Tag: Ad cap

  • 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.

  • Former I&B Secretary proposes fresh study into ad cap

    Former I&B Secretary proposes fresh study into ad cap

    NEW DELHI: It’s been a month and more since former Information & Broadcasting secretary Uday Kumar Varma relinquished his post to Bimal Jhulka. But you can’t get broadcasting  out of Varma’s blood. After all he and his team in the I&B almost single handedly forced a fragmented cable TV sector and a disbelieving television ecosystem to follow the government mandate for digitsation.  

    Now the former secretary has proposed that with the onset of digitisation, it is  possible for the Telecom Regulatory Authority of India (TRAI) to get all the data needed for a fresh look at the 12 minute ad cap which the regulator had mandated earlier this year.
    Uday Kumar Varma

    Speaking exclusively to indiantelevision.com Varma said  that the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has stayed the implementation  of the ad cap on news channels, and the TRAI should use this time to conduct a study on how much time is being devoted to advertising by the various television channels and determine how much can and should actually be devoted by them.  He stated that the regulator should be able to complete a thorough study in two or three months.

    Varma said that while the ad cap was sought to be enforced in view of the provisions of the Cable Television Networks (Regulation) Act 1995, the situation had changed considerably since with a much larger number of television channels than previously anticipated.

    He felt the 12-minute ad cap was in any case arbitrary as it was based on the experiences in other countries rather than in the Indian context.

    He agreed that there were some channels – particularly regional language ones – which aired up to 30 minute per hour of ads, but pointed out that the new regime under digitisation afforded TRAI the freedom to study the issue afresh.

    He said a method had to be found to enforce whatever ad cap is decided upon finally, since many channels are not members of either the News Broadcasters Association or the Indian Broadcasting Foundation. Even otherwise, he said all broadcasters were not on the same page on this issue.

    Asked about the demand that the ad cap be put off to December 2014 by when the entire country would have gone digital, Varma declined to comment as he said the matter was before the TDSAT.

    Merger of Phase III and IV of DAS

    On the topic of the merger of Phase III and IV of the digitisation process, Varma said it had been found this would work better since towns and rural areas in these two phases come under the jurisdiction of district collectors, and management would be easier.

    The merger would also give more time to stakeholders to put their infrastructure in place.

    Analogue Switch-off Justified

    Meanwhile, Varma said he stood by the decision to switch off analogue transmissions when resorting to digital addressable systems.

    He further added that permitting the co-existence of  both analogue and DAS, as had been done in the United States or the United Kingdom, would have led to a ‘warped policy’ in a country like ours.

    Digitisation should be seen as a means to make the broadcasting sector more transparent and give a better choice and viewing experience to the consumer, he said, adding that it  had also led to greater investments from India and overseas.

    The very fact that subscribers, who have switched over to DAS were not complaining and there were many others opting for the new system, meant the average Indian had become more conscious of what they were watching on TV.

    Affordability is not a major issue as those who have not yet bought digital set top boxes ‘will do so without being coerced’ once they see the advantages in terms of quality of picture, services, and value added services that may follow.

    Varma felt the method of collection and sharing of subscription fees too is undergoing a major change, and the consumer will be able to see the benefits of this. Furthermore, carriage fees charged by cable TV operators and MSOs had also come down and this would be reflected in the fee they charge subscribers.

    Varma believes that even the rural TV viewer will be in a position to partake of the fruits of cable TV digitisation. He pointed out that fatter wallet subscribers in metros and cities who will be paying  for value-added services and other benefits  will, in a sense, subsidise the rural consumer who is not so rich.

    As the adage goes, take from the rich to feed the poor. Even in television!

  • TDSAT stays TRAIs action against ad cap

    TDSAT stays TRAIs action against ad cap

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) has been left toothless by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). In an order passed today, the regulator has been forbidden from taking any ‘coercive action’ against news channels for not abiding by the agreement relating to ad cap.

    The petition filed by the News Broadcasters Association (NBA) challenges the constitutional validity of the regulations of TRAI enforcing the ad cap. The petition has been listed for a hearing on 11 November and will be presided by TDSAT chairman Justice Aftab Alam and member Kuldip Singh.

    The tribunal added that while the news 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.

    Counsel A J Bhambani for the NBA 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.

    Speaking after TRAI Counsel Saket Singh had presented his arguments, Bhambani said there were many members who were common to both the IBF and the NBA, and therefore the IBF had submitted a ‘proposal’ on 29 May 2013, which the TRAI accepted. But this could not be construed as a regulation.

    But TRAI had begun prosecutions on the basis of this proposal and not on the basis of any law, he stressed.  He said that TRAI had in fact submitted on 11 June before TDSAT that no action would be taken.

    Even otherwise, he said that TRAI was only empowered by its own act to make ‘recommendations’ on issues like advertisements and not bring about or enforce regulations and resort to prosecution.

    When Singh sought to interrupt to say that 20 of the 24 members of NBA were following the formula, Bhambani pointed out that one news channel had recently been forced to retrench a large number of staff.

    Earlier, Singh stressed that the proposal submitted by IBF had been worked out by a group that had the NBA president as one of its members.

    He also stressed that action had been taken only against those broadcasters who had violated the agreed formula more than 20 times.

    He said the proposal had made it clear that with effect from 29 May, the ad time per hour would not be more than 30 minutes. From 1 July, this would be reduced to 20 minutes per hour while GECs will cut this down to 16 minutes. This will be in force until 30 September, following which the 12-minute rule will be enforced from 1 October. TRAI had agreed as it felt this was the best way forward, Singh added.

    However, Justice Alam said that the proposal could be treated as a law and acted upon for prosecution of television channels. Furthermore, it could not preclude the channels from challenging the constitutional validity of the regulations.

    Referring to a point made by Singh, Justice Alam also said it would be unfair to ask for commitments from the channels when they were challenging the validity of the law and TRAI’s status quo in the matter. “This is arm-twisting,” he observed.

    When Singh sought to stress that the channels were violating their own agreement, Justice Alam said “We feel we will test the constitutional validity of your order.”

    He added that TDSAT felt that before taking any action against the channels, TRAI would have either informed the tribunal or at least given a warning to the channels.

    Referring to Singh stressing that the GECs were abiding by the agreement, Justice Alam said there was need to draw a line between news channels and GECs.

    Singh also proposed that TRAI would withdraw the complaints if the channels gave an undertaking before the tribunal about adherence.

    Meanwhile, in its order yesterday on a mention by the NBA counsel, TDSAT said, “Even while the appeals are pending, 14 complaints have been filed by the TRAI against different broadcasters for violation of the standards of quality service (Duration of Advertisements in Television Channels) (Amendment) Regulations 2013 that came into force on 22 March 2013.”

    TDSAT further noted that Singh had admitted that “Not only the complaints have been filed but as a matter of fact, cognizance was taken in those complaints at 2 p.m. today.”

    TDSAT had listed the matter for today and observed, “In view of the fact that the validity of the regulation is under consideration before the tribunal and having regard to the manner in which the matter has been proceeding, we are somewhat surprised at the sudden and drastic action taken by the TRAI.”

    “When we expressed our displeasure over the way the matter has been sought to be precipitated, Singh requested that the matter be taken up tomorrow at 2:30 p.m. so that he may get proper instructions in the matter.  We suggest that Singh should get instructions as to whether the TRAI is willing to withdraw the complaints filed during the pendency of the appeals before the tribunal or at least till an interim order is passed on the issue after hearing both sides.”

    When the law was invoked by the authority in May 2012, it was disputed by television broadcasters which had also challenged the jurisdiction of TRAI in this regard before TDSAT.

    With the news channels having obtained a stay from the TDSAT against any coercive action by TRAI, it remains to be seen how the IBF representing GECs will react and whether it will move TDSAT or any other court for similar stay.

  • Future of Television

    Circa 2061 – Television in its new form and shape, as a personalised medium will not just continue to exist and will be 130 years old, but would actually wield a true global power.

    I truly believe that television will continue to play a critical role for India to emerge as a developed country and one of the top three economies of the world.

    Two aspects are unlikely to change – human beings will continue to bear the same thirst for entertainment and
    content will continue its reign as the real King….
    _____****_____

    It is not easy to visualise where technology will take us in the future – but two aspects are unlikely to change – human beings will continue to bear the same thirst for entertainment and content will continue its reign as the real King.

    Zee will be a leading brand for entertainment, education and a medium for prosperous growth for every Indian. Burt Manning, founder of J Walter Thomson said 40 years ago when he founded Media Lab at MIT, that the 21st century will all be about personalised segmentation of the media. We are heading towards relevant, curated content consumption. We will move from semantic web (web 2.0) to intuitive web (3.0) and finally to machine to machine talks (web 4.0).

    At Zee, our global focus is to connect to every household, and offer relevant content, to keep them engaged. Having entertained over 670 million viewers worldwide, Zee is now marching towards reaching one billion viewers. We also aim at multiplying our productivity by many folds, in order to re-conquer our achievements in the last 20 years in merely eight years. With the swift pace, at which Zee as a brand is growing worldwide, it makes me extremely confident to state that by 2061, we would be amongst the top global media conglomerate, entertaining more than half of the total television viewers across the globe.

    Zee is a pure family entertainment company. Three generations of a family can sit together and watch our programmes. We will continue in our endeavour for freedom, dignity and prosperity of our viewers and shareholders in the future. Zee as a brand, has achieved global recognition today, and has grown exponentially over the years, establishing a strong connect in the minds and hearts of its audiences globally and has gained a top of the mind recall in the media & entertainment space. Zee has been able to achieve all this through its people-centric programming and keeping its audience at the core of all its offerings.

    Our pioneering vision, has led to the formation of a seven billion dollar industry in India, and has set a foundation for not just Indian, but many international media companies. ZEE being an Indian company, has ventured into the international markets and has earned a global recognition, unlike the international media brands which have ventured in Indian markets. This strong penetration in the global markets, and the immense high brand equity earned in the last 20 years, has taken Zee to the cadre of an emerging multinational. Leveraging its core expertise of a sharp insight in the audience pulse, Zee will continue with its string of innovations and industry firsts, enhancing the media & entertainment landscape by many folds.

    Zee has been a social catalyst in TV programming and dramas, in less than 20 years. Although it surely happens at a subconscious level. When viewers watch middle class people achieve higher boundaries, they appreciate the quality of life. When they witness the rags to riches stories, they celebrate their belief in dreams and destiny.

    In another decade or so, I still expect consumers to catch up with the linear TV content. Although there would be trends of short form content in terms of news, sports, entertainment, etc., but these would never fall in high content consumption patterns. The reason being that, largely depends on the consumers’ moods, their information seeking thirst and their desire to express on social media platforms. These traits are extremely high in the mornings and also in the later part of the evening time bands. Both these activities create a leap in short consumption of content. Even today, the specially created content on new media platforms is largely following traditional media content approach.

    Introspecting the world of Television

    Television is all about content – irrespective of the advancements from a technology perspective. It has surely transformed India in the last two decades and has effectively brought about changes to hearts and minds of millions. Zee would continue with the same zeal to play a catalyst in the transformation that not just India, but the rest of the world, will witness in the coming decades.

    May be a decade later, i.e. 2020 onwards, we could expect consumers to express new moods and tastes, even when they are on the go, provided the mode of transport gets more comfortable. The content formats would also enjoy a deep paradigm shift, considering the change in consumption patterns. Just to cite some of the experimental content formats, which surely would evolve in the near future on the Non TV Screens – we could expect five to 15-minute comedy films, five-minute exposure slots (back to back new film promos), 30-minute documentaries and factual entertainment for students and business travellers, five-10 minute amateur content – short films, 60-second public service campaigns or five-10 minute highlights of sports, etc.

    TV programmes are benefiting today from the consumer habits, values and lifestyles, and at the same time they are also power feeding new lifestlyes to the consumers.

    Going forward, programming would be more inclined towards relevant issues and concerns, segmenting would
    be the way forward…
    _____****_____

    They need to evolve to a stage where they are able to predict modern India, or modern Indian lifestyles and possibly taking a position on almost all issues that affect society. Whether masses favour your position or stance, would not be that important, but a strong stance/positions will have to be taken. As of now, TV is aiming at making consumers happy with one set of generic content for all the viewers. However, going forward, when programming would be more inclined towards relevant issues and concerns, segmenting would be the way forward. So we might have a channel which only showcases modern value content, or a channel which showcases only non-fiction content, or a channel which showcases only current issues, and so on.

    As television companies adapt to the internet by deciding which shows to offer for free online, internet users accustomed to free content, and the rhetoric that promotes it, have protested that shows should be supported with advertising alone. The problem is that in a world with a hundred channels – let alone a thousand websites – there may not be enough advertising to go around. That’s why, over the course of the 1990s, cable channels that once relied mostly on advertising tried to create hit shows or buy sports rights that would let them demand higher fees from cable companies. When cable channels started to invest in original shows, they did so very differently from traditional networks. Since networks only made money on advertising, they chose shows that would reach as large of an audience as possible, whether or not individual viewers felt strongly about them. Carriage fees gave cable channels a very different incentive: to develop programmes, some viewers cared about so much that they might cancel their subscriptions without them. Not only could channels show more adventurous fare – their success depended on it.

    As we stand, we are on a brink of a revolution and convergence of television and new media platforms. We are heading towards people getting what they want, when they want, and how they want. Although it goes without saying that top quality content will be the king in the new world of TV convergence.

    In my view, TV will woo audiences to interact with the programming. And viewers will not be satisfied on the one way communication and interact with TV.

    A basic social media integration on the content distribution platform will bring in a whole new perspective to
    the viewing experience…
    _____****_____

    Unlike the pre-digitisation era, wherein there was just a monologue between the consumer and broadcaster, a more circular relationship is expected with real time communication, enabling consumers to express their feedback instantaneously. Also a basic social media integration on the content distribution platform will bring in a whole new perspective to the viewing experience.

    Reality shows shall become more and more real and would almost touch the nature of a sports event. From the current era of scripted and fictionalized content formats, there would be a huge paradigm shift to much realistic shows. The only way they can sustain the attention of viewers is by revealing real pacer content and hence as much closer to something like sports content.

    The industry is changing before our eyes and this kind of innovation creates winners and losers. No longer will consumers be forced to overpay for a one-size- fits-all bundle of channels and services.

    As rightly put forth by Robert Levine, “In the digital world, television will be revolutionised once again”. Already, more viewers than ever are using their laptops to download and to watch shows they once saw on a TV screen. The problem is that even legal online services only generate a fraction of the revenue that cable does. Like newspapers, television channels are now reaching more viewers than ever before, but in a medium where they don’t like to pay for content and aren’t worth much to advertisers. And if more viewers begin “cord-cutting”- cancelling their cable subscriptions in favour of online options – it’s hard to see how television producers could avoid the same kinds of cost reductions that are killing newspapers.

    We will be able to watch Live or On-Demand stations, either as merely stations or individual shows on home television sets, tablets, desktops or mobile phones.

    Some screens may discontinue along the way, but there will be other screens that will emerge as life continues
    to evolve…
    _____****_____

    The rise of the DVR gave access to shows on the viewer’s timetable, and the explosion of apps are putting control in consumers’ hands – who can now watch anything, anytime, anywhere. Speaking of control, a number of new TV sets- turn viewers into a remote. A remote has a touch-sensitive track pad on one side, and a Qwerty keyboard on the other. An advanced version of the same remote functions like a magic wand, allowing TV watchers to move a pointer on the screen. On the other hand, some just function based on the movements of the viewers hands. Some very advanced sets, now have an in-built voice recognition
    intelligence, enabling the viewers to literally dictate their search preference.

    To summarise, I truly believe that TV will not die. At Zee, we no longer term ourselves as merely broadcasters, but “Content Creators” and will focus on reaching out to audiences at the end of any screen that they are available on. Some screens may discontinue along the way, but there will be other screens that will emerge as life continues to evolve.

    I think there will be several technologies and platforms that are going to emerge that we have to consider and migrate. Ditto TV, which is Zee’s yet another pioneering step in the over the top television space, is something that we have foreseen and we do believe that it is going to be a big opportunity for us, in the years to come.

    The future of television is all about viewers experiencing entertainment and information content on their preferred devices, time and place.

    (Excerpted from the India 2061- A Look at the Future of India Copyright Cogito Consulting Publication)