ITV

Tag: Cable Act

  • TRAI recommends MIB should not introduce any fresh regulations in Cable TV distribution sector

    TRAI recommends MIB should not introduce any fresh regulations in Cable TV distribution sector

    Mumbai: The Telecom Regulatory Authority of India (TRAI) has recommended to the Ministry of Information & Broadcasting (MIB) that the government should not introduce any new regulations or take any corrective measures to enhance the competition in the cable TV distribution sector.

    Trai has further requested the MIB to monitor but also intervene only at the appropriate time. However, Trai recommended, “The government may take suitable measures to facilitate & promote sharing of cable infrastructure by a local cable operator with Telecom Service Providers (TSP) to enable the last mile for provision of broadband services.”

    “The government may issue necessary amendments to existing rules/ guidelines, to enable the use of last mile infrastructure created by cable operators by TSPs for promoting broadband connections,” it wrote.

    Trai further said that the government may amend the rules under the Cable Television Networks (Regulation), Act 1995 to explicitly indicate the following:

    “Cable operators may strive to provide last mile access to Access service providers/Internet Service Providers in a fair, transparent and non-discriminatory manner for the proliferation of broadband services.”

    On 19 February 2021, MIB sent a letter to TRAI where the government informed the authority that considerable time has passed on the recommendations on “Monopoly/Market Dominance in the Cable TV services on 26 November 2013” and the media and entertainment landscape has changed drastically since then, particularly with the advent of digital technologies in this sector. Therefore, MIB has requested Trai to provide a fresh set of recommendations for the development and expansion of the M&E sector.

    For this, Trai issued a consultation paper seeking comments from stakeholders on 25 October 2021. The date of submission for comments and counter comments was extended continuously and Trai received comments on the consultation paper from 70 stakeholders and counter comments from 7 stakeholders. (recommendations are available on Trai’s website). An open house discussion (OHD) was also held on 27 January 2022 in this regard through an online mode. After considering all comments and counter-comments received from stakeholders and further analysis of the issues, the regulator has now finalised its recommendations and issued it to the MIB.

  • Telecast ban withheld in two of 31 cases; no IMC recast plan

    Telecast ban withheld in two of 31 cases; no IMC recast plan

    NEW DELHI: Information and broadcasting minister M Venkaiah Naidu has said that there have been only two cases in the past two years and the current year where the government has put on hold its orders asking TV channels to prohibit transmission for limited time.

    These relate to channel DY 365 for a news broadcast on 12 June 2014 and the NDTV India for a report on 4 January 2016, Naidu told the Parliament. In both cases, he said, the channels had made representations to the ministry which were under consideration.

    The minister of state for information and broadcasting Rajyavardhan Rathore, answering a supplementary, said that there was no proposal to re-constitute the Inter-Ministerial Committee (IMC) which already includes representatives from the industry.

    DY 365 TV channel telecast news bulletin revealing identity of rape victims in two separate news reports. The matter was placed before the IMC on 13 January 2015 in which a representative of the channel was also afforded an opportunity of personal hearing. IMC recommended that the channel may be taken off air for a day due to multiple violations. With the approval of competent authority, an order dated 26 March 2015 was issued to DY 365. Subsequently, the channel submitted a representation on 27 March.

    NDTV India TV channel telecast a report on Pathankot terrorist attack disclosing sensitive information well beyond the briefing given by the designated officer while the anti-terrorist operations were still under way. The content was found in violation of Rule 6(1)(p) of the Programme Code. The matter was placed before the IMC on 25 July, 2016, in which representative of the channel was also afforded an opportunity of a personal hearing. It was recommended that the channel may be taken off air for at least one day keeping in view the gravity of the violation and an order issued on 2 November 2016. Subsequently, the channel submitted a representation dated 7 November 2016 which is pending.

    (Meanwhile, the Bombay High Court has admitted for hearing a petition by Care World India challenging a week-long telecast prohibition order.)

    In reply to another question, Rathore said as many as 31 TV channels had been ordered to stop transmission for periods ranging from one to 60 days since 2005. These include Care World India and AXN two times each, News Time Assam for three news items.

    The authority for exercising powers under Cable Act by Central Government or concerned Government/ authorised officers are provided under various sections of the Cable Act and mainly under Section 19 & 20.

  • Telecast ban withheld in two of 31 cases; no IMC recast plan

    Telecast ban withheld in two of 31 cases; no IMC recast plan

    NEW DELHI: Information and broadcasting minister M Venkaiah Naidu has said that there have been only two cases in the past two years and the current year where the government has put on hold its orders asking TV channels to prohibit transmission for limited time.

    These relate to channel DY 365 for a news broadcast on 12 June 2014 and the NDTV India for a report on 4 January 2016, Naidu told the Parliament. In both cases, he said, the channels had made representations to the ministry which were under consideration.

    The minister of state for information and broadcasting Rajyavardhan Rathore, answering a supplementary, said that there was no proposal to re-constitute the Inter-Ministerial Committee (IMC) which already includes representatives from the industry.

    DY 365 TV channel telecast news bulletin revealing identity of rape victims in two separate news reports. The matter was placed before the IMC on 13 January 2015 in which a representative of the channel was also afforded an opportunity of personal hearing. IMC recommended that the channel may be taken off air for a day due to multiple violations. With the approval of competent authority, an order dated 26 March 2015 was issued to DY 365. Subsequently, the channel submitted a representation on 27 March.

    NDTV India TV channel telecast a report on Pathankot terrorist attack disclosing sensitive information well beyond the briefing given by the designated officer while the anti-terrorist operations were still under way. The content was found in violation of Rule 6(1)(p) of the Programme Code. The matter was placed before the IMC on 25 July, 2016, in which representative of the channel was also afforded an opportunity of a personal hearing. It was recommended that the channel may be taken off air for at least one day keeping in view the gravity of the violation and an order issued on 2 November 2016. Subsequently, the channel submitted a representation dated 7 November 2016 which is pending.

    (Meanwhile, the Bombay High Court has admitted for hearing a petition by Care World India challenging a week-long telecast prohibition order.)

    In reply to another question, Rathore said as many as 31 TV channels had been ordered to stop transmission for periods ranging from one to 60 days since 2005. These include Care World India and AXN two times each, News Time Assam for three news items.

    The authority for exercising powers under Cable Act by Central Government or concerned Government/ authorised officers are provided under various sections of the Cable Act and mainly under Section 19 & 20.

  • Action “reportedly” taken against LCOs in Kurnool and Aurangabad showing Peace TV: Naidu

    Action “reportedly” taken against LCOs in Kurnool and Aurangabad showing Peace TV: Naidu

    NEW DELHI: Reiterating that action was taken against telecasting of unpermitted television channels, Information and Broadcasting Minister M Vekaiaih Naidu said today that such complaints were received against some cable operators from some districts such as Kurnool and Aurangabad regarding carriage of Peace TV channel.

    He told the Rajya Sabha that the complaints were forwarded to the District Collector for necessary action by the authorized officers under the Cable Television Networks (Regulation) Act 1995 and Rules 1994.

    “They have reportedly taken action”, the Minister added in reply to a question.

    The Ministry has also invited complaints by the general public regarding transmission of unpermitted satellite TV channels by cable operators on its social media platforms. These are also forwarded to the District Collectors for necessary action.

    Whenever instances are brought to the notice of thr Ministry regarding Uplinking of unpermitted TV channels through any Indian teleport, action is taken to stop the same as per the provisions of Uplinking guidelines 2011, he said.

    He said that the Cable Act and Cable Rules regulates the transmission and re-transmission of TV channels over the Cable Networks. The Authorized Officers (the District Magistrates, the Additional District Magistrates, the Sub-Divisional Magistrates and the Commissioners of Police within their territorial jurisdiction) under the Act are empowered to take action whenever violations of the Cable Act, 1995 are brought to notice.

    The Telecom Regulatory Authority of India (TRAI) has made recommendations on the regulation of ground channels in this regard.

    Meanwhile, he said his Ministry had on 8 July 2016 issued advisories to the State Governments and Union Territories, the District Collectors and the MSOs/LCOs that no unpermitted satellite channel such as Peace TV should be carried by the cable operators in the country.

    In addition, the Ministry has issued advisories from time to time to the State Governments and Union Territories to constitute State and District Level Monitoring Committees for recommending action against broadcast content being carried by the cable operators which are in violation of the Programme Code and the Advertisement Code under the Cable Act 1995.

    The Ministry has mandated Digitization of the entire cable network in the country by December, 2016 in a phased manner through the introduction of the Digital Addressable Systems (DAS). This measure is expected to address the issues of transmission of unpermitted TV channels, he added.

  • Action “reportedly” taken against LCOs in Kurnool and Aurangabad showing Peace TV: Naidu

    Action “reportedly” taken against LCOs in Kurnool and Aurangabad showing Peace TV: Naidu

    NEW DELHI: Reiterating that action was taken against telecasting of unpermitted television channels, Information and Broadcasting Minister M Vekaiaih Naidu said today that such complaints were received against some cable operators from some districts such as Kurnool and Aurangabad regarding carriage of Peace TV channel.

    He told the Rajya Sabha that the complaints were forwarded to the District Collector for necessary action by the authorized officers under the Cable Television Networks (Regulation) Act 1995 and Rules 1994.

    “They have reportedly taken action”, the Minister added in reply to a question.

    The Ministry has also invited complaints by the general public regarding transmission of unpermitted satellite TV channels by cable operators on its social media platforms. These are also forwarded to the District Collectors for necessary action.

    Whenever instances are brought to the notice of thr Ministry regarding Uplinking of unpermitted TV channels through any Indian teleport, action is taken to stop the same as per the provisions of Uplinking guidelines 2011, he said.

    He said that the Cable Act and Cable Rules regulates the transmission and re-transmission of TV channels over the Cable Networks. The Authorized Officers (the District Magistrates, the Additional District Magistrates, the Sub-Divisional Magistrates and the Commissioners of Police within their territorial jurisdiction) under the Act are empowered to take action whenever violations of the Cable Act, 1995 are brought to notice.

    The Telecom Regulatory Authority of India (TRAI) has made recommendations on the regulation of ground channels in this regard.

    Meanwhile, he said his Ministry had on 8 July 2016 issued advisories to the State Governments and Union Territories, the District Collectors and the MSOs/LCOs that no unpermitted satellite channel such as Peace TV should be carried by the cable operators in the country.

    In addition, the Ministry has issued advisories from time to time to the State Governments and Union Territories to constitute State and District Level Monitoring Committees for recommending action against broadcast content being carried by the cable operators which are in violation of the Programme Code and the Advertisement Code under the Cable Act 1995.

    The Ministry has mandated Digitization of the entire cable network in the country by December, 2016 in a phased manner through the introduction of the Digital Addressable Systems (DAS). This measure is expected to address the issues of transmission of unpermitted TV channels, he added.

  • Trai not to implement ad regulations till further orders from Tdsat

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (Tdsat) has directed the Telecom Regulatory Authority of India (Trai) to hold on to its commitment of not implementing regulation of advertisement on television channels till its further orders.

    The commitment that the Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations, 2012 dated 14 May 2012 will not be implemented till 30 August was given by Trai during a Tdsat hearing on July 17.

    Broadcasters had moved Tdsat challenging the authority of Trai to implement the provision in the Cable Act that restricts the total advertisements in an hour to 12 minutes.

    Trai will not take steps to implement the regulations on advertisement limit till the next hearing. Tdsat chairman S B Sinha and member P K Rastogi have listed for further hearing on 3 December the petitions filed by broadcasters and organisations against ad regulations.

    Tdsat gave its directive after Trai Counsel Saket Singh gave an assurance that the regulator was prepared to discuss the issue with broadcasters and other stakeholders. Singh also pointed out that Trai had, in fact asked all stakeholders to respond by 11 September to amendments proposed in the draft regulation “Standards of Quality of Service (Duration of Advertisements in Television Channels) (Amendment) Regulations, 2012”. The draft amendment was released on 27 August.

    The petitioners have questioned the powers of Trai contending that the regulator has no power to limit the ad times. According to the broadcasters, such power vests with the central government and that only it can issue such directions under The Cable Television Networks (Regulation) Act, 1995.

    The Tribunal was hearing different petitions by the Indian Broadcasting Foundation, the News Broadcasters Association,. ESPN Software India Pvt. Ltd., Multi Screen India Pvt. Ltd., Neo Sports Broadcast Pvt. Ltd., and Discovery Communication India which had been clubbed together.

    Some of the petitions had been filed when the first Regulations were issued on 14 May while those affecting sports channels were filed following the amended draft issued on 27 August.

    Counsel A J Bhambani who represented some of the petitioners in the appeal challenging the Trai Regulations said the regulator should not have issued any amended regulations in view of its assurance to the tribunal in July that it would not implement its regulation till 30 August.

    Singh said Trai had only issued draft Regulations as part of the consultation process and had no intention of enforcing it till all the stakeholders had been heard.

    Trai had first issued a notification on 14 May limiting the duration of advertisements in TV channels to 12 minutes per hour. Any shortfall of advertisement duration in any hour cannot be carried over, the telecom regulator had said. Trai in its regulation had also said that the minimum time gap between any two consecutive advertisement breaks should not be less than 15 minutes and not less than 30 minutes for movies.

    Trai in its draft amendment of 27 August has proposed to withdraw the requirement of a 15-minute gap between ad breaks, while sticking to the overall ad time of 12 minutes per hour. For sports broadcasters, Trai has proposed to remove the clause that permitted ads only during breaks in case of live broadcast of a sporting event.

    Also read:

    Broadcasters get breathing space as Tdsat stays Trai‘s ad cap rule Trai willing to discuss with broadcasters on TV ad time issue

  • Trai asks DTH operators to file inter-connect agreements with broadcasters

    Trai asks DTH operators to file inter-connect agreements with broadcasters

    NEW DELHI: The Telecom Regulatory Authority of India (Trai) today directed DTH operators to file with the designated authority their inter-connect agreements with various broadcasters.

    This move, the regulator said, will be in addition to an existing obligation placed on the broadcasters, in terms of a 31 December 2004 directive, to file their inter-connect agreements entered with a DTH operator.

    “The amendment to (regulations) for filing by the DTH operator has been done to facilitate better monitoring and to provide for specific informational requirements relevant to DTH platform,” Trai said in a statement soon after a Delhi court directed the government to plan rollout of CAS within four weeks.

    Since the number of agreements that would be entered into by a DTH operator with broadcasters will not be voluminous as in the case of cable TV, it should be possible to provide for filing of copies of individual agreements, Trai explained, nipping in the bud any criticism of such a move.

    The regulator would separately be specifying the procedure to be adopted by DTH operators for the filing(s) after amended regulations are notified.

    On 31 December 2004, Trai had issued regulations for filing and registration of interconnect agreements entered into by broadcasters with service providers under different platforms.

    In line with the detailed recommendations of TRAI on issues relating to broadcasting and distribution of TV channels, it was stated in paragraph 5 of the explanatory memorandum to the above regulation that the agreements entered into between a MSO and a local cable operator (LCO) shall be registered with the authorized officers under the Cable Act.

    Subsequently, on 2 December 2005, these regulations were amended to bring about flexibility in adopting procedures as regard to the manner of filing, formats of filing, etc of the inter-connect agreements.