Tag: Distribution Platform Operators

  • TRAI  gives smaller cable operators a break on mandatory audits

    TRAI gives smaller cable operators a break on mandatory audits

    NEW DELHI: India’s telecom regulator has proposed easing compliance burdens on smaller cable television operators whilst tightening audit procedures for the rest of the industry under draft amendments released on 22  September. 

    The Telecom Regulatory Authority of India (TRAI) plans to make annual system audits optional for distribution platform operators (DPOs) serving fewer than 30,000 active subscribers. The move follows complaints from smaller operators about the disproportionate cost of mandatory audits, which can consume a significant share of their revenues.

    The proposed draft Telecommunications  (Broadcasting And Cable) Services Interconnection  (Addressable Systems) (Seventh Amendment ) Regulations, 2025 state  that larger operators would still face stricter requirements. They must complete audits for the preceding financial year and share reports with broadcasters by 30 September each year, replacing the current calendar year framework.

    The draft also introduces new provisions for infrastructure sharing between operators. Where multiple DPOs share encoding equipment, the infrastructure provider would insert watermark logos at the encoder level whilst individual operators add their logos through set-top boxes. However, TRAI proposes limiting screen clutter by allowing only two logos—the broadcaster’s and the last-mile distributor’s—to appear simultaneously.

    The regulator has addressed longstanding industry disputes over audit challenges. Under new procedures, broadcasters questioning audit reports must cite specific discrepancies with evidence within 30 days. If unsatisfied with auditor responses, they can request special audits but must bear the costs.

    “The audit of systems is necessary to ensure that the systems deployed by a DPO are addressable as per regulatory requirements,” TRAI stated in its explanatory memorandum. “Proper and accurate subscription reports are very important as the settlement of charges between service providers is based on such reports.”
    The draft regulations also mandate that auditors provide independence certificates confirming they have no conflicts of interest with the entities being audited.

    Industry stakeholders have until 6 October to submit comments on the proposals. The amendments are scheduled to take effect from 1st April 2026.

    The move reflects TRAI’s broader effort to reduce regulatory burden on smaller operators whilst maintaining oversight of the Rs 70,000 crore broadcasting and cable services sector. The authority previously made certain compliance requirements optional for operators with fewer than 30,000 subscribers in quality-of-service regulations issued in July 2024.

    However, some industry players have criticised the proposals. Broadcaster associations argue that exempting smaller operators from mandatory audits could increase under-reporting of subscriber numbers, whilst some cable operators contend that even the revised procedures remain too burdensome.

    The draft comes as India’s television distribution industry grapples with declining subscriber bases and increased competition from digital platforms. Many smaller operators have struggled with compliance costs, particularly annual audit fees that can range from Rs 50,000 to several lakhs depending on system complexity.
    TRAI’s proposals also address technical requirements for infrastructure sharing arrangements, mandating separate data instances for each operator using shared subscriber management and conditional access systems to prevent cross-contamination of subscriber data.

    The regulator emphasised that the 30,000-subscriber threshold for audit exemptions would be reviewed periodically based on market conditions.

  • TRAI orders monthly, quarterly compliance reports from TV distributors

    TRAI orders monthly, quarterly compliance reports from TV distributors

    NEW DELHI: India’s broadcast regulator has ordered all distribution platform operators (DPOs) — including DTH, cable (MSOs), headend in the sky (Hits)  and IPTV players — to file performance monitoring reports every month and quarter, in a bid to sharpen oversight of the sector.

    The Telecom Regulatory Authority of India (TRAI), acting under section 12 of its 1997 Act, said the move was aimed at ensuring compliance, protecting consumer interests and fostering orderly growth of the TV distribution industry.

    Until now, only DTH firms were required to furnish quarterly reports, a rule dating back to 2008 and expanded in 2019 to cover MSOs and Hits)  operators. The new order updates formats to reflect changes in tariff, interconnection and quality-of-service rules.

    From now, operators must file monthly reports within ten days of month-end, and quarterly reports within 15 days of each quarter’s close. Smaller DPOs with fewer than 30,000 subscribers may skip the quarterly filing.
    The order marks another tightening of regulatory screws on a sector under pressure from both rising consumer expectations and surging competition from streaming platforms.

  • JioStar, Zee and Sony release new channel and bouquet pricing

    JioStar, Zee and Sony release new channel and bouquet pricing

    MUMBAI: It’s that time of the year when broadcasters disclose how much the distribution platform operators will have to pay for the channels they pipe into Indian TV homes. The three major networks JioStar, Zee and Sony Pictures Networks India have rolled out their reference interconnect orders  (Rios) regarding the broadcast tariffs that cable ops, DTH ops and IPTV players have to cough up for 2025. At first glance, it appears s if broadcasters have been reasonable in their rate increases by hiking channel prices between five and 15 per cent on the higher side. And quite a few channel prices have been maintained as well. The rates become effective 1 February 2025.

    Let’s begin with JioStar.Its 134 channel offering after the merger of Star and Jio definitely looks impressive. As do the number of packs its distribution team has come up with: 83 in all packs, which includes 85 standard definition channels, 44 HD channels, five FTA channels. The bouquets also include 19 news channels from Network 18, infotainment channels from both National Geographic and AETN18, general entertainment channels in various languages from both Star and Colors, kids channels (including Disney), music channels (MTV and Maa Music), regional language channels and of course above all sports channels in various languages.

    On an a la carte basis, JioStar’s channels in various languages in standard definition have been priced at between Rs 25 (for Maa TV and Colors Kannada respectively)  and 10 paise (all its news channels).

    Its HD channels are priced between Rs 25 a(Maa HD, Star Plus HD, Vijay HD, Colors Kannada and Asianet) and 10 paise(VH1 HD, MTV Beats HD and MTV HD). .

    On the bundle side, its cheapest pack, apart from the free to air channels, is at     Rs 17 for the Disney Kids SD pack with the most expensive one being the Star Premium Pack Marathi Lite Hindi HD at Rs 240.

    The  Star Value Pack  SD Hindi pack,  priced at Rs 110 has 30 channels including both Star Plus and Colors, a chunk of news channels, movie channels, infotainment channels, kids channels – but no Disney – the sports channels Star Sports 1 Hindi, Sports 18, and Star Sports 3. The Star Premium Pack Lite Hindi HD which is priced at Rs 210 has 43 channels, including seven sports channels, Colors HD but no Star Plus.

    The broadcaster has built clever packs which are a mix of regional language channels only and it has also mixed regional languages to create special packs and regional language channels with its  Hindi channels to create even more niche packs to meet the requirement of nomadic domestic Indians.

    Network Status Action
     JioStar if you already have an agreement  click here  
      if you are new to Jiostar and want one click here
    Zee TV To get the Zee updated RIO form  click here
    Sony Pictures Networks India to get the a la carte pricing  click here
      to get the Happy India bouquet pricing  click here
    Source: networks and Indiantelevision.com 

    Let’s now take a look at Zee. Zee has kept the number of packs limited to 30 and it’s a la carte rates are also pretty much simpler. It’s mainline general entertainment channels in every language apart from Malayalam have been kept at a price of Rs 19 (Zee TV Hindi, Zee TV Marathi, Zee Bangla, Zee Sarthak, Zee Telugu and Zee Kannada). Zee Keralam, however, has been priced at Rs 10 on a la carte basis. Its movie channels have been kept between a band of Rs 19 (Zee Cinema) and 10 paise (Zee Classic). It has priced most of its HD channels at Rs 19 with the lowest one priced at Rs 3 (& prive HD).

    Zee TV has bundled its regional language channel packs at a higher price than its Hindi ones. For instance, the Zee all-in-one pack Hindi HD has a sticker price of Rs 89 while its all-in-one Telugu and Tamil packs are priced at Rs 120.It has also thrown in penetration incentives if the distribution platform operators place the channels in the preferred LCN number that are agreed upon between Zee and the DPO.

    Now on to Sony Pictures Networks India (SPNI). SPNI has increased the a la carte pricing for some of its  channels, while keeping them steady for others. For example, Sony Wah  which was priced at Rs 0.1, is now priced at Rs 1. Similarly, Sony Max 2 has increased to Rs 2 from Rs 1, and Sony Sports Ten 4 is now priced at Rs 19, up from Rs 17. Additionally, the pricing for bouquets has been revised which has gone up  between four per cent and 12 per cent. The Happy India Smart – Hindi pack is now priced at Rs 54 (previously Rs 48), while the Happy India Smart – Marathi pack is now priced at Rs 56 (previously Rs 51). The Happy Smart Bangla too has risen from 51 to Rs 56 but with the channel Max 1 being added to it.

    Hopefully, these marginal price revisions don’t start a battle between the  cable TV and DTH fraternity and broadcasters like they did the last time in 2023 when broadcasters had to resort to switch offs because cable TV operators resisted. The DPOs must remember the price of almost everything has gone up: the rupee is at Rs 85, potatoes are at Rs 60 and even petrol is at a high.

    Already, consumers are turning away from cable TV and DTH as is evident in the drop in the number of subscribers in the past six months. For the sake of the entire cable and satellite TV industry, the entire trade must work together and not battle against each other. Otherwise, the number of cord cutters and cord-nevers will only increase. And along with it, the tribe of streamers. 

  • Trai issues amendments to the regulatory framework for broadcasting and cable services

    Trai issues amendments to the regulatory framework for broadcasting and cable services

    Mumbai: The Telecom Regulatory Authority of India (Trai) on Tuesday issued the telecommunication services tariff order, 2022 and the telecommunication services interconnection regulations, 2022.

    In consonance with the complete digitisation of the cable TV sector, Trai on 3 March 2017 notified the new regulatory framework for broadcasting and cable services. After passing legal scrutiny in Madras High Court and Supreme Court, the new framework came into effect from 29 December 2018.

    As the new regulatory framework changed quite a few business rules, many positives emerged. However, upon implementation of the new regulatory framework 2017, Trai noticed some inadequacies impacting the consumers. To address certain issues that arose after implementation of the new regulatory framework, after a due consultation process with stakeholders, Trai on 1 January 2020 notified the new regulatory framework 2020.

    Some stakeholders challenged provisions of tariff amendment order 2020, interconnection amendment regulations 2020 and QoS amendment regulations 2020 in various High Courts including in the High Court of Bombay and Kerala. The court upheld the validity of the new regulatory framework 2020 except for a few provisions.

    The provisions related to network capacity fee (NCF), multi-TV homes and long-term subscriptions of new regulatory framework 2020, have already been implemented and due benefits are being passed on to the consumer at large. Every consumer now can get 228 TV channels instead of 100 channels earlier, in a maximum NCF of Rs 130. It has enabled consumers to reduce their NCF for availing a similar number of channels as per 2017 framework, by an estimated cost varying Rs 40 to 50. Additionally, the amended NCF for multi-TV homes has enabled further savings to the consumers to the tune of 60 per cent on second (and more) television sets.

    However, as per RIOs filed by the broadcasters in November 2021, the new tariffs reflected a common trend i.e., the prices of their most popular channels including sports channels were enhanced beyond Rs 19 per month. Complying to the extent provisions, as regards the inclusion of pay channels in a bouquet, all such channels that are priced beyond Rs 12 per month are kept out of the bouquet and are offered only on a-la-carte basis. The revised RIOs as filed indicate a wide-scale changes in composition of almost all the bouquets being offered.

    Immediately after new tariffs were announced, Trai received representations from distribution platform operators (DPOs), associations of local cable operators (LCOs) and consumer organisations. DPOs highlighted difficulties likely to be faced by them in implementing new rates in the system and migrating the consumers to the new tariff regime through the informed exercise of options impacting almost all bouquets, especially due to upward revision in the rates of pay channels and bouquets declared by broadcasters. Therefore, Trai engaged with all the different associations and consumer groups including representatives of LCOs.

    To deliberate on the various issues related to implementation of new regulatory framework 2020 and suggest a way forward, a committee consisting of members from Indian Broadcasting & Digital Foundation (IBDF), All India Digital Cable Federation (AIDCF) & DTH Association was constituted under the aegis of Trai.

    The purpose of the committee was to facilitate discussions among various stakeholders to come out on a common agreed path for smooth implementation of Tariff Amendment Order 2020. Stakeholders were advised to come out with an implementation plan with minimum disruptions and hassles to the consumers while implementing the new regulatory framework 2020.

    The committee listed several issues related to the new regulatory framework 2020 for consideration. The stakeholders, however, requested Trai to immediately address critical issues which could create impediments for smooth implementation of tariff amendment order 2020.

    In order to address the issues as identified by the stakeholders’ committee; Trai issued a consultation paper for seeking stakeholders’ comments on points/issues which are pending for full implementation of the new regulatory framework 2020. The consultation paper sought comments and suggestions from various stakeholders, on issues related to discount given in the formation of the bouquet, ceiling price of channels for inclusion in bouquet, and discount offered by broadcasters to DPOs in addition to distribution fee.

    The authority analysed the comments of the stakeholders and to protect the interests of consumers has notified the amendments to tariff order 2017 and interconnection regulations 2017. The main features of the amendments are as follows:

    a.    Continuance of forbearance on MRP of TV channels

    b.    Only those channels which are having MRP of Rs 19 or less will be permitted to be part of a bouquet.

    c.    A broadcaster can offer a maximum discount of 45 per cent while pricing its bouquet of pay channels over the sum of MRPs of all of the pay channels in that bouquet.

     d.   Discount offered as an incentive by a broadcaster on the maximum retail price of a pay channel shall be based on combined subscription of that channel both in a-la-carte as well as in bouquets.

    All the broadcasters shall report to the authority, any change in name, nature, language, MRP per month of channels, and composition and MRP of bouquets of channels, by 16 December 2022, and simultaneously publish such information on their websites. The broadcasters who have already submitted their RIOs in compliance with the new regulatory framework 2020 may also revise their RIOs by 16 December 2022.

    All the distributors of television channels shall report to the authority, DRP of pay channels and bouquets of pay channels, and composition of bouquets of pay and FTA channels, by 1 January 2023, and simultaneously publish such information on their websites. DPOs who have already submitted their RIOs in compliance with the new regulatory framework 2020 may also revise their RIOs by 1 January 2023.

    All the distributors of television channels shall ensure that services to the subscribers, with effect from 1 February 2023, are provided as per the bouquets or channels opted by them.

    Trai in the present amendments, addressed only those critical issues which were suggested by the stakeholders’ committee to avoid inconvenience to consumers while implementing the tariff amendment order 2020. The stakeholders’ committee also listed other issues for subsequent consideration by Trai. In addition, the authority held multiple meetings with representatives of LCOs including an online meeting which was attended by more than 200 LCOs from across the country. Several issues were put forward during these meetings. Trai has noted the suggestions and may take further suitable measures to address the ensuing issues, if the situation warrants.

  • Trai asks broadcasters, DPOs to comply with interconnection agreements regulations

    Trai asks broadcasters, DPOs to comply with interconnection agreements regulations

    Mumbai: The Telecom Regulatory Authority of India (Trai) has asked broadcasters and distributors of TV channels to immediately implement the provisions of the Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other matters Regulations, 2019.

    The regulator has asked broadcasters and distributors to submit the compliance report within 15 days from the date of issue of the letter on 8 December failing which actions would be taken as per provisions of the said regulations and the Trai Act, 1997.

    The regulations were supposed to come into force on 2 January 2020 but were challenged by the All India Digital Cable Federation (AIDCF) in the Kerala high court. The high court in its order dated 9 January 2020 had ordered that no coercive action will be taken by the respondents.

    The court disposed of the said writ petition, in its judgement dated 12 July, and partially set aside the provisions of the said regulations to the extent they require registration of placement/marketing agreements. Thus, all the provisions of the said regulations, except to the extent they require registration of placement/marketing agreements, are in operation.

    The regulator had developed a B&CS integrated portal system (BIPS) for the purpose of filing data/details pertaining to the said regulations. The regulations require broadcasters and DPOs to furnish, via their compliance officer, its reference interconnection offers when the same is published on their websites.

    The regulations are applicable to all commercial and technical arrangements entered into by broadcasters, distributors of television channels and local cable operators for providing broadcasting services. If broadcasters and distributors default in complying with the provisions, then Trai would take action by imposing a financial disincentive.

  • Star and Disney India postpones new channel launches till further intimation

    Star and Disney India postpones new channel launches till further intimation

    Mumbai: Star and Disney India has deferred the launch of 15 (SD+HD) channels and renaming of one channel until further intimation.

    “This is to inform all distributors of television channels that the launch of following 15 channels and name change of following one channel have been deferred till further intimation by Star,” it said.

    The channel launches that have been held back include Star Gold Romance, Star Gold Thrills, Jalsha Josh, Star Movies Select, Pravah Pictures, Star Kirano, Star Sports 1 Tamil HD, Star Sports 1 Telugu HD, Disney Channel HD, Hungama HD, Star Gold 2 HD, Pravah Pictures HD, Vijay Super HD, Asianet Movies HD and Star Kirano HD. The renaming of Marvel HQ to Super Hungama has also been delayed till further notice.

    The broadcaster had published its new reference interconnection offer (RIO) on 15 October mentioning the new channels and declaring the new channel and bouquet pricing in compliance with the new tariff order (NTO) 2.0. Star planned to launch its new channels between December 2021 and January 2022.  

    The Telecom Regulatory Authority of India (Trai) notified that it has extended the deadline for implementation of NTO 2.0 till 1 April 2022. In the meanwhile, broadcasters must revise their RIOs by 31 December and distribution platform operators must report their distribution retail price of pay channels and bouquets by 31 January 2022.

    The broadcasters’ association Indian Broadcasting and Digital Foundation (IBDF) and Trai have been embroiled in a legal battle on the matter of NTO 2.0 implementation. The final hearing of the Supreme Court on the matter is on 30 November.  

  • Bombay high court questions TRAI on twin conditions, DPO bouquets

    Bombay high court questions TRAI on twin conditions, DPO bouquets

    KOLKATA: Within a very short span of the new tariff order (NTO) implementation, the Telecom Regulatory Authority of India (TRAI) issued a set of amendments at the beginning of 2020. These have been challenged legally by the major broadcasters, and the litigation is still in progress.

    In an interesting twist, at today's hearing yesterday, the bench at Bombay High Court has questioned the relevance of a few important clauses of the regulation.

    The division bench of the Bombay high court comprising Justice AA Sayed and Justice Anuja Prabhu Desai asked whether the twin conditions were placed by TRAI for consultation. The industry regulator had introduced this clause citing “manipulation” of consumer choice by broadcasters.

    Read more news on Trai

    “The sum of the a-la-carte rates of the pay channels (MRP) forming part of a bouquet shall in no case exceed one and half times the rate of the bouquet of which such pay channels are a part. The a-la-carte rates of each pay channel (MRP),forming part of a bouquet, shall in no case exceed three times the average rate of a pay channel of the bouquet of which such pay channel is a part,” TRAI said along with introducing the Rs 12 cap for introducing a channel in a bouquet.

    TRAI has been upholding (amended tariff order) NTO 2.0 for bringing rationality between a-la-carte price and the bouquet price. But several reports have indicated that consumers opted for the distribution platform operator (DPO)-designed bouquets post NTO 1.0.

    Considerably, the bench also mentioned that more than 90 per cent bouquets in the market are DPO bouquets which do not appear to be under the same restrictions as the broadcaster’s bouquets. The bench asked TRAI's counsel to explain how and whether DPO bouquets are bound by restrictions as compared to the broadcasters.

    Giving an example of NTO 1.0 which was implemented without the discount cap on the formation of a bouquet by the broadcasters, the bench asked whether NTO 2.0 could be implemented without some of the provisions.

    Read more news on NTO

    The counsel appearing for TRAI has sought time to respond till the next date of hearing, 8 October.

     It is expected that counsels for the union of India and TRAI will complete their arguments during the next hearing. However, keeping in mind the rejoinder to be made by the broadcasters, the first half of Friday has been kept as reserve time.

    Over the past couple of years, the industry has been overburdened by regulations. According to a FICCI -EY report, NTO 1.0 reduced the number of TV subscribers by 26 million. While broadcasters are reeling from the Covid2019 impact, it is of serious concern how another change will impact the industry. 

  • TRAI mandates DPOs to let subscribers view, modify subscription through TRAI app, portal

    TRAI mandates DPOs to let subscribers view, modify subscription through TRAI app, portal

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has mandated DPOs to allow consumers to also use the TRAI app or portal for their subscription-related updates. This includes accessing channels/ bouquets available, ease in the selection of channels and bouquets (addition/ deletion) of their choice, viewing subscription and modifying the same through the TRAI app /portal by sharing APIs with TRAI.

    The authority is in the process of finalising the API specifications which will be communicated separately to the DPOs. DPOs are to share/exchange the information through API with the TRAI whenever the authority asks for the same for ensuring integration with the TRAI's APP or portal.

    In a release, TRAI stated that during the consultative process of TRAI’s Draft Regulation (Second Amendment) to The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations 2017, stakeholders were generally of the view that they have no objection/hesitation in sharing their APIs with TRAI as their data is secure with the regulator and there will not be issues like leakage/misuse of consumer information and privacy of data.

    The authority has issued the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) (Second Amendment) Regulations, 2019 (6 of 2019). TRAI's prevailing regulations/orders for the television and broadcasting sector gave freedom to consumers to select television channels they want to watch.

    To ensure proper implementation of the new framework, TRAI has made a number of efforts such as a series of meetings with Distribution Platform Operators (DPOs), publicity in electronic and news media, interactions with customer groups etc. Despite this, TRAI was in receipt of several complaints from the consumers that they are not able to choose the TV channels conveniently on the web portal/ apps of the DPOs.

  • Guest Column: TRAI’s radical tariff & interconnect norms will usher in major changes

    At the onset one must appreciate the efforts put in by the TRAI in coming out with path-breaking orders involving tariff, services inter-connection and quality of services. The effort of the regulator is clearly to increase choice in the hands of consumers to pay for what they want to watch.

    The TRAI guidelines are aimed at encouraging moving away from a push-based model to a pull-based one where demand and supply will be the deciding factors. Still, it’s a known fact that consumers themselves find it difficult to pick and chose, preferring packages instead. But time will tell how the Indian consumer behaves this time around. But if the industry and the government/regulator work together, a lot can be made possible. However, there are some actions that need to be acted upon urgently. In my opinion, they are the following:

    1. TRAI guidelines pre-suppose that all distribution platform operators (DPOs) have the built in capability to create packages and also bill on a la carte basis. While it might be possible for the bigger DPOs who have invested in the backend to have this capability, I am less confident of smaller DPOs. Unfortunately, for many of them digitalization was just converting analog signals to digital. Such DPOs selected weak support players resulting in inadequate capabilities in the backend, which is the heart of digitalization (packaging and bundling). For them to make adequate changes will also mean making huge investment and technology upgrade. One way to make this possible quickly and in a cost efficient way is to implement infrastructure sharing at every level keeping advancing technology in mind. And, to make this aspect possible, it’s necessary to make licensing norms amendments in the statutory regulations relating to cable TV, HITS, and DTH.

    2. As of today, the balance of negotiating power is clearly in the hands of broadcasters and, while the TRAI orders are quite exhaustive in terms of various provisions, lets us not underestimate the capability/ingenuity/creativity of the broadcasters. I personally do not think any broadcaster will absorb the DPO margins. As broadcasters have an in-built minimum return they expect from their channels, in all probability, they will add this margin to the channels’ prices. The regulator should consider setting up a mechanism by which it can review and intervene in a time-bound manner.

    3. DPOs must move away from their analog mindsets and embrace digitalization and its implications by being more honest and transparent in their dealings with broadcasters and other stakeholders.

    4. While TRAI has outlined the terms and conditions of providing TV channels to DPOs, it has been observed that commercial negotiations are fairly simpler than the legal terms and conditions. In my view, this is a result of legacy mistrust between a broadcaster and an MSO. I would, therefore, suggest that a model interconnect be prepared by TRAI, which must be the document entered into by the said parties till the industry settles down to this new environment and mutual trust develops.

    5. Broadcasters and DPOs must work together to jointly grow the business. At the end of the day, both will benefit only if the consumer pays. I think a working group comprising representatives from various industry organizations like the IBF, NBA, AIDCF, DTH Association and TRAI/MIB should be constituted along with some independent experts to facilitate the process. This should be a small group that could make valuable suggestions. Trust and transparency will need to be the hallmark for the industry to move forward and litigations must be kept out as far as possible.

    6. The government should provide more clarity on taxation issues; especially in view of the new GST regime set to be rolled out from later this year. Simultaneously, the government must seriously consider giving `industry status’ to the broadcast sector.

    7. As far as the tariff order is concerned, DPOs have an opportunity, with the different margin structures, to set their houses in order. They need to invest in the backend, introduce VAS (value added services) and look at having some unique content.

    8. From the tariff point of view broadcasters have a challenge on their hands as they know there is a price cap with restrictions on packaging (sports channels). They should seriously consider promoting events on short-term basis as there is no minimum period for subscription. We all know consumers by and large watch 12 to 15 channels. It will be interesting to see how competing broadcasters price channels in specific genres as consumers in the short-term are likely to cap their spends on TV entertainment.

    9. DPOs in smaller towns should consider forming co-operatives to work together, while at the same time retaining their individual identities.

    As a result of fresh TRAI orders, I hope there will be more discipline and transparency in the industry, which could also see mergers within platforms as this is a time to consolidate. The Indian broadcast and cable sector is on the cusp of major changes. Those who embrace change, will flourish, while the rest will slowly perish.

    public://tony_0.jpg (The author, an Indian media industry veteran, is the former CEO-Media, Hinduja Group. The views expressed here are personal, and Indiantelevision.com need not necessarily subscribe to them.)

     

  • TRAI draft tariff order skewed in favour of DPOs, will harm industry: IBF

    TRAI draft tariff order skewed in favour of DPOs, will harm industry: IBF

    NEW DELHI: The Indian Broadcasting Foundation (IBF), an apex body of broadcasting companies, has criticised sector regulator TRAI for over-regulating and proposing draft guidelines on tariff and interconnection that are skewed in favour of distribution platform operators (DPOs).

    Responding to Telecom Regulatory Authority of India (TRAI) draft orders relating to tariff, inter-connections and quality of service, IBF said the new regime will lead to “de-growth” of the industry and discourage investments and production of good quality content in the television industry.

    Pointing out that the proposed regulatory regime “regresses rather than advances”, IBF in a lengthy reply has said with over 830 channels for consumers to choose from and a large pubcaster offering of over 100 private and public TV channels, whether there a “need to regulate all aspects of a set of 200 odd pay TV channels”.

    “The question for the Authority would be, is there proven evidence of market failure that a dire need has arisen to over-regulate these 200 odd pay TV channels(?). We are of the firm belief that there is no compelling reason to regulate these channels and, accordingly, only a light touch regulation, if at all, ought to have been proposed,” IBF has submitted justifying its criticism of  draft  guidelines.

    Contending that pay TV channels (read cable and DTH services) were not essential services IBF counters there was no compelling reason to regulate these channels. “The present tariff order is based on the ‘erroneous premise’ that pay TV channels are essential services,” the broadcasting industry body said.

    Citing international copyrights and IPR laws, IBF pointed out that whole exercise undertaken by TRAI was in direct conflict with the provisions of the Indian Copyright Act, 1957.

    According to IBF, the proposed tariff and inter-connect orders conflict with the Copyright Act in the following ways and need to be “harmonised”:

    a.       The proposed tariff order(s) that impose restrictions on nature of content, prices of channels, mandated discount caps and commissions, manner of offering, etc have to be reviewed and modified in the light of specific copyright laws providing freedom to broadcast organisations to charge royalties and any other consideration/fees for their works and BRR in accordance with the market demands and contract laws.

    b.      The draft interconnect regulations issued by TRAI that take away the broadcast organisations’ exclusive rights to deal and imposes restrictions on their contractual abilities and takes away their ability to negotiate the terms of trade need to be reviewed and modified to harmonise the same with the provisions of the Copyright Act pertaining to voluntary licensing and assignments by Broadcast Organisations by permitting mutual negotiations.

    c.       The existing commercial tariff orders and regulations issued by TRAI in relation to commercial establishments is also at odds with copyright laws in as much as the Copyright Act clearly provides broadcast organisations the right to charge differential rates of royalties and license fees on commercial establishments vis-a-vis domestic/residential subscribers.

    Going a step further, IBF has raised questions over transparency and the manner in which draft guidelines were issued: “The draft consultations also do not meet the threshold of transparency mandated by Section 11(4) of the TRAI Act 1997, which requires that the Authority will ensure transparency while exercising its powers and discharging its functions.”

    Also Read:

    TRAI unlikely to take final call on draft orders soon