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Tag: AROI

  • AROI welcomes TRAI’s broadcasting recommendations under Telecommunications Act

    AROI welcomes TRAI’s broadcasting recommendations under Telecommunications Act

     MUMBAI: This is one industry which is kind of giving the thumbs up to the recently recommended changes to  broadcasting services  by the Telecom Regulatory Authority of India’s (TRAI)  under the Telecommunications Act, 2023. In fact, the radio industry has gone beyond that and has welcome the proposed changes through The Association of Radio Operators for India (AROI).

    The proposals outline significant changes to the regulatory framework, replacing the existing licensing model with a structured authorisation system intended to streamline operations and foster digital transformation.

    The key recommendations include:

    * A voluntary migration path for existing licensees until 2030, becoming mandatory thereafter
    * Technology-neutral approach to facilitate digital broadcasting transition
    * Separation of service authorisation from frequency assignment
    * Permission for private FM stations to broadcast news and current affairs for up to 10 minutes hourly
    * Allowance for terrestrial radio services to stream content online simultaneously
    * Removal of mandatory co-location requirements for FM radio stations
    * Voluntary infrastructure sharing between broadcasting and telecom providers
    * Implementation of a separate programme code and advertisement code for private radio
    * 10-year licence renewal periods with a 4  per cent adjusted gross revenue fee structure
    * Potential shift from city-wise to district-wise allocation of FM frequencies

    The Telecommunications Act, 2023, which repeals the Indian Telegraph Act of 1885, mandates authorisation for entities providing telecommunication services, though implementation dates remain pending.

    An AROI spokesperson acknowledged the recommendations as “a welcome step towards industry growth and regulatory clarity” whilst noting certain aspects may require “further discussion” to fully serve private broadcasters’ interests

  • TRAI releases recommendations on FM radio broadcasting

    TRAI releases recommendations on FM radio broadcasting

    Mumbai: The Telecom Regulatory Authority India (TRAI) has released recommendations on FM radio broadcasting in order to discuss various issues related to FM Radio broadcasting.

    In order to discuss various issues related to FM Radio broadcasting, TRAI held a meeting with representatives of AROI on 5 August 2022. Representatives of AROI, inter-alia, raised the following issues for consideration of the authority:

    (i) Permitting private FM Radio channels to broadcast independent news bulletins

    (ii) Availability of FM Radio receivers in mobile handsets

    After considering all comments or counter-comments received from stakeholders during the consultation process and further analysis of the issues, the Authority has finalised its recommendations. The salient features of the recommendations are given below:

    (1) The annual licence fee of a FM radio channel should be de-linked from NOTEF.

    (ii) The license fee should be calculated as four percent of the Gross Revenue (GR) of the FM radio channel during the respective financial year. GST should be excluded from Gross Revenue (GR).

    (iii) The Government may take appropriate measures to provide relief to the FM radio operators to address challenges posed due to Covid-19 pandemic.

    (iv) Private FM Radio operators should be allowed to broadcast news and current affairs programs, limited to 10 minutes in each clock hour.

    (v) The program code of conduct as applicable to All India Radio for news content may also be applied to Private FM Radio channels.

    (vi) Functions or features pertaining to FM radio should remain enabled and activated on all mobile handsets having the necessary hardware. Built-in FM radio receivers in mobile handset must not be subjected to any form of disablement or deactivation.

    (vii) A Standing Committee, headed by a senior officer of Joint Secretary or above level, to oversee and monitor the compliance by mobile phone manufacturers (or importers) may be established by MeitY. The committee should include key stakeholders such as MIB, AROI, MAlT, and ICEA.

    (viii) An online grievance redressal portal should be provided for submitting information or complaints in case of any noncompliance as regards enablement of FM radio functionality in such mobile handsets that have the necessary functionality for FM receivers.

     

  • Trai proposes radio audience measurement on lines of Barc

    Trai proposes radio audience measurement on lines of Barc

    NEW DELHI: The Telecom Regulatory Authority of India (Trai) has come out with a set of recommendations on radio audience measurement (Ram) in India setting limits on ownership of stakeholders in the ratings agency, but there is no limit on the number of such agencies.

    In a preface, the regulator said there is a need to prescribe “a soft touch, conducive, forward looking, growth oriented framework” for Ram, which protects the interests of all stakeholders.

    The guidelines for rating agencies will be notified by the Ministry of Information and Broadcasting (MIB) based on the recommendations of Trai and there will be no ceiling on the number of rating agencies.

    Trai has a recommendatory role on such issues as final decisions rest with nodal ministries like MIB, Department of Telecoms (DoT) and Department of Space (DoS). In the past, many recommendations of the regulator had not been implemented at all or done so partially by the Ministry concerned.

    The Ram proposed guidelines mandatorily cover registration, eligibility norms, cross-holdings, methodology for conducting radio rating, complaint redressal, sale and use of ratings, audit, disclosure, reporting requirements and penal provisions for rating agencies.

    This will be very similar to the existing policy guidelines for television rating agencies issued by MIB under which Barc operates.

    Trai suggested the ratings agency should have adequate and equal representation from the three associations concerned — Association of Radio Operators for India (AROI), Indian Society of Advertisers (ISA) and Advertising Agencies Association of India (AAAI).

    The salient features of the TRAI recommendations are as follows:

    (i)Guidelines for rating system to be notified by MIB.

    (ii)Any agency meeting eligibility conditions can apply and get registered with MIB for doing the rating work. No cap on number of rating agencies has been prescribed.

    (iii)All rating agencies, including industry led body are required to comply with the guidelines.

    (iv)Guidelines to cover registration, eligibility norms, cross-holding, methodology for conducting rating, complaint redressal, sale and use of ratings, audit, disclosure, reporting requirements and penal provisions.

    (v)Voluntary code of conduct by the industry for maintaining secrecy and privacy of the listeners included in the rating process.

    (vi)Restrictions on ‘substantial equity holding of 10% or more’ between rating agencies and broadcasters/advertisers/advertising agencies have been prescribed.

    (vii)The rating agency to set up an effective complaint redressal system.

    (viii)Data/reports generated by the rating agency to be made available to all interested stakeholders in a transparent and equitable manner.

    (ix)The rating agency to get its entire methodology/processes audited internally on quarterly basis and through an independent auditor annually. All audit reports to be put on the website of the rating agency.

    (x)Penal provisions for non-compliance of guidelines.

    Since All India Radio (AIR) has a large geographical and population coverage and is not a member of AROI, representation of AIR should be ensured in the technical committee formed within the industry led body for guiding and supervising various radio rating processes.

    Trai said in its report that once guidelines are issued and implemented by MIB, these will be made applicable to all the rating agencies including the industry-led body.

    An independent rating agency, carrying out the rating process, can also outsource the field work, data collection and processing to third parties. The guidelines will not be applicable to the entities which have been contracted to carry out the field work, data collection and processing.

    At present, radio audience measurement in India is conducted by AIR and TAM Media Research.

    The full TRAI recommendation can be obtained at http://www.trai.gov.in/WriteReadData/WhatsNew/Documents/Recommendations_15_September_2016.pdf

  • Trai proposes radio audience measurement on lines of Barc

    Trai proposes radio audience measurement on lines of Barc

    NEW DELHI: The Telecom Regulatory Authority of India (Trai) has come out with a set of recommendations on radio audience measurement (Ram) in India setting limits on ownership of stakeholders in the ratings agency, but there is no limit on the number of such agencies.

    In a preface, the regulator said there is a need to prescribe “a soft touch, conducive, forward looking, growth oriented framework” for Ram, which protects the interests of all stakeholders.

    The guidelines for rating agencies will be notified by the Ministry of Information and Broadcasting (MIB) based on the recommendations of Trai and there will be no ceiling on the number of rating agencies.

    Trai has a recommendatory role on such issues as final decisions rest with nodal ministries like MIB, Department of Telecoms (DoT) and Department of Space (DoS). In the past, many recommendations of the regulator had not been implemented at all or done so partially by the Ministry concerned.

    The Ram proposed guidelines mandatorily cover registration, eligibility norms, cross-holdings, methodology for conducting radio rating, complaint redressal, sale and use of ratings, audit, disclosure, reporting requirements and penal provisions for rating agencies.

    This will be very similar to the existing policy guidelines for television rating agencies issued by MIB under which Barc operates.

    Trai suggested the ratings agency should have adequate and equal representation from the three associations concerned — Association of Radio Operators for India (AROI), Indian Society of Advertisers (ISA) and Advertising Agencies Association of India (AAAI).

    The salient features of the TRAI recommendations are as follows:

    (i)Guidelines for rating system to be notified by MIB.

    (ii)Any agency meeting eligibility conditions can apply and get registered with MIB for doing the rating work. No cap on number of rating agencies has been prescribed.

    (iii)All rating agencies, including industry led body are required to comply with the guidelines.

    (iv)Guidelines to cover registration, eligibility norms, cross-holding, methodology for conducting rating, complaint redressal, sale and use of ratings, audit, disclosure, reporting requirements and penal provisions.

    (v)Voluntary code of conduct by the industry for maintaining secrecy and privacy of the listeners included in the rating process.

    (vi)Restrictions on ‘substantial equity holding of 10% or more’ between rating agencies and broadcasters/advertisers/advertising agencies have been prescribed.

    (vii)The rating agency to set up an effective complaint redressal system.

    (viii)Data/reports generated by the rating agency to be made available to all interested stakeholders in a transparent and equitable manner.

    (ix)The rating agency to get its entire methodology/processes audited internally on quarterly basis and through an independent auditor annually. All audit reports to be put on the website of the rating agency.

    (x)Penal provisions for non-compliance of guidelines.

    Since All India Radio (AIR) has a large geographical and population coverage and is not a member of AROI, representation of AIR should be ensured in the technical committee formed within the industry led body for guiding and supervising various radio rating processes.

    Trai said in its report that once guidelines are issued and implemented by MIB, these will be made applicable to all the rating agencies including the industry-led body.

    An independent rating agency, carrying out the rating process, can also outsource the field work, data collection and processing to third parties. The guidelines will not be applicable to the entities which have been contracted to carry out the field work, data collection and processing.

    At present, radio audience measurement in India is conducted by AIR and TAM Media Research.

    The full TRAI recommendation can be obtained at http://www.trai.gov.in/WriteReadData/WhatsNew/Documents/Recommendations_15_September_2016.pdf

  • Calculate FM migration fee on reserve price for cities with no bids: TDSAT

    NEW DELHI: The Information and Broadcasting (I&B) Ministry was today directed to take the reserve price as the bid amount for computation of the non-refundable One Time Migration Fee (NOTMF) for migrating from Phase II to Phase III of Radio FM in cities where no successful bids had come in the recent e-auction.

     

    According to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), all FM channels of Phase II in these cities, which had applied for migration to Phase III will pay this amount within three working days of receiving the computed figure.

     

    Stressing that this was only an interim measure, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava made it clear that in case the petition failed, the applicants would have to payment the balance of the NOTMF with interest within the date specified by the Tribunal.

     

    Listing the matter for further hearing on 26 November, the Tribunal asked the Ministry represented by counsel Rajeev Sharma to file its reply by 13 November and the petitioner – Association of Radio Operators in India (AROI) represented by counsel Abhishek Malhotra – to file rejoinder – if any – by 20 November.

     

    The Tribunal had yesterday extended the last date of payment of 75 per cent balance of NOTMF till today.

     

    AROI has challenged the criteria for NOTMF for migrating from Phase II to Phase III of Radio FM.

     

    The primary plea of AROI is that the I&B Ministry is charging very high fee for smaller cities for NOTMF.

     

    During arguments, Malhotra said that the plea taken by the Ministry for the cities, which were put up for auction but failed to get successful bids was erroneous. The Ministry had reiterated the plea of the Telecom Regulatory Authority of India (TRAI) that the final prices for allocation of channels in such cities have not been determined.

     

    Malhotra said that existing Phase II FM operators in these cities who wanted to migrate had to be told the NOTMF they could pay for migration.

     

    Earlier in a letter to I&B secretary Sunil Arora, TRAI secretary Sudhir Gupta rejected the plea of AROI in this regard with regard to ten cities for which no bids had come in the recent e-auctions.

     

    Gupta said the AROI had in its representation “assumed zero percent increase in reserve prices for 10 group Z cities where auction was unsuccessful as no bids were received. This assumption of AROI is not tenable as the final prices for allocation of channels in such cities have not been determined.”

     

    He added that AROI had indicated another two concerns in respect of calculation of NOTMF by the Ministry. In the first case wherein example of Shimla is given by AROI, the methodology followed by MIB is in line with TRAI’s recommendations of 20 February, 2014, as this has been explained in an example given in a table of TRAI’s recommendations on “Migration of FM Radio Broadcasters from Phase-11 to Phase-III” dated 20 February, 2014.

     

    Accordingly, the request of AROI for review of NOTMF on this ground is not acceptable, Gupta said.

     

    The letter was in response to a letter from the Ministry of 8 October wherein the Ministry has sought TRAI’s comments on the methodology used by I&B Ministry for calculation of NOTMF for existing cities and to confirm whether it has done calculation of city wise NOTMF in accordance with the TRAI’s recommendations of 20 February, 2014.

     

    Gupta said TRAI had examined the methodology of calculation of NOTMF followed by the Ministry for group X, Y and Z cities. “The methodology followed by the Ministry for calculation of NOTMF is in accordance with TRAI’s recommendations dated 20 February, 2014.”

  • TDSAT to hear AROI’s petition challenging radio migration fee methodology; payment date extended

    TDSAT to hear AROI’s petition challenging radio migration fee methodology; payment date extended

    NEW DELHI: The vacation bench of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) today extended till tomorrow the deadline for payment of the balance of the non-refundable One Time Migration Fee (NOTMF) for migrating from Phase II to Phase III of Radio FM.

     

    The vacation bench of TDSAT chairman Justice Aftab Alam and member Kuldip Singh, who gave the interim direction after preliminary hearing, are expected to hear tomorrow the petition by the Association of Radio Operators in India (AROI) challenging the criteria for NOTMF for migrating from Phase II to Phase III of Radio FM.

     

    The primary plea of AROI is that the Information and Broadcasting Ministry is charging very high fee for smaller cities for NOTMF.

     

    Meanwhile in a letter to I&B Secretary Sunil Arora yesterday, TRAI secretary Sudhir Gupta rejected the plea of AROI with regard to ten cities for which no bids had come in the recent e-auctions.

     

    Gupta said the AROI had in its representation “assumed zero percent increase in reserve prices for 10 group Z cities where auction was unsuccessful as no bids were received. This assumption of AROI is not tenable as the final prices for allocation of channels in such cities have not been determined.”

     

    He said AROI had indicated another two concerns in respect of calculation of NOTMF by the Ministry. In the first case wherein example of Shimla is given by AROI, the methodology followed by the I&B Ministry is in line with TRAI’s recommendations of 20 February, 2014, as this has been explained in an example given in a table of TRAI’s recommendations on “Migration of FM Radio Broadcasters from Phase-11 to Phase-III” dated 20 February, 2014.

     

    Accordingly, the request of AROI for review of NOTMF on this ground is not acceptable, Gupta said.

     

    The letter was in response to a letter from the Ministry dated 8 October wherein the Ministry has sought TRAI’s comments on the methodology used by the I&B Ministry for calculation of NOTMF for existing cities and to confirm whether the I&B Ministry has done calculation of city wise NOTMF in accordance with the TRAI’s recommendations of 20 February, 2014.

     

    Gupta said TRAI had examined the methodology of calculation of NOTMF followed by the Ministry for group X, Y and Z cities. “The methodology followed by the Ministry for calculation of NOTMF is in accordance with TRAI’s recommendations dated 20 February 2014.”

     

    However, Gupta said, “TRAI has neither verified the arithmetic accuracy of city-wise NOTMF calculated by the I&B Ministry nor looked into the city-wise prices determined through the auction process.”

  • Centre gets notice regarding broadcast media regulation

    Centre gets notice regarding broadcast media regulation

    MUMBAI: The debate regarding the need of an external body to govern broadcast media has been raging since long. It has now reached the Supreme Court via a public interest litigation (PIL) filed by NGO Mediawatch.

    The SC has taken cognisance of the PIL seeking the establishment of an independent regulatory body to overlook broadcast media and issued a notice to the centre regarding it. The News Broadcasters Association (NBA), Association of Radio Operators for India (AROI) and the Advertising Standards Council of India (ASCI) have also been asked to submit their responses.

    The order was passed by a bench headed by chief justice P Sathasivam stating that the body is needed as the centre had failed to regulate content for the medium.

    The petition said: “For the last one and a half decades, the Ministry of I&B is perpetuating virtual anarchy in the realm of broadcast media regulation. Especially on the content regulation front, its broadcaster-appeasing and wait-and-watch policies marked by sheer ad-hocism and indifference to viewers’ interests are adversely affecting the rights of millions of broadcast media consumers. The Ministry as content regulator had failed completely in protecting the interests and basic rights of the audience. It has not constituted sufficient infrastructure and resources to ensure quick decision-making against offending channels and also not imposing deterrent penalties as provided by law.”

    The bench agreed to hear the PIL and clubbed it with a similar pending petition. The SC had on 29 November asked the Ministry of Information and Broadcasting, Ministry of Law and Justice, Ministry of Communications and IT as well as the Press Council of India to respond to the PIL asking for guidelines to regulate TV content.

  • I&B ministry helpless on high music royalty

    I&B ministry helpless on high music royalty

    NEW DELHI: The government has literally washed its hands off radio FM players’ plea on high music royalty fee.

    In the absence of a single collection agency for music rights fee from FM radio stations, mangers of the 287-odd new FM frequencies had asked the government to intervene and help form a single company for music rights collection as this vexed issue was threatening to throw many a business model off gear.

    An official of the information and broadcasting ministry said, “The issue relates to IPR, which is in the domain of the human resources development (HRD) ministry. We cannot intervene on every aspects of a business.”

    The official added that the concerns of the private radio FM operators have been conveyed to the HRD ministry and now it’s up to it to do address the issue.

    Explaining further the I&B ministry’s helplessness in this regard, the official said, “Our business is to frame a regulatory framework. We cannot really help if other aspects of the business (in this case FM radio) fall within the jurisdiction of other government agencies.”

    Why is the music rights issue snowballing into a major controversy? First, multiplicity of organizations that claim to be protecting the rights of performing artistes and their works and second, the absence of a regulator, which could go into such matters in details quickly to come out with feasible solutions.

    For the FM radio companies, the music rights fee could well range between Rs 1.2- Rs. 1.5 billion this year and could touch Rs 7 billion by 2010 as operations expand and new programming lineups are rolled out.

    The new FM operators have also urged the I&B ministry to help rationalise the music right rates for A+, A, B, C and D category cities on the lines of target population as opposed to the fixed fee regime currently practiced.

    According to the Association of Radio Operators of India (AROI), since the levels of operations would differ from city to city, paying a flat fee for music rights for smaller players would not make business sense.

    According to AROI convenor Rajiv Misra, if a FM operator with a licence in Hissar (population approximately 150,000) in Haryana state, for example, pays Rs. 5 million as music royalty for basically film and Indipop songs, the “overheads would increase dramatically.”

    AROI had suggested in a petition to the I&B ministry that music fees should be graded on the lines the cities had been graded for licences, depending on socio-economic factors.

    Presently, to access music, fees have to be paid to the Phonographic Performance Limited (PPL) for sound recordings, Indian Performing Rights Society (IPRS) for musical works and T-Series, a music company that has a huge library of film and devotional music.

    Because most FM radio stations depend heavily on film music, T Series, which began as a small company manufacturing cover versions of popular Hindi film songs, commands the leading market share of over 50 per cent.

    The I&B ministry official while expressing helplessness in intervening in such issues, said these are commercial deals that the industry players should try to sort it out themselves instead of approaching the government.

    Meanwhile, the ministry also made light of AROI’s protest against satellite radio operator WorldSpace seeking clearance for technology that would help it to broadcast terrestrially.

    Pointing out that the government is looking into the issue of WorldSpace, the ministry official said, “Private FM radio operators had existed earlier also and had competed well against satellite radio service. Why is this hue and cry now suddenly when the government hasn’t given any clearance to WorldSpace (to broadcast in the terrestrial mode)?”

  • FM radio players protest WorldSpace terrestrial foray

    FM radio players protest WorldSpace terrestrial foray

    NEW DELHI: It is not only the television broadcasters that are grappling with the issue of distribution and competition. Private radio broadcasters too have started sampling irritants in this regard.

    The private sector FM radio players has complained against satellite radio provider WorldSpace’s attempt to get certain licences that would help it distribute the services terrestrially also.

    According to information available with Indiantelevision.com, WorldSpace, India’s only satellite radio service, is trying to get a license for L-band terrestrial repeater from the information and broadcasting ministry, which, if obtained, will help it to transmit its services on moving vehicles terrestrially — the primary target audience of FM radio.

    “Repeaters are basically targeted at subscribers-on-move like in a car, etc. A satellite radio cannot enter into terrestrial segment by any means,” a letter to the government from the Association of radio Operators in India (AROI) states.

    Raising the emotional quotient, AROI seems to be appealing to the conscience of the government by saying, “We fail to understand why the Government of India is working on the WorldSpace application even when a proper guideline on satellite radio in India is still not available.”

    The letter goes on to add that considering FM radio in India is in a nascent stage and the FM radio broadcasters have paid “an exorbitant OTEF (one-time entry fee)”. the government should “protect FM radio industry for at least next 10 years.”

    “Before even waiting for the commissioning of the new stations, the ministry is already making plans to welcome new players into the terrestrial radio arena, directly threatening the existence of the FM Radio licensees. This is not acceptable at all,” the high-pitched AROI letter states.

    The AROI letter has been marked to prime minister Manmohan Singh, Congress chief Sonia Gandhi, defence minister Pranab Mukharjee, home minister Shivraj Patil and telecommunication minister Dayanidhi Maran and I&B ministry secretary SK Arora.

    The move of AROI comes at a time when the government is working on putting in place a policy for satellite radio services, including caps on foreign investments, which would force the likes of WordSpace to restructure themselves and find majority Indian partners.

    The AROI letter is also likely to put pressure on the government to bring about stringent regulations relating to satellite radio services. The Sector regulator has already submitted a set of recommendations to the I&B ministry.

  • Allow news on private FM: international radio broadcasters association

    Allow news on private FM: international radio broadcasters association

    NEW DELHI: Madrid-based Association International De RadioDifusion (AIR) and International Association of Broadcasting (IAB) have written to the Indian government exhorting green signal to news on private radio FM stations here.

    In a letter dispatched today to the information and broadcasting ministry in Delhi, the international association of private radio broadcasters, including FM, has also attached supportive documents on the regulatory environment from all across the globe where hard core news is allowed on private FM radio stations.

    In India, private FM radio stations are barred from carrying any news and current affairs programming, except information relating to the weather and stock market quotes.

    According to AIR and IAB president Alfonso Ruiz De Assin, “I fail to understand why news is not allowed in India (on private stations) as radio is the fastest medium and extremely user-friendly tool of communication.”

    Early this morning at Madrid (Spain), the general assembly of IAB, in principle, agreed to grant Association of Radio Operators of India (AROI) an active membership. IAB is the global body of private FM Radio broadcasters with more than 17,000 frequencies as members.

    AROI co-coordinator and BAG Infotainment CEO Rajiv Mishra said, “We are glad to get membership of IAB and are hopeful that news will be allowed on private FM radio soon.”