lakh cable television homes. As of now, an informal billing process is in place, but with effect from November, customers may have to pay the bill as per the package. “Collection may come in the next two-three months,” said Siticable Kolkata director Suresh Sethia.

    “Billing for the November package will start by 15 December. We will also advertise in newspapers and on our local channels to make our consumers aware about this development,” added Sethia.

    Siticable has around 10-11 lakh STBs in Kolkata Digital Addressable System-I (DAS-I) area.

    Explaining the details of the bill payment process, one of the MSOs informed that if a customer has chosen a package of Rs 180, he will have to pay Rs 180 + Rs 10 (amusement tax) + 12.36 per cent of Rs 180 (service tax) in the coming time.

    The billing system will bring transparency and organise the business, however, some operators are opposing it.

    But, the view of the majority is that only digitalisation can bring uniformity and a system in the so-called unorganised sector. Manthan Broadband director Sudip Ghosh said, “Billing is the first step to inform consumers of the changed ecosystem in a digitised environment.”

  • TRAI issues regulations for reducing security deposit and registration fees of telemarketers

    TRAI issues regulations for reducing security deposit and registration fees of telemarketers

    EW DELHI: The Telecom Regulatory Authority of India (TRAI) today issued regulations to encourage telemarketers to register by reducing the registration fees and the security deposit with the service provider.

    The Telecom Commercial Communications Customer Preference (Fourteenth Amendment) Regulations, 2013 says some of the major entities like banks and insurance agencies have requested the Authority to reduce the registration fees and also the security deposit with the service providers to remove the entry barrier for small dealers/ agents.

    Some of the major banks and insurance agencies have submitted that there are small dealers/ agents, in their business model, who do not have the means to afford the initial security deposit of   Rs 1,00,000 with service providers for taking telecom resources. Since the banks and insurance companies are compulsorily mandating their dealers/agents for registration as a telemarketer with TRAI, they have requested for reduction in the registration fee and the initial security deposit so as to motivate and provide opportunity for these small agents/dealers to register with TRAI as a telemarketer. 

    The Authority considered the issue and issued the Telecom Commercial Communications Customer Preference (Fourteenth Amendment) Regulations, 2013 to address these issues. The salient features of the 14th Amendment to the TCCCPR are:

    · The registration period is extended from three to five years.  The existing registered telemarketers can renew their registration by paying a renewal fee of Rs 5000. 

    · The Registration Fee is reduced from Rs 10,000 (Rs 1,000 Registration Fee + Rs 9,000 Customer Education Fee) to Rs 5,000, which will be a common Registration Fee, without any separate Customer Education Fee. 

    · This initial security deposit with the service provider is reduced Rs 1,00,000 to Rs 50,000.

    · The revised provisions of the regulations will come into effect after 30 days.

  • Kolkata may bill cable TV consumers from 10 December

    Kolkata may bill cable TV consumers from 10 December

    KOLKATA: On 29 November,  indiantelevision.com  had reported that the Telecom Regulatory Authority of India (TRAI) pushed the deadline for MSOs to submit duly-filled CAFs (Consumer Application Forms) to 15 December, also asking them to implement gross/direct billing by December.

    The latest development is that Kolkata is likely to start the billing process from 10 December.
    Said Siticable Kolkata director Suresh Sethia: “We have been prepared for a long time but since some MSO’s were not ready, we had to wait.  Now, everyone has agreed to bill as per package from 10 November. We will put the bills on the system. The operators will distribute the same to subscribers. The bills will mention amusement tax and service tax components separately.”

    If all goes well, Kolkata will end up leading the pack as players in other metros are targeting January, in some cases even the last quarter of the current fiscal to start direct billing.
    Popular perception is that direct billing will bring transparency and order into an otherwise largely unorganised business.

    Director Manthan Broadband Sudip Ghosh said: “Billing is the first step to inform consumers of the changed ecosystem in a digitised environment.”

    However, several MSOs are opposing the process. Sources reveal that though Kolkata has some 30 lakh cable homes, MSOs like DEN and Digicable haven’t even started the package, let alone starting direct billing.

    Swapan Chowdhury, convener of the Cable Operators Digitalisation Committee of the Association of Cable Operators, too felt that with DAS not implemented properly in the city, packages not available and technical problems in the software and system used for direct billing, it could be said the government was simply putting pressure on the MSOs to collect taxes easily. “No one is concerned about the operators,” he said.

    Apurba Bhattacharya, general secretary, Cable Operators Sangram Committee too opined that everything was a hodge podge in DAS I.

    Cable TV analyst Mrinal Chatterjee pointed out that many customers weren’t paying the rentals. “Bill should be introduced. As the central and state government too is losing tax unless the bill is introduced. Some MSOs claim that they are ready with the bill and the backend system needed for it but they are not!” she said.

    Media analyst Namit Dave posed a very real question: “At a time when some CAFs are not filled in and customers are unable to see their favourite channels even after opting for the preferred bouquet as offered in the channel package, is the city ready to take on direct billing?”

  • TRAI cracks the whip again on DAS phase I MSOs

    TRAI cracks the whip again on DAS phase I MSOs

    MUMBAI: Consumer billing has been a major irritant for all those involved in the process of India’s cable TV digitisation. The Telecom Regulatory Authority of India (TRAI) has been hauling up all and sundry amongst the multi-system operators (MSOs) to issue bills to cable TV subscribers, but has not managed to get the process in motion as yet even in the DAS phase I metros of Mumbai, Delhi and Kolkata.

    Now it’s time for another warning from the TRAI. It has written to 29 MSOs in the DAS phase I areas, telling them that they have to get their act together on consumer billing for the month of November 2013. Bills should be dispatched to cable TV subscribers by either the MSOs or local cable TV operators by 15 December; and a compliance report submitted by 31 December. Earlier on 6 November, the TRAI had intervened asking the MSOs to send a compliance report for Delhi, Mumbai and Kolkata by 15 November.

    The direction comes from the powers conferred on the authority under section 13, read with sub clauses (i) and (v) of clause (b) of sub-section (1) of section 11, of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) and regulation 14, 15, 16 and 24 of the Standards of Quality of Service (Digital Addressable Cable TV Systems) Regulations, 2012 and to protect the interest of the consumer.

    As per the direction, the MSOs also need to ensure that a proper receipt is given by it or its linked LCO for every payment made by the subscriber. “The MSOs will have to offer cable TV services to its subscribers on both pre-paid and post-paid payment options and generate bills for subscriber. That apart, the MSO also has to provide to the pre-paid subscriber, at a reasonable cost, the information relating to the itemised usage charge showing actual usage of service,” states the TRAI direction.

    What is notable is that it is not mandatory for the MSOs or its linked LCO to provide to the subscriber the information for any period beyond six months, preceding the month in which the request is made by the subscriber. According to the direction, “Every MSO shall, on request from the subscriber, change his payment plan from pre-paid to post-paid or vice-versa, without any extra charge.”

    To make the billing process clearer, the regulator has, as per regulation 15 of the Standards of Quality of Service (Digital Addressable Cable TV Systems) Regulations, provided that every MSO should – either directly or through the LCO – “give to every subscriber the bill for charges due and payable by such subscriber for each month or for such other period as agreed between the parties, for which such charges become payable by the subscriber.”

    The subscriber will be billed, generally on a monthly basis, including the service tax registration number and the MSO’s entertainment tax registration number. “Every MSO or its linked LCO, shall give 15 days, from the date of the bill, to every subscriber for making payment of the bill and in case the subscriber fails to make payment after expiry of the due date of payment, the MSO or LCO may charge simple interest of 12 per cent per annum on the amount due for the delay in making payment,” states TRAI’s direction.

  • TRAI extends CAF deadline to 15 December

    TRAI extends CAF deadline to 15 December

    MUMBAI: The multi system operators (MSOs) have time till 15 December to submit Consumer Application Forms (CAFs). The Telecom Regulatory Authority of India (TRAI) principal advisor N Parameswaran has shown forbearance and given the MSOs another 15 days to submit 100 per cent CAFs. The earlier deadline to submit CAFs was today, 20 November.

     

    The extension comes after Parameswaran’s meeting with the national MSOs held today in New Delhi. Though the MSOs had their concerns to address, in the meeting that lasted for one and a half hours, TRAI concentrated on two key issues — one, meeting the deadline for submitting CAFs for phase II by 15 December, and another, implementing gross billing from December for phase I.

     

    The meeting was attended by Hathway Cable and Datacom, Siti Cable, InCable, DEN Network, Digicable and GTPL.

     

    “We spoke at length on the issues that each MSO faces in order to comply with the deadline,” says a MSO on request of anonymity. “With LCOs not cooperating with us for submitting duly filled CAFs, and also the ongoing court cases that LCOs have filed to ensure the consumer stays under them, achieving the deadline is difficult,” he says.

     

    “The regulator will show leniency in states like Hyderabad, Madhya Pradesh and Gujarat that face problems, but in others it will not act as a Santa Claus if the deadline is not met,” says IndusInd Media and Communications Limited MD Ravi Mansukhani.

    According to Mansukhani, the bills are being generated by the MSOs, but the LCOs are not delivering them to the subscribers. “The TRAI has asked us to ensure that the bills should reach the subscribers by December. The regulator has asked us to either convince the LCO to deliver the bills to subscribers or to send them directly to each subscriber,” says Mansukhani.

     

    About 30 to 90 per cent CAFs have been collected so far. “The regulator has taken an average of this figure, which is around 50 per cent, and has said it is not enough. We have been asked to comply with this final deadline,” he mentions.

     

    The MSOs spoke at length on improving their relations with LCOs. “We want each party to realise and reap the benefits of digitisation,” states a MSO.

     

    The MSOs also raised logistic issues they were facing for collecting CAFs. “Unlike phase I which involved the big five players, phase II has several small players involved as well. And this is creating hindrance,” opines Mansukhani.

     

    The MSOs only have a few days to convince the LCOs to get ahead with both CAFs and billing. “It is a tough task, but we will have to give our best,” concludes Mansukhani.

     

    Seems like a difficult Christmas for the MSOs if they fail to meet deadlines.