Tag: Indian Broadcasting Foundation

  • BARC India gets thumbs up for 2016…but challenges remain

    BARC India gets thumbs up for 2016…but challenges remain

    In the early part of the 2000 decade, Indians – still trying to settle down under a Bharatiya Janata Party (BJP)-led government at New Delhi with AB Vajpayee as the PM – always expected something unusual. And, journalists on the media beat were no exceptions. But it even took such scribes by surprise when many of them received an unmarked envelope. Inside was a list of all homes in which the then TV audience measurement company had installed peoplemeters to collect data on viewing patterns. The hint was clear: peoplemeter homes can be breached and, hence, viewership data could be manipulated.

    A small caveat and reference to the context needs to be added here: around that time, Star TV India having sunk in millions of dollars over the past decade was riding a wave of stupendous rise in terms of revenue, reach and viewership — all on the back of the success of the Amitabh Bachchan-hosted game-show Kaun Banega Crorepati. Other TV channels not only felt the heat, but had been seeing their bottomlines turn scarlet. And nothing they did on the programming front helped them change that colour. Panicking, they settled on attacking the credibility of the edifice that provided agencies and advertiserswith data to negotiate prices on advertising on the channels. A CEO of one of the top four GECs then called indiantelevision.com and told us that he could provide us the peoplemeter household details, if we were interested.

    The peoplemeter list incident was reported by media in few places and soon everything was forgotten. It was life as usual in an industry that believed then more in status quo rather than push for fresh changes and transparency.

    Cut to 2016. When in the third week of November the barely two-year-old Broadcast Audience Research Council (BARC), India’s current TV audience measurement company, in an unprecedented move conveyed to its subscribers that it was suspending for a four-week period the measurement process of three television channels there were ripples in the industry.

    The shockwaves, medium size on the Richter scale, if one can use that terminology, however, didn’t go unnoticed or unreported. Shock was more because of the fact that such moves by an industry body are few and far between in India and rarer in the television and entertainment industry, which has been the target of various allegations, starting from slush funding of movies, under-reporting of incomes by film and TV stars, the rampant casting couch and manipulation of data, amongst others.

    Why are we getting anecdotal — and being anecdotal and its criticism is a buzzword these days — for a year-ender piece on BARC? Simply because it’s one of the highlights of 2016 — a push, albeit minor, for more transparency, credibility of an organisation and the work it does.

    Though some critics would say BARC may have jumped the gun in show-causing the three news channels, it goes on to impress on the stakeholders of BARC, and the TV industry in general, that the status quo is likely to be shaken up and which could be good for the whole industry. That the three news channels pulled up by BARC got interim relief from the courts is another story.

    That an organisation like BARC India, a joint venture amongst the Indian Broadcasting Foundation, The Indian Society of Advertisers (ISA) and The Advertising Agencies Association of India (AAAI), is holding its ground and trying to be real global in terms of best practices, technology used and data is laudable. However, we think its three stakeholders, probably, would do well to come out openly and more strongly in support of such BARC actions.

    Apart from such actions aimed at transparency, the year 2016 could be termed a usual one for the barely two-year-old BARC when its rural data opened up various opportunities for all stakeholders, its on-ground education initiatives bringing in more organisations within its fold for data (it’s not commonplace for government organisations to subscribe to private sector-generated data) and its weekly data itself generating excitement within the industry.

    But looking forward isn’t it time that BARC and its direct stakeholders start thinking of digital measurement?

    It may be argued that consumption of digital media by Indians is just a blip on the viewership radar vs. traditional TV, which still remains to be fully exploited in terms of numbers and reach, but independent digital data is always more credible than those handed out by individual companies.

    In Jan 2016, BARC India ushered in the terminology Impressions’000. A year down the line, Impressions’000 has become synonymous with TV viewership data. While the terminology was introduced keeping in view the long term perspective of digital measurement, it is now time to ask if 2017 should be the year when industry adopts Impressions’000 not only as the sole metric for public reporting of data, but also as the single, universal measure for judging channel/programme performance. There is sufficient justification for all sections of industry to reference Impressions’000 to understand trends or make comparisons.

    Why we making such suggestions? Firstly, the TV viewership ecosystem is growing. In fact when BARC India unveiled All-India (urban +rural) measurement, the TV universe had doubled. Along with this, there has been a year-on-year growth in the number of TV channels — not just at an absolute level, but also at the genre level like Hindi GECs, English GECs, and English Movies. A quick visit to Ministry of Information and Broadcasting website will reveal the increase in number of licensed TV channels and those standing in the queue. However, while such additions of new TV channels to the existing universe are welcome from the point of view of consumer choice, these, inevitably, lead to viewership fragmentation too.

    With an increase in the denominator of TV universe and fragmentation of viewers, it can be argued that growth in viewership is not captured when the same is represented in percentage terms or Ratings%. In fact, referring to Ratings% may give the mistaken notion of a decline, where if one looks at an absolute number of viewers (as represented by Impressions’000), one sees a healthy growth in viewership. This is also validated by the fact that India has witnessed in 2016 launch of many new channels (as well as addition of HD feeds) even in genres where many claim a “decline” was witnessed when seen from the perspective of Ratings% .

    Looking forward, the industry could move to using Impressions rather than Ratings% as the standard of TV viewership. But, as they say, while observers may have views, it’s the professionals – who are actually carrying out their businesses using BARC data – who know the best.

    Considering BARC is an audience measurement organistaion, what ratings/impressions should it get for 2016? We feel its thumbs up….but many challenges remain.

  • Delhi HC removes legal hurdles to implement DAS IV by 1 Jan 2017

    Delhi HC removes legal hurdles to implement DAS IV by 1 Jan 2017

    NEW DELHI/ MUMBAI: The Delhi High Court has vacated all interim orders giving extension of deadline in Phase III of digitisation, thus clearing legal hurdles for complete digitisation by the stipulated deadline of 31 December 2016 when the last and Phase IV is supposed to get completed.

    The court, disposing of pending petitions, directed all petitioners to run a scroll on their networks about digitisation and analog switch-off in two weeks, apart from informing their subscribers in advance about the change-over to digital signals that will require a set-top-box (STB).

    Last month, the court overruled orders passed by various other courts in the country and, in eight other cases, vacated the stay where petitioners had sought an extension of deadline for implementing digital addressable system (DAS) in Phase III areas.

    While originally the date for implementation of DAS Phase III was 30 September 2014, it was extended to 31 December 2015 by a notification issued by the ministry of information and broadcasting (MIB). The country, as per the original plan, is supposed to be fully digitised with the completion of Phase IV by the last day of 2016.

    With the latest court directive, now it’s up to the various industry stakeholders, the government and the regulator to ensure that Phase IV is completed on schedule or as early as possible. Complete digitisation of TV services in the country is expected to bring about more transparency in the system that would benefit all.

    Indian Broadcasting Foundation (IBF) president and Zee MD Punit Goenka said, “We welcome all stakeholders into the dawn of a new era and hope that the digitisation bandwagon continues unabated in Phase IV as well, which is to be implemented from 1 January 2017.”

    IBF, an apex body of broadcasting companies, has been involved in the cases filed in various courts that were finally transferred to the Delhi High Court under the direction of the Supreme Court. “We were hit by a flurry of litigations, all filed within a space of 15 days beginning with 30 December 2015, in Andhra Pradesh and Telangana. Stays were obtained on implementation for periods of up to two months. Soon, the fire spread to 18 other high courts with over 50 petitions being filed,” said IBF secretary-general Girish Srivastava.

    Welcoming the judgement, Siti Networks Limited ED & CEO and president of All India Digital Cable Federation (AIDCF) VD Wadhwa said, “This is a landmark moment in the Digital India journey as it will clear the passage for timely implementation of DAS Phase IV. It is now obligatory on part of broadcasters and other players to disconnect analog signals within two weeks. This will also pave the way for digital revenues to flow in from these areas.” AIDCF is an industry body representing digital MSOs.

    According to Hinduja Group CEO-Media Tony DSilva, “It’s a positive step in the direction of digitisation. I would appreciate if MIB comes out with a clarification on final cut-off date for digitisation and be more realistic in the dates for Phase IV.”

    DEN CEO S N Sharma, terming the court direction as positive, said that the demand (for STBs) would increase as the legal question marks over DAS have been cleared.

    Background To Legal Cases Relating to Digitisation

    A total of 62 cases had been filed in different courts and 29 cases had been transferred by various courts to Delhi by July-end. Of the 62 cases, 12 had been disposed off by respective courts and three cases had been withdrawn by the petitioners.

    While the Andhra Pradesh and Telangana High Court had given orders extending the deadline of 31 December 2015 for Phase III, the Bombay High Court, while referring to a judgement, had said that if similar situation prevails in all states, then the stay can be pan-India. This was because the plea taken by petitioners in high courts was shortage of STBs.
     Ministry of Information and Broadcasting (MIB) had admitted that the Law Ministry had observed the order passed by the Andhra Pradesh High Court staying Phase III “appears to have all-lndia applicability”.

    Indiantelevision.com had reported in January this year that MIB had told the Punjab and Haryana High Court it had “decided not to press the requirement of having a STB as for now till the decision of the cases, which are pending before various other high courts”.

    Sensing the wildfire effect the DAS Phase III cases could have, MIB approached Supreme Court with a plea to transfer all similar cases to one high court and the apex court asked Delhi High Court in April 2016 to handle these cases and directed notices to be sent to all other high courts to forward relevant files to Delhi HC.

    Also Read:

    DAS cases put off to 23 Nov as legal processes incomplete

    Siti Networks CEO V.D. Wadhwa hails dismissal of DAS III cases by Delhi HC

     

  • Delhi HC removes legal hurdles to implement DAS IV by 1 Jan 2017

    Delhi HC removes legal hurdles to implement DAS IV by 1 Jan 2017

    NEW DELHI/ MUMBAI: The Delhi High Court has vacated all interim orders giving extension of deadline in Phase III of digitisation, thus clearing legal hurdles for complete digitisation by the stipulated deadline of 31 December 2016 when the last and Phase IV is supposed to get completed.

    The court, disposing of pending petitions, directed all petitioners to run a scroll on their networks about digitisation and analog switch-off in two weeks, apart from informing their subscribers in advance about the change-over to digital signals that will require a set-top-box (STB).

    Last month, the court overruled orders passed by various other courts in the country and, in eight other cases, vacated the stay where petitioners had sought an extension of deadline for implementing digital addressable system (DAS) in Phase III areas.

    While originally the date for implementation of DAS Phase III was 30 September 2014, it was extended to 31 December 2015 by a notification issued by the ministry of information and broadcasting (MIB). The country, as per the original plan, is supposed to be fully digitised with the completion of Phase IV by the last day of 2016.

    With the latest court directive, now it’s up to the various industry stakeholders, the government and the regulator to ensure that Phase IV is completed on schedule or as early as possible. Complete digitisation of TV services in the country is expected to bring about more transparency in the system that would benefit all.

    Indian Broadcasting Foundation (IBF) president and Zee MD Punit Goenka said, “We welcome all stakeholders into the dawn of a new era and hope that the digitisation bandwagon continues unabated in Phase IV as well, which is to be implemented from 1 January 2017.”

    IBF, an apex body of broadcasting companies, has been involved in the cases filed in various courts that were finally transferred to the Delhi High Court under the direction of the Supreme Court. “We were hit by a flurry of litigations, all filed within a space of 15 days beginning with 30 December 2015, in Andhra Pradesh and Telangana. Stays were obtained on implementation for periods of up to two months. Soon, the fire spread to 18 other high courts with over 50 petitions being filed,” said IBF secretary-general Girish Srivastava.

    Welcoming the judgement, Siti Networks Limited ED & CEO and president of All India Digital Cable Federation (AIDCF) VD Wadhwa said, “This is a landmark moment in the Digital India journey as it will clear the passage for timely implementation of DAS Phase IV. It is now obligatory on part of broadcasters and other players to disconnect analog signals within two weeks. This will also pave the way for digital revenues to flow in from these areas.” AIDCF is an industry body representing digital MSOs.

    According to Hinduja Group CEO-Media Tony DSilva, “It’s a positive step in the direction of digitisation. I would appreciate if MIB comes out with a clarification on final cut-off date for digitisation and be more realistic in the dates for Phase IV.”

    DEN CEO S N Sharma, terming the court direction as positive, said that the demand (for STBs) would increase as the legal question marks over DAS have been cleared.

    Background To Legal Cases Relating to Digitisation

    A total of 62 cases had been filed in different courts and 29 cases had been transferred by various courts to Delhi by July-end. Of the 62 cases, 12 had been disposed off by respective courts and three cases had been withdrawn by the petitioners.

    While the Andhra Pradesh and Telangana High Court had given orders extending the deadline of 31 December 2015 for Phase III, the Bombay High Court, while referring to a judgement, had said that if similar situation prevails in all states, then the stay can be pan-India. This was because the plea taken by petitioners in high courts was shortage of STBs.
     Ministry of Information and Broadcasting (MIB) had admitted that the Law Ministry had observed the order passed by the Andhra Pradesh High Court staying Phase III “appears to have all-lndia applicability”.

    Indiantelevision.com had reported in January this year that MIB had told the Punjab and Haryana High Court it had “decided not to press the requirement of having a STB as for now till the decision of the cases, which are pending before various other high courts”.

    Sensing the wildfire effect the DAS Phase III cases could have, MIB approached Supreme Court with a plea to transfer all similar cases to one high court and the apex court asked Delhi High Court in April 2016 to handle these cases and directed notices to be sent to all other high courts to forward relevant files to Delhi HC.

    Also Read:

    DAS cases put off to 23 Nov as legal processes incomplete

    Siti Networks CEO V.D. Wadhwa hails dismissal of DAS III cases by Delhi HC

     

  • 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

  • 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

  • DAS Phase IV pace slack; MIB to meet Indian STB makers

    DAS Phase IV pace slack; MIB to meet Indian STB makers

    NEW DELHI: A miniscule percentage of set-top boxes have been seeded in DAS Phase IV after August 2016 as compared to those seeded earlier in four phases when six weeks are left for the deadline for switching off analogue signals is reached.

    Although the total number of set-top boxes seeded in the country for four phases of the digital addressable system is 92.424 million till 25 October 2016, a mere 1.966 million STBs were seeded in the Phase IV areas after 31 August 2016.

    Also, the much-touted indigenously manufactured STBs with iCAS or Indian CAS too have not found much favour with industry players as no major purchase orders had been placed.

    The MIS system shows that about 2.843 million including 8,76,000 STBs in Phase III for which the deadline was 31 December 2015 have been seeded, according to figures released at the 18th Task Force meeting held on 26 October 2016.

    (Phase IV areas, needing approximately 75 million STBs according to industry estimates, mostly comprise rural India’s smaller hamlets and towns where selling the idea of digitisation and getting a STB at home itself is considered a challenging task by LCOs, MSOs and other stakeholders.)

    The Task Force was told that the Nodal Officers have been supplied with the passwords to access state wise specific reports from the MIS system. Information and Broadcasting Ministry Joint Secretary Mihir Singh who chaired the meeting said the Ministry may analyze the district wise seeding data and send the district wise status of progress of seeding to the respective States for further action.

    Meanwhile, the meeting was informed that five of the 45 cases transferred to the Delhi High Court relating to Phase III following Supreme Court directives had been disposed off. Two cases had been returned to the respective High Courts as these did not relate to DAS implementation; 23 cases were listed for hearing before a Division Bench headed by Chief Justice G Rohini and 13 cases before a single bench. Two cases are yet to be listed for hearing. The Chairperson directed that the Ministry should ensure that the court notices are delivered to the petitioners according to the directions of the court.

    Referring to the public awareness campaign through television commercials, the Chairperson said broadcasters need to increase the frequency of these spots particularly during prime time for greater impact. He directed the broadcasters to carry these spots at least four times a day, of which two should be during the prime time from 7 pm to 11 pm.

    Giving an update on the status of public awareness campaign for Phase lV, Advisor (DAS) Yogendra Pal said broadcasters, including Doordarshan, are giving wide publicity using two AV spots developed by the Ministry. He added that in addition to these spots, the Indian Broadcasting Foundation had also developed its own spot. Scrolls are also being run by broadcasters on their channels.

    The representative of the News Broadcasters Association said 62 channels of their members are carrying AV spots and are also carrying scrolls developed by them.

    The Ministry has issued an advisory to about 4500 cable operators to apply for registration as multisystem operators immediately if interested, failing which they would not be able to work as MSOs after the cut-off date of 31 December 2016. In this regard, advertisements were also published in all regional newspapers on 9 September and 1 October 2016. In order to ensure that only registered MSOs are operating in all DAS notified areas, the Ministry had requested lBF, NBA and ARTBI to provide the names of the registered MSOs, phase-wise and area-wise, with whom they have entered into interconnect agreements for pay channels to the Ministry by 28 October 2016. lt was clarified to the representatives of IBF that information has been asked in a particular format and has to be sent for all phases.

    However, the date had been put off to 4 November 2016 on the request of representatives of IBF and NBA.

    Representatives of national MSOs mentioned that the seeding in Phase IV areas was not satisfactory due to various court cases for phase III and the status will drastically change once these cases are disposed off by the Delhi High Court. It was also mentioned that most of the head-ends serving phase IV areas are located in phase III areas and hence transition to digital in phase IV areas should not pose any problem.

    The Chairperson asked the members to suggest measures to implement phase IV of digitisation by the notified cut-off date of 31 December 2016.

    Members made some suggestions in this regard. One was that the Ministry should as a pre-emptive measure consider filing caveats and the Ministry should consider extending the date till March 2017 in line with the draft revised tariff orders of Telecom Regulatory Authority of India.

    The TRAI representative opposed this, saying that revision of regulations and tariff orders is a routine exercise and cut-off date should not be linked with the issue of draft tariff orders.

    The representatives of CEAMA and DTH also opposed any extension of the cut-off date.

    Welcoming the judgement, SITI Networks Limited executive director and CEO VD Wadhwa said, “This is a landmark moment in the Digital India journey as it will also clear the passage for timely implementation of DAS Phase 4 of digitisation. The industry had been suffering due to pending litigation, and with this welcome move, all hurdles have been cleared. It is now obligatory on part of broadcasters and other players to disconnect analogue signals within two weeks.”

    All India Digital Cable Federation (AIDCF), the industry body representing Digital Multi System Operators (MSO), has asked all its members to work with broadcasters to switch off analogue signals and implement digitisation is DAS Phase III markets immediately. This will also pave the way for digital revenues to flow in from these areas as per the directives of the TRAI.

    AIDCF has also urged all local cable operators, MSOs, broadcasters and government bodies to help complete digitisation at the earliest. Federation president VD Wadhwa said: “On behalf of AIDCF, I urge all MSOs, cable operators, broadcasters to switch off analogue feeds in two weeks to comply with the honorable court’s order. We would also request government bodies to extend their good support in meeting the digitisation deadlines.”

  • DAS Phase IV pace slack; MIB to meet Indian STB makers

    DAS Phase IV pace slack; MIB to meet Indian STB makers

    NEW DELHI: A miniscule percentage of set-top boxes have been seeded in DAS Phase IV after August 2016 as compared to those seeded earlier in four phases when six weeks are left for the deadline for switching off analogue signals is reached.

    Although the total number of set-top boxes seeded in the country for four phases of the digital addressable system is 92.424 million till 25 October 2016, a mere 1.966 million STBs were seeded in the Phase IV areas after 31 August 2016.

    Also, the much-touted indigenously manufactured STBs with iCAS or Indian CAS too have not found much favour with industry players as no major purchase orders had been placed.

    The MIS system shows that about 2.843 million including 8,76,000 STBs in Phase III for which the deadline was 31 December 2015 have been seeded, according to figures released at the 18th Task Force meeting held on 26 October 2016.

    (Phase IV areas, needing approximately 75 million STBs according to industry estimates, mostly comprise rural India’s smaller hamlets and towns where selling the idea of digitisation and getting a STB at home itself is considered a challenging task by LCOs, MSOs and other stakeholders.)

    The Task Force was told that the Nodal Officers have been supplied with the passwords to access state wise specific reports from the MIS system. Information and Broadcasting Ministry Joint Secretary Mihir Singh who chaired the meeting said the Ministry may analyze the district wise seeding data and send the district wise status of progress of seeding to the respective States for further action.

    Meanwhile, the meeting was informed that five of the 45 cases transferred to the Delhi High Court relating to Phase III following Supreme Court directives had been disposed off. Two cases had been returned to the respective High Courts as these did not relate to DAS implementation; 23 cases were listed for hearing before a Division Bench headed by Chief Justice G Rohini and 13 cases before a single bench. Two cases are yet to be listed for hearing. The Chairperson directed that the Ministry should ensure that the court notices are delivered to the petitioners according to the directions of the court.

    Referring to the public awareness campaign through television commercials, the Chairperson said broadcasters need to increase the frequency of these spots particularly during prime time for greater impact. He directed the broadcasters to carry these spots at least four times a day, of which two should be during the prime time from 7 pm to 11 pm.

    Giving an update on the status of public awareness campaign for Phase lV, Advisor (DAS) Yogendra Pal said broadcasters, including Doordarshan, are giving wide publicity using two AV spots developed by the Ministry. He added that in addition to these spots, the Indian Broadcasting Foundation had also developed its own spot. Scrolls are also being run by broadcasters on their channels.

    The representative of the News Broadcasters Association said 62 channels of their members are carrying AV spots and are also carrying scrolls developed by them.

    The Ministry has issued an advisory to about 4500 cable operators to apply for registration as multisystem operators immediately if interested, failing which they would not be able to work as MSOs after the cut-off date of 31 December 2016. In this regard, advertisements were also published in all regional newspapers on 9 September and 1 October 2016. In order to ensure that only registered MSOs are operating in all DAS notified areas, the Ministry had requested lBF, NBA and ARTBI to provide the names of the registered MSOs, phase-wise and area-wise, with whom they have entered into interconnect agreements for pay channels to the Ministry by 28 October 2016. lt was clarified to the representatives of IBF that information has been asked in a particular format and has to be sent for all phases.

    However, the date had been put off to 4 November 2016 on the request of representatives of IBF and NBA.

    Representatives of national MSOs mentioned that the seeding in Phase IV areas was not satisfactory due to various court cases for phase III and the status will drastically change once these cases are disposed off by the Delhi High Court. It was also mentioned that most of the head-ends serving phase IV areas are located in phase III areas and hence transition to digital in phase IV areas should not pose any problem.

    The Chairperson asked the members to suggest measures to implement phase IV of digitisation by the notified cut-off date of 31 December 2016.

    Members made some suggestions in this regard. One was that the Ministry should as a pre-emptive measure consider filing caveats and the Ministry should consider extending the date till March 2017 in line with the draft revised tariff orders of Telecom Regulatory Authority of India.

    The TRAI representative opposed this, saying that revision of regulations and tariff orders is a routine exercise and cut-off date should not be linked with the issue of draft tariff orders.

    The representatives of CEAMA and DTH also opposed any extension of the cut-off date.

    Welcoming the judgement, SITI Networks Limited executive director and CEO VD Wadhwa said, “This is a landmark moment in the Digital India journey as it will also clear the passage for timely implementation of DAS Phase 4 of digitisation. The industry had been suffering due to pending litigation, and with this welcome move, all hurdles have been cleared. It is now obligatory on part of broadcasters and other players to disconnect analogue signals within two weeks.”

    All India Digital Cable Federation (AIDCF), the industry body representing Digital Multi System Operators (MSO), has asked all its members to work with broadcasters to switch off analogue signals and implement digitisation is DAS Phase III markets immediately. This will also pave the way for digital revenues to flow in from these areas as per the directives of the TRAI.

    AIDCF has also urged all local cable operators, MSOs, broadcasters and government bodies to help complete digitisation at the earliest. Federation president VD Wadhwa said: “On behalf of AIDCF, I urge all MSOs, cable operators, broadcasters to switch off analogue feeds in two weeks to comply with the honorable court’s order. We would also request government bodies to extend their good support in meeting the digitisation deadlines.”

  • DAS petitions challenging constitutional provisions listed for 3 November

    DAS petitions challenging constitutional provisions listed for 3 November

    NEW DELHI: With the division bench taking cognisance of several cases relating the digital addressable system (DAS) Phase III which challenge constitutional provisions, the Delhi High Court will hear the DAS cases on 3 November, 2016

    Earlier, the court of Justice Sanjeev Sachdeva had been informed that a large number of the cases transferred had constitutional implications, and therefore he had said that he, as a single bench, was not competent to handle these cases.

    The division bench headed by Chief Justice G Rohini took cognisance of these cases as the single bench of Justice Sachdeva in the last hearing on 5 October 2016 had asked lawyers to segregate cases relating to constitutional provisions.

    Justice Sachdeva had last month issued notice on two more petitions related to Phase III of DAS – filed by Om Systems of Mumbai and Digiana.

    The cases include an application by the Indian Broadcasting Foundation for being impleaded in the case

    The cases that were listed on that day included Rohtak Cable Operators’ Association, Andhra Pradesh MSOs Welfare Federation, Multi System Operators’ Welfare Association, Sai Big Star Welfare Association, Sree Devi Digital Systems, Federation of Telangana MSO, DEN Manoranjan Satellite, Victory Digital, Sri Chowdeshwary Cable Network, Shyam Baba Cable Network, Panchajanya Media, Bharat Digital Cable Network, and Yogesh Cable Networks.

    Earlier, on 26 September 2016, the division bench of Chief Justice G Rohini and Justice Ms Sangita Dhingra Sehgal had held that two matters filed by Indusind Media & Communication Ltd and Bhima Riddhi Digital Services were challenging the challenge to the constitutional validity of certain provisions of Maharashtra Entertainment Duty Act, 1923 as amended by Maharashtra Entertainment Duty (Amendment and Continuance) Act, 2014 and not the validity of the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations 2012.

    The Central Government counsel said appropriate steps would be taken before the Supreme Court to get these matters re-transferred to the respective High Courts and so the cases were adjourned sine die.

    Of the remaining, one by Rajasthan Cable Operators Foundation had been dismissed as no one appeared for the petitioners, and orders reserved in two others including one by Nasik Zilla Cable Operators Association after hearing.

    The Supreme Court had on 1 April this year accepted the plea of the Central Government that ‘it would be just and proper for this Court to transfer to Delhi High Court all cases pending in different High Courts, many of which had given injunction orders.

    A total of 62 cases had been filed by some multi-system operators (MSOs) in various courts in the country for extension in the deadline of Phase lll. Out of these 62 cases, 12 cases had been disposed off by respective courts and 3 cases had been withdrawn by the petitioners.

    (The Bombay High Court had earlier this year made a reference to the Kusum Ingots case which had said that if one high court gives an order, others can give similar orders if similar circumstances exist. indiantelevision.com had reported in January this year that the MIB had told the Punjab and Haryana high court that it had ‘decided not to press the requirement of having a STB as for now till the decision of the cases which are pending before various other high courts’).

  • DAS petitions challenging constitutional provisions listed for 3 November

    DAS petitions challenging constitutional provisions listed for 3 November

    NEW DELHI: With the division bench taking cognisance of several cases relating the digital addressable system (DAS) Phase III which challenge constitutional provisions, the Delhi High Court will hear the DAS cases on 3 November, 2016

    Earlier, the court of Justice Sanjeev Sachdeva had been informed that a large number of the cases transferred had constitutional implications, and therefore he had said that he, as a single bench, was not competent to handle these cases.

    The division bench headed by Chief Justice G Rohini took cognisance of these cases as the single bench of Justice Sachdeva in the last hearing on 5 October 2016 had asked lawyers to segregate cases relating to constitutional provisions.

    Justice Sachdeva had last month issued notice on two more petitions related to Phase III of DAS – filed by Om Systems of Mumbai and Digiana.

    The cases include an application by the Indian Broadcasting Foundation for being impleaded in the case

    The cases that were listed on that day included Rohtak Cable Operators’ Association, Andhra Pradesh MSOs Welfare Federation, Multi System Operators’ Welfare Association, Sai Big Star Welfare Association, Sree Devi Digital Systems, Federation of Telangana MSO, DEN Manoranjan Satellite, Victory Digital, Sri Chowdeshwary Cable Network, Shyam Baba Cable Network, Panchajanya Media, Bharat Digital Cable Network, and Yogesh Cable Networks.

    Earlier, on 26 September 2016, the division bench of Chief Justice G Rohini and Justice Ms Sangita Dhingra Sehgal had held that two matters filed by Indusind Media & Communication Ltd and Bhima Riddhi Digital Services were challenging the challenge to the constitutional validity of certain provisions of Maharashtra Entertainment Duty Act, 1923 as amended by Maharashtra Entertainment Duty (Amendment and Continuance) Act, 2014 and not the validity of the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations 2012.

    The Central Government counsel said appropriate steps would be taken before the Supreme Court to get these matters re-transferred to the respective High Courts and so the cases were adjourned sine die.

    Of the remaining, one by Rajasthan Cable Operators Foundation had been dismissed as no one appeared for the petitioners, and orders reserved in two others including one by Nasik Zilla Cable Operators Association after hearing.

    The Supreme Court had on 1 April this year accepted the plea of the Central Government that ‘it would be just and proper for this Court to transfer to Delhi High Court all cases pending in different High Courts, many of which had given injunction orders.

    A total of 62 cases had been filed by some multi-system operators (MSOs) in various courts in the country for extension in the deadline of Phase lll. Out of these 62 cases, 12 cases had been disposed off by respective courts and 3 cases had been withdrawn by the petitioners.

    (The Bombay High Court had earlier this year made a reference to the Kusum Ingots case which had said that if one high court gives an order, others can give similar orders if similar circumstances exist. indiantelevision.com had reported in January this year that the MIB had told the Punjab and Haryana high court that it had ‘decided not to press the requirement of having a STB as for now till the decision of the cases which are pending before various other high courts’).

  • Friend MTS announces major initiatives at IDOS 2016

    Friend MTS announces major initiatives at IDOS 2016

    GOA: Friend MTS (FMTS), a leading digital piracy containment technology and service provider, announced here at IDOS 2016 that India would be strategic to its plans over the coming years.

    Industry stalwarts from the broadcast and cable industry, spanning all segments of cable, OTT and DTH, at IDOS 2016 acknowledged the opportunity and challenges in a digital world, including that online and digital piracy is a growing menace that needs to be addressed and tackled sooner rather than later.

    The participation of FMTS at IDOS 2016 highlights this very fact as India goes digital and Indian content, its owners and creators not only surge ahead, but also grapple with digital downsides like online piracy.

    FMTS EVP Paul Hastings said, “We have engaged with almost all the stakeholders in India, ranging from broadcasters to DTH operators to OTT players to Films and Television Guild. There is recognition across the board that the next generation piracy containment service based on forensics-global identification- monitoring and takedown from FMTS will be a game changing offer to the Indian market”.

    Friends MTS’ South Asia partner Rahul Nehra added, “FMTS anti-piracy service offerings will help content owners realize substantially higher revenues and we will be working relentlessly with all stakeholders, including the government, film associations across regions and Indian Broadcasting Foundation to prepare, prevent and profit from this digital revolution.”