Tag: TDSAT

  • Star cannot disconnect HD signals to Hathway till next hearing: TDSAT

    Star cannot disconnect HD signals to Hathway till next hearing: TDSAT

    MUMBAI: The order for the Hathway versus Star India case puts things in order. The Telecom Disputes Settlement Appellate Tribunal’s (TDSAT) interim order states that as per an earlier order issued, multi system operator (MSO) Hathway Cable & Datacom has provided Star India with the subscriber management system (SMS) report for the period April to June 2014. Till the case is resolved, the Tribunal has carved out an interim financial measure to settle the dispute regarding Star’s entertainment and sports channels.

     

    Just as Star and Hathway had agreed to enter into a RIO deal for its sports channels, the broadcaster moved the TDSAT again claiming that Hathway had not made any payments after expiry of the earlier agreement between the MSO and MediaPro (which was then handling Star channels).

     

    Star had sent out disconnection notices against Hathway for its entertainment channels on grounds of nonpayment of dues. During the hearing, Star’s contended that since the MSO had taken its sports channels on RIO, the same must be followed for its entertainment channels without partiality. ‘Hathway cannot be permitted to indulge in duality and take some of Star’s channels on RIO terms and some other channels on negotiated terms; again Hathway cannot take the same channels in different parts of the country on different terms,’ claimed Star.

     

    Post this, the MSO said that it is willing to take its entertainment and sports channels at a cost per subscriber (CPS) basis of Rs 22 while Star asked for Rs 31. TDSAT as an interim measure has said that taking the mean of the two would be ideal. Therefore, from 1 August, Star will raise invoices on Hathway for monthly subscription fees for both genre channels at Rs 27 CPS basis.

     

    “It will be open to Star to take into account each and every set top box by means of which any Star channel is viewable. Hathway shall put any sports channels of Star in any of its bouquet as it may deem appropriate,” states the TDSAT order.

     

    Meanwhile for the period April to July, TDSAT has given permission to Star to raise invoices for its entertainment channels at the rate of Rs 23 CPS basis in the DAS areas of Mumbai and Delhi, where the agreement ended on 30 April 2014 and DAS areas of Kolkata and DAS II areas where the agreement came to an end on 31 March 2014. For the sports channels, invoices will be raised on RIO basis. The total of this, Rs 26.5 crore has been paid by Hathway on 30 July.

     

    These arrangements have been made for Star’s SD channels. Directions on its HD channels will be made in the next hearing, which is on 11 August and till then the broadcaster has been told not to disconnect its HD signals to Hathway.

     

    In the end, TDSAT makes it clear that this is only an interim arrangement as per current circumstances and will not operate as a precedent for any other case or parties.

  • Hathway pays Rs 26.5 crore to Star India

    Hathway pays Rs 26.5 crore to Star India

    MUMBAI: On 28 July, the Telecom Disputes Settlement Appellate Tribunal (TDSAT) had issued an order directing MSO Hathway Cable & Datacom to clear its four month dues of Rs 26.5 crore to Star India. The TDSAT had directed Hathway to make the payment by 30 July to which it obliged.

     

    The amount was to be calculated as the sum of Rs 23 per subscriber for Star India’s entertainment channels and RIO for the sports channels. However, a Star official has claimed this to add up to Rs 27 crore.

     

    As per the order, the two parties have been asked to settle the quarrel by entering into a cost per subscriber (CPS) deal from August. The MSO will have to pay Rs 27 per subscriber to Star. Hathway is allowed to bundle channels on its own given that at least one Star channel is available in one/any bouquet it offers to subscribers.

     

    The interim order was only to settle business issues between the two, even as the case continues and will be heard on 11 August next.

     

    The business discussion reached TDSAT when Hathway decided to remove Star Sports channels from its bouquets and offer it separately in a sports pack or as a-la-carte.

  • Hathway can bundle Star channels: TDSAT

    Hathway can bundle Star channels: TDSAT

    MUMBAI: The Star India and Hathway Cable & Datacom case regarding the former’s various channels has got an interim relief from the Telecom Disputes Settlement Appellate Tribunal (TDSAT). 

     

    As per the order passed on 28 July, TDSAT has asked both Hathway and Star India to enter into cost per subscriber (CPS) deals, starting August. According to this deal, the multi system operator (MSO) will pay Rs 27 per subscriber to the broadcaster for its entire bouquet, which includes entertainment and sports.

     

    It can be noted that earlier Hathway had two separate deals with the broadcaster- one for its sports channels handled separately and the other for the entertainment channels, which was handled by the now dissolved joint venture MediaPro.

     

    The Rs 27 CPS deal is a mid way arrangement proposed by TDSAT as against Hathway’s demand for Rs 22 per subscriber deal and Star’s Rs 31 per subscriber deal.  This means that the MSO has to pay an additional amount for the sports channels now, on a set top box deal, as compared to the RIO deal earlier.

     

    In its interim order, TDSAT has also clarified that Hathway has all the right to bundle the channels the way it feels right. However, the MSO will have to include at least one channel in one/any bouquets that it offers to its subscribers. 

     

    The issue had gained magnitude when Hathway decided to remove Star Sports channels from its base pack to create a separate sports pack and also provide them a-la-carte. The broadcaster objected to this move and took the MSO to the court.

     

    Meanwhile, the court has asked Hathway to clear its dues from April to July this year. This can be calculated at Rs 23 per subscriber for its entertainment channels and RIO for its sports channels together. While Star claims that this amounts to a total of Rs 27 crore, according to Hathway officials, the price is still being worked out. The total amount has to be paid by 30 August. A Hathway official says, “We are disappointed with this particular point as we believe that Rs 23 is much higher than the amount we would have actually paid to Star India as per the agreement between Star and Zee for price sharing after the split of MediaPro.”

     

    A source from Star India says, “Hathway was not paying us because of lack of clarity in the payment deals of sports and entertainment together. With this order, the integrated CPS has been recognised.”

     

    However, both parties agree that this case cannot be taken as a basis for future deals with others. According to officials from both Hathway and Star, the Rs 27 CPS deal cannot be applied to other distribution platform operators.

     

    The case will next be heard on 11 August.

  • DTH licence fee case adjourned yet again

    DTH licence fee case adjourned yet again

    NEW DELHI: The petition by the private direct-to-home (DTH) operators challenging the notice of the government for clearing arrears of licence fees has been adjourned once again. Reason: the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) wants to first decide on a similar case relating to actual gross revenue with regard to telecom.

     

    Earlier, chairman Aftab Alam and Kuldeep Singh had adjourned the matter from 23 May to 8 July as the operators had not filed their rejoinders to the reply by the government.

     

    The adjournment was allowed on a mention by the counsel for the various DTH operators.

     
    TDSAT also noted that the earlier assurance by the government that it will not pressurise the operators in this regard till the case is taken up for hearing will continue.

     

    The petitioners have alleged that the demand by the Information and Broadcasting Ministry is contempt of court as the matter in this regard is pending in the Supreme Court.

     

    However, Information and Broadcasting Ministry secretary Bimal Julka had earlier told indiantelevision.com that the apex court had not issued any stay order. However, the government had filed a caveat in this regard, conscious that the TDSAT or the Supreme Court may be moved in the matter.

     
    The Ministry had earlier this year sent a notice to the six private DTH operators with regard to licence fee dues amounting to Rs 2,066 crore. The private operators are Tata Sky, Dish TV, Airtel Digital TV, Reliance Big TV, Sun Direct and Videocon d2h.

     

    According to the notice, the six private operators had been asked to pay the amount within 15 days.

     
    However, most of the operators contacted said they had cleared the dues of licence fee.

     
    The operators say the licence fee as demanded under the rules is on gross revenue (GR) whereas they have been asked to pay the fee on the basis of Actual Gross Revenue (AGR). The operators have said the fee should be only on subscription revenue and not on allied earnings such as dividend and interest income. 
     
    Even as the matter was pending, Tata Sky had in April made a payment of Rs 383 crore to the Ministry to cover its license fee and other dues. A demand draft of the amount was submitted to the Ministry, even as other operators had said that they would prefer to wait till the next hearing.
     
    Tata Sky said the amount covered the license fee for the year 2013-14 according to the rate specified for license as well as past dues.

     

  • TDSAT to hear appeals on cable tariff on 4 August

    TDSAT to hear appeals on cable tariff on 4 August

    NEW DELHI: Eight cable operator associations from all over the country have intervened in the appeal challenging the legality of tariff orders allowing the increase of 27.5 per cent inflationary rise in the wholesale prices prevailing as on 31 March 2004.

     

    Even as the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has listed the matter for further hearing on 4 August, the Telecom Regulatory Authority of India (TRAI) has also filed its response to the appeals and it is learnt that both Dish TV and Videocon d2h are filing interventions in the petition filed by Home Cable Network and the consumer organisation Centre for Transforming India.

     

    Meanwhile, the broadcasters will retain a separate account for any payment received as tariff, as this would be subject to the final order of the Tribunal.

     

    The appeals wanted TRAI to be directed to carry de-novo exercise in accordance with the statutory provision for price fixation for addressable system de-linking the same from the wholesale price of channels for non addressable system.

     

    Those who have filed interventions are cable associations of Gujarat, Greater Guwahati, Uttar Pradesh, Chandigarh, All Delhi Cable Operators Association, Sai Cable Operators Association, Karnataka State Cable Operators Association, and Amritsar Cable Operators Sangharsh Samiti.

     

    In the appeals, the legality of Tariff Order (Telecommunications (Broadcasting and Cable) Services (Second) Tariff (Eleventh Amendment) Order 2014 dated 31 March this year allowing the increase of 27.5 per cent inflationary rise in the wholesale prices prevailing as on 31 March 2004 has been challenged.

     

    The Appellants have also challenged the impugned tariff order dated 31 March 2014 on the ground that the same has been passed in violation of Section 11(4) without affording any hearing opportunity to the stakeholders and without considering the relevant material and reports.

     

    Furthermore, the impugned tariff order is without jurisdiction because it still provides for adhoc measure of price freeze as on 31 March 2014 even after 10 years of second tariff order dated 1 October 2004 while abdicating its regulatory duty to fix the tariff.

     

    The impugned tariff order has adversely impacted the interest of the addressable platform because the wholesale pricing of the addressable system is based on the wholesale pricing of the non addressable platform; Fourthly that the impugned tariff is heavily tilted towards broadcasters and seriously prejudices the interest of the consumers, MSOs and stifles orderly growth of the cable and broadcasting sector.

     

    It was earlier argued that TRAI ignored the fact that the wholesale pricing of non addressable system and addressable system are inter related. The wholesale price for addressable platform is derived from the wholesale price of non addressable system. By its order, TRAI indirectly and in substance increased the wholesale price for addressable platform / DAS notified area. The said increase in the wholesale price for addressable platform is affected in violation of section 11(4) of the Act.    

     

    TRAI completely disregarded the fact that by changing the content pricing and increasing the same by 27.5 per cent with reference to the price existed immediately prior to 31 March 2014, this will immediately increase the price of content for addressable platform. The authority did not provide any hearing opportunity to the stakeholders including the appellants to represent its view as a stakeholder in the consultation process.

     

    It was stated that TRAI in disregard of the valuable rights of the stakeholders including the appellant and the consumers provided under Section 11(4) of the Act, rushed to issue the impugned order thereby increasing the wholesale price for addressable platform by 15 per cent with effect from 1 April 2014. Thus the impugned order failed to take into account the inputs from such stakeholders.   

  • Stakeholders undivided on constitution of commercial subscriber

    Stakeholders undivided on constitution of commercial subscriber

    NEW DELHI: What constitutes commercial or non-commercial subscribers for broadcasting and cable TV services?

     

    This question remained largely unresolved in an open house discussion on tariff issues related to broadcasting and cable television services for commercial subscribers held later today.

     

    Broadcasters by and large were in agreement that anyone other than a domestic subscriber is a commercial subscriber.

     

    There was also division on who is responsible for the subscriber. While broadcasters feel they should know about the subscribers, the multi-service operators and cable operators said they are generally responsible for dealing with the subscriber and the broadcaster should not interfere.

     

    The Open House Discussion was called by the Telecom Regulatory Authority of India (TRAI) as it has to submit a proper tariff chart to the Supreme Court by 16 July.

     

    The meet was attended by senior officials of TRAI, the broadcasting fraternity including the Indian Broadcasting Foundation, and other stakeholders, apart from consumer organisations.

     

    The whole controversy rose after an order of the Telecom Disputes Settlement and Arbitration Tribunal of 28 May 2010 was challenged in the Supreme Court, which had on 16 April this year said: “…However, we direct that for a period of three months, the impugned tariff, which is in force as on today, shall continue. Within the said period, TRAI shall look into the matter de novo, as directed in the impugned judgment, and shall re–determine the tariff after hearing the contentions of all the stake holders….”

     

     TRAI had issued a consultation paper in this connection, and also invited comments from stakeholders by June-end. Though several stakeholders have already responded in writing, they were today given a final opportunity to send in their written comments by 8 July.

     

     On behalf of TRAI, the meet was attended by member R K Arnold, Dr Vijayalakshmy K Gupta, principal advisor N Parameswaran and secretary Sudhir Gupta. Others among the approximately 100 stakeholders who attended were IBF’s Sailesh Shah, Sony’s Naresh Chahal, Star’s Pulak Bagchi, a representative of Siticable and Cable Operators Federation of India’s Roop Sharma.

     

    Cable operator and journalist K K Sharma said most cable operators charged the same fee from commercial or non-commercial subscribers.

     

    A representative of the hotel industry said that it did not differentiate between a commercial or non-commercial subscriber. 

     

    Broadcasters representatives insisted that a lot of the investment went into production of content and so advertising was important, but some stakeholders said that encrypted channels should not be allowed to take commercials.

     

    Among the questions that the TRAI had asked in the consultation paper was whether stakeholders agreed with the definitions of ‘commercial establishment, ‘shop’ and ‘commercial subscriber’ given by TRAI; whether there was a need to further categorise commercial subscribers; tariff for commercial subscribers and whether it should be the same as for ordinary subscribers.

  • TRAI issues consultation paper on tariff for commercial subscribers

    TRAI issues consultation paper on tariff for commercial subscribers

    MUMBAI: Three months ago, the Telecom Regulatory Authority of India (TRAI) revised the tariff rates for non-addressable cable TV areas which allowed a rise of 27.5 per cent in two stages. While this was for non-commercial subscribers, the regulator has now issued a consultation paper asking comments from stakeholders for the same with respect to the commercial subscribers.

     

    The consultation paper states that the tariff for commercial subscribers has been an issue since 2005 when associations of hotels and restaurants challenged the various tariffs imposed by broadcasters in the Telecom Disputes Settlement Appellate Tribunal (TDSAT). Even though the TDSAT disposed off the petition stating that such organisations cannot be called consumers, it asked the Telecom Regulatory Authority of India (TRAI) to think about whether or not to impose a tariff regulation on them.

     

    While the TRAI came up with two definitions for ‘ordinary cable subscriber’ and ‘commercial cable subscriber’, the appeal was challenged in the Supreme Court which then directed TRAI to frame separate tariff ceilings for non-commercial subscribers.

     

    Even though the Regulator had come up with definitions and categories of such commercial subscribers, it was challenged by the Federation of Hotel and Restaurants Associations of India (FHRAI).

     

    Now, TRAI has once again come up with a fresh definition for a ‘commercial subscriber’ and has asked stakeholders if they agree to it or if they have alternative suggestions. It says that a commercial subscriber means “any person, other than a multi system operator or a cable operator, who receives broadcasting service at a place indicated by him to a broadcaster or a cable operator or direct to home operator or multi system operator or head end in the sky operator or a service provider offering Internet Protocol television service , as the case may be, and uses such signals for the benefit of his clients, customers, members or any other class or group of persons having access to its commercial establishment.”

     

    “Commercial establishment” means any premises wherein any trade, business or profession or any work in connection with, or incidental or ancillary thereto is carried on and includes a society registered under the Societies Registration Act, 1860 (21 of 1860), and charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with, or incidental or ancillary thereto, journalistic and printing establishments, educational, healthcare or other institutions run for private gain, theatres, cinemas, restaurants, eating houses, pubs, bars, residential hotels, malls, airport lounges, clubs or other places of public amusements or entertainment but does not include a shop or a factory registered under the Factories Act, 1948 (43 of 1948).”

     

    “Shop” means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store room, godown, warehouse or work place, whether in the same premises or otherwise, mainly used in connection with such trade or business but does not include a factory, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.”

     

    TRAI says that with these definitions it is shifting its focus from how the commercial establishments use the cable connection to defining it as one who avails the service from a broadcaster or a distribution platform operator (DPO).

     

    In the earlier definition, the regulator had also divided commercial consumers into various sub-divisions of similarly placed entities depending on their size of business, paying capacity to clients etc. These were challenged several times in the past. Therefore, it has now asked stakeholders that if such a sub-division was not the right way to proceed, what would be an alternative way of dividing them into similarly placed groups.

     

    Furthermore, three models of dealings between the commercial user and DPO has been given by TRAI and stakeholders are expected to select any one or give their own alternative model.

     

    The first model is that the broadcaster publishes the rates for commercial tariff as a Reference Interconnect agreement (RIO) and then commercial subscriber negotiates. The second model is that the DPO publishes the rate and negotiations shall be done on the same. In the third model, both the aforesaid models shall be available to commercial customers wherein there shall be a competition among DPOs and between DPOs and broadcaster.

     

    Furthermore, four options as regard to what shall be the tariff price have also been given:

     

    First, the tariff for commercial subscribers is same as that for ordinary subscribers. Second, the tariff for commercial subscribers has a linkage with tariff for ordinary subscribers. Third, the tariff for commercial subscribers has no linkage with the tariff for ordinary subscribers but there are some protective measures prescribed to protect all the stakeholders. Fourth, the tariff for commercial subscribers is kept under total forbearance.

     

    In the case of the third option several provisions have been suggested such as – broadcasters be mandated to offer all their channels on a-la-carte and specify rates. In case a broadcaster directly makes the signal available to the subscriber then the sum of a-la-carte rates of the channels shall not exceed one and a half times the rate of the bouquet of which they are a part and the a-la-carte rate of each channel should not exceed thrice the average rate of a channel of that bouquet. In case of a DPO, apart from the earlier two provisions, a-la-carte rates for all FTA channels should be uniform. The regulator also suggested that it should receive the RIO by either the broadcaster or the DPO and that a provider shall not deny channel signals unless subject to technical feasibility. 

     

    If a stakeholder chooses the second option he/she has been asked to justify what the ceilings should be for each category of commercial subscribers.

     

    Stakeholders have been asked to give their views by 27 June at the latest.

     

    Click here to read full consultation paper

  • Appeals against tariff increases of 27.5 per cent in DAS to be heard in August

    Appeals against tariff increases of 27.5 per cent in DAS to be heard in August

    NEW DELHI: The Telecom and Disputes Settlement and Appellate Tribunal (TDSAT) today directed the Telecom Regulatory Authority of India (TRAI) to respond by 4 July to a petition challenging the legality of tariff orders allowing the increase of 27.5 per cent inflationary rise in the wholesale prices prevailing as on 31 March 2004.

     

    TDSAT chairman Justice Aftab Alam and member Kuldip Singh said any other stakeholders including broadcasters could intervene by 16 July and the appeal would be heard on 4 August.

     

    Meanwhile, the broadcasters will retain in a separate account, any payments received as tariff, as this would be subject to the final order of the Tribunal.

     

    The appeals wanted TRAI to be directed to carry de-novo exercise in accordance with the statutory provision for price fixation for addressable system de-linking the same from the wholesale price of channels for non addressable system.

     

    In the appeals filed by Home Cable Network and the consumer organisation Centre for Transforming India, the legality of Tariff Order (Telecommunications (Broadcasting and Cable) Services (Second) Tariff (Eleventh Amendment) Order 2014 dated 31 March this year allowing the increase of 27.5 per cent inflationary rise in the wholesale prices prevailing as on 31 March 2004 has been challenged.

     

    The appellants have also challenged the impugned tariff order dated 31 March 2014 on the ground that the same has been passed in violation of Section 11(4) without affording any hearing opportunity to the stakeholders and without considering the relevant material and reports.

     

    Furthermore, the impugned tariff order is without jurisdiction because it still provides for adhoc measure of price freeze as on 31 March 2014 even after 10 years of second tariff order dated 1 October 2004 while abdicating it regulatory duty to fix the tariff.

     

    The impugned tariff order has adversely impacted the interest of the addressable platform because the wholesale pricing of the addressable system is based on the wholesale pricing of the non addressable platform; Fourthly that the impugned tariff is heavily tilted towards broadcasters and seriously prejudices the interest of the consumers, MSO’s and stifles orderly growth of the cable and broadcasting sector.

     

    Counsel Vivek Sareen argued that TRAI ignored the fact that the wholesale pricing of non addressable system and addressable system are inter related. The wholesale price for addressable platform is derived from the wholesale price of non addressable system. By its order, TRAI indirectly and in substance increased the wholesale price for addressable platform / DAS notified area. The said increase in the wholesale price for addressable platform is affected in violation of section 11(4) of the Act.    

     

    TRAI completely disregarded the fact that by changing the content pricing and increasing the same by 27.5 per cent with reference to the price existed immediately prior to 31 March 2014, this will immediately increase the price of content for addressable platform. The authority did not provide any hearing opportunity to the stakeholders including the appellants to represent their view as a stakeholder in the consultation process.

     

    It was stated that TRAI had rushed to issue the impugned order thereby increasing the wholesale price for addressable platform by 15 per cent with effect from 1 April 2014. Thus the impugned order failed to take into account the inputs from such stakeholders.

  • Information and Broadcasting: An uphill journey all the way

    Information and Broadcasting: An uphill journey all the way

    NEW DELHI:  For any person who takes over the mantle of the information & broadcasting ministry (MIB), the handling of the portfolio will be full of potholes created by his or her predecessors, primarily because of the failure to take strong decisions.

     

    By some mischance or deliberate choice, the MIB has remained without a working head since Priya Ranjan Dasmunshi was forced to leave because of sickness. While Ambika Soni did her best to put into operation plans worked out by the ministry’s bureaucrats or the Telecom Regulatory Authority of India (TRAI), both she and her successor Manish Tewari remained primarily spokespersons of the ruling party.

     

    Perhaps this was not entirely their fault, but that of the party which failed to realise that the ‘Information’ portfolio does not imply giving party inputs or the media which insisted on only raising party issues whenever these two met the members of the fourth estate.

     

    There is also no gainsaying that the lower priority given to the MIB – from a full-fledged minister with assisting ministers of state to a single minister of state with independent charge – also contributed to this.     

     

    With the new government in place, the speculation about who the new minister will be and what expectations can be had will be of considerable interest.

     

    If the government decides to hand over the portfolio to someone who takes interest in the information and broadcasting sector, then the choice zeroes down to a handful of names. But it is clear that politicians of the standing of Sushma Swaraj or Arun Jaitley who have held this portfolio earlier will not go back to it, and Shatrughan Sinha who has earlier served in the government as minister in-charge of two ministries will agree only if made a full-fledged minister and the chances are that he will want a more important portfolio than the MIB.

     

    Consequently, the choice falls upon someone like Smriti Irani, unless the Bharatiya Janata Party picks on someone from its allies.

     

    I&B MINISTRY

     

    It would help the government if the decisions being taken by the MIB are transparent, and the concerned officials are easily accessible to the media which represents the aspirations of the people.

     

    While it is true that senior ministry officials are generally reluctant to speak during a session of Parliament, there is no reason for their not doing so at other times.

     

    Perhaps the secretary of the ministry should designate certain officers to be available to the media at certain hours every day, on phone, if not in person.

     

     

    PRASAR BHARATI

     

    Notwithstanding who will hold the portfolio, it is clear that it will be no less than being at the edge of the twin-edged sword. Interestingly, one of these two edges was conceived by the erstwhile Jana Sangh (now BJP) which was then part of Janata Party and L K Advani at the head of this MIB.

     

    Even as B S Lalli was removed from the post of CEO of Prasar Bharati under a cloud of corruption and mismanagement, his successor Jawhar Sircar has taken up cudgels against the ministry on the ground that the public service broadcaster is an autonomous body.

     

    On the other hand, the government feels that since it pays the salaries, has waived spectrum fee and given other concessions, and has initiated the laying down of rules and regulations regarding employees, it cannot be wished away and has to have a say in the working of the pubcaster.

     

    The new incumbent in the ministry will therefore have to work out certain ground rules within the ambit of the Prasar Bharati Act 1990 drawing clear lines about its role. Clearly, autonomy does not mean freedom to do anything, but at the same time lays certain constitutional norms or reasonable restrictions.

     

    In the light of Article 19(1)(a) about freedom of speech and expression, it becomes abundantly clear that the government should not have any control over the content broadcast by All India Radio or telecast by Doordarshan unless this violates the Reasonable Restrictions laid in the Constitution or the Codes under the Prasar Bharati Act or the Cable Television Networks (Regulation) Act 1995. But it may be difficult to stop the government being the financing agency from interfering in the management of the pubcaster.

     

    In view of this, it is also clear that the spending of the budget laid aside by the ministry for content creation should be left to DD and AIR without day-to-day monitoring by the ministry.

     

    Furthermore, there has to be greater transparency and quicker decision-making both by the government and by AIR and more particularly Doordarshan about the programmes it wants to commission or broadcast. It is understood that some proposals from independent producers have been pending in DD for almost a decade.   

     

    The Sam Pitroda Committee on Prasar Bharati is generally repetitive of the provisions of the Prasar Bharati Act, but may help to speed up some processes. The new Minister will therefore have to immediately hold wide-ranging consultations with all stakeholders and take action on the report.

     

    There is little doubt that DD and AIR are today broadcasting programmes that no private operator dares to do because of the loss of eyeballs (TRPs).

     

    DOORDARSHAN

     

    While Doordarshan has made appreciable progress in terms of popularity in semi-urban or urban areas even as it holds the top spot in rural India, there is urgent need to take steps to market the channel even better. While its programmes have become entertaining even as they serve the public by sending out direct or indirect messages, the general perception is to the contrary.

     

    DD also needs to bring certain channels that are only known in certain regions to the national level. These include DD Bharati, DD Urdu, DD Kashir, and the DD channels in the north east. Greater facility for dubbing popular serials in Hindi would help in this effort.

     

    AIR

     

    The audio wing of Prasar Bharati has been treated in a somewhat step-motherly fashion since DD began to grow. There is urgent need to reverse that by getting more people to tune in to radio just the way they tune in to DD.

     

    This can clearly be done by bringing All India Radio’s National channel and the popular Vividh Bharati channel onto the FM networks so that it is heard in the same way as private FM channels or FM Gold and FM Rainbow.

     

    AIR has already spent crores of rupees on creating the basic infrastructure for Digital Radio Mondiale, which can make medium-wave or short wave programmes accessible to listeners. The only lacunae appear to be the absence of reasonably priced receivers, and the reluctance of the present Prasar Bharati CEO to the growth of this medium.

     

    While manufacturers have come forward to produce reasonably priced receivers for use on mobiles, cars or at home, the Government is pushing ahead its programme for the third phase of FM Radio expansion and this is the right time to pursue as DRM sets are also FM compatible. 

     

    TELECOM REGULATORY AUTHORITY OF INDIA

     

    Of late, far too many cases have been going to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) with relation to broadcasting but the problem has been complicated further by the judgment of the Supreme Court that TRAI regulations should not be adjudicated upon by TDSAT.

     

    Clearly, there is need for TRAI to pay greater heed to its regulations relating to the broadcasting and cable sectors. But since its primary objective has always been telecom, the government will have to consider whether there is need for a separate Broadcast Regulatory Authority of India (BRAI), something which has been tossed around for the past 15 years.

     

    Allegations are that broadcasters tend to get the TRAI’s hearing more. But in recent times it has been reaching out to more and more cable TV operators when they come up with a logical discussion and argument flow. Perhaps a new BRAI – also provided for in the proposed Broadcast Services Bill – with clearer objectives may help overcome not only the prejudices that are alleged against TRAI.

     

    The new body could also look at the high taxation down the line – from that levied on manufacturers, broadcasters, cable and other service operators like DTH and HITS, and the consumers (viewers).

     

    BARC

     

    The Broadcast Audience Research Council aimed at replacing the outdated present TAM system needs to be expedited.  This may also help the broadcasting industry overcome the hurdles created by the 12-minute ad cap since it will bring in greater transparency.

     

    SELF-REGULATION

     

    Self-regulation is healthy as the TV channels will accept decisions of their own ilk more easily than those dictated by the government. It seems to be working well, and it’s best left like that. Content regulation is any way the MIB’s domain, and it can step in and bang its fist on the table if things get out of hand.

    One option being mentioned is that the Inter-Ministerial Committee of the Information and Broadcasting Ministry be vested with greater powers and also made more broad-based with representatives of more ministries, while permitting some civil society intellectuals apart from representatives of News Broadcasting Services Authority (NBSA), the Broadcasting Content Complaints Council (BCCC) or the Advertising Standards Council of India (ASCI) as ex-officio members.

     

    Furthermore, all the decisions taken by the NBSA, BCCC or ASCI should be finally whetted by the IMC before being made public. The primary purpose of this move would be to ensure that even channels that are not members of these bodies can be covered if the directive comes from the Ministry’s IMC.

     

    DIGITAL ACCESS SYSTEM

     

    There is little doubt that the experience of the first two phases of DAS has shown that around 30-40 per cent of the cities covered are still broadcasting on analogue mode. Clearly, there has to be re-think not only on whether the next two phases should be combined (as planned by the outgoing government) or relaxed into more phases with a greater time span, and on whether the regulations drawn up by TRAI in this regard need to be looked at again, since both the consumers and the cable operators appear unhappy.

     

    DAVP

     

    Presently, the DAVP gives advertisements to help small and medium newspapers or to propagandize the programmes of the government. It has also introduced short films for television channels or cinema houses, but the rates it pays to the media have remained almost static, since the increases are more symbolic than actual whenever a new advertising policy is announced. It may be worthwhile for the government to consult all stakeholders including the Press Council, ASCI, Indian Broadcasting Foundation, News Broadcasters Association, the Film Federation of India and other film bodies before bringing out the next advertising policy. The recent move by the Supreme Court of setting up a three-member panel to discuss what constitutes advertising and propaganda will be helpful.

     

    FM BROADCASTING

     

    The initiative to allow transmission of AIR news on private FM radio on a as-is-where-is basis is a welcome move, but guidelines can be drawn up to permit discussions on entertainment or sports etc. by the channels themselves.

     

    Even as the process of the third phase has begun, it should be ensured that while on the one hand it is expedited, and on the other it does not clash with the DRM programme since that would force viewers to buy two different receiver sets.

     

    Undoubtedly, the third phase will help cover almost the entire country, but it has to be ensured that once the auctions are over, the procedures for clearing the channels should not only be speedy, but the annual fee should be affordable.

     

    COMMUNITY RADIO

     

    While the pace of the growth of community radio has not been good, the new programmes to provide finance to prospective entrepreneurs may help.  The introduction of awards for Community Radio has been a welcome step.

     

    Similarly, All India Radio programmes can be made available either free of cost or on a barter basis to channels that make good programmes.

     

    FILM INDUSTRY

     

    Although the film industry was given the status of an industry, little else was done to follow this up with positive action. And although it is one of the highest taxed industries in the country, the government has paid little heed to help filmmakers come up with original work. For this reason, the studio system that ruled the industry till the late fifties appears to be coming back with large corporate producers funding and producing films and independent filmmakers still facing an uphill task to find funds.

     

    The National Film Development Corporation though led by a dynamic leader Nina Lath Gupta has been constrained by a crunch in funds from the MIB. Gupta totally restructure and reinvented NFDC a few years ago until some distrust from the MIB saw funds drying up last year. It needs to have more money at its disposal, and it should be allowed to live up to its mandate of encouraging independent film makers and build a pipeline of more films every year.

     

    To overcome Manish Tewari’s view that the Films Division (FD) has outlived its existence, it would be a good idea to convert the FD into both a production body for its own producers and a funding body for independent documentary, animation and short films.  The government has to implement the decision of the Apex Court given almost two decades earlier that film magazines of the FD have to be compulsorily exhibited in cinema houses.

     

    But perhaps the most important problem is the high taxation by the government which still treats cinema as a service industry under the Shops and Establishment Act which treats lotteries on the same footing. Lower taxes – and abolition of entertainment tax – will not only help filmmakers, but also bring in more entrepreneurs to build cinema houses which have depleted to just around 10,000 for a country which has a population that is much larger.  

     

    FILM CENSORSHIP

     

    The Film Certification Guidelines under the Cinematograph Act 1952 were last amended in December 1991. If films have become more lax in showing violence or sex-oriented scenes, it is because society all around has changed and so have the members of the Central Board of Film Certification. It is therefore necessary for the new Minister to ensure that the guidelines reflect the level of acceptance of certain norms in society that were a taboo two or three decades earlier.

     

    Phew! Undoubtedly, all this presents a daunting task for the government. But good governance is known by what it does, not by what it claims it will do.

  • TDSAT directs Manthan Broadband to pay dues to IndiaCast

    TDSAT directs Manthan Broadband to pay dues to IndiaCast

    MUMBAI: The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has directed Kolkata based multi system operator (MSO) Manthan Broadband Services to cough up dues worth Rs 2.3 crore to IndiaCast. The order comes after the content aggregator threatened to disconnect its signals failing payment from the petitioner’s (Manthan) side of its monthly subscription fees.

     

    Manthan had admitted to dues of Rs 2.18 crore while IndiaCast claimed it to be Rs 5.07 crore. Adjusting the placement fees, TDSAT has settled it at Rs 2.3 crore. Manthan has been ordered to pay Rs 80 lakh by 30 May while the balance of the Rs 2.3 crore has to be given in two parts on 20 June and 15 July. It will also have to keep paying its monthly fees apart from its dues.

     

    Until further orders come, the monthly subscription fee shall be given after adjusting the placement fees. However, the Tribunal states that by adjusting this, it is not endorsing Manthan’s demand for placement fees or any such in the fresh agreement as well.

     

    Apart from this, Manthan has been directed to carry ETV News Bangla channel apart from the other channels in the agreement. ETV News Bangla was launched recently in March 2014.

     

    However, if Manthan defaults in the payment of dues or subscription fees, IndiaCast is free to disconnect its signals to the former without any notice or order from TDSAT.

     

    The next date of hearing has been set to 21 July and the parties have been asked to negotiate and come up with a fresh agreement starting from 1 April.