Tag: TDSAT

  • Agencies, advertisers weigh in on BARC India filtering out outlier data

    Agencies, advertisers weigh in on BARC India filtering out outlier data

    MUMBAI: Recently, The Broadcast Audience Research Council India (BARC) announced that it is reverting to its earlier process of treatment of landing pages and filtering out outliers from the data as it released its week 23 ratings. This came just a week after the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) verdict allowing broadcasters and distributors of television channels to place registered satellite television channels (whose TV rating was measured by BARC India) on the landing page or boot up screen.

    This frequent change in the measurement module might have led to some confusion within the advertising community that relies heavily on BARC data for its marketing planning on television. Marketers Indiantelevision.com spoke to said that they prefer this data filtered out.

    MediaCom general manager Sudipto Chatterjee explained that any sudden spike in the reach or viewership of a channel is termed as an outlier. Citing an example of English news channels, which have comparatively lesser sampling than any other news channels, he elaborated, “Let’s say it has a base of 1000 subscribers and even if 150-250 more people view it, the range will look like it has shot up greatly, thus being counted as an outlier.”

    Placing channels on the landing page may lead to such outlier spikes but the viewership might not follow since it depends on the content that a channel features and that’s what media planners and marketers look at while strategising their plans.

    Chatterjee added, “We need to understand that in overall media planning, the outliers might just amount for 5-10 per cent of investment. It will not add anything to the GRP or reach. It is based on your consumer affinity. For media planners like us, we do not really buy numbers. It is more about content and what kind of audience I am looking at. Nobody looks at the minimal up and down in the ratings.”

    RK Swamy BBDO president and director Sangeetha N also mentioned that the landing page strategy is generally adopted by channels with very low ratings and any surges, even due to calculation errors, on such low bases, will be insignificant.

    She said, “For how long can a channel with poor content but deep pockets hold viewer attention by forcing landing page viewing? Only good content will define where the target audience will move to.”

    Carat India SVP Mayank Bhatnagar also shared similar views as he noted, “I feel that landing page is a mechanism to get people to sample a channel. If the content is good, one will continue to watch the channel or else they will move on. It doesn’t matter if the channel has the landing page rights for a month or even a year. Content is the key to get the viewership.”

    Advertisers also share a similar view. Angel Broking chief marketing officer Prabhakar Tiwari shared, “In our view, landing page is a purely promotional exercise. As per some industry data, a channel may get an increased viewership between 4 to 18 per cent subject to target demographics of a particular cable operator by investing in landing page-based promotions. We also have our internal research to guide us, as we take channel-specific media calls. Media decisions are taken after a lot of deliberation and we measure all factors before coming to a decision.”

    Although the data, filtered or unfiltered, does not really impact the marketing strategies, experts prefer having filtered statistics at their hands as it is more transparent and reliable, and thus feel that BARC India’s decision is a welcome move.

    Sangeetha noted, “The resuming of outliers being filtered out – whether manually or through automation – will mean more meaningful data, closer to reality, and hence will be welcomed. By this method, no channel gets preference over another by getting the landing page rights through the purchase of the same, hence prima facie no channel can have an unfair advantage.”

    Bhatnagar said, “By eliminating the outlier data, all channels are now on the same platform and can have an end-to-end comparison. Now it all depends on content.”

  • TDSAT directs BECIL to conduct re-audit of Skynet’s systems in Uttar Pradesh

    TDSAT directs BECIL to conduct re-audit of Skynet’s systems in Uttar Pradesh

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked BECIL to re-conduct the audit of the head end of Skynet Digital Service Pvt Ltd in the state of Uttar Pradesh. The decision has been taken on the request of Sony Pictures Networks (SPN) India Pvt Ltd, who on several grounds has been denying the MSO to cover the whole of the north Indian state. The interim order in this regard, in favour of Skynet, will stand functional till the next hearing that has been scheduled for 11 April 2019.

    Skynet had moved TDSAT with the matter last year stating that there was stiff opposition from broadcasters, including Zee Entertainment and Star India Pvt Ltd along with SPN, when it went ahead to extend its area of operation to the whole of Uttar Pradesh.

    Responding to the case, BECIL had conducted an audit of the head end of the MSO in January 2018 and then again in August 2018.  It was found that Skynet’s system was compliant with the necessary regulations. While the other two broadcasters stood satisfied with the output, SPN was granted the permission to conduct its own audit of the MSO’s systems.

    The audit was conducted in February last year and the report was submitted to the MSO in the month of April. Skynet filed its response to the report in July 2018.

    However, in the latest hearing SPN highlighted a series of issues in Skynet’s system based on its audit, which the latter stated were not incorporated in the earlier audit report submitted to it. The MSO also alleged that SPN is acting in collusion with Den Networks Ltd, which is its competitor in the state.

    SPN stated that though it had entered into an agreement with it as per the interim direction of this tribunal, it is bent upon raising one or the other grievance in the name of audit only to please Den Networks Ltd.

    The three major complaints raised by SPN against Skynet are: “Package Alternation Logs not provided from all the three CAS. Historical package channel composition not provided from two of the CAS; On analysing the package-wise channel composition as per the three CAS and SMS, differences were observed in the channel composition of CAS and SMS; On analysing the package-wise channel composition as per the three CAS and SMS, differences were observed in the channel composition of CAS and SMS.”

    As per details, three SPN channels namely, Animax, Sony Aath, and Tez were to be found only in SMS but not in CAS. The broadcaster thus had requested the tribunal that either it should be permitted to conduct the further audit or the three major areas of concern highlighted earlier may be referred to BECIL for its scrutiny, analysis, and opinion.

    Skynet though refuted all the claims made against it by SPN. It has stated that it has no qualms in BECIL conducting an audit of its systems again.

    The tribunal thus noted, “BECIL shall be at liberty to do whatever is required for giving a firm opinion in respect of the three issues noted above and to record its opinion whether the Skynet Digital Service Pvt Ltd’s head-end and system is regulation compliant, particularly, in view of the three allegations noted above. It will be for BECIL to decide what materials are relevant and whether fresh materials are required or not.  The cost of this exercise to be done by BECIL shall be met by the respondent (Sony Pictures Networks India Pvt Ltd), broadcaster for the present. It is expected that BECIL shall submit a report within six weeks.”

  • JPR Channel approaches TDSAT against TRAI directive on landing page

    JPR Channel approaches TDSAT against TRAI directive on landing page

    MUMBAI: Joining the league of Bennett Coleman and Company Ltd (BCCL) and All India Digital Cable Federation (AIDCF), multi system operator (MSO) JPR Channel has challenged the landing page directives of Telecom Regulatory Authority of India (TRAI) as per its new tariff order. The MSO is worried that the decision might impact its revenue.

    TRAI, in December last year, had barred all broadcasters and distributors of TV channels from placing any registered TV channel whose rating is being measured on the landing page or the boot-up screen. BCCL and AIDCF had challenged the order in Telecom Disputes Settlement and Appellate Tribunal (TDSAT), a few days after the announcement of the order.

    TDSAT has listed all the three matters for hearing on 12 March 2019. It has also asked TRAI to provide a copy of the reply in the other appeal to JPR. JPR can then file a rejoinder within 10 days.

  • TDSAT upholds RCom petition against DoT on one-time spectrum charge

    TDSAT upholds RCom petition against DoT on one-time spectrum charge

    MUMBAI: The Telecom Disputes Settlement and  Appellate  Tribunal (TDSAT) upheld Reliance Communications Ltd’s (RCOM) petition against the Department of Telecommunications (DoT), challenging DoT’s decision to impose One-Time Spectrum Charge  (OTSC)  on  its  contracted  CDMA  and  GSM  spectrum resources on 4 February 2019.

    Passing this order, TDSAT held that any telecom operator’s spectrum holdings of upto 5 MHz in the CDMA band and upto 6.2 MHz in the GSM band were exempt from any OTSC levies. TDSAT hence set aside the levy of OTSC on RCOM’s said spectrum.

    TDSAT has also directed DoT to return Rs 2,000 crore bank guarantee to RCom as per its earlier order passed on 3 July 2018.

  • TDSAT gives govt 10 days to respond to Harvest TV name change petition

    TDSAT gives govt 10 days to respond to Harvest TV name change petition

    MUMBAI: Telecom Disputes Settlement Appellate Tribunal (TDSAT), on 30 January, granted 10 days’ time to the government to reply to a broadcasting petition filed by Veecon Media and Broadcasting Pvt Ltd, stating that the government has been ignoring its request to change the name and logo of Congress leader Kapil Sibal-backed Harvest TV, which it had made in September 2017.

    The government had requested time to share details of ‘some show cause notices’ that have been ‘issued to Veecon Media and Broadcasting Pvt Ltd in respect of its shareholding as well as the use of the name “Harvest TV” for its channel’ and other ‘relevant facts’.

    The tribunal has directed that till further orders, Veecon can run its news and current affairs channel under the same name, without any hindrance. The next hearing of the case has been scheduled for 5 March 2019.

    The decision comes just a day after Sibal accused the government of creating a hindrance for Harvest TV stating that the centre is trying to stifle the voice of dissent.

    Presenting its case in front of TDSAT, Veecon had also shared that a show cause notice that was served to it on 29 January supports the apprehension that there may be strong efforts to prevent it from using the name “Harvest TV” and on account it may be prevented from running its TV channel under that name. It mentioned, “The respondent (Union of India) has not taken note of petitioner’s (Veecon’s) application filed for a change of name and logo of its channel to Tiranga TV”.

    Kerala-based Christian devotional channel Harvest TV, owned by Bibi George Chacko, had earlier accused Veecon of ‘riding on the goodwill and reputation of Harvest TV’ by using its name and logo, the permission for which was granted for only two years that, which expired on 31 January 2018. Responding to the claim Veecon asserted that Chacko can get the issue decided only through an appropriate court or authority.

  • 9X Media, B4U & MASTiii challenge FreeDish e-auction in Delhi HC

    9X Media, B4U & MASTiii challenge FreeDish e-auction in Delhi HC

    MUMBAI: Within a few days of DD FreeDish e-auction recommencement notice, 9X Media, B4U and MASTiii have filed a writ petition before the Delhi High Court asking for a stay on the upcoming e-auction process as they feel the base prices are very high for small broadcasters.

    It wants the court to quash the guidelines issued by Prasar Bharati on 15 January 2019 as well as its directive to disconnect channels from 1 March 2019.

    9x Media has mentioned that it is a loss-making entity with losses of Rs 7.81 crore and negative earnings per share and such a decision could adversely impact its business. Its petition contends that FreeDish has shut the doors on small non-profit making companies from being available to the public at large and instead prefers deep-pocketed ones.

    After a long hiatus, Prasar Bharati board gave a green signal to e-auctioning of slots for DD FreeDish along with a revised policy with a change in pricing. The new policy guideline has kept five buckets for e-auction of MPEG2 slots. Bucket A+ has been kept for Hindi GECs and teleshopping channels with a reserve price of Rs 15 crore, and Bucket A has been dedicated to Hindi movie channels with a reserve price of Rs 12 crore.

    Hindi music, sports and Bhojpuri GEC and movie come under Bucket B which has a reserve price of Rs 10 crore. All news & current affairs (Hindi), All news & current affairs (English) and news & current affairs (Punjabi) channels fall under the category of Bucket C which with a reserve price of Rs 7 crore. The Bucket D with the lowest reserve price of Rs 6 crore will comprise all other remaining genres/language channels.

    9X Media contends that these categories of ‘high commercial potentiality’ and prices have not been justified by FreeDish. The petition also states that companies running news channels such as TV Today Network and Zee Media are profit-making companies and so keeping their base price lower than music channels is unjustified.

    “The channels can differ in content, viewership, class of customer, commercial potentiality, advertisement available, peak time of the channel, regions and other factors…Different music channels can have different uptake, viewership, potentiality, etc,” the document reads.

    The petitioners state that the entire process has been conducted arbitrarily without maintaining transparency. It even adds that Prasar Bharati is “misusing its status of the largest DTH operator, having largest number of subscriber base, as it claims to hold about 30 million subscribers.” Without consulting stakeholders, such decisions lead to creating monopoly in the hands of a few.

    Additionally, Prasar Bharati is seeking carriage fees which are way higher than private players even as the validity of FreeDish having 30 million subscribers is contended.

    The e-auctioning of slots onDD Free Dish were arbitrarily called off in 2017 while the last e-auction of DD FreeDish took place in July 2017. Earlier, DD FreeDish used to hold e-auction once every couple of months to award vacant channel slots to private broadcasters.

  • TDSAT to hear Sony-Tata Sky audit case on 23 January

    TDSAT to hear Sony-Tata Sky audit case on 23 January

    MUMBAI: Accepting the joint plea made by Sony Pictures Networks India Pvt. Ltd. and Tata Sky Ltd, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has listed the hearing of the broadcasting petition filed by the former on 23 January 2019.

    SPN had sought an order allowing it to conduct an on-ground technical and commercial audit of Tata Sky’s systems in the month of October this year. It had also asked Tata Sky to cooperate in the audit process and ‘provide unhindered access’ to its systems, given that the latter had signed a RIO agreement in 2004 with Taj TV India Pvt. Ltd., which is now a part of SPN, conceding the right to hold audit in favor of the broadcaster.

    Tata Sky in response had claimed that the said regulations are not acceptable in the light of another RIO agreement that was executed between the parties on 29 September 2018 and became effective from 1 October 2018.  

    It had said that it is “not opposed to the holding of an audit by an independent auditor but it is opposed to applicant’s having unhindered access to many other information and data relating to products of other broadcasters”. It requested that an independent authority, such as BECIL, should conduct the audit and also objected to some clauses in the agreement on the ground that they will encroach upon its right to keep certain information confidential.

    In the previous hearing, on 27 November 2018, TDSAT had ordered both the parties to allow BECIL to conduct the audit at an early date, preferably within two weeks, in accordance with the requirement of regulation keeping the concern of SPN in view.

  • IBF to intervene in TRAI’s SC petition on 15% discount cap

    IBF to intervene in TRAI’s SC petition on 15% discount cap

    MUMBAI: The TRAI tariff order, which remained a topic of intense debate and discussion in 2017 and 2018, is likely to dominate discourse early on in 2019 too, at least from a legal standpoint as the Supreme Court resumes work after the winter vacations.

    A source close to the development has told Indiantelevision.com that the Indian Broadcasting Foundation (IBF) is set to intervene in the matter — a special leave petition (SLP) filed by the regulator seeking clarifications on 15 per cent discount cap — when it gets listed.

    All parties, including Star India, which were part of the Madras High Court proceedings, are involved in TRAI’s petition on the issue of 15 per cent cap on discount on a bouquet price or a la carte price of TV channels to consumers.

    The IBF was not originally a party, but an intervener. Hence it wasn’t incumbent upon the TRAI to make it a party in the fresh SLP. However, the IBF will now implead itself in the petition.

    Currently, the tariff order and regulations are getting implemented without the 15 per cent cap as confusion prevails over its validity, though a section of the industry is of the opinion that the Madras High Court had struck down the discount cap issue. TRAI had not issued any clarification on this while setting a roadmap earlier this year for the new tariff regime’s implementation after the Madras HC order.

    On Monday, Star India’s MD Sanjay Gupta during a media roundtable, responding to a question from Indiantelevision.com on the broadcaster’s position on the 15 per cent discount cap said, “It is up to the court to decide that. Now, as an SLP is in the SC…the courts will decide. I don’t have a view beyond that. In the current ruling, there is no discount cap. It may change going forward depending on the SC ruling.”

    Gupta, however, was confident in adapting to a new pricing structure should the SC uphold the high court’s view on the 15 per cent cap.

    “In case the court has a new ruling that discounts have changed, pricing [too] needs to change, both a-la-carte and bouquet pricing in that case, because the distance between them has to be only 15 per cent. I think we are still awaiting the court’s decision and if we need to adapt to it, then we’ll adapt to it. But there will be a shift again in pricing if that comes through,” he added.

    TRAI’s petition demands that the SC set aside the portion of the high court judgment that frowns on the 15 per cent cap on discounts on bouquet prices of TV channels.   

    The Madras High Court, while upholding most of the TRAI tariff order — issued middle of 2016 and challenged by Star India and Vijay TV later that year on grounds of overstepping of jurisdiction — had struck down as arbitrary almost 18 months later the 15 per cent cap on bouquet prices.

    With the case finally disposed of by the Supreme Court earlier this year, upholding the high court’s views, TRAI had issued a notification stating that India’s broadcast and cable industry stakeholders implement its tariff regime in phases and report on compliance.

  • TDSAT gives 30 days to Tata Sky, IndiaCast to sign agreement

    TDSAT gives 30 days to Tata Sky, IndiaCast to sign agreement

    MUMBAI: Direct to home (DTH) operator Tata Sky and TV18-owned content distributor IndiaCast Media have got another 30 days from the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to enter into a content agreement under the ongoing legal spat between the two regarding a disconnection notice.

    TDSAT has ordered that the parties should enter into an agreement either on negotiated terms or on RIO terms within a further period of 30 days.  The interim orders passed earlier continue till next date.

    The matter has been posted under the same head on 22 January 2019.

    This is the second time that Tata Sky and IndiaCast Media have asked for an extension to decide on a content agreement from TDSAT. During the earlier hearing in October, the parties had asked for more time to settle on an agreement. TDSAT had given them an additional 30 days notice to settle the matter.

    Tata Sky had moved to TDSAT against the disconnection notice issued by IndiaCast, citing non-signing of the agreement, in September. The DTH operator had then sought an extension of the agreement, whose term had expired on 31 July, to be operative for a further period of three months.

    The tribunal had directed the parties to either arrive at a negotiated agreement otherwise they must enter into an RIO based agreement in accordance with the regulations.

  • TRAI tariff issue back in Supreme Court

    TRAI tariff issue back in Supreme Court

    NEW DELHI: The twists and turns in the case of a new tariff regime being sought to be implemented by broadcast and telecoms regulator TRAI continues. It has filed a petition in the Supreme Court on the issue of 15 per cent cap on discount on a bouquet price of TV channels to consumers that had been set aside by Madras High Court while upholding TRAI’s right to regulate the broadcast sector.

    On a matter that’s complicated, TRAI’s petition, in layman’s language, exhorts the Supreme Court to set aside that portion of the high court judgement that frowns on the 15 per cent cap on discounts on bouquet prices of TV channels.   

    The Madras High Court, while upholding most of the TRAI tariff order — issued middle of 2016 and challenged by Star India and Vijay TV later that year on grounds of overstepping of jurisdiction — had struck down as arbitrary almost 18 months later the 15 per cent cap on bouquet prices.

    With the case finally disposed of by the Supreme Court earlier this year, upholding the high court’s views, TRAI had issued a notification stating that India’s broadcast and cable industry stakeholders implement its tariff regime in phases and report on compliance.

    As the final compliance deadline nears the end of the year, the new twist in the tariff tale — nudged by an appeal of Chandigarh-headquartered MSO Fastway in disputes tribunal TDSAT — may add to the ambiguity and result in further delays in signing of contracts between TV channels and distribution platforms.

    A hearing of the fresh TRAI petition is likely early next week. Keep tuned in for soap-opera type twists in the script.