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Tag: MSO

  • Four broadcasters to examine headend of MSO to ensure rectification of defect pointed out by BECIL

    Four broadcasters to examine headend of MSO to ensure rectification of defect pointed out by BECIL

    New Delhi: Multi Screen Media Pvt. Ltd, Star India, Taj Television, and Indiacast UTV Media Distribution Services Pvt. Ltd have been asked by the Telecom Disputes Settlement and Appellate Tribunal to constitute a joint team or may agree upon one of them getting the inspection done by its technical team of the headend of M.C. Transmissions for any defects.

    The Tribunal said: “Normally, we should have asked BECIL to revisit the petitioner’s head end and to give a supplementary report but that would saddle the petitioner with heavy costs. Hence, we think it proper to ask the four respondent broadcasters to have a joint inspection of the petitioner’s head end by their technical people.”

    Chairman Justice Aftab Alam and member B B Srivastava directed that the inspection should be completed within 15 days and listed the matter for 8 April.
     
    Earlier following the tribunal’s order of 24 February, the Broadcasting Consulting Engineers (India) Ltd had found one defect in the Digital Addressable System (CAS, SMS and STB) available and installed at M C Tansmissions’ headend as on 16 March which “does not fully meet” the TRAI minimum requirements.

    BECIL had found that “The system of MC Transmission has the provision for blacklisting the VC whereas the provision for blacklisting of STB is yet to be deployed.”

    However, MC Transmissions counsel Nittin Bhatia said the device for blacklisting STBs had also been installed and the lacuna pointed out in the report had been fully cured.

     

  • TRAI issues draft regulations on register of interconnect agreements, wants comments by 25 April

    TRAI issues draft regulations on register of interconnect agreements, wants comments by 25 April

    New Delhi: The Telecom Regulatory Authority of India today asked stakeholders to give their views on the periodicity and authenticity of the proposed register of interconnect agreements, apart from the format for such a register.

    Stakeholders have been asked to post their comments by 25 April with counter-comments, if any, by 5 May to a consultation paper and a draft of the Register of Interconnect Agreements (Broadcasting and Cable Services) Regulations 2016.

    The primary objective of register of interconnection regulations is to prescribe the contours of a reporting system to service providers to report interconnection agreement details to the Authority so as to enable it to maintain a register of interconnect agreements as per the provisions of TRAI Act. It is also useful for monitoring and analyzing market practices prevailing for interconnection agreements. Presently, the regulations mandate service providers to report the prescribed information annually.

    One clause of the draft register is for ‘Reporting of information, relating to interconnect agreements, by broadcaster of pay channel and the distributor of TV channel’. It says every broadcaster of pay channel and distributor of TV Channel shall report the information relating to all interconnect agreements entered into by them or modifications or amendments or addendums thereto which have been signed before and after coming into effect of the regulations that are valid as on the date of commencement of the regulations and shall be reported within one month for the previous ones and by tenth of the month for the new ones.

    A para on format of reports says: “Subject to the provisions contained in regulation 5 of the regulations, the broadcaster of pay channel and the distributor of TV Channel , as the case may be, shall furnish to the Authority, the information relating to the interconnect agreements in the formats specified in Schedule-I ( Format for broadcasters of pay channels), Schedule-II (Format for MSO and HITS Operator) or Schedule-III (Format DTH and IPTV Service provider) of the regulations as applicable.”

    Stakeholders have been asked to provide suggestions on this regulation of draft regulations and also the formats given in schedules and told that they can also suggest modified format for reporting to make it simple and easy to file.

    TRAI also wants comments on how it can be ensured that service providers report accurate details in compliance of regulations, and on digitally signed method of reporting the information.

    TRAI wants to know why all information including commercial portion of register should not be made accessible to any interested stakeholders, and if the commercial information is to be made accessible, in which way can this commercial information be made accessible to fulfill the objective of non-discrimination.

    If the commercial information is not made accessible to stakeholders, then in what form the provisions under clause (vii) and (viii) of Section 11 (1) (b) of TRAI Act be implemented in broadcasting and cable sector so that the objective of non-discrimination is also met simultaneously, the stakeholders have to state.

  • TRAI issues draft regulations on register of interconnect agreements, wants comments by 25 April

    TRAI issues draft regulations on register of interconnect agreements, wants comments by 25 April

    New Delhi: The Telecom Regulatory Authority of India today asked stakeholders to give their views on the periodicity and authenticity of the proposed register of interconnect agreements, apart from the format for such a register.

    Stakeholders have been asked to post their comments by 25 April with counter-comments, if any, by 5 May to a consultation paper and a draft of the Register of Interconnect Agreements (Broadcasting and Cable Services) Regulations 2016.

    The primary objective of register of interconnection regulations is to prescribe the contours of a reporting system to service providers to report interconnection agreement details to the Authority so as to enable it to maintain a register of interconnect agreements as per the provisions of TRAI Act. It is also useful for monitoring and analyzing market practices prevailing for interconnection agreements. Presently, the regulations mandate service providers to report the prescribed information annually.

    One clause of the draft register is for ‘Reporting of information, relating to interconnect agreements, by broadcaster of pay channel and the distributor of TV channel’. It says every broadcaster of pay channel and distributor of TV Channel shall report the information relating to all interconnect agreements entered into by them or modifications or amendments or addendums thereto which have been signed before and after coming into effect of the regulations that are valid as on the date of commencement of the regulations and shall be reported within one month for the previous ones and by tenth of the month for the new ones.

    A para on format of reports says: “Subject to the provisions contained in regulation 5 of the regulations, the broadcaster of pay channel and the distributor of TV Channel , as the case may be, shall furnish to the Authority, the information relating to the interconnect agreements in the formats specified in Schedule-I ( Format for broadcasters of pay channels), Schedule-II (Format for MSO and HITS Operator) or Schedule-III (Format DTH and IPTV Service provider) of the regulations as applicable.”

    Stakeholders have been asked to provide suggestions on this regulation of draft regulations and also the formats given in schedules and told that they can also suggest modified format for reporting to make it simple and easy to file.

    TRAI also wants comments on how it can be ensured that service providers report accurate details in compliance of regulations, and on digitally signed method of reporting the information.

    TRAI wants to know why all information including commercial portion of register should not be made accessible to any interested stakeholders, and if the commercial information is to be made accessible, in which way can this commercial information be made accessible to fulfill the objective of non-discrimination.

    If the commercial information is not made accessible to stakeholders, then in what form the provisions under clause (vii) and (viii) of Section 11 (1) (b) of TRAI Act be implemented in broadcasting and cable sector so that the objective of non-discrimination is also met simultaneously, the stakeholders have to state.

  • TRAI to give its views on net neutrality soon, govt confident of achieving total digitization by year-end

    TRAI to give its views on net neutrality soon, govt confident of achieving total digitization by year-end

    New Delhi: The Telecom Regulatory Authority of India is expected to come out with its final views on net neutrality in ‘a couple of months’, its chairman R S Sharma said today. He said that the Department of Telecom had sought a comprehensive view on net neutrality.

    Speaking at the CASBAA India Forum 2016, he said TRAI had a month earlier ruled against Facebook’s Free Basics programme, upholding net neutrality and leaving a level playing field for all players. “No service provider shall offer or charge discriminatory tariffs for data services on the basis of content,” the TRAI said in the order on discriminatory pricing of data content.

    “No service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of discriminatory tariffs for data services being offered or charged to the consumer on the basis of content,” the order said. The matter came to a head when Airtel decided to charge separately for Internet-based calls, but withdrew its plan later after facing public protests.

    He admitted that the regulations had not addressed various other concerns related to net neutrality in India but said TRAI had issued a consultation paper on the subject and also received various responses from both broadcasters and telecom service providers.

    Sharma acknowledged the challenges and opportunities as the country witnesses the fourth phase of Digital Addressable System (DAS). He said, “TRAI is not here to promote legacy systems in cable TV where a structural monopoly exists. With the objective of providing the right of choice to the consumers, we will allow the march of technology. At the same time, for healthy growth of the sector, it is crucial to strike the right balance between all the stakeholders through a constructive dialogue.”

    Taking lessons from the evolution of the telecom industry, Sharma urged the stakeholders in broadcasting to actively collaborate on issues like ‘infrastructure sharing’ and ‘set-top boxes’. “Today five or six telcos are willing to share one mobile tower showing how sharing and competition can go hand in hand. This can materialise in the broadcasting space as well. While TRAI has no plans to make infrastructure sharing mandatory, it may tweak the existing licensing system to provide support to the stakeholders who are interested in the idea,” he added.

    The issue of interoperability of the set-top box was discussed at length and TRAI’s S K Gupta stressed on the importance of pushing the use of a common set-top box by different operators. He pointed out that cost of procuring and maintaining set-top boxes weighs heavily on the balance sheets of MSOs, LCOs and digital TV companies. He also said that interconnected agreements between LCOs and MSOs can give two-way cable networks to the end users.

    Information and Broadcasting Ministry Joint Secretary (Broadcasting) R Jaya said “Phase IV of cable TV digitization is one of the most prominent routes to broadband connectivity which is key for providing services to citizens. It is high time for the industry to understand the value of interconnect agreements.”  She also reassured that MIB will complete its cable TV digitization drive by the end of 2016.

    At a later session, TRAI principal adviser U K Srivastava said that the regulations were being prepared on the basis of the responses received. Addressing a session on whether OTT can make a dent in India, he said OTT was now driving telecom service providers. Regulations were therefore needed to prevent manipulation or misuse. He did not rule out the possibility of another consultation paper in view of changes in technology. Essentially, he said the process had to be open and inclusive.

    Answering a question, Srivastava said it was too early to talk about carriage fee etc., but the regulator would want to ensure that the consumer pays for the services he receives.   

    The forum examined the ripple effect of the country’s digitization initiative, bringing together all the stakeholders including multi-system operators (MSO), local cable operators (LCO), DTH players, satellite technology providers, and regulators, among others was Digital India: The Four Phases of Cable Enlightenment.

    CASBAA’S CEO Christopher Slaughter set the tone by establishing the relation between the digitization of the cable TV system in India and Prime Minister Narendra Modi’s Digital India campaign.

    Later Ministry Director (B and C) Neeti Sarkar said the ministry has minimal intervention on the content side of the broadcasting industry. “We have made our procedures smoother by allowing single window clearance at the time of launching a new channel. Having said that, there has always been room for dialogue with all stakeholders,” she said.

    TRAI advisor Sunil Kumar Singhal said that it is time to bring consumer at the centre stage and then create regulations. He said, “There is a trust deficit among stakeholders. In the last few years, significant investments have been made in the digitization drive. Now it is time for us to monetize these capabilities.”

    Ministry special secretary J S Mathur talked about the recent developments in the media and broadcasting industry. “At the Ministry, the pace of permissions has scaled up. In the first three phases of digitization, we covered 70 million (7 crore) households. We also realize the need for a broadcasting policy and are willing to have more related conversations with all stakeholders,” he said.

  • TRAI to give its views on net neutrality soon, govt confident of achieving total digitization by year-end

    TRAI to give its views on net neutrality soon, govt confident of achieving total digitization by year-end

    New Delhi: The Telecom Regulatory Authority of India is expected to come out with its final views on net neutrality in ‘a couple of months’, its chairman R S Sharma said today. He said that the Department of Telecom had sought a comprehensive view on net neutrality.

    Speaking at the CASBAA India Forum 2016, he said TRAI had a month earlier ruled against Facebook’s Free Basics programme, upholding net neutrality and leaving a level playing field for all players. “No service provider shall offer or charge discriminatory tariffs for data services on the basis of content,” the TRAI said in the order on discriminatory pricing of data content.

    “No service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of discriminatory tariffs for data services being offered or charged to the consumer on the basis of content,” the order said. The matter came to a head when Airtel decided to charge separately for Internet-based calls, but withdrew its plan later after facing public protests.

    He admitted that the regulations had not addressed various other concerns related to net neutrality in India but said TRAI had issued a consultation paper on the subject and also received various responses from both broadcasters and telecom service providers.

    Sharma acknowledged the challenges and opportunities as the country witnesses the fourth phase of Digital Addressable System (DAS). He said, “TRAI is not here to promote legacy systems in cable TV where a structural monopoly exists. With the objective of providing the right of choice to the consumers, we will allow the march of technology. At the same time, for healthy growth of the sector, it is crucial to strike the right balance between all the stakeholders through a constructive dialogue.”

    Taking lessons from the evolution of the telecom industry, Sharma urged the stakeholders in broadcasting to actively collaborate on issues like ‘infrastructure sharing’ and ‘set-top boxes’. “Today five or six telcos are willing to share one mobile tower showing how sharing and competition can go hand in hand. This can materialise in the broadcasting space as well. While TRAI has no plans to make infrastructure sharing mandatory, it may tweak the existing licensing system to provide support to the stakeholders who are interested in the idea,” he added.

    The issue of interoperability of the set-top box was discussed at length and TRAI’s S K Gupta stressed on the importance of pushing the use of a common set-top box by different operators. He pointed out that cost of procuring and maintaining set-top boxes weighs heavily on the balance sheets of MSOs, LCOs and digital TV companies. He also said that interconnected agreements between LCOs and MSOs can give two-way cable networks to the end users.

    Information and Broadcasting Ministry Joint Secretary (Broadcasting) R Jaya said “Phase IV of cable TV digitization is one of the most prominent routes to broadband connectivity which is key for providing services to citizens. It is high time for the industry to understand the value of interconnect agreements.”  She also reassured that MIB will complete its cable TV digitization drive by the end of 2016.

    At a later session, TRAI principal adviser U K Srivastava said that the regulations were being prepared on the basis of the responses received. Addressing a session on whether OTT can make a dent in India, he said OTT was now driving telecom service providers. Regulations were therefore needed to prevent manipulation or misuse. He did not rule out the possibility of another consultation paper in view of changes in technology. Essentially, he said the process had to be open and inclusive.

    Answering a question, Srivastava said it was too early to talk about carriage fee etc., but the regulator would want to ensure that the consumer pays for the services he receives.   

    The forum examined the ripple effect of the country’s digitization initiative, bringing together all the stakeholders including multi-system operators (MSO), local cable operators (LCO), DTH players, satellite technology providers, and regulators, among others was Digital India: The Four Phases of Cable Enlightenment.

    CASBAA’S CEO Christopher Slaughter set the tone by establishing the relation between the digitization of the cable TV system in India and Prime Minister Narendra Modi’s Digital India campaign.

    Later Ministry Director (B and C) Neeti Sarkar said the ministry has minimal intervention on the content side of the broadcasting industry. “We have made our procedures smoother by allowing single window clearance at the time of launching a new channel. Having said that, there has always been room for dialogue with all stakeholders,” she said.

    TRAI advisor Sunil Kumar Singhal said that it is time to bring consumer at the centre stage and then create regulations. He said, “There is a trust deficit among stakeholders. In the last few years, significant investments have been made in the digitization drive. Now it is time for us to monetize these capabilities.”

    Ministry special secretary J S Mathur talked about the recent developments in the media and broadcasting industry. “At the Ministry, the pace of permissions has scaled up. In the first three phases of digitization, we covered 70 million (7 crore) households. We also realize the need for a broadcasting policy and are willing to have more related conversations with all stakeholders,” he said.

  • MIB directs TV channels, MSOs, FM channels to follow directives of Delhi HC on Balaji comedy

    MIB directs TV channels, MSOs, FM channels to follow directives of Delhi HC on Balaji comedy

    New Delhi: Doordarshan and all private channels were today asked by the Information and Broadcasting ministry to comply with the directive of the Delhi High Court not to telecast or publicise in any manner the film Kya Kool Hain Hum 3.

     Justin Vipin Sanghi had passed the order earlier this year on a petition by Balaji Motion Pictures against WWW.1337.YOOTORRENT.COM and others barring them “from  communicating, making available, distributing ,duplicating, displaying, releasing, showing, uploading, downloading, exhibiting, playing, defraying the movie Kya KoolHai Hum 3 in any manner whatsoever without obtaining prior license from the plaintiff or in any other manner that would infringe the plaintiffs copyright in the said cinematograph film through any medium whatsoever.”

     Thirty-six other defendants were directed to ensure compliance of the order by the other defendants.

    The ministry directive dated 14 March was addressed to News Broadcasters Association (NBA), Indian Broadcasting Foundation Association of Regional Television Broadcasters of India, all TV Channels, all MSOs, and all FM Stations.

    In the petition, Balaji had said that release of any material or the film itself would lead to colossal losses to the company.

     Balaji impleading 300 defendants of which 1 to 203 are websites allegedly engaged in the business of uploading content. The plaintiff apprehends that the said websites may even upload unlicensed copy of the plaintiffs film Kya Kool Hai Hum3, of which the plaintiff claims to be the producer and copyright holder. defendants no.204 to 238 are Internet Service Providers (ISP), who are engaged in the business of providing basic telephony, mobile services and broadband network all over the world and are covered by the Information Technology Act, 2000 as well as Copyright Act, 1957 and the Telecom Regulatory Authority of India Act, 1997 (TRAI Act).

     The Ministry of Communication & Information Technology has been impleaded as defendant no.239. The plaintiff stated that defendants no.204 to 239 have been impleaded so that the orders that may be passed by the court may be implemented by them by blocking the infringing URLs of websites such as defendants no.1 to 203. Defendants no.240 to260 and 260-274 are Multi System Operators (MSOs) and cable operators governed by the Cable Network RegulationAct 1995 and the TRAI Act. The plaintiff stated that various MSOs and cable operators, including in Delhi could be engaged in unauthorised unlicensed production and broadcast, on their local channels and through other means, of various pirated contents, including cinematograph films through their cable network. The apprehension of the plaintiff was that the said defendants may indulge in broadcast of the aforesaid copyright of the plaintiff, which at the time of the court order of 19 January was yet to be released (on 22 January) and Balaji apprehends will infringe the copyright m  the  aforesaid cinematograph film.

  • MIB directs TV channels, MSOs, FM channels to follow directives of Delhi HC on Balaji comedy

    MIB directs TV channels, MSOs, FM channels to follow directives of Delhi HC on Balaji comedy

    New Delhi: Doordarshan and all private channels were today asked by the Information and Broadcasting ministry to comply with the directive of the Delhi High Court not to telecast or publicise in any manner the film Kya Kool Hain Hum 3.

     Justin Vipin Sanghi had passed the order earlier this year on a petition by Balaji Motion Pictures against WWW.1337.YOOTORRENT.COM and others barring them “from  communicating, making available, distributing ,duplicating, displaying, releasing, showing, uploading, downloading, exhibiting, playing, defraying the movie Kya KoolHai Hum 3 in any manner whatsoever without obtaining prior license from the plaintiff or in any other manner that would infringe the plaintiffs copyright in the said cinematograph film through any medium whatsoever.”

     Thirty-six other defendants were directed to ensure compliance of the order by the other defendants.

    The ministry directive dated 14 March was addressed to News Broadcasters Association (NBA), Indian Broadcasting Foundation Association of Regional Television Broadcasters of India, all TV Channels, all MSOs, and all FM Stations.

    In the petition, Balaji had said that release of any material or the film itself would lead to colossal losses to the company.

     Balaji impleading 300 defendants of which 1 to 203 are websites allegedly engaged in the business of uploading content. The plaintiff apprehends that the said websites may even upload unlicensed copy of the plaintiffs film Kya Kool Hai Hum3, of which the plaintiff claims to be the producer and copyright holder. defendants no.204 to 238 are Internet Service Providers (ISP), who are engaged in the business of providing basic telephony, mobile services and broadband network all over the world and are covered by the Information Technology Act, 2000 as well as Copyright Act, 1957 and the Telecom Regulatory Authority of India Act, 1997 (TRAI Act).

     The Ministry of Communication & Information Technology has been impleaded as defendant no.239. The plaintiff stated that defendants no.204 to 239 have been impleaded so that the orders that may be passed by the court may be implemented by them by blocking the infringing URLs of websites such as defendants no.1 to 203. Defendants no.240 to260 and 260-274 are Multi System Operators (MSOs) and cable operators governed by the Cable Network RegulationAct 1995 and the TRAI Act. The plaintiff stated that various MSOs and cable operators, including in Delhi could be engaged in unauthorised unlicensed production and broadcast, on their local channels and through other means, of various pirated contents, including cinematograph films through their cable network. The apprehension of the plaintiff was that the said defendants may indulge in broadcast of the aforesaid copyright of the plaintiff, which at the time of the court order of 19 January was yet to be released (on 22 January) and Balaji apprehends will infringe the copyright m  the  aforesaid cinematograph film.

  • TRAI permits flexibility in interconnect agreements without dilution of model agreement

    TRAI permits flexibility in interconnect agreements without dilution of model agreement

    New Delhi: In view of several disputes in TDSAT and various high courts on the issue, the Telecom Regulatory Authority of India has prescribed formats of the Model Interconnection Agreement (MIA) and Standard Interconnection Agreement (SIA) to be signed between the multisystem operator and the local cable operator for provisioning of cable TV services through the Digital Addressable Systems (DAS)

    The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Seventh Amendment) Regulations 2016 issued yesterday said MSO and LCO may enter into an interconnection agreement on lines of the MIA, or by signing the agreement strictly in terms of the SIA. Even as flexibility has been allowed on some issues, it has been mandated that the parties shall ensure that no such agreement will have the effect of diluting any of the conditions laid down in the MIA. 

    If the parties decide to enter into interconnection agreement on the terms of SIA, no addition, alteration and deletion of the clauses provided therein is allowed. They have the flexibility to modify clauses 10, 11 and 12 of the MIA through mutual agreement without altering or deleting any other clause of MIA. They also have a freedom to add additional clauses through mutual agreement to the MIA for stipulating any additional conditions.

    In a press release, the Authority said it was of the view that “the prescription of formats of MIA and SIA will pave the way for growth of the sector, result in reduction of disputes between the MSOs and LCOs, provide level playing field to the parties and increase healthy competition in the sector which ultimately will help in better quality of services to the subscribers.”

    Earlier in 2012, the Authority notified a comprehensive regulatory framework for DAS encompassing the interconnection regulation, the quality of service regulation, the tariff order and the consumer complaint redressal regulation.

    The interconnection regulation for DAS prescribes that MSO and LCO shall enter into a written interconnection agreement before provisioning of cable TV services to the subscribers. It was mandated that the interconnection agreement between MSO and LCO shall clearly earmark the roles and responsibilities in conformance to the quality of service regulations issued by the Authority from time to time.

    However, the Authority, while notifying the comprehensive regulatory framework for DAS did not notify any format specifying the terms and conditions for interconnection agreement as there could be various ways in which MSO and LCO can share the responsibilities in the interconnection agreement.

    TRAI received a large number of complaints regarding various issues in signing of the interconnection agreement between MSO and LCO. On the one end, the LCOs represented that the terms and conditions of draft agreements offered by MSOs are one sided and do not provide a level playing field. On the other end, the MSOs indicated that the LCOs are not willing to follow the terms and conditions of interconnection agreement already executed between them.

    It was noticed that the roles and responsibilities of MSO and LCO for meeting the quality of service norms as prescribed in the Quality of Service Regulations 2012 were not clearly defined in the interconnection agreement signed by them; due to which, in the event of any dispute between them the quality of service delivered to the consumers gets adversely affected.

    A comprehensive consultation process was carried out by the Authority to address the issue and the Authority decided to prescribe the terms and conditions for interconnection agreement in such a way that it addresses the various concerns of the stakeholders as well as it provide enough flexibility for accommodating various plausible business models between MSO and LCO.

    The full text of the Regulation is available on TRAI’s website www.trai.gov.in.

  • TRAI permits flexibility in interconnect agreements without dilution of model agreement

    TRAI permits flexibility in interconnect agreements without dilution of model agreement

    New Delhi: In view of several disputes in TDSAT and various high courts on the issue, the Telecom Regulatory Authority of India has prescribed formats of the Model Interconnection Agreement (MIA) and Standard Interconnection Agreement (SIA) to be signed between the multisystem operator and the local cable operator for provisioning of cable TV services through the Digital Addressable Systems (DAS)

    The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Seventh Amendment) Regulations 2016 issued yesterday said MSO and LCO may enter into an interconnection agreement on lines of the MIA, or by signing the agreement strictly in terms of the SIA. Even as flexibility has been allowed on some issues, it has been mandated that the parties shall ensure that no such agreement will have the effect of diluting any of the conditions laid down in the MIA. 

    If the parties decide to enter into interconnection agreement on the terms of SIA, no addition, alteration and deletion of the clauses provided therein is allowed. They have the flexibility to modify clauses 10, 11 and 12 of the MIA through mutual agreement without altering or deleting any other clause of MIA. They also have a freedom to add additional clauses through mutual agreement to the MIA for stipulating any additional conditions.

    In a press release, the Authority said it was of the view that “the prescription of formats of MIA and SIA will pave the way for growth of the sector, result in reduction of disputes between the MSOs and LCOs, provide level playing field to the parties and increase healthy competition in the sector which ultimately will help in better quality of services to the subscribers.”

    Earlier in 2012, the Authority notified a comprehensive regulatory framework for DAS encompassing the interconnection regulation, the quality of service regulation, the tariff order and the consumer complaint redressal regulation.

    The interconnection regulation for DAS prescribes that MSO and LCO shall enter into a written interconnection agreement before provisioning of cable TV services to the subscribers. It was mandated that the interconnection agreement between MSO and LCO shall clearly earmark the roles and responsibilities in conformance to the quality of service regulations issued by the Authority from time to time.

    However, the Authority, while notifying the comprehensive regulatory framework for DAS did not notify any format specifying the terms and conditions for interconnection agreement as there could be various ways in which MSO and LCO can share the responsibilities in the interconnection agreement.

    TRAI received a large number of complaints regarding various issues in signing of the interconnection agreement between MSO and LCO. On the one end, the LCOs represented that the terms and conditions of draft agreements offered by MSOs are one sided and do not provide a level playing field. On the other end, the MSOs indicated that the LCOs are not willing to follow the terms and conditions of interconnection agreement already executed between them.

    It was noticed that the roles and responsibilities of MSO and LCO for meeting the quality of service norms as prescribed in the Quality of Service Regulations 2012 were not clearly defined in the interconnection agreement signed by them; due to which, in the event of any dispute between them the quality of service delivered to the consumers gets adversely affected.

    A comprehensive consultation process was carried out by the Authority to address the issue and the Authority decided to prescribe the terms and conditions for interconnection agreement in such a way that it addresses the various concerns of the stakeholders as well as it provide enough flexibility for accommodating various plausible business models between MSO and LCO.

    The full text of the Regulation is available on TRAI’s website www.trai.gov.in.

  • Fifteen cases for extension of Phase III DAS, Rathore says digitization nearly over in most parts

    Fifteen cases for extension of Phase III DAS, Rathore says digitization nearly over in most parts

    New Delhi: Parliament was told today that cases had been filed or were still pending in around fifteen cities or states seeking extension of the deadline of 31 December 2015 on the ground of shortage of set top boxes with regard to Phase III of Digitization Addressable System.

    Minister of State for Information and Broadcasting Rajyavardhan Rathore told the Rajya Sabha that courts in these places had either granted extension of two months or dismissed the petitions with the directions not to disconnect the cable TV network operated by the petitioners and allowed them to operate in analogue system for two to three months  

    These included Andhra Pradesh, Telangana, Nashik, Orissa, Chandigarh, Allahabad, Indore, Kerala, Chhattisgarh, Jaipur, Karnataka, Guwahati, Kolkata and Shimla etc.

    In its order, the Bombay high court had said: “Since the Andhra Pradesh high court and Sikkim high court have passed an order of status quo, in view of the observations made by the apex court in the case Kusum Ingots & Alloys Ltd. Vs. Union of India [(2004) 6 Supreme Court Cases 254] and more particularly, paragraph 22 of the said order, the question of grant of interim order does not arise in this case.”

    The Hyderabad high court in the Telangana and Andhra Pradesh cases further extended the stay for 4 weeks beyond 29 February.

    The minister said that the Government was defending all the cases and had also filed a transfer petition in the Supreme Court.

    Meanwhile, Rathore said digitization has almost been completed in the states of Arunachal Pradesh, Assam, Meghalaya, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Kerala, Karnataka, Jammu & Kashmir, Maharashtra, Nagaland, Punjab, Sikkim, Uttrakhand, West Bengal and Andaman & Nicobar according to information received from stakeholders.

    The data provided by the multi system operators (MSOs), direct to home (DTH) and HITS operators shows that digitisation in Andhra Pradesh, Jharkhand, Chhattisgarh, Odisha, Rajasthan, Uttar Pradesh, and Dadra and Nagar Haveli is nearing completion. In other states and Union Territories it is yet to be fully achieved.

    He said that public awareness campaigns were launched in print and electronic media to ensure timely completion.

    Since involvement of state governments was crucial for the implementation of digitization, 13 orientation workshops for state and district level nodal officers were held at both central and regional levels. Twelve regional units were established for coordination. Toll free helpline was made operational. A management information system (MIS) was developed wherein MSOs, DTH and HITS operators were entering the details of area wise seeding of STBs at least once a week.

    A total of 727 MSOs had been issued registration till 21 February and regular monitoring of progress was made.

    Referring to earlier phases, he said it had been completed in Delhi, Kolkata, and Mumbai had been completed on 31 October 2012, except in Chennai since some court cases are pending there.

    Phase-II of the cable TV digitization which covered 38 cities having the population more than 10 lakh has been completed by 31 March 2013 except in Coimbatore where some court cases are pending.