Tag: Trai

  • TRAI to give its views on net neutrality soon, govt confident of achieving total digitization by year-end

    TRAI to give its views on net neutrality soon, govt confident of achieving total digitization by year-end

    New Delhi: The Telecom Regulatory Authority of India is expected to come out with its final views on net neutrality in ‘a couple of months’, its chairman R S Sharma said today. He said that the Department of Telecom had sought a comprehensive view on net neutrality.

    Speaking at the CASBAA India Forum 2016, he said TRAI had a month earlier ruled against Facebook’s Free Basics programme, upholding net neutrality and leaving a level playing field for all players. “No service provider shall offer or charge discriminatory tariffs for data services on the basis of content,” the TRAI said in the order on discriminatory pricing of data content.

    “No service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of discriminatory tariffs for data services being offered or charged to the consumer on the basis of content,” the order said. The matter came to a head when Airtel decided to charge separately for Internet-based calls, but withdrew its plan later after facing public protests.

    He admitted that the regulations had not addressed various other concerns related to net neutrality in India but said TRAI had issued a consultation paper on the subject and also received various responses from both broadcasters and telecom service providers.

    Sharma acknowledged the challenges and opportunities as the country witnesses the fourth phase of Digital Addressable System (DAS). He said, “TRAI is not here to promote legacy systems in cable TV where a structural monopoly exists. With the objective of providing the right of choice to the consumers, we will allow the march of technology. At the same time, for healthy growth of the sector, it is crucial to strike the right balance between all the stakeholders through a constructive dialogue.”

    Taking lessons from the evolution of the telecom industry, Sharma urged the stakeholders in broadcasting to actively collaborate on issues like ‘infrastructure sharing’ and ‘set-top boxes’. “Today five or six telcos are willing to share one mobile tower showing how sharing and competition can go hand in hand. This can materialise in the broadcasting space as well. While TRAI has no plans to make infrastructure sharing mandatory, it may tweak the existing licensing system to provide support to the stakeholders who are interested in the idea,” he added.

    The issue of interoperability of the set-top box was discussed at length and TRAI’s S K Gupta stressed on the importance of pushing the use of a common set-top box by different operators. He pointed out that cost of procuring and maintaining set-top boxes weighs heavily on the balance sheets of MSOs, LCOs and digital TV companies. He also said that interconnected agreements between LCOs and MSOs can give two-way cable networks to the end users.

    Information and Broadcasting Ministry Joint Secretary (Broadcasting) R Jaya said “Phase IV of cable TV digitization is one of the most prominent routes to broadband connectivity which is key for providing services to citizens. It is high time for the industry to understand the value of interconnect agreements.”  She also reassured that MIB will complete its cable TV digitization drive by the end of 2016.

    At a later session, TRAI principal adviser U K Srivastava said that the regulations were being prepared on the basis of the responses received. Addressing a session on whether OTT can make a dent in India, he said OTT was now driving telecom service providers. Regulations were therefore needed to prevent manipulation or misuse. He did not rule out the possibility of another consultation paper in view of changes in technology. Essentially, he said the process had to be open and inclusive.

    Answering a question, Srivastava said it was too early to talk about carriage fee etc., but the regulator would want to ensure that the consumer pays for the services he receives.   

    The forum examined the ripple effect of the country’s digitization initiative, bringing together all the stakeholders including multi-system operators (MSO), local cable operators (LCO), DTH players, satellite technology providers, and regulators, among others was Digital India: The Four Phases of Cable Enlightenment.

    CASBAA’S CEO Christopher Slaughter set the tone by establishing the relation between the digitization of the cable TV system in India and Prime Minister Narendra Modi’s Digital India campaign.

    Later Ministry Director (B and C) Neeti Sarkar said the ministry has minimal intervention on the content side of the broadcasting industry. “We have made our procedures smoother by allowing single window clearance at the time of launching a new channel. Having said that, there has always been room for dialogue with all stakeholders,” she said.

    TRAI advisor Sunil Kumar Singhal said that it is time to bring consumer at the centre stage and then create regulations. He said, “There is a trust deficit among stakeholders. In the last few years, significant investments have been made in the digitization drive. Now it is time for us to monetize these capabilities.”

    Ministry special secretary J S Mathur talked about the recent developments in the media and broadcasting industry. “At the Ministry, the pace of permissions has scaled up. In the first three phases of digitization, we covered 70 million (7 crore) households. We also realize the need for a broadcasting policy and are willing to have more related conversations with all stakeholders,” he said.

  • MIB directs TV channels, MSOs, FM channels to follow directives of Delhi HC on Balaji comedy

    MIB directs TV channels, MSOs, FM channels to follow directives of Delhi HC on Balaji comedy

    New Delhi: Doordarshan and all private channels were today asked by the Information and Broadcasting ministry to comply with the directive of the Delhi High Court not to telecast or publicise in any manner the film Kya Kool Hain Hum 3.

     Justin Vipin Sanghi had passed the order earlier this year on a petition by Balaji Motion Pictures against WWW.1337.YOOTORRENT.COM and others barring them “from  communicating, making available, distributing ,duplicating, displaying, releasing, showing, uploading, downloading, exhibiting, playing, defraying the movie Kya KoolHai Hum 3 in any manner whatsoever without obtaining prior license from the plaintiff or in any other manner that would infringe the plaintiffs copyright in the said cinematograph film through any medium whatsoever.”

     Thirty-six other defendants were directed to ensure compliance of the order by the other defendants.

    The ministry directive dated 14 March was addressed to News Broadcasters Association (NBA), Indian Broadcasting Foundation Association of Regional Television Broadcasters of India, all TV Channels, all MSOs, and all FM Stations.

    In the petition, Balaji had said that release of any material or the film itself would lead to colossal losses to the company.

     Balaji impleading 300 defendants of which 1 to 203 are websites allegedly engaged in the business of uploading content. The plaintiff apprehends that the said websites may even upload unlicensed copy of the plaintiffs film Kya Kool Hai Hum3, of which the plaintiff claims to be the producer and copyright holder. defendants no.204 to 238 are Internet Service Providers (ISP), who are engaged in the business of providing basic telephony, mobile services and broadband network all over the world and are covered by the Information Technology Act, 2000 as well as Copyright Act, 1957 and the Telecom Regulatory Authority of India Act, 1997 (TRAI Act).

     The Ministry of Communication & Information Technology has been impleaded as defendant no.239. The plaintiff stated that defendants no.204 to 239 have been impleaded so that the orders that may be passed by the court may be implemented by them by blocking the infringing URLs of websites such as defendants no.1 to 203. Defendants no.240 to260 and 260-274 are Multi System Operators (MSOs) and cable operators governed by the Cable Network RegulationAct 1995 and the TRAI Act. The plaintiff stated that various MSOs and cable operators, including in Delhi could be engaged in unauthorised unlicensed production and broadcast, on their local channels and through other means, of various pirated contents, including cinematograph films through their cable network. The apprehension of the plaintiff was that the said defendants may indulge in broadcast of the aforesaid copyright of the plaintiff, which at the time of the court order of 19 January was yet to be released (on 22 January) and Balaji apprehends will infringe the copyright m  the  aforesaid cinematograph film.

  • MIB directs TV channels, MSOs, FM channels to follow directives of Delhi HC on Balaji comedy

    MIB directs TV channels, MSOs, FM channels to follow directives of Delhi HC on Balaji comedy

    New Delhi: Doordarshan and all private channels were today asked by the Information and Broadcasting ministry to comply with the directive of the Delhi High Court not to telecast or publicise in any manner the film Kya Kool Hain Hum 3.

     Justin Vipin Sanghi had passed the order earlier this year on a petition by Balaji Motion Pictures against WWW.1337.YOOTORRENT.COM and others barring them “from  communicating, making available, distributing ,duplicating, displaying, releasing, showing, uploading, downloading, exhibiting, playing, defraying the movie Kya KoolHai Hum 3 in any manner whatsoever without obtaining prior license from the plaintiff or in any other manner that would infringe the plaintiffs copyright in the said cinematograph film through any medium whatsoever.”

     Thirty-six other defendants were directed to ensure compliance of the order by the other defendants.

    The ministry directive dated 14 March was addressed to News Broadcasters Association (NBA), Indian Broadcasting Foundation Association of Regional Television Broadcasters of India, all TV Channels, all MSOs, and all FM Stations.

    In the petition, Balaji had said that release of any material or the film itself would lead to colossal losses to the company.

     Balaji impleading 300 defendants of which 1 to 203 are websites allegedly engaged in the business of uploading content. The plaintiff apprehends that the said websites may even upload unlicensed copy of the plaintiffs film Kya Kool Hai Hum3, of which the plaintiff claims to be the producer and copyright holder. defendants no.204 to 238 are Internet Service Providers (ISP), who are engaged in the business of providing basic telephony, mobile services and broadband network all over the world and are covered by the Information Technology Act, 2000 as well as Copyright Act, 1957 and the Telecom Regulatory Authority of India Act, 1997 (TRAI Act).

     The Ministry of Communication & Information Technology has been impleaded as defendant no.239. The plaintiff stated that defendants no.204 to 239 have been impleaded so that the orders that may be passed by the court may be implemented by them by blocking the infringing URLs of websites such as defendants no.1 to 203. Defendants no.240 to260 and 260-274 are Multi System Operators (MSOs) and cable operators governed by the Cable Network RegulationAct 1995 and the TRAI Act. The plaintiff stated that various MSOs and cable operators, including in Delhi could be engaged in unauthorised unlicensed production and broadcast, on their local channels and through other means, of various pirated contents, including cinematograph films through their cable network. The apprehension of the plaintiff was that the said defendants may indulge in broadcast of the aforesaid copyright of the plaintiff, which at the time of the court order of 19 January was yet to be released (on 22 January) and Balaji apprehends will infringe the copyright m  the  aforesaid cinematograph film.

  • TRAI permits flexibility in interconnect agreements without dilution of model agreement

    TRAI permits flexibility in interconnect agreements without dilution of model agreement

    New Delhi: In view of several disputes in TDSAT and various high courts on the issue, the Telecom Regulatory Authority of India has prescribed formats of the Model Interconnection Agreement (MIA) and Standard Interconnection Agreement (SIA) to be signed between the multisystem operator and the local cable operator for provisioning of cable TV services through the Digital Addressable Systems (DAS)

    The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Seventh Amendment) Regulations 2016 issued yesterday said MSO and LCO may enter into an interconnection agreement on lines of the MIA, or by signing the agreement strictly in terms of the SIA. Even as flexibility has been allowed on some issues, it has been mandated that the parties shall ensure that no such agreement will have the effect of diluting any of the conditions laid down in the MIA. 

    If the parties decide to enter into interconnection agreement on the terms of SIA, no addition, alteration and deletion of the clauses provided therein is allowed. They have the flexibility to modify clauses 10, 11 and 12 of the MIA through mutual agreement without altering or deleting any other clause of MIA. They also have a freedom to add additional clauses through mutual agreement to the MIA for stipulating any additional conditions.

    In a press release, the Authority said it was of the view that “the prescription of formats of MIA and SIA will pave the way for growth of the sector, result in reduction of disputes between the MSOs and LCOs, provide level playing field to the parties and increase healthy competition in the sector which ultimately will help in better quality of services to the subscribers.”

    Earlier in 2012, the Authority notified a comprehensive regulatory framework for DAS encompassing the interconnection regulation, the quality of service regulation, the tariff order and the consumer complaint redressal regulation.

    The interconnection regulation for DAS prescribes that MSO and LCO shall enter into a written interconnection agreement before provisioning of cable TV services to the subscribers. It was mandated that the interconnection agreement between MSO and LCO shall clearly earmark the roles and responsibilities in conformance to the quality of service regulations issued by the Authority from time to time.

    However, the Authority, while notifying the comprehensive regulatory framework for DAS did not notify any format specifying the terms and conditions for interconnection agreement as there could be various ways in which MSO and LCO can share the responsibilities in the interconnection agreement.

    TRAI received a large number of complaints regarding various issues in signing of the interconnection agreement between MSO and LCO. On the one end, the LCOs represented that the terms and conditions of draft agreements offered by MSOs are one sided and do not provide a level playing field. On the other end, the MSOs indicated that the LCOs are not willing to follow the terms and conditions of interconnection agreement already executed between them.

    It was noticed that the roles and responsibilities of MSO and LCO for meeting the quality of service norms as prescribed in the Quality of Service Regulations 2012 were not clearly defined in the interconnection agreement signed by them; due to which, in the event of any dispute between them the quality of service delivered to the consumers gets adversely affected.

    A comprehensive consultation process was carried out by the Authority to address the issue and the Authority decided to prescribe the terms and conditions for interconnection agreement in such a way that it addresses the various concerns of the stakeholders as well as it provide enough flexibility for accommodating various plausible business models between MSO and LCO.

    The full text of the Regulation is available on TRAI’s website www.trai.gov.in.

  • TRAI permits flexibility in interconnect agreements without dilution of model agreement

    TRAI permits flexibility in interconnect agreements without dilution of model agreement

    New Delhi: In view of several disputes in TDSAT and various high courts on the issue, the Telecom Regulatory Authority of India has prescribed formats of the Model Interconnection Agreement (MIA) and Standard Interconnection Agreement (SIA) to be signed between the multisystem operator and the local cable operator for provisioning of cable TV services through the Digital Addressable Systems (DAS)

    The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Seventh Amendment) Regulations 2016 issued yesterday said MSO and LCO may enter into an interconnection agreement on lines of the MIA, or by signing the agreement strictly in terms of the SIA. Even as flexibility has been allowed on some issues, it has been mandated that the parties shall ensure that no such agreement will have the effect of diluting any of the conditions laid down in the MIA. 

    If the parties decide to enter into interconnection agreement on the terms of SIA, no addition, alteration and deletion of the clauses provided therein is allowed. They have the flexibility to modify clauses 10, 11 and 12 of the MIA through mutual agreement without altering or deleting any other clause of MIA. They also have a freedom to add additional clauses through mutual agreement to the MIA for stipulating any additional conditions.

    In a press release, the Authority said it was of the view that “the prescription of formats of MIA and SIA will pave the way for growth of the sector, result in reduction of disputes between the MSOs and LCOs, provide level playing field to the parties and increase healthy competition in the sector which ultimately will help in better quality of services to the subscribers.”

    Earlier in 2012, the Authority notified a comprehensive regulatory framework for DAS encompassing the interconnection regulation, the quality of service regulation, the tariff order and the consumer complaint redressal regulation.

    The interconnection regulation for DAS prescribes that MSO and LCO shall enter into a written interconnection agreement before provisioning of cable TV services to the subscribers. It was mandated that the interconnection agreement between MSO and LCO shall clearly earmark the roles and responsibilities in conformance to the quality of service regulations issued by the Authority from time to time.

    However, the Authority, while notifying the comprehensive regulatory framework for DAS did not notify any format specifying the terms and conditions for interconnection agreement as there could be various ways in which MSO and LCO can share the responsibilities in the interconnection agreement.

    TRAI received a large number of complaints regarding various issues in signing of the interconnection agreement between MSO and LCO. On the one end, the LCOs represented that the terms and conditions of draft agreements offered by MSOs are one sided and do not provide a level playing field. On the other end, the MSOs indicated that the LCOs are not willing to follow the terms and conditions of interconnection agreement already executed between them.

    It was noticed that the roles and responsibilities of MSO and LCO for meeting the quality of service norms as prescribed in the Quality of Service Regulations 2012 were not clearly defined in the interconnection agreement signed by them; due to which, in the event of any dispute between them the quality of service delivered to the consumers gets adversely affected.

    A comprehensive consultation process was carried out by the Authority to address the issue and the Authority decided to prescribe the terms and conditions for interconnection agreement in such a way that it addresses the various concerns of the stakeholders as well as it provide enough flexibility for accommodating various plausible business models between MSO and LCO.

    The full text of the Regulation is available on TRAI’s website www.trai.gov.in.

  • TRAI: 35 companies control 243 operational FM channels, seven control 169

    TRAI: 35 companies control 243 operational FM channels, seven control 169

    New Delhi: Reliance Broadcast Network Ltd holds the largest number of FM radio channels with 45 Big FM channels in various cities.

    Figures released by the Telecom Regulatory Authority of India as part of its consultation paper on ‘Issues related to Radio Audience Measurement and Ratings in India’ shows that seven companies hold the largest number of FM channels (169) of the 243 channels currently operational after Phase II.

    Entertainment Network India Ltd through Radio Mirchi holds 36; South Asia FM Ltd through S FM has 23; Kal Radio Pvt. Ltd with S FM has 18; Music Broadcast Pvt. Ltd has 20 Radio City channels; D B Corp Ltd has 17 My FM channels; and BAG Information P Ltd runs ten Radio Dhamaal channels.A total of 28 companies run the remaining 74 FM channels in various parts of the country.

    Radio broadcasting services were opened to private sector in 2000 when the Government auctioned 108 FM radio channels in the VHF band (88 –108 MHz) in 40 cities in Phase-I of FM Radio. Out of these, only 21 FM radio channels became operational and subsequently migrated to Phase-II in 2005. In Phase-II of FM Radio, a total of 337 channels were put on bid across 91 cities having population equal to or more than 300,000. Of 337 channels, 222 channels became operational. At present, 243 FM Radio channels are operational in 86 cities.

    Phase-III auctions have begun to enable setting up of private FM Radio channels in all cities with a population of more than 100,000. As part of this Phase, auctions were done for 135 FM Radio channels in 69 cities where at least one channel of FM radio is already operational. Out of these, 91 FM Radio channels in 54 cities have been successfully auctioned.

    A total of 831 more FM Radio channels will be put up for auction in 264 new cities under FM radio Phase-III in addition to remaining channels of 135 FM radio channels put for auction recently.

    Terrestrial radio broadcasting which includes FM is a free-to-air service. A consumer can simply procure radio receiver equipment and tune into various radio channels available in that region. The business model of radio broadcasting service is based on advertisement revenue. Radio broadcasters are permitted to air commercials during their programme.

    The revenue of radio broadcasting sector in 2014 was Rs 1720 crore, with a year-on year increase of 18 per cent from 2013 to 2014, driven by increasing popularity of radio in smaller towns and cities. The radio broadcasting sector revenues are expected to grow at a CAGR of 18 per cent to reach Rs. 3950 crore by 2019.

    The total advertisement revenue of Media and Entertainment (M&E) industry was Rs. 41,400 crore in 2014, contributing approximately 31 per cent to the total M&E revenues. The advertisement revenue is expected to grow at a CAGR of 14.5 per cent to reach Rs 81,600 crore by 2019. Presently television and print media sectors corner the maximum advertisement revenue (approximately 80 per cent of the total revenues) spend in India. Though the radio broadcasting sector presently accounted for only 4 per cent of total advertisement revenue in 20143, it is however expected to garner 5 per cent of the total advertisement revenues by 2019.

  • TRAI: 35 companies control 243 operational FM channels, seven control 169

    TRAI: 35 companies control 243 operational FM channels, seven control 169

    New Delhi: Reliance Broadcast Network Ltd holds the largest number of FM radio channels with 45 Big FM channels in various cities.

    Figures released by the Telecom Regulatory Authority of India as part of its consultation paper on ‘Issues related to Radio Audience Measurement and Ratings in India’ shows that seven companies hold the largest number of FM channels (169) of the 243 channels currently operational after Phase II.

    Entertainment Network India Ltd through Radio Mirchi holds 36; South Asia FM Ltd through S FM has 23; Kal Radio Pvt. Ltd with S FM has 18; Music Broadcast Pvt. Ltd has 20 Radio City channels; D B Corp Ltd has 17 My FM channels; and BAG Information P Ltd runs ten Radio Dhamaal channels.A total of 28 companies run the remaining 74 FM channels in various parts of the country.

    Radio broadcasting services were opened to private sector in 2000 when the Government auctioned 108 FM radio channels in the VHF band (88 –108 MHz) in 40 cities in Phase-I of FM Radio. Out of these, only 21 FM radio channels became operational and subsequently migrated to Phase-II in 2005. In Phase-II of FM Radio, a total of 337 channels were put on bid across 91 cities having population equal to or more than 300,000. Of 337 channels, 222 channels became operational. At present, 243 FM Radio channels are operational in 86 cities.

    Phase-III auctions have begun to enable setting up of private FM Radio channels in all cities with a population of more than 100,000. As part of this Phase, auctions were done for 135 FM Radio channels in 69 cities where at least one channel of FM radio is already operational. Out of these, 91 FM Radio channels in 54 cities have been successfully auctioned.

    A total of 831 more FM Radio channels will be put up for auction in 264 new cities under FM radio Phase-III in addition to remaining channels of 135 FM radio channels put for auction recently.

    Terrestrial radio broadcasting which includes FM is a free-to-air service. A consumer can simply procure radio receiver equipment and tune into various radio channels available in that region. The business model of radio broadcasting service is based on advertisement revenue. Radio broadcasters are permitted to air commercials during their programme.

    The revenue of radio broadcasting sector in 2014 was Rs 1720 crore, with a year-on year increase of 18 per cent from 2013 to 2014, driven by increasing popularity of radio in smaller towns and cities. The radio broadcasting sector revenues are expected to grow at a CAGR of 18 per cent to reach Rs. 3950 crore by 2019.

    The total advertisement revenue of Media and Entertainment (M&E) industry was Rs. 41,400 crore in 2014, contributing approximately 31 per cent to the total M&E revenues. The advertisement revenue is expected to grow at a CAGR of 14.5 per cent to reach Rs 81,600 crore by 2019. Presently television and print media sectors corner the maximum advertisement revenue (approximately 80 per cent of the total revenues) spend in India. Though the radio broadcasting sector presently accounted for only 4 per cent of total advertisement revenue in 20143, it is however expected to garner 5 per cent of the total advertisement revenues by 2019.

  • TRAI studying concerns of service providers about inter-operability of set top boxes for cable television

    TRAI studying concerns of service providers about inter-operability of set top boxes for cable television

    NEW DELHI: Some service providers have raised concerns about feasibility of technical interoperability of set top boxes to the Telecom Regulatory Authority of India.

    TRAI, which is considering interoperability to enable consumers to switch to other service providers if they are not satisfied, says the objections relate to technical and commercial reasons. TRAI sources said the regulator is currently in a consultative process to understand their concerns before arriving at a solution.The objective of STB inter-operability is to make available STBs in open market, which will provide an exit option to the consumers who want to change their service providers due to some reasons or the other.This is expected to facilitate competition and improve quality of services offered to the consumers TRAI feels.

    The regulatory framework of TRAI mandates the commercial interoperability by prescribing that the STBs/Customer Premises Equipments (CPE) to be provided on outright purchase basis, hire purchase basis and rental basis.

    TRAI has also notified Tariff orders for Digital Addressable Cable TV Systems which prescribes a standard tariff package for offering of STBs to the subscribers. This tariff order provides an easy exit option to the subscribers and ensures availability of STBs at reasonable price while protecting the interest of the service providers.

    Similarly for DTH services, TRAI has prescribed a tariff order which prescribes certain restrictions on the DTH operators offering schemes of Customer Premises Equipment. The tariff order for DTH services – the Telecommunication (Broadcasting and Cable) Services (Seventh) (the Direct to Home Services) Tariff Order 2015 of 1 April last year – has been challenged and is sub judice.

  • TRAI studying concerns of service providers about inter-operability of set top boxes for cable television

    TRAI studying concerns of service providers about inter-operability of set top boxes for cable television

    NEW DELHI: Some service providers have raised concerns about feasibility of technical interoperability of set top boxes to the Telecom Regulatory Authority of India.

    TRAI, which is considering interoperability to enable consumers to switch to other service providers if they are not satisfied, says the objections relate to technical and commercial reasons. TRAI sources said the regulator is currently in a consultative process to understand their concerns before arriving at a solution.The objective of STB inter-operability is to make available STBs in open market, which will provide an exit option to the consumers who want to change their service providers due to some reasons or the other.This is expected to facilitate competition and improve quality of services offered to the consumers TRAI feels.

    The regulatory framework of TRAI mandates the commercial interoperability by prescribing that the STBs/Customer Premises Equipments (CPE) to be provided on outright purchase basis, hire purchase basis and rental basis.

    TRAI has also notified Tariff orders for Digital Addressable Cable TV Systems which prescribes a standard tariff package for offering of STBs to the subscribers. This tariff order provides an easy exit option to the subscribers and ensures availability of STBs at reasonable price while protecting the interest of the service providers.

    Similarly for DTH services, TRAI has prescribed a tariff order which prescribes certain restrictions on the DTH operators offering schemes of Customer Premises Equipment. The tariff order for DTH services – the Telecommunication (Broadcasting and Cable) Services (Seventh) (the Direct to Home Services) Tariff Order 2015 of 1 April last year – has been challenged and is sub judice.

  • TRAI starts exercise on separate regulatory body for rating radio listenership; comments deadline 11 April

    TRAI starts exercise on separate regulatory body for rating radio listenership; comments deadline 11 April

    New Delhi: The Telecom Regulatory Authority of India wants to know if there is a need to regulate the radio audience measurement and rating services and whether this should be done by the regulator/government or self-regulatory bodies.

    In a consultation paper issued today on ‘Issues related to Radio Audience Measurement and Ratings in India’, TRAI has also suggested some broad contours for an industry led body proposed to be formed for regulating the radio rating system and sought views of stakeholders on these.

    It has said that written comments on the consultation paper should be sent by 11 April and counter-comments, if any, may be submitted by 25 April.

    The paper also suggests some eligibility conditions for rating agencies and guidelines for methodology for audience measurement and wants views on these.

    At the outset, TRAI notes that the Information and Broadcasting Ministry issued guidelines for television rating agencies and an industry body Broadcasting Audience Research Council (BARC) has been entrusted with the task of conducting TV audience measurement.

    Similarly for the radio broadcasting sector, Radio Audience Measurement (RAM), which is an indicator of the number of listeners to a radio channels, has become essential.

    At present, radio audience measurement in India is conducted by AIR and TAM Media Research. AIR carries out periodical large scale radio audience surveys on various AIR channels. TAM Media Research conducts radio audience measurement on private FM radio channels through an independent division, which is a joint service between IMRB International and Nielsen Media Research. It uses the paper diary method to measure radio listenership with a panel size of 480 individuals each in Bengaluru, Delhi, Mumbai and Kolkata and listenership data is provided on a weekly basis.

    TRAI says the total advertising revenues of the radio broadcasting sector depend on the advertisement duration and the rates per unit time. The duration as well as the advertisements rates depends upon numbers and demographics of the radio listeners. Accordingly, there is a need for radio audience measurement which can measure the popularity of a channel or a programme for the advertisers and advertising agencies. This will assist them in selecting the right channel or programme at the right time to reach the target listeners. Further, it will also aid the radio channels in improving their programmes (both quality of the programme and content variety) for attracting more listeners.

    The task of allocating resources for advertisements by advertisers and advertising agencies has become increasingly challenging with the growth in the number of FM radio channels and vastly increased variety of programs available. Advertising expenditures are typically guided by audience measurement in addition to other factors such as cost of reaching various audience segments, advertisement placements and programme schedules.

    Advertisement revenues of the radio broadcasting sector are directly linked to listenership of radio channels. In case of newspapers and other print media, audience measurement is based on the number of copies sold. This physical count is however not possible in the case of radio and television sectors, wherein a different form of audience measurement is necessitated. 

    The Regulator has said that a few stakeholders, especially the FM radio operators have voiced concerns about the inadequate coverage and panel size of the radio audience measurement conducted by TAM Media Research. They have expressed reservations about the paper diary methodology used for such measurement. In fact transparency, trust, credibility and acceptability of the radio audience measurement are the key elements for its success.  Better radio audience measurement and ratings would end up promoting a radio channel while poor radio ratings will make it relatively less popular amongst advertisers. Incorrect radio ratings may lead to encouraging production of content which may not be really popular while good content and programs may be adversely impacted on account of misplaced ratings. False and misplaced radio ratings, therefore, can not only end up affecting broadcasters and advertisers, but also adversely impact the quality of the programs being produced and aired to the public. Therefore, there is a need to create a regulatory framework which enables accurate measurements that correctly represent the appropriate ratings for radio channels.  

    TRAI said the consultation paper had been issued to prescribe a framework for radio rating system in India that is conducive to growth, forward looking, and addresses the concerns of the stakeholders while protecting the interests of the consumers. The main objectives of the consultation paper are to ensure growth of the radio broadcasting sector; ensure transparency in radio audience measurement and ratings; ensure greater diversity and better quality content.

    TRAI  also wants to know the views of stakeholders on the rating agency panel size (in terms of numbers of individuals) for different categories of cities that may be mandated in order to ensure statistical accuracy and adequate coverage representing various genres, regions, demographics etc. for a robust radio rating system.

    It has asked if the desired panel size can be achieved immediately, and also if it has to be done in a phased manner, what the minimum initial panel size, quantum of increase and periodicity of such an increase in the panel size should be for different categories of cities.

    It has sought views on what should the rollout framework for introducing radio rating system across all the cities for FM services be and should all cities be covered in a phased manner.

    Stakeholders have been asked to give suggestions/ views as to how the confidentiality of individuals/households included in the panel can be ensured.

    Comments have also been sought on the complaint redressal mechanism for which a suggestion has been made in the paper.

    It wants to know if the rate card for sale and use of ratings data should be published in the public domain by the rating agencies.

    Comments have also been sought on the cross holding restrictions for rating agencies as discussed in the paper.  

    TRAI wants to know views on the parameters/procedures suggested in the paper pertaining to mandatory disclosures for ensuring transparency and compliance of the prescribed accreditation guidelines by rating agencies. Similarly it has sought views on the parameters/procedures suggested pertaining to reporting requirements for ensuring effective monitoring and compliance of the prescribed accreditation guidelines by rating agencies.

    Comments have been sought on the audit requirements for rating agencies and who should be eligible to audit the rating process/system.  What regulatory initiatives are required to promote competition in radio rating services, TRAI wants to know.

    In case guidelines/ rules for rating agency are laid down in the country, the regulator wants to know how much time should be given for complying with the prescribed rules to existing entities in the radio rating services which may not be in compliance with the guidelines.