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Tag: Saket Singh

  • Hearing to end next week in Madras HC on Star India challenge to TRAI Tariff order

    NEW DELHI: The Madras High Court was today told by Telecom Regulatory Authority of India counsel Saket Singh the reasons for moving from analogue to digital and the necessity of the new tariff order.

    Concluding his arguments in the petition by Star India and Vijay TV challenging the jurisdiction of TRAI to issue tariff orders on the ground that content came under the Copyright Act, Singh said digital addressable system had led to greater transparency leading to the subscriber base going up, which led to higher advertising revenue.

    While adjourning the matter for 17 July, the Court indicated that arguments will commence on behalf of intervenors All India Digital Cable Federation and Videcon d2h. This will be followed by rejoiner arguments by the petitioners, after which the court will reserve its orders.

    Singh said the aim was to create level playing field for rates to distributor platforms  and give an effective and informed choice to the consumer.

    The new tariff had asked broadcasters to declare their minimum retail price per channel to consumers and give a la carte price for pay channels. This would give greater cChoice to consumer.

    The bench asked why HD and SD cHannels could not be regulated in the same bouquet. Singh also wondered why broadcasters are using this as one of the contentions as they themselves during the consultation process wanted HD and SD to be separated. They had also said so in their responses to the consultation paper on the subject.He said that the channels at that stage had only wanted the free-to-air and pay channels to be in separate boiuquets.

    Singh showed to the court the broadcasters comments during consultation process.

    He said prior to the tariff order, broadcaster would sell distribution right to multi-system ioperators at wholesale prices level and MSOs would accordingly sell to the consumers. Thus the consumer had no direct link to pricing.

    The new tariff had taken away the power of distributors in terms of pricing and that has been given to the broadcaster. Hence they are the master of their channel and can price the consumer accordingly.

    The consumer also got the right to refuse to pay for channels he did not watch. Singh also explained the concept of carriage fee.

    Although the Supreme Court had in early May while staying the tariff order directed the Madras High Court to complete hearing within four weeks, the High Court had commenced the in the last week of June.

    The hearing had commenced with the pleadings of counsel for the petitioners.

    Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court.

    In the hearing in April-end, it had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also Read

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    Star India case questioning TRAI jurisdiction over content postponed
     

  • TDSAT admits petition by LCOs wanting right of billing under DAS

    TDSAT admits petition by LCOs wanting right of billing under DAS

    NEW DELHI: Cable operators in the state of Maharashtra have got a head start regarding the billing system for cable television under DAS that MSOs are planning to put into effect. The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has accepted its petition and the case filed by the Nasik District Cable Operators Association of Maharashtra will come up for hearing on 22 November.

     

    Counsel Vikram Singh submitted that while the services were being provided by the local cable operators, the billing was meant to be done by the multi-system operators under the Standards of Quality of Service (Digital Addressable Cable TV Systems) Regulations 2012 of the Telecom Regulatory Authority of India.

     

    TRAI counsel Saket Singh sought to argue that LCOs cannot approach TDSAT as they are not service providers. However, the Bench of Member Kuldip Singh admitted the case for hearing and asked TRAI to file its counter-affidavit.

     

    It has also been stated in the petition that cable TV operations cannot be equated with telecom services since there was only one service provider for mobiles while there were the MSOs and the LCOs in television.

     

    Regulation 14 of the Regulations issued on 14 May 2012 says ‘Every multi-system operator shall offer cable TV services on both pre-paid and post-paid payment options to the subscriber and shall be responsible for generation of bills for the subscribers.’

     

    Regulation 15 says ‘Every multi-system operator either directly or through its linked local cable operator, as the case may be, shall give to every subscriber the bill for charges due and payable by such subscriber for each month or for such other period as agreed between the parties, for which such charges become payable by the subscriber.

     

    The LMOs in Maharashtra have been fighting against the alleged dominance shown by MSOs by imposing restrictions on them as well as dictating terms relating to billing practice. A cable TV blackout was also held in various parts of the state from 6pm to 9pm on 2 October as a sign of protest.

  • TDSAT stays TRAIs action against ad cap

    TDSAT stays TRAIs action against ad cap

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) has been left toothless by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). In an order passed today, the regulator has been forbidden from taking any ‘coercive action’ against news channels for not abiding by the agreement relating to ad cap.

    The petition filed by the News Broadcasters Association (NBA) challenges the constitutional validity of the regulations of TRAI enforcing the ad cap. The petition has been listed for a hearing on 11 November and will be presided by TDSAT chairman Justice Aftab Alam and member Kuldip Singh.

    The tribunal added that while the news channels will maintain weekly records of the advertising time per hour on a weekly basis, they will not be required to submit this to the regulator. Unlike the current practice, the records will only be submitted to TDSAT at the time of the hearing of the case.

    Counsel A J Bhambani for the NBA said that a delegation of the Indian Broadcasting Foundation (IBF) had submitted a formula to the regulator but that did not preclude the broadcasters from challenging the validity of the regulations.

    He also said that this was only a compromise reached between the broadcasters and the regulator and could not form the basis of penal action since it was not a regulation or legal provision.

    Speaking after TRAI Counsel Saket Singh had presented his arguments, Bhambani said there were many members who were common to both the IBF and the NBA, and therefore the IBF had submitted a ‘proposal’ on 29 May 2013, which the TRAI accepted. But this could not be construed as a regulation.

    But TRAI had begun prosecutions on the basis of this proposal and not on the basis of any law, he stressed.  He said that TRAI had in fact submitted on 11 June before TDSAT that no action would be taken.

    Even otherwise, he said that TRAI was only empowered by its own act to make ‘recommendations’ on issues like advertisements and not bring about or enforce regulations and resort to prosecution.

    When Singh sought to interrupt to say that 20 of the 24 members of NBA were following the formula, Bhambani pointed out that one news channel had recently been forced to retrench a large number of staff.

    Earlier, Singh stressed that the proposal submitted by IBF had been worked out by a group that had the NBA president as one of its members.

    He also stressed that action had been taken only against those broadcasters who had violated the agreed formula more than 20 times.

    He said the proposal had made it clear that with effect from 29 May, the ad time per hour would not be more than 30 minutes. From 1 July, this would be reduced to 20 minutes per hour while GECs will cut this down to 16 minutes. This will be in force until 30 September, following which the 12-minute rule will be enforced from 1 October. TRAI had agreed as it felt this was the best way forward, Singh added.

    However, Justice Alam said that the proposal could be treated as a law and acted upon for prosecution of television channels. Furthermore, it could not preclude the channels from challenging the constitutional validity of the regulations.

    Referring to a point made by Singh, Justice Alam also said it would be unfair to ask for commitments from the channels when they were challenging the validity of the law and TRAI’s status quo in the matter. “This is arm-twisting,” he observed.

    When Singh sought to stress that the channels were violating their own agreement, Justice Alam said “We feel we will test the constitutional validity of your order.”

    He added that TDSAT felt that before taking any action against the channels, TRAI would have either informed the tribunal or at least given a warning to the channels.

    Referring to Singh stressing that the GECs were abiding by the agreement, Justice Alam said there was need to draw a line between news channels and GECs.

    Singh also proposed that TRAI would withdraw the complaints if the channels gave an undertaking before the tribunal about adherence.

    Meanwhile, in its order yesterday on a mention by the NBA counsel, TDSAT said, “Even while the appeals are pending, 14 complaints have been filed by the TRAI against different broadcasters for violation of the standards of quality service (Duration of Advertisements in Television Channels) (Amendment) Regulations 2013 that came into force on 22 March 2013.”

    TDSAT further noted that Singh had admitted that “Not only the complaints have been filed but as a matter of fact, cognizance was taken in those complaints at 2 p.m. today.”

    TDSAT had listed the matter for today and observed, “In view of the fact that the validity of the regulation is under consideration before the tribunal and having regard to the manner in which the matter has been proceeding, we are somewhat surprised at the sudden and drastic action taken by the TRAI.”

    “When we expressed our displeasure over the way the matter has been sought to be precipitated, Singh requested that the matter be taken up tomorrow at 2:30 p.m. so that he may get proper instructions in the matter.  We suggest that Singh should get instructions as to whether the TRAI is willing to withdraw the complaints filed during the pendency of the appeals before the tribunal or at least till an interim order is passed on the issue after hearing both sides.”

    When the law was invoked by the authority in May 2012, it was disputed by television broadcasters which had also challenged the jurisdiction of TRAI in this regard before TDSAT.

    With the news channels having obtained a stay from the TDSAT against any coercive action by TRAI, it remains to be seen how the IBF representing GECs will react and whether it will move TDSAT or any other court for similar stay.

  • Trai not to implement ad regulations till further orders from Tdsat

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (Tdsat) has directed the Telecom Regulatory Authority of India (Trai) to hold on to its commitment of not implementing regulation of advertisement on television channels till its further orders.

    The commitment that the Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations, 2012 dated 14 May 2012 will not be implemented till 30 August was given by Trai during a Tdsat hearing on July 17.

    Broadcasters had moved Tdsat challenging the authority of Trai to implement the provision in the Cable Act that restricts the total advertisements in an hour to 12 minutes.

    Trai will not take steps to implement the regulations on advertisement limit till the next hearing. Tdsat chairman S B Sinha and member P K Rastogi have listed for further hearing on 3 December the petitions filed by broadcasters and organisations against ad regulations.

    Tdsat gave its directive after Trai Counsel Saket Singh gave an assurance that the regulator was prepared to discuss the issue with broadcasters and other stakeholders. Singh also pointed out that Trai had, in fact asked all stakeholders to respond by 11 September to amendments proposed in the draft regulation “Standards of Quality of Service (Duration of Advertisements in Television Channels) (Amendment) Regulations, 2012”. The draft amendment was released on 27 August.

    The petitioners have questioned the powers of Trai contending that the regulator has no power to limit the ad times. According to the broadcasters, such power vests with the central government and that only it can issue such directions under The Cable Television Networks (Regulation) Act, 1995.

    The Tribunal was hearing different petitions by the Indian Broadcasting Foundation, the News Broadcasters Association,. ESPN Software India Pvt. Ltd., Multi Screen India Pvt. Ltd., Neo Sports Broadcast Pvt. Ltd., and Discovery Communication India which had been clubbed together.

    Some of the petitions had been filed when the first Regulations were issued on 14 May while those affecting sports channels were filed following the amended draft issued on 27 August.

    Counsel A J Bhambani who represented some of the petitioners in the appeal challenging the Trai Regulations said the regulator should not have issued any amended regulations in view of its assurance to the tribunal in July that it would not implement its regulation till 30 August.

    Singh said Trai had only issued draft Regulations as part of the consultation process and had no intention of enforcing it till all the stakeholders had been heard.

    Trai had first issued a notification on 14 May limiting the duration of advertisements in TV channels to 12 minutes per hour. Any shortfall of advertisement duration in any hour cannot be carried over, the telecom regulator had said. Trai in its regulation had also said that the minimum time gap between any two consecutive advertisement breaks should not be less than 15 minutes and not less than 30 minutes for movies.

    Trai in its draft amendment of 27 August has proposed to withdraw the requirement of a 15-minute gap between ad breaks, while sticking to the overall ad time of 12 minutes per hour. For sports broadcasters, Trai has proposed to remove the clause that permitted ads only during breaks in case of live broadcast of a sporting event.

    Also read:

    Broadcasters get breathing space as Tdsat stays Trai‘s ad cap rule Trai willing to discuss with broadcasters on TV ad time issue