Category: TRAI

  • Trai asks Cable TV operators to withdraw legal notice

    Trai asks Cable TV operators to withdraw legal notice

    Mumbai: The Telecom Regulatory Authority of India (Trai) on Tuesday wrote to the Tamil Nadu Digital Cable TV Operators Association to withdraw its legal notice filed through Utkrishtha Law Agency seeking directions for pay channels not to inflate the prices of Cable TV channels.

    In a letter dated 4 January, the regulatory body said it had already issued a letter to broadcasters, and distribution platform operators in November 2021 and asked them to report to the authority any change in name, nature, language, MRP per month of channels, the composition of the bouquets of channels as per the New Regulatory Framework 2020 by 31 December 2021. It had also asked them to simultaneously publish such information on their websites.

    The plan was to provide enough time for the migration of consumers to the New Regulatory Framework, 2020 to avoid any inconvenience to consumers. The broadcasters who had already submitted their Reference Interconnect Offers (RIOs) in compliance of the New Regulatory Framework, 2020 were also asked to revise their RIOs by 31 December 2021. Further, it informed the Association that there was no permission granted by MIB for OTT platforms at present, therefore, tariff orders issued by Trai are not applicable to OTT platforms.

    “In light of this, broadcasters including Star India has intimated about deferment of all changes made in the RIO filed on 15 October 2021. Therefore, you are advised to withdraw the legal notice against Trai,” it wrote.

    The Association had filed the legal notice last year, after several TV channels revised their prices, in compliance with Trai’s amended tariff order. The regulatory body had later extended the timeline for implementation of the new order to 1 April, 2022.

  • TRAI ad cap: Broadcasters move Delhi High Court

    TRAI ad cap: Broadcasters move Delhi High Court

    MUMBAI: The 12 minute ad cap case has had a change in venue – from the Telecom Disputes Settlement Appellate Tribunal (TDSAT) to the Delhi High Court (HC). With the Supreme Court’s recent ruling that TDSAT does not have authority to hear cases challenging the Telecom Regulatory Authority of India (TRAI) regulations, broadcasters had filed a writ petition in the HC last Friday.

    The case is set to be heard on 17 December in the Delhi HC by Justice Manmohan. The appellants include the News Broadcasters Association (NBA), 9X Media, B4U, TV Vision, Sun TV, E24 and Pioneer Channel. The hearing for the case is set to begin afresh but the priority of the lawyers representing the broadcasters will be to get a stay order from the HC to disallow the TRAI from taking any coercive action against channels which are reportedly not following the 12 minute ad cap. Under the TRAI mandate, it can persecute channels who do not toe the line that it has set.

    “We will ask for a stay order on TRAI taking any punitive actions against broadcasters. Since the TDSAT had given a stay order earlier and the bench was headed by a SC judge Justice Aftab Alam, we hope we get it from the HC too,” says a senior executive.

    The case will by and large remain the same with the focus on the fact that the ad cap is not a regulation at all. However, since it is now the HC, the crux of the arguments will be on constitutional grounds such as Article 14 and Article 19 that talks about the right to equality and freedom of speech respectively.

    The channels will now have to go through the long drawn process of the hearing proceeding in the HC and getting the stay order against the regulator taking them to the cleaners for violation of the ad cao reglation. They have been fortunate not to have got the stick so far from the TRAI which could have prosecuted them as it was within its rights to do so.

  • Close Trai Ad cap: Broadcasters get respite from Delhi High Court

    Close Trai Ad cap: Broadcasters get respite from Delhi High Court

    MUMBAI: The Indian broadcasting community has got a respite on the Telecom Regulatory Authority of India (TRAI) ad cap case. The Delhi High Court today granted an interim order preventing the regulator from carrying out any coercive action against broadcasters violating the mandated 12 minute ad cap set by it.

    Broadcasters are heaving a sigh of relief as there were fears that the regulator would prosecute them for the same. Last week’s Supreme Court judgment had struck down the Telecom Dispute Settlement Appellate Tribunal’s (TDSAT) powers to adjudicate against TRAI regulations. This had nullified the efforts by the broadcasters to get a reversal in the ad cap case by TDSAT.

    The date of the next hearing is 13 March 2014. Broadcasters have to continue the weekly submission of ad duration data to the TRAI.

    The case is surely set to drag on for quite some months as compared to its briskness in TDSAT.  The broadcasters include the NBA, 9X Media, Sun TV, B4U, TV Vision, Sun TV, E24 and Pioneer Channel that had approached the HC after the case was dismissed by the TDSAT last week.

  • Election Commission to allot time to five state assemblies for poll broadcast on DD, AIR

    Election Commission to allot time to five state assemblies for poll broadcast on DD, AIR

    NEW DELHI: All India Radio and Doordarshan, which provides a platform to political parties for their poll broadcasts before election, will also organise panel discussions or debates at the Kendras/Stations for the forthcoming elections, for the state assemblies of Rajasthan, Madhya Pradesh, Chhattisgarh, Mizoram and the National Capital Territory of Delhi.

     

    The eligible party can nominate one representative for this programme, but only the Election Commission of India will approve the names of coordinators for the panel discussion and debates in consultation with the Prasar Bharati Corporation.

     

    The Commission, in the previous years, has worked out a schedule to provide different time slots for poll broadcasts to different parties.

     

    Only the ‘national parties’ and ‘recognised state parties’ will be eligible to avail the facility of the broadcast and telecast time.

     

    A base time of 45 minutes will be given to each party uniformly on the Regional Kendras  of  Doordarshan network and All India Radio network in the States/UT of Rajasthan, Madhya Pradesh, Chhattisgarh, Mizoram and NCT of Delhi. The additional time to be allotted to the parties has been decided on the basis of the poll performance of the parties in the last assembly election. The facilities will be available at the Regional Kendra of the All India Radio and Doordarshan in the states and then will be relayed by other stations within the states.

     

    In a single session of broadcast, no party will be allotted more than 15 minutes.

     

    The period of broadcast and telecast will be between the last days of filing the nominations and will end two days prior to the date of the poll. However, there will be no telecast or broadcast during the 48 hours before the polls close, as per specific provisions of the Representation of People Act, 1951.

     

    Prasar Bharati, in consultation with the Commission, will decide the actual date and time for broadcast and telecast. This will be subject to the broad technical constraints governing the actual time of transmission available with the Doordarshan and All India Radio.

     

    The guidelines prescribed by the Commission for telecast and broadcast will be strictly followed. The parties will be required to submit transcripts and recording in advance. The parties can get this recorded at their own cost in studios that meets the technical standards prescribed by Prasar Bharati, or at the Doordarshan/All India Radio Kendras.

     

    Alternatively, they can have these recorded in the studios of Doordarshan and All India Radio by advance requests. In such cases, the recordings may be done at the State Capital and at timings indicated by Doordarshan/All India Radio.

     

    Time Vouchers will be available in the denomination of five minutes with one voucher having time allotment from one to four minutes. The parties will be free to combine them suitably.

     

    Introduced for the first time for the Lok Sabha elections in 1998, the scheme of free broadcasts was extended by the Commission to the State Assemblies held after 1998 and General Elections to the Lok Sabha in 1999, 2004 and 2009.

     

    With the amendments in the Representation of People Act 1951, “Election and Other Related Laws (Amendment) Act, 2003”, and the rules notified in that, equitable time sharing for campaigning by recognised political parties on electronic media now has statutory basis.

     

    In exercise of the powers conferred by clause (a) of the Explanation below section 39A of the Representation of People Act, 1951, the Central Government has notified all such broadcasting media that are owned or controlled or financed wholly or substantially by funds provided to them by the Central Government, as the electronic media for the purposes of that section. Therefore, the Commission has decided to extend the said scheme of equitable time sharing on electronic media through Prasar Bharati Corporation to the ensuing General Elections to the State Legislative Assemblies.

  • 87% drop in complaints against VAS after regulations: TRAI

    87% drop in complaints against VAS after regulations: TRAI

    NEW DELHI: There has been a decline of around 87 per cent in the number of complaints made against wrong activation of value added services (VAS) like mobile internet and caller tunes since July.

    The drop has been witnessed after the Telecom Regulatory Authority of India (TRAI) issued directives to operators for putting an end to such practices.

    On 10 July, TRAI issued directives to telecom operators to take double confirmation from consumers before activating VAS and refund money of subscriber if the complaint is made within 24 hours for services that are valid for more than a day and six hours if a service is valid for a day.

    Under the rules, consumers can register complaints about wrongful activation of VAS on a toll-free common number, 155223, irrespective of the network they use.

    The regulator observed that total number of complaints received for VAS almost halved from 1,85,468 in July to 95,510 in August.

    The VAS activation on mobile network also came down by about 57 per cent from about 70 million in June – when rules were not in place – to 30 million in July.

    The data did not incorporate details of state-run BSNL, Sistema Shyam, Videocon and Punjab based Quadrant. 

  • TRAI directed not to implement ad cap for music channels

    TRAI directed not to implement ad cap for music channels

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) was today directed not to take any coercive action against four music television channels with regards to ad cap.

    Telecom Disputes Settlement and Appellate Tribunal (TDSAT) member Kuldip Singh after hearing counsel Kunal Tandon directed the matter to come up for further hearing on 21 October.

    The petitions were filed on behalf of Mastiii (owned by TV Vision, Mumbai), B4U, 9X Media, M Tunes HD and Music Xpress.

    Earlier, TDSAT had accepted a similar petition by the News Broadcasters Association (NBA) which challenged the constitutional validity of the regulations of TRAI enforcing the ad cap. That petition has been listed for hearing on 11 November.

    The Tribunal said while the channels will maintain weekly records of the advertising time per hour on a weekly basis, they will not be required to submit this to the regulator. Unlike the current practice, the records will only be submitted to TDSAT at the time of the hearing of the case.

    At that time, Counsel A J Bhambani for the NBA had said that a delegation of the Indian Broadcasting Foundation (IBF) had submitted a formula to the regulator but that did not preclude the broadcasters from challenging the validity of the regulations.

    He also said that this was only a compromise reached between the broadcasters and the regulator and could not form the basis of penal action since it was not a regulation or legal provision.

  • TRAI Open House: Aggregators given another week to respond

    TRAI Open House: Aggregators given another week to respond

    NEW DELHI: Television aggregators were today given a period of one week to give any recommendations they may have on the regulations relating to them issued earlier by the Telecom Regulatory Authority of India (TRAI).

    At an Open House that was well-attended, TRAI Chairman Rahul Khullar said any stakeholder wanting to give views in writing may do so within a week.

    Around 200 persons representing all stakeholders were present at the meeting, and put forth their views. While a majority said there was need for regulations, many felt that TRAI needed to fine-tune the regulations. MediaPro CEO Arun Kapoor, Dish TV’s Jawahar Goel, legal representatives of Airtel, Reliance, IndiaCast, apart from cable operators such as Vicki Choudhary, Roop Sharma, Money Oberoi were present at the open house.

    Khullar had TRAI Advisers N Parameswaran and Wasim Ahmed and other senior officials also present in the house.

    According to TRAI spokespersons, the discussions were frank and free and a final view would be taken after written representations are received.

    An aggregator attendee at the open house said that it was apparent from Khullar’s body language that he was not too happy with the state of affairs in the aggregation business today.

    Says he: “Khullar made three or four very important observations. The first is that aggregated bouquets of channels owned by rival bouquets creates a monopoly situation which is not a healthy one and needs to be addressed. Second: he recognised that the networks like Star, Zee, Sun, Network18 own channels across several corporate entities as licence holders and this needs to be considered. Third: smaller broadcasters and networks could face problems in distribution across the vast Indian cable TV landscape and this also should be borne in mind. Finally, he acknowledged that aggregation can help keep prices in check on account of bulk discounting”

    Adds another attendee: “Change is something that Khullar wants to bring in. We expect some change; the clout that aggregators enjoy is not something that the regulator wants to see continuing. He clearly wants aggregators to be brought under control. We are reading the writing on the wall, and we are readying for the change. How we manage this change is something we have to deal with.”

  • I&B ministry’s ad cap succor for broadcasters

    I&B ministry’s ad cap succor for broadcasters

    MUMBAI: On the one hand, the Telecom Regulatory Authority of India (TRAI) is putting the squeeze on broadcasters. On the other, the ministry of information and broadcasting (I&B) is proving to be an angel in disguise all ready to provide it with some succor. At least in the area of the 12 minute cap on advertising per hour allowed on television which TRAI activated earlier this year, and which is to be implemented next month.

    Reports are that the ministry is collecting data from broadcasters to ascertain the loss that they would incur on account of the TRAI-mandated ad cap.  It is then expected to prepare a consultation paper within the next 10 days, say these reports.

     
    Broadcasters – especially news broadcasters – have been yelping about how any reduction in air time would lead to a shriveling of revenues for them; in fact it might make it unviable for them to sustain their operations. Their constant wailing caught the attention of I&B minister Manish Tewari who last month requested the TRAI to post-pone the ad cap to end-2014 to coincide with the inflow of subscription revenues which are expected to accrue to broadcasters post the completion of cable TV digitisation.

    The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) concurred with the news broadcasters’ appeal and put a freeze on the applicability of the ad cap, till their plea was heard on 11 November 2013. General entertainment channels have, however, agreed to comply with TRAI’s directions and have even gone ahead and reduced their commercial advertising air time.

    Says a media observer: “All the players – TRAI, I&B, broadcasters – need to get together to have a road map for the reduction of the ad cap gradually and periodically over time and not in one fell swoop as TRAI has been suggesting. It’s good that the I&B ministry and TDSAT have been supporting the broadcasting sector as far as the ad cap is concerned. It is imperative for its survival.”

  • HC refuses stay on sports telecast ordinance

    HC refuses stay on sports telecast ordinance

    NEW DELHI: The Delhi High Court today refused to stay the operation of the ordinance asking private sports channels to share live feed of cricket and other sports events with public broadcaster Prasar Bharti.

    A division bench headed by Justice Vikramajit Sen adjourned the matter till 15 February for further hearing.

    Senior Counsel Dushyant Dave, appearing for Prasar Bharati, pleaded that the ordinance could only be stayed under extraordinary grounds.

    In any case, he argued, the conditions to share the live feed with the Prasar Bharati was part of the tender documents, and very much known to Nimbus Communications.

    The reply filed by the Government to the petition by Nimbus challenging the Sports Broadcasting (Mandatory Sharing with Prasar Bharti) Ordinance 2007 said it had been made clear to the Board for Control of Cricket in India (BCCI) that any party getting the rights to telecast the matches would have to share the live feed with Doordarshan and All India Radio, the application filed by the government in reply to the private channel contended.

    Additional solicitor general PP Malhotra, appearing for the government, said the petition should be dismissed as it was not the fundamental right of Nimbus, who own Neo Sports channel to monopolise the telecast of cricket matches. In any case, Nimbus should abide by the contract it had signed in February 2006 to share the live feed.

    Terming it as “bad in law”, the petition had said, “The ordinance transgresses the constitutional limits and apart from violating the petitioner’s fundamental rights, it also interferes with the power of the court to review the circular enforcing the private channels to share the feed.”

    On 23 January, in an interim order, the court had allowed Prasar Bharati to download the feed of Nimbus Communications and telecast the India-West Indies ODI series in a delayed transmission of seven minutes on DD and broadcast commentary live on AIR.

    The High Court has decided to merge the hearing of the appeal by Prasar Bharati against this order, and the petition by Nimbus challenging the Ordinance.
     
     

  • Trai’ng hard but falling way too short

    Trai’ng hard but falling way too short

    Some like it; some don’t. But there’s no denying that the Telecom Regulatory Authority of India (Trai)-mandated pay channel prices in CAS areas (Rs 5 for all pay channels) is going to stir up much more than just a storm in the proverbial cup.

     

    It’s like those weekly village markets that are quite popular in India where the refrain is har maal paanch rupaiya mein (every product priced uniformly at Rs 5). The actual price may differ a bit, but the concept adopted by Trai is the same. Reason: low and uniform prices attract buyers.

     

    Faster the adoption of a technology like CAS, sooner more transparency will come into the Indian broadcast and cable industry, which has been plagued by massive under-declaration by cable ops
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    A low price entry point for a new technology — about which myths abound still for the general public — is certainly a good way of incentivising its quick adoption. And, faster the adoption of a technology like CAS, sooner more transparency will come into the Indian broadcast and cable industry, which has been plagued by massive under-declaration by cable operations and other such ills in the absence of any regulation.

     

    But in attempting to keep cable TV as a mass service —- which it is, anyway — and having the prices of all pay channels uniform, Trai has forgotten one important aspect of regulatory process: the cost factor while deciding tariff for a service.

     

    The real boom in the Indian cellular phone market came when players clipped price lines and made the whole process of acquiring a mobile phone connection so cheap and attractive that even a domestic hand found it hard to resist. Who can forget a certain Indian telecom player’s offer of a mobile phone connection with unlimited talk time for a certain period of time and the handset thrown in for Rs 500 under the Monsoon Hungama or monsoon bonanza scheme some time ago?

     

    Trai, which also oversees the telecom sector, may actually take pride in claiming that it facilitated massive growth in cellular phones in the country. The numbers say it all. There are more cellular phone connections in the country compared to fixed line connections. But broadcast industry cannot crow like its telecom counterpart.

     

    Though cable TV service, unlike some others like transport (especially capital intensive railway transport), cannot be categorized as a natural monopoly, the cost of putting together that service cannot be overlooked.

     

    In forcing an entertainment broadcaster to sell its product at a ridiculously low cost, Trai is trying to say Indian consumers don’t appreciate high quality production values.
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    Not as capital intensive as power or transport sectors, cable TV nevertheless does need investments to be made by all stakeholders of the value chain. By presuming that all types of content can be acquired comparatively cheap and revenue generated through volume sales (after all, India now boasts of 68 million C&S homes with all TV homes standing at 110 million), the regulator has highlighted its partial ignorance of how the broadcast business is conducted.

     

    Imagine the plight of Nimbus, for example, which has bought Indian cricket rights for over $ 600 million hoping that the content would help it to price its proposed channel at a premium. But now it would have no option but to price a pay channel at Rs 5 and look at rejigging the whole business model.

     

    There is no denying that the programming costs in the sports, movies and entertainment segments are higher than news or infotainment channels segment. In forcing an entertainment broadcaster to sell its product at a ridiculously low cost — when compared to the input costs of aggregating content — Trai, probably, is trying to say that Indian consumers don’t appreciate high quality production values and can be served shoddy work. Class comes with a price tag and the price decided by the regulator is unlikely to encourage quality.

     

    Could Trai have gone in for differential pricing for some genres of channels? Yes, of course it could have, and displayed a visionary flair in the process.

     

    But as long as regulators like Trai remain hostage to a government’s whims and fancies, it would always open itself to the criticism of pandering to politicians’ wishes, which are mostly based on populism.

     

    Still, there is no gainsaying that the last word on this tale is a long way away from being written. And, if the way the currents are flowing are anything to go by, it could well be on this critical point that Trai’s efforts to usher in the CAS era could fall flat!