ITV

Tag: Multi-System Operators

  • TRAI tariff order, interconnect regulations; date for responses extended

    TRAI tariff order, interconnect regulations; date for responses extended

    NEW DELHI: Stakeholders wanting to give in their reactions to the latest draft Tariff order for Digital Addressable Systems, the Quality of Service and Consumer Protection Regulations, and the draft interconnect regulations have been given time till 15 November 2016 to respond.

    The Telecom Regulatory Authority of India, which had issued these three documents, had earlier given other dates but has given a final extension to give an opportunity to the stakeholders to offer their comments but has made it clear that there will be no further extensions.

    The documents have been issued after considering the views expressed by the stakeholders during the consultation process and internal analysis of TRAI.

    Clearly, this is because the final phase of DAS comes into effect from 1 January 2017.  

    The Draft “Telecommunication (Broadcasting and Cable Services (Eighth) (Addressable Systems) Tariff Order 2016 and the Draft “The Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations 2016 had been issued on 10 October 2016.

    Later, TRAI had issued the Draft Interconnection Regulation for TV Broadcasting Services provided through Addressable Systems on 14 October 2016.

    In a note on its website, TRAI said the whole process had begun when it issued a Consultation Paper on “Tariff  Issues related to TV Services” on 29 January 2016 in order to holistically review the existing regulatory framework for TV broadcasting services delivered through addressable systems. TRAI had also issued a Consultation Paper on “Interconnection framework for Broadcasting TV Services distributed through Addressable Systems” on 4 May 2016 inviting comments. Subsequently, a Consultation Paper on “Issues related to Quality of Services in Digital Addressable Systems and Consumer Protection for TV Broadcasting Services” was issued on 18 May 2016.

    In order to further discuss with the stakeholders, the issues involved in the said consultation papers, Open House Discussions (OHDs) were also conducted on all the three consultation papers.

    Also read

    http://www.indiantelevision.com/regulators/trai/trai-releases-draft-tariff-consumer-das-regulations-161010

    http://www.indiantelevision.com/regulators/trai/offer-premium-channels-as-a-la-carte-dont-bundle-trai-161010

    http://www.indiantelevision.com/regulators/trai/trai-may-check-broadcasters-distributors-monopolistic-behaviour-161012

    and

    http://www.indiantelevision.com/regulators/trai/trai-issues-comprehensive-interconnect-draft-guidelines-161014

  • TRAI tariff order, interconnect regulations; date for responses extended

    TRAI tariff order, interconnect regulations; date for responses extended

    NEW DELHI: Stakeholders wanting to give in their reactions to the latest draft Tariff order for Digital Addressable Systems, the Quality of Service and Consumer Protection Regulations, and the draft interconnect regulations have been given time till 15 November 2016 to respond.

    The Telecom Regulatory Authority of India, which had issued these three documents, had earlier given other dates but has given a final extension to give an opportunity to the stakeholders to offer their comments but has made it clear that there will be no further extensions.

    The documents have been issued after considering the views expressed by the stakeholders during the consultation process and internal analysis of TRAI.

    Clearly, this is because the final phase of DAS comes into effect from 1 January 2017.  

    The Draft “Telecommunication (Broadcasting and Cable Services (Eighth) (Addressable Systems) Tariff Order 2016 and the Draft “The Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations 2016 had been issued on 10 October 2016.

    Later, TRAI had issued the Draft Interconnection Regulation for TV Broadcasting Services provided through Addressable Systems on 14 October 2016.

    In a note on its website, TRAI said the whole process had begun when it issued a Consultation Paper on “Tariff  Issues related to TV Services” on 29 January 2016 in order to holistically review the existing regulatory framework for TV broadcasting services delivered through addressable systems. TRAI had also issued a Consultation Paper on “Interconnection framework for Broadcasting TV Services distributed through Addressable Systems” on 4 May 2016 inviting comments. Subsequently, a Consultation Paper on “Issues related to Quality of Services in Digital Addressable Systems and Consumer Protection for TV Broadcasting Services” was issued on 18 May 2016.

    In order to further discuss with the stakeholders, the issues involved in the said consultation papers, Open House Discussions (OHDs) were also conducted on all the three consultation papers.

    Also read

    http://www.indiantelevision.com/regulators/trai/trai-releases-draft-tariff-consumer-das-regulations-161010

    http://www.indiantelevision.com/regulators/trai/offer-premium-channels-as-a-la-carte-dont-bundle-trai-161010

    http://www.indiantelevision.com/regulators/trai/trai-may-check-broadcasters-distributors-monopolistic-behaviour-161012

    and

    http://www.indiantelevision.com/regulators/trai/trai-issues-comprehensive-interconnect-draft-guidelines-161014

  • TRAI asks MSOs to not disconnect signals without 3 weeks notice

    TRAI asks MSOs to not disconnect signals without 3 weeks notice

    NEW DELHI: With the deadline for completion of Phase III of Digital Addressable System (DAS) approaching fast, the Telecom Regulatory Authority of India (TRAI) today said that no multi system operators (MSO) will disconnect the signals of TV channels of a linked local cable operator (LCO) without giving three weeks’ notice to such LCO, clearly specifying the reasons for the proposed disconnection. 

     

    The Regulatory framework provides that the channels subscribed by a subscriber should not be switched off or discontinued without following the proper procedure provided in the Quality of Service Regulations for DAS, TRAI said. 

     

    The MSOs providing cable TV services through DAS were advised not to degrade or stop or switch off any channel without following the proper procedure laid in the regulations. 

     

    TRAI also reminded MSOs and linked LCOs that set top boxes (STBs) have to be repaired or replaced without any extra charge with new STBs within 24 hours of the receipt of the complaint. 

     

    The complaint can be pertaining to malfunctoning from a subscriber, if the STB is covered within the warranty or it has been acquired by the subscriber on hire purchase scheme or on rental basis.

     

    The MSOs providing cable TV services were advised to ensure rectification of consumer complaints within 24 hour under the “Standards of Quality of Service (Digital Addressable Cable TV Systems) Regulations 2012. For adhering to the timelines provided in the regulation, spare STBs may be given to the linked LCOs to ensure speedy restoration of services.

     

    TRAI said in cable TV sector it is generally observed that the consumers approach linked LCOs for immediate redressal of their complaints. For redressal of such complaints of consumers received by the LCOs, MSOs are required to lay down proper communication procedures to register complaints through LCOs and get then addressed on priority.

     

    The directive regarding disconnections is under the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations 2012.

  • LCOs can jointly file petitions to air grievances: TDSAT

    LCOs can jointly file petitions to air grievances: TDSAT

    NEW DELHI: In a preliminary observation that may have far-reaching consequences, the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has found no legal impediment in local cable operators (LCOs) coming together in an association to raise their grievances.
     
     
    TDSAT rejected the preliminary objection by Siti Cable Networks counsel Tejveer Bhatia that under Section 14 of the Telecom Regulatory Authority of India Act, the Tribunal has the jurisdiction to adjudicate any dispute between (i) a licensor and licensee; (ii) two or more service providers; and (iii) a service provider and a group of consumers. 
     
     
    According to Bhatia, the Jabalpur Cable Operators Welfare Association does not come under any of these three categories. 
     
     
    TDSAT chairman Justice Aftab Alam, member Kuldip Singh, and B B Srivastava said, “We are unable to accept the objection. The petitioner is a registered association of cable operators. It is representing 90 cable
    operators, who are in dispute with the respondent, a multi system operator.”
     
     
    The Tribunal said, “The nature of the dispute between the cable operators and the MSO is the same. Each of the cable operator is a service provider and each of them can approach this Tribunal in respect of its disputes with the respondent. But being small operators they may not have the necessary wherewithall and the resources to agitate its grievances before the Tribunal sited in Delhi. If, therefore, for financial and logistical reasons, the cable operators pool their resources and authorise the association to represent them before the Tribunal, we see no legal impediment in their maintaining this petition. More so, as each of the cable operator by virtue of the
    authorisation given to the association, will be bound by the orders passed in this petition.”
     
     
    Noting that the issues raised in the petition are substantial and need consideration by the Tribunal, it directed the parties to maintain status quo until further orders. In case any payment falls due before the next date in this case, the cable operators (90 in number) will make payment to Siticable at the rate at which each of them made the last payment. Subject to this direction, Siticable will not discontinue supply of its signals to the cable operators.
     
     
    The Tribunal directed Bhatia to file the reply within a week. But it said Bhatia will be free to reagitate the issue of maintainability of the petition, and the point, if so required may be considered in greater detail. 
     
     
    Listing the matter for 6 October, the Tribunal said rejoinder, if any, may be filed within a week from the date of receipt of copy of the reply.
  • Sun Distribution & Andhra MSO to mutually examine LCO subscriber base

    Sun Distribution & Andhra MSO to mutually examine LCO subscriber base

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

     

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

     

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

     

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

     

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

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

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

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

     

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

     

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

     

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

     

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

     

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

     

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

  • Tariff Hike Case: SC rejects appeal challenging TDSAT order; asks TRAI to out new tariff

    Tariff Hike Case: SC rejects appeal challenging TDSAT order; asks TRAI to out new tariff

    NEW DELHI: Dismissing the appeal challenging an order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) setting aside the amendments in two tariff orders, which had sought to put an inflation-linked hike of 27.5 per cent on addressable and non-addressable systems, the Supreme Court today asked the Telecom Regulatory Authority of India (TRAI) to come up with new tariff as early as possible.

    The Court also said that the multi-system operators (MSOs) will not insist on a refund of their payments to broadcasters but will wait for the new tariff orders.

    Thus, the apex Court held intact the 28 April order of the Tribunal holding as ‘untenable’ the Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order, 2014’ and ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order, 2014’.

    Appellants Indian Broadcasting Foundation (IBF), Star India, Vijay Television, Viacom18 and Sun TV had sought stay on the ground of wholesale price index. They also sought to argue that there was consultation prior to issuance of the Tariff orders, which they said were not strictly Tariff orders.

    While the appellants were represented by senior advocates Kapil Sibal and Abhishek Manu Singhvi, the defendant Home Cable Network Services Pvt Ltd and Vikki Choudhary were represented by senior counsel Aman Lekhi and Vivek Sarin.

    When the appellants late last month sought early hearing, the Court asked TRAI not to give effect to its direction asking broadcasters to roll back the 27.5 per cent tariff hike for non-addressable areas until the next hearing. The regulator had on 27 July asked broadcasters to revise their wholesale tariffs, even though it had noted that the Supreme Court had declined to stay the TDSAT order.

    In its order, TDSAT had said TRAI “will be well advised to have a fresh look at the various tariff orders in a holistic manner and come out with a comprehensive tariff order in supersession of all the earlier tariff orders.”

    “While doing so, it may consider all the agreements and relevant data available with it. It may consider differentiating between content which is of a monopolistic nature as against that the like of which is shown by other channels also.”

    “It may also consider classifying the content into premium and basic tiers. It may identify the major cost components so that increase or decrease in such costs may be suitably factored while working out the inflationary hikes. Increase in costs of such components as may be available in indexes such as Wholesale Price Index (WPI), GDP deflator etc. can then be applied. While working out the tariffs, the effort should be to encourage a correct declaration of SLR. While carrying out the exercise, it may take the inputs from various stakeholders and give a reasoned order for accepting or rejecting the same. We want to be amply clear that the above are only some suggestions and TRAI being an expert body may arrive at suitable tariffs independently; it is up to it to consider the above and/or any other factors,” the Tribunal said.

    The IBF had come in as an intervener while the other interveners were direct to home (DTH) operators, MSOs, Association of Cable Operators and cable operators.

    TRAI had allowed a 15 per cent hike from 1 April, 2014. The second installment of 12.5 per cent tariff hike came into effect from 1 January, 2015.

    TRAI said the inflationary increases given by it were based on increase in the WPI. In the Explanatory Memorandum with the Second Amendment to the Principal Tariff Order, it was explained that for making adjustments for inflation WPI had been used. It was explained that Consumer Price Index (CPI) was not used as latest information for this was not available and further this related to certain specific consumption baskets. As per the Explanatory Memorandum to the impugned Tariff Order, the WPI has increased by 43.69 per cent and giving a pass through of 63 per cent, an inflation linked increase of 27.5 per cent is allowed.    

  • MIB safeguards itself, asks applicant MSOs to sign affidavit

    MIB safeguards itself, asks applicant MSOs to sign affidavit

    NEW DELHI: Even as the Ministry of Home Affairs (MHA) continues to delay security clearances to multi-system operators (MSO), the Ministry of Information and Broadcasting (MIB) today asked applicants to file their applications in an affidavit. The affidavit wants MSOs to commit that they have no criminal cases pending against them, and that they will shut down if they are refused security clearance.

     

    The MIB has also asked applicant MSOs to commit that in the event of any closure due to security clearance refusal by the Home Ministry, the applicants will not have any claim whatsoever against the Government for any investment that they made pursuant to the provisional registration.

     

    The note also bars those MSOs – or their parent companies – that have been barred provisional registration earlier.

     

    It is learnt that around 700 applications by MSOs are either pending with the MIB or the Home Ministry for permanent license under digital addressable system (DAS).

     

    A source from the ministry told Indiantelevision.com that the commitment had always been a part of the agreement between MSOs and the government, but it had now been decided to take it in the form of an affidavit, which would give it greater legal sanctity.

     

    However, sources from the MSO fraternity were of the opinion that the aim of the new affidavit appeared to be to prevent MSOs from filing cases in courts of law on being denied permanent registration. One major example was Kal Cables where the Madras High Court had asked the MIB last year to explain why registration was being denied.

     

    At the outset, the Ministry notes that, “A large number of applications for grant of MSO registrations have been received in the Ministry. All complete applications have been sent to Ministry of Home Affairs for security clearance, as security clearance is mandatory as per rule11C of the Cable TV Networks Rules, 1994 for grant of MSO registration.”

     

    However, the Ministry says that as per rule 11E of the Cable TV Networks Rules 1994, there is a provision to issue provisional registration on preliminary scrutiny of application provided such provisional registration shall not confer any right to the applicant to claim regular registration; and the provisional registration will stand cancelled where regular registration is refused.

     

    Furthermore, the note says those applicants will not be considered for provisional registration whose applications are incomplete, who do not furnish the affidavit and their willingness to obtain provisional registration, who have been denied security clearance earlier, and whose parent and/or subsidiary company(s) has/have been denied security clearance earlier.

  • Govt earns Rs 7.41 crore as processing fee from applicant MSOs

    Govt earns Rs 7.41 crore as processing fee from applicant MSOs

    NEW DELHI: The Government has collected a sum of Rs 7.41 crore during the last three years until 27 January, 2015 from Multi System Operators (MSOs) for providing digital addressable Cable TV service in the country.

     

    The Ministry of Information and Broadcasting (MIB) collects Rs 1 lakh from each applicant as processing fee at the time of submission of application for registration of MSOs.

     

    It received Rs 3 lakh in 2011-12, Rs  1.80 crore in 2012-13; Rs 79 lakh in 2013-14; and Rs 79 lakh in 2015 (up to 27 January).

     

    Ministry sources told Indiantelevision.com that some of the States have levied entertainment tax on cable services, which is collected directly by the concerned State Governments. In addition, cable operators are also required to pay service tax and any other applicable taxes to the Central Government.

     

    However, the MIB does not maintain any information relating to collection of these taxes.

  • 169 MSOs get 10-year licenses under DAS

    169 MSOs get 10-year licenses under DAS

    NEW DELHI: With the addition of eleven more multi-system operators (MSOs) after 25 March, the number of MSOs who have been granted permanent registration for ten years to operate the digital addressable system (DAS) has gone up to 169, even as the Home Ministry has been forwarded the names of 82 MSOs who have been awaiting security clearance for a long time.

     

    Most of these MSOs had been given provisional permission earlier. The new list is as on 10 April.

     

    The MSOs who have received permission after 25 March are: M C Transmission of Bhatinda for Punjab; Skyvision Master Channel for In Yanam and East Godavari District; Arohon Cable TV Network of West Bengal for 24 paraganas (south) which includes Amtala, Bishnupur, Daulatabad, Gabberia, Julpia, baruipur, Mruogranut, Srichanda, Bhasa, Bibirhut, Pailan, Roypur, Fatehpur, Sirakol, Sibanipur, Falta etc. and District of Howrah in the state of west Bengal under Phase III and IV; Machillipatnam Communication for entire Andhra Pradesh under Phase III & IV; Uday Infosys of Dhansura for Aravalli, Kheda and Sabarkantha districts; United Cable Communications of New Delhi for pan India; Radiant Digitek Network of Kota for Phase II, III, IV of entire Rajasthan; N T Broadcasting of Perambdur for Perambalur, Cuddalore, Salem, Villupuram, Trichy and Ariyalur districts in Tamil Nadu; SR Digital of Madhya Pradesh in the State including cities/towns/villages under Phase ll, lll and lV; Mahathi Warangal Communications & Cable TV Network for Warangal and Karimnagar Districts; and Yelamanchil Cable Network Pvt. Ltd of Vishakapatnam for Phase III in the State of Andhra Pradesh and Telangana.

     

    With the rejection of an application by Digi Navi Mumbai Network of Andheri (East), the list of MSOs who have been refused permission as on 10 April has gone up to 28. Some of those in the cancelled list applied as early as March 2013.