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Tag: DAS

  • Pay channel’s a la carte rate to not exceed two times its RIO rate: TRAI

    Pay channel’s a la carte rate to not exceed two times its RIO rate: TRAI

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) today said that the a la carte rate of a pay channel forming part of a bouquet offered by any digital platform should not exceed two times its RIO order rate offered by the broadcaster for addressable systems.

     

    TRAI also said that the sum of a la carte rates of all channels in the bouquet should not exceed three times the bouquet rate. 

     

    This applies to all multi-system operators (MSOs), direct to home (DTH) operators, internet protocol service (ISP) providers and Headend in the Sky (HITS) operators providing broadcasting services or cable service to its subscribers using a digital addressable system (DAS) and offers pay channels or pay and free-to-air (FTA) channels as part of a bouquet.

     

    These provisions are contained in the draft Telecommunication (Broadcasting and Cable) Services (fourth) (Addressable Systems) Tariff (Amendment order), 2015 that TRAI has prepared consequent to an order of the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) of 13 July.

     

    TRAI has also given the definitions of RIO and RIO rates in the draft, to which comments can be filed by 14 October with counter-comments if any, by 21 October.

     

    TRAI defines “RIO” as Reference Interconnect Offer published by a service provider specifying terms and conditions on which other service providers may seek interconnection from the service provider making the offer. On the other hand, “RIO rate” is the rate specified by the service provider in its Reference Interconnect Offer.

     

    The a-la-carte rates of all the channels offered by the service provider should be same for all the bouquet of channels formed by the service provider.

     

    The matter had gone to TDSAT as some platforms had objected to the “twin conditions” that were prescribed at retail level pricing of TV broadcasting services in order to link the a-la carte rates of channels to the bouquet rates in the Tariff order of 20 September, 2013.

     

    TDSAT, while disposing off the appeal vide its order of 13 July, stated that the Authority will consider the concerns of the appellants and take a final decision on the matter within four months from the date of the order.

  • TDSAT asks Star to show cause on Rudhrapur Cable Network’s contempt proceeding

    TDSAT asks Star to show cause on Rudhrapur Cable Network’s contempt proceeding

    NEW DELHI: Notice has been issued to Star India to show cause why contempt proceedings should not be initiated against it for not complying with the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) order of 18 August relating to Rudhrapur Cable Network.

     

    Star India was asked to respond within a week with TDSAT listing the matter for 7 October. 

     

    The Cable Network had come to the Tribunal seeking a direction to Star India for supply of its signals to the petitioner for retransmission in the areas of Rudrapur, Gadarpur, Kichha and rural areas.

     

    The Tribunal after arguments had directed that the parties should enter into an interconnect agreement without any delay applicable till 31 December, 2015. The areas under the interconnect agreement would be exactly same as the areas of the STN Television Network in Rudrapur, the Tribunal had said and added that following the execution of the agreement, the decoder boxes will be issued simultaneously to the petitioner for all the channels. 

     

    It had been argued by Star at that time that areas under question are in the third phase of DAS notification, hence as currently these areas are in the analogue mode and they are due to come under the DAS regime after 31 December, 2015. Star also declined to give signals to the petitioner on ground that STN has objected to any supply of signals to the petitioner on the ground that it owed large sum of money to STN. 

  • Sun Distribution & Andhra MSO to mutually examine LCO subscriber base

    Sun Distribution & Andhra MSO to mutually examine LCO subscriber base

    NEW DELHI: Multi system operators (MSOs) Sun Distribution Services and Andhra Pradesh’s Vaji Digital Network will jointly examine the latter’s local cable operator (LCO) subscriber base before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) examines the issues between them.

     

    Both parties have informed the Tribunal that they decided on a joint inspection in a mutual meeting last week.

     

    The two MSOs also entered into an interim provisional agreement in connection with the signals.

     

    Listing the matter for 22 September, TDSAT said that it had framed issues in this matter on 18 August and directed Vaji to file its affidavit in evidence within three weeks time.    

     

    Earlier in May, Sun was directed by the Tribunal to enter into interim and provisional interconnect agreements to supply signals to Vaji Digital Network in Rajahmundry, which is not a Digital Addressable System (DAS) area. 

  • DAS: TRAI seeks details of disputed cases pending in Bombay HC from MSOs & LCOs

    DAS: TRAI seeks details of disputed cases pending in Bombay HC from MSOs & LCOs

    NEW DELHI: All local cable operators (LCOs) and multi system operators (MSOs) who have any pending problems relating to inter connect agreements for Digital Addressable System (DAS) have been asked to inform the Telecom Regulatory Authority of India (TRAI).

     

    In a proforma issued today, TRAI asked LCOs and MSOs in the matters pending before the Bombay High Court to give details of the problems they are facing and for which they want the intervention of the Authority.

     

    The directive by TRAI follows an order of the High Court of 1 September that TRAI should resolve such disputes within four weeks.

     

    TRAI made it clear that all MSOs and LCOs should respond by 14 September.

     

    MSOs and LCOs can address their responses to Deputy Advisor (B&CS) G S Kesarvani preferably via e-mail at das@trai.gov.in.

  • TRAI issues separate tariff for commercial subscribers under DAS & non-DAS areas

    TRAI issues separate tariff for commercial subscribers under DAS & non-DAS areas

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) today issued separate tariff orders for commercial subscribers under digital addressable systems (DAS) and non-DAS areas.

     

    TRAI described a “commercial subscriber” as one “who causes the signals of TV channels to be heard or seen by any person for a specific sum of money to be paid by such person.” 

     

    The definition is contained in two Tariff Amendment Orders (TAO) relating to TV services for commercial subscribers, one applicable for TV services being provided through analogue cable TV systems (Non-CAS areas) and the other one applicable for TV services being provided through Digital Addressable cable TV systems were notified today.

     

    The amendments are to the Telecommunication (Broadcasting and Cable) Services (Second) tariff (Twelfth Amendment) order & the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff (Fourth Amendment) order.

     

    For definition of ordinary subscriber, the notification simply says anyone who is not a commercial subscriber under its definition is an ordinary subscriber. 

     

    Total forbearance has been prescribed both at the wholesale and retail level with respect to tariffs for commercial subscribers and broadcasters have the option to enter into tripartite agreements with the Distribution Platform Operators (DPOs) and the commercial subscribers, if so desired.

     

    The order says that a broadcaster will offer all its pay channels, for commercial subscribers on a-la-carte basis to distributors of TV channels, and may specify separate a-la-carte rate for each pay channel.

     

    This is provided the broadcaster may also offer all its pay channels as part of bouquet consisting of pay channels or both pay and free to air (FTA) channels and specify the rate for each such bouquet of channels offered by it; and a broadcaster may enter into a tripartite agreement with the distributors of TV channels and the commercial subscribers for supply of signals of TV channels to the commercial subscribers.

     

    Broadcasters have been mandated to offer their channels or bouquet of channels for commercial subscribers on non-discriminatory terms and conditions. 

     

    Broadcasters have also been mandated to file their tripartite agreements, if such agreement is done with commercial subscribers, with TRAI within 30 days of entering into such agreement.

     

    TV signals to commercial subscribers have to be provided by DPOs only in accordance with policy guidelines for up-linking and down-linking of television channels.

     

    Following directions by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) on 9 March that there was need for a fresh look at tariff orders, TRAI had issued a new paper on “Tariff issues related to Commercial Subscribers.” Stakeholders had been asked to give their comments by 31 July and counter-comments by 7 August and had then held an Open House on 18 August.

     

    The case in TDSAT had been filed by Indian Broadcasting Foundation (IBF) and others last year. The tariff orders challenged by IBF were issued on 16 July last year following the Supreme Court’s order of 16 April, 2014.

     

    TRAI said in a press release that it “expected that with the coming into force of these changes in the regulatory framework for commercial subscribers, distribution of TV services to commercial subscribers would be streamlined and would be available to them at competitive rates. It is also envisaged that it would balance the interests of all the stakeholders in the value chain and bring in complete transparency in the business transactions.”

     

    In the consultation paper, TRAI had asked commercial subscribers whether there is need to define and differentiate between domestic and commercial subscribers for provision of TV signals and the basis for such classification. TRAI wanted to know how it can be ensured that TV signal feed is not misused for commercial purposes wherein the signal has been provided for non-commercial purpose.

     

    It had also asked if there is a need to have a different tariff framework for commercial subscribers (both at wholesale and retail levels) and what should be the suggested tariff framework for commercial subscribers (both at wholesale and retail levels).

  • Multiple unregistered cable operators: A case of ignorance or mutual offence?

    Multiple unregistered cable operators: A case of ignorance or mutual offence?

    MUMBAI: More than 50 per cent of cable operators in the Pune district are found to be operating without the necessary registration. A special drive conducted by the Pune district entertainment department discovered that 500 out of the 960 cable operators in Pune do not possess postal registration, which is mandatory as per norms set by the Telecom Regulatory Authority of India (TRAI).

     

    “It has come to light that more than half of the existing cable operators are operating without following the TRAI guidelines. The operators were given two months to register themselves with the head post-office. But after regular inspection, it was found that the operators continued to evade registering with the post offices and notices have been issued to these operators. The issue has been pending for the past two years,” an official was quoted as saying by The Indian Express.

     

    Tax evasion can be one of the biggest reason behind this irregularity in registration. “These cable operators extract tax from people and do not deposit the same to the department. With the TRAI rules, we are getting to know about the evasions and the entertainment department has been asked to meet the target and get all the registrations,” added the official.

     

    However, when contacted by Indiantelevision.com, a senior official in the cable fraternity was loathe to accept the quoted number of operators, who were operating without the necessary registration. “What we came to know so far is that the operators of few fringe areas, which merely has a subscriber base of 25 – 50 may not have registered. It’s impossible that the number is so high. Moreover, what we are looking to find out is if those operators were charged entertainment tax. Our sources tell us that these operators have been paying entertainment tax. If that is true, then a pertinent question to ask the authorities is how taxes were charged to illegal operators.”    

     

    For city areas the tax per consumer is Rs 24 while the rural areas pay Rs 15.

     

    According to TRAI guidelines, it is mandatory for cable operators providing services via digital addressable systems (DAS) to register with the head post office before offering services. Cable operators are also required to enter into inter-connection agreements with multi-system operators (MSOs) whose signal they carry.

     

    While the issue has come to light in Pune as of now, it is a matter of major concern as to how many other cities and districts have a similar problem. Given the vast length and breadth of the country, the task at hand is onerous to say the least.

  • STB shortage, lack of awareness continue to plague DAS implementation, DD & AIR to help in publicity

    STB shortage, lack of awareness continue to plague DAS implementation, DD & AIR to help in publicity

    NEW DELHI: With the third phase of digital addressable system (DAS) expected to be implemented by 1 January 2016, the single biggest challenge facing the government and stakeholders is the dire shortage of set top boxes (STBs).

     

    A senior Information and Broadcasting Ministry source told Indiantelevision.com that the main hurdle was that very few manufacturers were coming forward with proposals despite the government support to the Make in India programme.

     

    This issue and the problem of adequate publicity about the benefits of DAS perplexed those who attended the tenth Task Force meeting on DAS held on 17 August under the chairmanship of Additional Secretary J S Mathur.

     

    Meanwhile, Joint Secretary (Broadcasting) R Jaya said Regional Units were being established at twelve places and these would start operating from September to monitor and report the progress of digitisation in each State/UT. 

     

    While Consumer Electronics and Appliances Manufacturers Association (CEAMA) complained that no major orders were being placed with it by multi system operators (MSOs). A representative of the CEAMA said, “This is the time to place orders if they want the STBs, which are required to be delivered before the cut-off date.”

     

    A Telecom Regulatory Authority of India (TRAI) representative said under the regulations, MSOs and LCOs have to offer STBs to consumers on rent, installment, outright purchase or any other scheme according to the standard tariff package prescribed by it. Any complaint on this issue should be addressed to TRAI. 

     

    A representative of the Uttarakhand Government said adequate number of STBs are not provided by MSOs in the State, resulting in slow progress of digitisation. 

     

    A representative of Maharashtra Cable Operators’ Federation (MCOF) said there are 5000 head-end owners, which are MSOs or LMOs. But many of them had not applied for registration. He apprehended that it may result in some dark areas once the deadline is over. 

     

    Jaya said MSO registrations were still on and any one can apply. She said 349 MSO registrations had been granted till mid-August including 126 provisional ones. Referring to apprehension of dark areas, she said these will be identified through State nodal officers and broadcasters. 

    Meanwhile, there was a lengthy discussion about publicity about DAS. ASSOCHAM with some broadcasters had planned a Chetna Yatra from next month covering 450 cities/towns/villages in the country. 

    Representatives of direct-to-home (DTH) platforms said they were ready to give free publicity regarding cable TV digitisation if asked. 

     

    A representative of the News Broadcasters Association (NBA) said there are financial constraints facing broadcasters. However, they will carry advertisement spots and would be preparing these.

     

    The TRAI representative said it had placed an advertisement on mandatory digitisation on its website. It had also planned to come out with a quarter-page print advertisement in newspapers very soon. 

     

    TRAI is holding five consumer outreach programmes per quarter in each region. From its perspective, awareness about digitisation is happening. The TRAI representative said the advertisement could be shared with MSOs for publicity by them. 

     

    All India Radio (AIR) and Doordarshan (DD) have been carrying advertisements on mandatory digitisation for several months. It was suggested that Doordarshan may also give video advertisements on cable digitisation in local languages on their popular regional channels in prime time. The Doordarshan representative agreed to get this done. 

     

    A representative of the Gujarat MSO GTPL said they have been carrying out a publicity campaign through scrolls on their local channels and public gatherings. 

     

    A representative of Indusind-Media said a team of about 300 persons had been deployed on this job to carry the campaign.

     

    On the other hand, a representative of an LCO association from West Bengal said they were unaware of the consumer outreach programme arranged by TRAI. It was suggested that members should regularly check the websites of MIB and TRAI for all such information regarding cable digitisation. 

     

    According to Jaya, four regional workshops were held by the Ministry with the State nodal officers of some of the States/UTs to sensitise them about their role and responsibilities in implementing cable TV digitisation in their States. Registered MSOs permitted to operate in these States were also invited in these workshops. 

     

    She said it was heartening to know from these workshops that State Governments are also gearing up to meet the challenge of cable digitisation in their States. The MSOs participating in these workshops said they were carrying publicity awareness campaign on digitisation on their local channels and through pamphlets being distributed by them. 

     

    She added that seven more regional workshops have been planned by the Ministry in 45 days at different places. Another workshop has since been held with the nodal officers from the states in the North East and the registered MSOs operating there on 21 August at Shillong.

     

    A representative of an LCO association from Assam said broadcasters were not providing content to them and they were being forced to come to Delhi for filing cases in TDSAT. The TRAI representative said this was a matter of dispute and TDSAT was the only appropriate forum. But for issues related to regulations, the TRAI regional office in Kolkata could be approached. 

     

    On signing of interconnect agreements, the IMCL representative said it was working on delivery through headend in the sky (HITS) platform besides cable. It was now in the final stage of negotiations with broadcasters. The TRAI representative said all MSOs who had not received any response to their requests for interconnect agreements from broadcasters had been asked to inform TRAI by 24 August and a meeting had been slated with broadcasters on 28 August. 

     

    A representative of the Indian Broadcasting Foundation (IBF) said deals are happening and parallel negotiations are taking place.

  • MSOs facing problems in signing interconnect deals with b’casters to inform TRAI by 24 August

    MSOs facing problems in signing interconnect deals with b’casters to inform TRAI by 24 August

    NEW DELHI: With just over four months left for implementation of Phase III of the Digital Addressable System (DAS) for cable operators, the Telecom Regulatory Authority of India (TRAI) has asked multi-system operators and broadcasters to expedite signing of inter-connect agreements.

     

    Apart from pointing out that it had placed on its website a standardized form for this, TRAI stressed that the rules provide that an agreement has to be signed by registered MSOs with broadcasters within 60 days of receiving a request.  

     

    TRAI said it had notified a comprehensive regulatory framework encompassing interconnection, quality of service, consumer complaint redressal regulation and tariff orders for implementation of   DAS.

     

    The MSOs who have been granted registration for providing cable TV services through DAS are required to enter into interconnection agreements with pay TV broadcasters for re-transmission of pay TV channels to subscribers.

     

    The Regulatory framework for DAS provides that every broadcaster shall provide the signals of TV channels to an MSO in accordance with its reference interconnect offer or as may be mutually agreed, within 60 days from the date of receipt of the request.

     

    The Authority said that in case the request for providing signals of TV channels is not agreed to, the reasons for such refusal to provide signals will be conveyed to the person making a request within 60 days from the date of request. 

     

    The MSOs who have approached pay TV broadcasters for providing signals of TV channels in accordance with the provisions of the interconnection regulations but have not been able to enter into interconnection agreements even after the passage of 60 days from the date of making request and also not received the reasons for not entering into interconnection agreement from the broadcaster may write to TRAI by 24 August through e-mail at das@trai.gov.in for initiating action in such cases according to the TRAI Act.

     

    As the cutoff date for Phase-III areas – 31 December – is fast approaching, the registered MSOs were advised by TRAI to make a written request to the broadcasters of pay channels for provisioning of the signals of TV channels as per their business requirement, so that they get signals of pay TV channels well before the cutoff date.

     

    The Authority said it had taken a number of initiatives to facilitate timely signing of interconnection agreements between broadcasters and MSOs. The Authority and broadcasters have uploaded standardised application form and contact details on their respective websites. For the convenience of the stakeholders, the details have also been uploaded on TRAI website.

  • Siti Cable seeks shareholders’ nod for raising $100 million

    Siti Cable seeks shareholders’ nod for raising $100 million

    MUMBAI: Multi system operator (MSO) Siti Cable is looking at raising up to $100 million through equity shares via public issue, private placement or qualified institutional placement (QIPs) route. The MSO for the same has sought shareholders approval. 

     

    Siti Cable will utilise the funds to meet expenditure to expand its business in phase III and IV of digitisation, ongoing acquisition of MSOs, LCOs and primary points, value added services (VAS), working capital requirements as well as to reduce debts. 

     

    The company sought shareholders’ approval to raise funds through one or more placements of equity shares in domestic and/or one or more international markets whether by way of private placement or otherwise, in one or more tranches, so that the total amount raised shall not exceed rupee equivalent of $100 million.

     

    The members had approved raising of funds of up to $100 million by passing a special resolution through postal ballot in October 2014, against which the MSO has already raised Rs 221.11 crore.  

     

    “Since the validity of the shareholders’ approval as per Regulation 88(1) of Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009 (‘SEBI Regulations’), is 12 months, it is proposed to seek fresh approval of the shareholders in this regard,” the company said.

  • Home Ministry plans to scrap security clearance norms for MSOs

    Home Ministry plans to scrap security clearance norms for MSOs

    NEW DELHI: The Home Ministry has recently streamlined and relaxed national security clearance norms for certain sensitive sectors including the media sector, the Lok Sabha was told today.

     

    The Minister of State for Home Haribhai Parathibhai Chaudhary said the new policy guidelines include doing away with national security clearance for multi system operators (MSOs) in the media sector.

     

    The guidelines are aimed at bringing about a healthy balance between meeting the imperatives of national security and facilitating the ease of doing business and promoting investment in the country.

     

    It may be recalled that while several MSOs had been waiting endlessly for security clearances to ensure they get licences for digital addressable system (DAS) from the Government, the Home Ministry had, earlier this year, indicated requirement of fresh security clearance before renewal of permission can be considered.

     

    Then in June, the Ministry of Information and Broadcasting had asked MSO applicants to file their applications in an affidavit, wherein they would give assurance that they have no criminal cases pending against them, and that they would shut down if they were refused security clearance. However, it now seems that these steps would be done away with completely with the Home Ministry changing its stance on security clearance for MSOs.

     

    Meanwhile in the Rajya Sabha, Minister of State for Information and Broadcasting Rajyavardhan Rathore said security clearance is a pre-requisite for grant of permission to TV channels.

     

    Hence, the Ministry has not permitted any private satellite TV channel without security clearance by the Home Ministry. In cases where security clearance is denied or withdrawn, action is taken towards cancellation of permission under the Guidelines.