Tag: TDSAT

  • “Thanks to fruitful elections, balance sheets look better in 2014”: Rajat Sharma

    “Thanks to fruitful elections, balance sheets look better in 2014”: Rajat Sharma

    The news industry has taken a full circle – from providing welfare information to entertainment to astrology to cricket to sensationalism and now almost pure news taking back the centre stage. In a recent phase, news channels were dominated by frivolous content and Hindi news channels stood as the main suspects. The industry has worked really hard get over it to regain its lost respect. I can now safely say that “NEWS IS BACK”.

    While the news channels have proved themselves as an effective platform for promoting culture, movies, sports and many other activities, at the same time they have played a pivotal and decisive role in tackling core issues like corruption, rape, terrorism and inflation. Relentless coverage of Delhi rape case, Anna Hazare’s Lokpal agitation, 26/11 etc. to name a few stand a testimony to that fact.

    Despite the fact that news channels comprise an enormously important element of the socio-economic and geo-political ecosystem of the country, most such channels are facing monetary issues – characterised by negative pressures on the revenue toplines and ever increasing costs. The current year though may prove to be an exception and the respective balance sheets may look better than explained, because the industry has seen a relatively long and fruitful election season.

    The carriage fees regime stemming out of the analogue pipeline (despite a couple of phases of digitisation already complete) still plagues the industry. However, with the recent developments over the last couple of years, we hope that the actual correction (from digitisation) will start happening in the near future.

    The increased bandwidth due to transition to the DAS regime, will not only push the carriage fee down, but also bring in the transparency that shall further help proper monetary compensation for the operators so that the pressure can further reduce on broadcasters. This will help boost the profitability and further the cause of more investments in developing quality content that will be dished out with better audio/video quality.

    What could have been another blow to the industry, which is already reeling under multiple pressures, a 12 min/hour advertising cap that was introduced by TRAI for all the channels. We are happy that after a series of discussions with TRAI and TDSAT, High Court has finally put a stay on the same.

    I think it’s time now that broadcasters should unite and work towards the growth of broadcasting industry that not only provides employment to thousands but is an important pillar of India’s democracy. In an example of this unity, IBF & NBA along with other industry stakeholders, have created BARC as an alternate to TAM which we are sure will be a transparent and incorruptible currency.

    (These are purely personal views of India TV chairman and editor in chief Rajat Sharma and indiantelevision.com does not necessarily subscribe to these views.)

  • Commercial and non-commercial subscribers should have different tariff under DAS: IBF

    Commercial and non-commercial subscribers should have different tariff under DAS: IBF

    NEW DELHI: The Indian Broadcasting Foundation (IBF) has said that the Digital Addressable System (DAS) tariff order was violative of Article 14 of the Constitution as it equated ‘equals with unequals.’

     
    Abhishek Malhotra told the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that the stand taken by the Telecom Regulatory Authority of India (TRAI) was also contrary to the stand taken by it over the last 10 years.
    He said that commercial subscribers could not be charged at the same rate as other subscribers who received television signals in their homes.

     
    The bench was hearing the petition by IBF challenging the DAS tariff order issued in July by TRAI relating to commercial subscribers.

     
    In the tariff order, TRAI had said that commercial establishments who do not specifically charge its clients/guests on account of providing/showing television programmes and offer such services as part of amenities are to be treated like ordinary subscribers wherein the charges would be on per television basis.

     
    In cases where commercial subscribers specifically charge its clients/guests on account of providing/showing television programmes the tariff would be as mutually agreed between the broadcaster and the commercial subscriber.

     
    TRAI had also said that the commercial subscriber was to obtain television service only from a distribution platform operator (MSO/DTH Operator/IPTV operator/HITS operator).

     
    The tariff order amendment has been brought out as per the directions of the Supreme Court. It is expected that with the coming into force of these changes in the regulatory framework, the distribution of TV services to the commercial subscribers would be streamlined and the services would be available to them at competitive rates.

     

  • Petition challenging TRAI tariff on DAS to be heard on 8 December

    Petition challenging TRAI tariff on DAS to be heard on 8 December

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) will hear the petition by the Indian Broadcasting Foundation (IBF) challenging the DAS tariff order issued in July by the Telecom Regulatory Authority of India (TRAI) relating to commercial subscribers on 8 December.

    The matter was to be heard in the Tribunal on 5 December but was pushed for next week because the bench was busy dealing with another part-heard case.

     In the last hearing in October, Counsel Abhishek Malhotra, who represents the IBF, had wanted time to file a rejoinder to the reply filed by TRAI following a notice in this regard in September.

     In the tariff order, TRAI had said commercial establishments, who do not specifically charge its clients/guests on account of providing/showing television programmes and offer such services as part of amenities, are to be treated like ordinary subscribers wherein the charges would be on per television basis.

     In cases where commercial subscribers specifically charge its clients/guests on account of providing/showing television programmes, the tariff would be as mutually agreed between the broadcaster and the commercial subscriber.

     TRAI had also said that the commercial subscriber was to obtain television service only from a distribution platform operator (MSO/DTH Operator/IPTV operator/HITS operator).

     The tariff order amendment has been brought out as per the directions of the Supreme Court. It is expected that with the coming into force of these changes in the regulatory framework, the distribution of TV services to the commercial subscribers would be streamlined and the services would be available to them at competitive rates.

     

  • TDSAT to hear petition challenging TRAI’s DAS tariff relating to commercial subscribers on 5 December

    TDSAT to hear petition challenging TRAI’s DAS tariff relating to commercial subscribers on 5 December

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) will hear on 5 December the petition by the Indian Broadcasting Foundation (IBF) challenging the DAS tariff order issued in July by the Telecom Regulatory Authority of India (TRAI) relating to commercial subscribers.

     
    When the issue came up in the Tribunal, counsel Abhishek Malhotra who represents the IBF said he needed time to file a rejoinder to the reply filed by TRAI following a notice in this regard in September.

     
    In the tariff order, TRAI had said commercial establishments who do not specifically charge its clients/guests on account of providing/showing television programmes and offer such services as part of amenities are to be treated like ordinary subscribers wherein the charges would be on per television basis.

     
    In cases where commercial subscribers specifically charge its clients/guests on account of providing/showing television programmes the tariff would be as mutually agreed between the broadcaster and the commercial subscriber.
     

    TRAI had also said that the commercial subscriber was to obtain television service only from a distribution platform operator (MSO/DTH Operator/IPTV operator/HITS operator).

     
    The tariff order amendment has been brought out as per the directions of the Supreme Court. It is expected that with the coming into force of these changes in the regulatory framework, the distribution of TV services to the commercial subscribers would be streamlined and the services would be available to them at competitive rates.

     

  • TDSAT to hear IBF case on tariff on 12 December

    TDSAT to hear IBF case on tariff on 12 December

    NEW DELHI: The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has adjourned to 12 December the petition by the Indian Broadcasting Foundation (IBF), Viacom 18 and MSM India challenging the tariff order amendment of 16 July that was passed by the Telecom Regulatory Authority of India (TRAI).

     

    Chairman Aftab Alam and member Kuldip Singh adjourned the matter as TRAI has still not filed its reply on the matter.

     

    Earlier when the case had come up in August, TDSAT had adjourned the hearing in view of Star India’s case challenging the TRAI order dated 18 July in the Delhi High Court.

     
    The Federation of Hotel and Restaurants Association of India (FHRAI) had then asked for a refund from broadcasters for deals signed before the order came into existence. However the IBF counsel stated that the order only talks of deals taking place in the new regime and the deals for which the FHRAI was asking for refunds were done in advance.

     
    Considering the Delhi HC order and also IBF’s proposition that in a 2012 judgment, the TDSAT had itself said that when an arrangement is ongoing between parties and a tariff order is issued, it is not applicable with retrospective effect, unless mentioned in the order.

     
    The court had in the earlier hearing also asked both parties to ensure all their pleadings were in place by 28 October so that a final verdict could be given on 18 November, which now has been postponed to 12 December.

     

  • TDSAT wants to know who maintains monthly log of activation of a channel

    TDSAT wants to know who maintains monthly log of activation of a channel

    NEW DELHI: Who is meant to maintain the monthly log of the activations of a particular channel: the multi system operator (MSO) or manufacturer, vendor or the supplier of the system?

     
    The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked the Telecom Regulatory Authority of India (TRAI) and the Broadcast Engineering Consultants India Limited (BECIL) for certain clarifications on the role of a MSO in the matter of maintaining monthly log of the activations of a particular channel.

     
    Listing the matter for 1 December, chairman justice Aftab Alam and member Kuldip Singh said BECIL will also clarify its finding on the point as to whether the system was not capable of generating the monthly log of activations on a particular channel or on a particular package or the system was not capable to do so without the matter being referred to its provider, that is to say, its manufacturer or supplier.

     
    The issue arose in a case of Den Networks against Sun Distribution Services wherein BECIL had carried out an audit of Den and given a report.

     
    Den submitted that though the provision of monthly log of the activations on a particular channel or on a particular package is indeed an obligation of the MSO, the use of the word ‘system provider’ makes it clear that the capability to provide monthly log of the activations on a particular channel or on a particular package should only lie with the manufacturer, vendor or the supplier of the system and the petitioner, which is an MSO, using the system can only obtain it from its vendor or ‘supplier’ of the system.

     
    TDSAT did not accept this submission and said, “Normally, the system in use in the hands of the MSO should itself be capable of providing monthly log of the activations on a particular channel or on the particular package without the matter being referred every time to the vendor, manufacturer or the supplier of the system.”

     
    The comments from TRAI and BECIL should reach the TDSAT within two weeks from the date of receipt of a copy of the order.

     

  • We are introducing the concept of packaging: Star India

    We are introducing the concept of packaging: Star India

    KOLKATA: Commending the decision of the Telecom Disputes Settlement Appellate Tribunal’s (TDSAT) to put Star India channels on a la carte, the network said with this it is likely to introduce the concept of packaging.

     

    Star India legal & regulatory senior vice president Pulak Bagchi and distribution strategy & marketing senior vice president Vivek Takalkar were in the city to explain the benefits of packaging.

     

    The officials from the network highlighted that even though a number of cable TV homes in phase I and II are digitised, the addressability of digitisation has not yet been completed.

     

    They further said that since the main aim of digitisation was to offer choice to the customers in terms of channels they want to subscribe, Star India would offer the bouquet of channels via different packs and thus, offer true benefits of digitisation.

     

    “Customers would get the real choice,” the star official said.

     

    Multi system operators (MSOs) have already met Star India representatives two or three times and are waiting for an “amicable solution”, and if they don’t hear from the Star in next 24 hours, the MSO are most likely to move to the RIO rates options, said Siticable Kolkata director Suresh Sethiya.

     

    “We met with Star India people to find a way out for the RIO rates. The rates should be fashioned in such a way that the broadcaster does not lose revenue and at the same time, consumers do not have to shell out huge amount to watch cable TV,” Sethiya said.

     

    When asked to comment on the TDSAT order which directs the MSOs to put Star channels on RIO from 10 November, Sethiya said the MSOs will have to sign the contract with Star. “MSO would do it in next couple of days and we will run campaign in every media and our channels so that the consumers are well informed,” he concluded.

  • “Star’s new RIO: The way forward for DAS”

    “Star’s new RIO: The way forward for DAS”

    The industry, even after the digitisation in phase I and phase II areas has not yet moved to complete addressability. Channels today are still being offered as a single bundle and negotiations have happened on one aspect only, and that is price. There is differential treatment of small and big operators. The concept of packaging has not been implemented yet and as a result of which the true benefits of digitisation have remained unlocked.

    In this scenario now, Star India has come up with a plan which has got everyone thinking. The new Star RIO promises flexibility to the operator to choose channels, and enables them to showcase channels as per consumer demand.  The offer for the distribution fraternity nationwide, is a single, transparent, non-discriminatory one – a standard offer that is open to all cable operators.

    The new RIO allows tiering of customers through a structure that does not push all channels in the base pack. Instead, it encourages operators to create packaging tiers based on consumer profile

    The network in order to align both the operators’ goal and its own aim has now come up with incentives, which allows discounts on all Star channels. The multi system operator (MSO), if agrees to take the incentives can get extremely high discounts on the base price of the channel.

    The incentive could also give benefits to the end-consumers. While currently, a consumer has to pay for all the channels, Star’s modified RIO enables the cable operator to offer his subscribers as per the customer profile / demand. This places the power in the hands of the consumers – they choose their required channel packages and pay only for those channel packages.

    The incentives, which vary for each channel, are non-discriminatory, pre-stated and available to all DAS cable operators. Operators are free to opt for incentives as per their discretion.

    The scenario now is that many MSOs have said they want to go with the old RIO and on an a la carte basis only.

    Indiantelevision.com speaks to Star India EVP distribution Krishnan Kutty on the whole Star RIO deal, the incentives and the reaction from the MSOs and distribution community on the new RIO deal.

    Excerpts:

    What are the salient points of the TDSAT order for your new RIO and MSOs? Are you happy with the order? Will you disconnect any MSO if it does not sign the new RIO?

    We are taking an unequivocal stand before the industry that we will behave in a completely transparent manner, which is why we filed the affidavit.

    Going forward, we will sign only the new RIO with all MSOs.

    We are attempting to create a structure which will lead to better choice for consumers, healthier overall industry economics and this a positive step towards the same.

    We believe the true value of digitisation will get unlocked for stakeholders including consumers, with this structure.

    In line with the TDSAT order, MSOs will have to sign the new RIO before 10 November, failing which we will be left with no choice but to switch them off. 

    Why do you think some MSOs are saying they will go with the old RIO?

    With anything new there will be a time of adjustment. A lot of the issues that have been raised is I think driven by a worry about the change. The change will need all stakeholders to make adjustments and readjust their business models moving forward.  We genuinely believe that this will lead to a far healthier digital ecosystem over a medium term.

    What are the issues Star India is facing in making the MSOs understand the incentive scheme? Why do you think they are facing issues with implementing the RIO?

    We have had positive discussions with a lot of operators and have been signing contracts at a steady pace.  I think the discussions that we have had in the context of this model have been the richest ones we have had for the longest time. It has been a genuine discussion about what is the best consumer offering to be created, what do consumers value and what should be the business design moving forward. There are of course concerns about the transition. Which we should all work towards solving.

    During a recent meeting of the MSOs, three crucial points were raised, that the incentives are unachievable and that there are technical challenges in meeting the RIO deal. What’s your reaction to all this?

    The scheme has been modelled on basis of the consumer demand for various Star channels; consumer profiling for each of the channels and the current economics of the cable industry. We believe the scheme is extremely realistic and achievable.

    As for the technical issues, one of the mandatory conditions of DAS implementation is that each individual consumer should be addressable – in essence, every MSO should be capable of administering changes in consumer account, including package/ channel addition or removal as required.

    DAS has been implemented two years ago, and we see no reason why there should be technical problems in implementing something which was to be done at the on-set of DAS itself. 

    MSOs are saying that the viewer’s cable bill will go up as now the MSOs will have to pay 100 per cent more to the broadcaster. Is this correct?

     We have already communicated to viewers that each of our entertainment channels are available like almost in the range of 30 paise per day, our sports channels are available like at around 50 – 60 paise per day. With the new incentives in place , these are likely to go down even lower. Compare this with the price that one has to pay for newspapers, or for a movie ticket or for attending a stadium for a live match.

    Then, why would the MSOs have to pay 100 per cent more to Star? Why would the cable viewer’s cable bill go up?

    Can you elaborate ways of creating packages, how your new RIO is platform-friendly, and how it will help MSOs to create viewer-needs-based offerings?

    It all depends upon the kind of packaging that the operator chooses to do.

    Typical Consumer Packaging Pyramid:

    Also in all this, how does a LCO benefit from the incentives that are being given to the MSO? Will there be talks between the broadcaster, MSO and LCO to ensure that the discounts are being passed at the LCO level as well?

    Star, as a broadcaster, has no direct role in the MSO- LCO deal/agreement. We believe that the key for both MSOs and LCOs is to establish the right value proposition for the consumers. This will be the key to the long term success of their business and we believe they will jointly drive towards the same.

    As a key stakeholder of the industry, we would be more than happy to help partner with both for truly unlocking the value of digitisation for all the stakeholders, including the end consumer.

    Do you think that if MSOs do not implement your new RIO fairly and do not inform their subscribers of the possibilities, it will cause viewers to move to DTH?

    We truly believe that ‘Consumer is the Queen.’ If not offered an appropriate value proposition (content & relevant pricing in this case) the consumer will opt for other service providers .

    We also feel that our new RIO will benefit all stakeholders, if  implemented fairly and in the true spirit of the offering.

    Why do you think are the MSOs opting for selling channels on a la carte basis only?

    We believe that many of the concerns are driven by the worry about change and how does it impact them and how will they transition into a consumer oriented model. We are confident that platforms when they give themselves time will come around and understand that this is for the long term health of the industry.

    While the leading MSOs have said that they would put all Star channels on a la carte, how have the independent MSOs and the newly formed cooperatives have reacted to the incentive scheme?

    We are happy to share that the independent MSOs have applauded the new RIO for its transparent and non-discriminatory offering sign-ups have already begun.

    How many deals have you signed from the time the TDSAT came up with its order? How many of these have opted for scheme?
    We have signed almost 33 per cent of the operators. About 10 per cent had already signed prior to the TDSAT order and will continue on those deals. Of the balance, all have opted for the new RIO incentive offering as it provides them with level playing field as well as flexibility to address their consumer’s needs.

    Star India CEO Uday Shankar had said that meetings will be held with MSOs in various cities to make them understand the whole system, is that happening? Which cities have you covered? Which is the next stop?

    We have had meetings with almost all the MSOs in the DAS markets, except the city of Vizag where we have had telephonic discussions with our customers. We have had one-on-one meetings to explain the new RIO incentive offering and its workings to all our MSOs.

    Star has said that the incentive system will be very transparent. But will the system be transparent to the extent of one MSO knowing the discounts the other MSO is getting by meeting all the criteria?

    This indeed and truly is a transparent system and Yes, one MSO can find out the discount that the other MSO will get by meeting all the criteria – A point to be noted is that, it’s uniform and non-discriminatory and hence the same yardstick applies to all MSOs, making it easy for them to establish and leverage their advantages by meeting all the criterias.

     

  • TDSAT gives a week’s time to Telengana MSOs to carry TV9

    TDSAT gives a week’s time to Telengana MSOs to carry TV9

    MUMBAI: The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has directed the multi system operators (MSOs) in Telengana to resume the broadcast of news channel TV9 within a week from the passing of the order on 29 October.

     

    The case which had been filed by the Associated Broadcasting Corporation (ABC) against MSOs Hathway Cable & Datacom, Siti Vision Digital Media and others, had actually been shut in early October when TDSAT had directed the state MSOs to carry the channel. At that time, the Telengana state additional advocate general Ramachandra Rao had said that the government would provide security to the MSOs and LCOs for carrying the channel. This was subject to ABC not broadcasting content that would violate the law or put out defamatory content against the state of Telangana.

     

    However, the Central Government solicitor general Ranjit Kumar regretfully said that the assurance given by Rao ‘remained mere words on a piece of paper’. To this, Rao produced proof of letters sent to the Telangana Police director general asking them to ensure that ‘no untoward incident takes place as a result of the petitioner’s broadcast as per the TDSAT order.’

     

    However, counsel for the MSOs said that the police would come to rescue only after the MSOs had suffered damages from the mob. The answer to this would be to issue a public notice or a press release so that the MSOs could resume broadcast.

     

    The TDSAT has directed the State of Telangana to file an affidavit that as long as TV9 refrains from defamatory content against the state, its people, government and follows the Programme Code and the Advertisement Code, the government would provide security. It has also asked the broadcaster and the MSOs to publicise the order through electronic media.

     

    The MSOs will have to intimate the police about the date when they shall resume broadcast. TV9 has been switched off from the state of Telangana from several months due to its broadcast of content that even the TDSAT saw as ‘highly defamatory’.

     

  • MSOs to put Star India channels on a la carte

    MSOs to put Star India channels on a la carte

    MUMBAI: The multi system operators (MSOs) are gearing up for the big change. In order to meet the deadline given by the Telecom Disputes Settlement Appellate Tribunal (TDSAT), the leading MSOs under the umbrella of All India Digital Cable Federation (AIDCF) met in New Delhi today.

     

    “The main agenda of the meeting was to discuss how we will implement the order passed by the Tribunal,” says AIDCF president and Siti Cable CEO VD Wadhwa speaking to indiantelevision.com.

     

    During the meeting, the MSOs discussed the modus operandi for implementation of RIO by 10 November and also the challenges.

     

    “There are three major challenges: at the consumer level, at the local cable operator level and thirdly at the technology level,” adds Wadhwa.

     

    Every MSO, according to Wadhwa has different subscriber numbers. “All the packages have to be upgraded or downgraded. We will have to see if the system can support the changes for millions of subscribers,” he says.

     

    AIDCF has decided to put all the Star India channels on a la carte. “We cannot carry all the Star channels, since it is coming up to be very expensive. So we have decided to put all the Star channels on a la carte and will let the consumer decide which channels they want,” he informs.

     

    Wadhwa says that even after the incentives that Star is offering, the cost for the MSO has doubled. “Even if we take the maximum discounts, the channel prices are going up by 100 per cent,” he says.

     

    Not only this, AIDCF is forming a sub-committee which will be meeting Star India officials early next week. “The committee will meet the officials to explain to them the challenges we are facing. This system is viable for none,” he adds.

     

    All the MSOs will be signing the RIO deals with Star before 10 November and in the meanwhile start working on creating new packages. “We will decide the pricing of the channel based on the consumer demand for the channel,” he concludes.

     

    The MSOs will inform the consumers of the changes at individual level.

     

    The meeting was attended by Siti Cable, Hathway Cable & Datacom, Den Networks, Manthan, GTPL amongst others.