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Tag: Trai

  • TRAI calls for expediting interconnection

    TRAI calls for expediting interconnection

    MUMBAI: The implementation of Digital Addressable Cable TV Systems (DAS) in India is in progress in a phased manner. The entire structuring is planned in 4 phases.  In Phase-III, the    sunset  dates   for   analog   TV   transmission in   urban   areas   is 31 December, 2015.  

     

    The  MSOs (Multi System  Operators), who   have  been  granted registration  for  providing   cable  TV  services through  DAS,  are required to enter  into interconnection agreements with pay TV broadcasters for  re-transmission of  pay  TV  channels to  the  subscribers.

     

    According to the official report for implementation of DAS, the Authority has notified a comprehensive regulatory framework encompassing interconnection, quality of service, consumer complaint redressal regulation and tariff orders.

     

    The Regulatory framework for DAS  provides that every broadcaster shall  provide  the  signals of TV  channels to a  MSO, in accordance with  its  reference  interconnect offer  or as  may  be mutually agreed,  within  60 days from  the date of receipt  of the request and in case the request for providing signals of TV Channels is not agreed  to, the reasons  for such  refusal to provide signals  shall  be  conveyed to the  person  making  a request  within  60  days  from  the  date  of request.

     

    As the cutoff date for Phase-III areas is fast approaching, the registered MSOs are advised to make a written request to the broadcasters of pay channels for provisioning of the signals of TV channels as per their business requirement, so that they get signals of pay TV channels well before the cutoff date.

     

    The MSOs  who  have  approached  pay TV  broadcasters  for providing  signals  of TV channels  in accordance  with the provisions  of the interconnection  regulations  but have not been able to enter into interconnection  agreement even after passage of 60 days from the date of making request and also not received valid reasons for not entering into interconnection agreement from the broadcaster may write to TRAI by 28 November, 2015 through e-mail at das@trai.gov.in  for initiating action in such cases as per TRAI Act.

  • Interconnect agreements mandatory for provision of signals: TRAI

    Interconnect agreements mandatory for provision of signals: TRAI

    NEW DELHI: Following several cases in this regard before the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), the Telecom Regulatory Authority of India (TRAI) today proposed that no signals can be provided to multi system operators (MSOs) or cable operators after the expiry of the Interconnect Agreement.

     

    The draft Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Sixth Amendment) Regulations 2015 says that: “It shall also be mandatory for the broadcaster to enter into written interconnection agreement with the multi system operator for retransmission of the pay channel(s) even if nil subscription fee is charged by the broadcaster or paid by the cable operator.”

     

    All stakeholders have been asked to respond with their comments by 20 November with counter-comments by 27 November.

     

    The draft says that it will be mandatory for the service providers to enter into new agreements 21 days prior to the date of expiry of the existing agreement “to ensure that inconvenience is not caused to the consumers by sudden disconnections of signals due to failure of the service providers to enter into new interconnection agreements.”

     

    Furthermore, broadcasters or MSOs, as the case may be, will give notice to the MSO or the linked local cable operator (LCO), as the case may be, to enter into the new agreement 60 days prior to the date of expiry of the existing interconnection agreement.

     

    In case the service providers fail to enter into new interconnection agreement, the MSO or the linked LCO, will have to inform the consumer the disconnection of signals 15 days prior to the date of expiry of the agreement.

     

    TRAI said it had been observed from the Interconnection details submitted by the service providers that signals of TV channels are being provided by several broadcasters to MSOs and MSOs to LCOs even in the absence of interconnection agreement in writing.

     

    This continuation of retransmission of signal without valid interconnection agreement on the pretext of continued mutual negotiations often results into disputes and sometimes abrupt disconnection, which affects the quality of service to the consumers.

     

    Another area of concern brought to the notice of the Authority was regarding the effective date of applicability of new agreements: that is, whether the new agreement shall apply from the date of entering into the new agreement or it shall apply from the date of expiry of earlier agreement. It not only results in complaints but also disputes between service providers.

     

    Therefore, TRAI has reviewed the present regulations, which provide scope for mutual negotiations even after expiry of the agreement has been reviewed so that no signal can be provided after expiry of the interconnection agreement between the service providers.

  • TRAI won’t withdraw call drops penalty, to carry another audit in Dec

    TRAI won’t withdraw call drops penalty, to carry another audit in Dec

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) has reiterated that the newly-introduced penalty for call drops slated to come into effect from January will not be withdrawn.

     

    In a meeting with the chief executive officers of Telecom Service Providers (TSPs) to apprise them about the findings of the drive tests conducted recently in Delhi and Mumbai, TRAI said an audit of networks in Mumbai and Delhi had shown showed unsatisfactory network quality.

     

    TRAI, which had carried out special independent drive tests for Cellular Mobile Telephone Services in the Mumbai and Delhi in June and July and then in September this year, will carry out fresh audits in December to review the situation. There were no significant improvement in the performance of the TSPs.

     

    The findings of these tests along with a consolidated analysis of the reports were uploaded on TRAI website.

     

    The service providers had stated in their meeting with TRAI that they had taken and continue to take a number of steps to improve the quality of network in these areas and that the quality of service had improved.

     

    In the meeting, the findings of the test drive were discussed and the service providers were requested to take action for further improvement of the network conditions.

     

    TRAI officials agreed to share with service providers and other stakeholders the independent drive tests carried In other major cities – Surat, Kolkata, Bhubaneswar and Ahmedabad.

     

    The service providers had stated that there are a number of other issues affecting quality of service of the network resulting in call drops. The Authority assured it would extend whatever help possible to the telecom service providers.

  • Snapdeal names Aircel’s Anup Vikal as CFO

    Snapdeal names Aircel’s Anup Vikal as CFO

    MUMBAI: Snapdeal has appointed Anup Vikal as the chief financial officer (CFO).

     

    A seasoned finance professional Vikal brings over 23 years of experience in finance, strategy and corporate governance across multiple industry sectors.

     

    Prior to his appointment at Snapdeal, he served as CFO at Aircel, where he was responsible for building business through revenue growth, implementing massive cost optimisation, restructuring of debt and capital, improving the Credit Rating of the company as well as interfacing with the government, TRAI and other authorities. 

     

    Before joining Aircel, Vikal was the group CFO and head of strategy and IT at InterGlobe Enterprises. Earlier, he also served as director and head of finance shared services for Colt Technology for three years and Bharti Airtel where he headed the finance division for close to seven years.

     

    Snapdeal co-founder and CEO Kunal Bahl said, “We are very excited to have Anup on-board. His wealth of experience in building and executing the financial infrastructure in companies across complex large organisations in the country will further strengthen our leadership team.”

     

    Vikal added, “In the last few years, Snapdeal has emerged as a leader within the e-commerce and tech space and I look forward to joining the young and energetic Snapdeal family. E-commerce is a dynamic and interesting space to work with and my focus will be to ensure we are financially well positioned yet nimble so that we can continue to create value for our customers, sellers, investors and employees.”

     

    He will be based out of Snapdeal’s Gurgaon office.

  • Government issues regulations for spectrum trading

    Government issues regulations for spectrum trading

    NEW DELHI: Spectrum trading will be allowed only between two access service providers, holding Cellular Mobile Telephone Service (CMTS) License, Unified Access Service License (UASL), Unified License (Access Services)(UL(AS)) and Unified License (UL) with authorization of Access Service in a licensed service area.

     

    All access spectrum bands earmarked for Access Services by the licensor will be treated as tradable spectrum bands, according to the Communications and Information Technology Ministry.

     

    The decision of the government has been announced after considering the recommendations of the Telecom Regulatory Authority of India (TRAI) in this connection.

     

    Only outright transfer of right to use the spectrum from the Access Service Provider who is transferring the right to use the spectrum is (seller) to Access Service Provider who is acquiring the right to use spectrum (buyer) will be permitted. Leasing of spectrum is not permitted.

     

    Spectrum trading will be permitted only on a pan-LSA (Licensed Service Area) basis. In case the spectrum assigned to the seller is restricted to part of the LSA by the Licensor, then, after trading, the rights and obligations of the seller for the remaining part of the LSA with regard to assignment of that spectrum shall also stand transferred to the buyer. Further, relevant provisions of NIA with respect to spectrum assignment in part of the LSA, which were applicable to seller before the spectrum trade, will apply to buyer subsequent to the spectrum trade.

     

    The National Telecom Policy envisages to move at the earliest towards liberalisation of spectrum to enable use of spectrum in any band to provide any service in any technology as well as to permit spectrum pooling, sharing and later, trading to enable optimal utilisation of spectrum through appropriate regulatory framework.

     

    The spectrum trading leads to greater competition provides incentives for innovation, better services being available to consumers at cheaper tariffs, better choice to consumer, etc. This also facilitates ease of doing business in India by allowing free play in the commercial decisions and leads to optimisation of resources apart from improving the spectral efficiency and quality of service.

     

    Spectrum trading shall be permitted only in the following block sizes (band wise):

     

    Spectrum band

    Block Size

    800 MHz

    2×1.25 MHz

    900 MHz

    2×200 KHz

    1800 MHz

    2×200 KHz

    2100 MHz

    2×5 MHz

    2300 MHz

    20 MHz in TDD

    2500 MHz

    20 MHz in TDD and 2×10 in FDD

     

    Spectrum trading will not alter the original validity period of spectrum assignment as applicable to the traded block of spectrum.

     

    Only the spectrum specified in the table is permissible to be traded which has either been assigned through an auction in the year 2010 or afterwards, or on which the Telecom Service Provider (TSP) has already paid the prescribed market price as per para 24 below. In such a case, entire spectrum would be tradable. In respect of spectrum in 800 MHz acquired in the auction held in March 2013, trading of spectrum shall be permitted only if the differential of the latest auction price and the March 2013 auction price on pro-rata basis on the balance period of right to use the spectrum is paid

     

    Both the licensees trading the spectrum shall jointly give a prior intimation for trading the right to use the spectrum at least 45 days before the proposed effective date of the trading as per prescribed format to Wireless Adviser, Wireless Planning and Coordination Wing, Department of Telecommunications, 6th floor, Sanchar Bhawan, 20, Ashok Road, New Delhi – 110001.

     

    Both the licensees will also give an undertaking that they are in compliance with all the terms and conditions of the guidelines for spectrum trading and the license conditions and will agree that in the event, it is established at any stage in future that either of the licensee was not in conformance with the terms and conditions of the guidelines for spectrum trading or/and of the license at the time of giving intimation for trading of right to use the spectrum, the Government will have the right to take appropriate action which inter-alia may include annulment of trading arrangement.

     

    The seller will clear all its dues prior to concluding any agreement for spectrum trading. Thereafter, any dues recoverable up to the effective date of trade shall be the liability of the buyer.

     

    The Government at its discretion will be entitled to recover the amount, if any, found recoverable subsequent to the effective date of the trade, which was not known to the parties at the time of the effective date of trade, from the buyer or seller, jointly or severally. The demands, if any, relating to licenses of seller, stayed by the Court of Law, shall be subject to outcome of decision of such litigation. 

     

    Where an issue, pertaining to the spectrum proposed to be transferred is pending adjudication before any court of law, the seller shall ensure that its rights and liabilities are transferred to the buyer as per the procedure prescribed under the law and any such transfer of spectrum will be permitted only after the interest of the Licensor has been secured.

     

    The relevant provisions in the NIA for auction of spectrum with regard to liberalisation of existing spectrum holding in 800 MHz/1800 MHz band shall apply. In respect of other bands, where spectrum has not been acquired through auction, terms and conditions of liberalisation shall be as decided by the Government from time to time.

     

    A TSP will be allowed to sell the spectrum through trading only after two years from the date of its acquisition through auction or spectrum trading or administratively assigned spectrum converted to tradable spectrum.

     

    In case of administratively assigned spectrum converted to tradable spectrum after paying the prescribed market price, period of two years will be counted from the effective date of assignment of administrative spectrum.

     

    If a buyer is acquiring the entire spectrum holding of the seller in a spectrum band, then it shall fulfil the associated roll-out obligations within the balance time period for compliance subject to a minimum period of two years.

     

    If the buyer is acquiring a part of the spectrum holding of the seller in a spectrum band, then both buyer and seller will have spectrum holding in that band after the trade. In such a scenario, both will be responsible for the roll-out obligations. There is no change in the roll-out obligations prescribed for seller, even if it is holding a lesser quantity of spectrum in that band post-trade. In addition, buyer will also be required to fulfil entire roll-out obligations. Since there is no change in the roll-out obligations of seller and there will be additional roll-out obligations for buyer, the buyer shall be given entire time duration to fulfil these roll-out obligations.

     

    The seller should clear its Spectrum Usage Charges (SUC) and its instalment of payment due (in case seller had acquired the spectrum through auction and opted for deferred payment) till the effective date of trade and thereafter, the buyer shall clear all these dues.

     

    A non-refundable transfer fee of one per cent of the transaction amount of aforesaid trade or one per cent of the prescribed market price, whichever is higher shall be imposed on all spectrum trade transactions, to cover the administrative charges incurred by Government in servicing the trade. The transfer fee shall be paid by the buyer to the Government. Transaction amount refers to the amount payable by the buyer to the seller to purchase the rights to use the spectrum block(s). It will be decided exclusively by the buyer and the seller. The market prices shall be equal to the auction determined amount prorated for the balance validity period of spectrum assignment. In case more than one set of market determined prices are available, the latest market determined price available at the time when the TSP wants to trade its spectrum holding, would be applicable. If the auction determined prices are more than one year old, the prevailing market price shall be applied by indexing the last auction price at the rate of SBI PLR.

     

    Frequency swapping/reconfiguration from within the assignments made to the licensees shall not be treated as trading of spectrum. The conditions in the NIA shall govern frequency swapping/reconfiguration.

     

    A licensee shall not be allowed to trade in spectrum if it has been established that the licensee had breached the terms and conditions of the license and the Licensor has ordered for revocation/termination of its license.

  • TRAI asks telcos to compensate users for call drops from 1 January

    TRAI asks telcos to compensate users for call drops from 1 January

    NEW DELHI: Telecom service providers (TSPs) will henceforth have to compensate consumers for up to three dropped calls a day from 1 January, 2016.

     

    According to the Telecom Regulatory Authority of India (TRAI), the calling consumer will be reimbursed by one rupee a call from midnight to midnight.

     

    A message will have to be sent within four hours to the consumer about the call drop and the amount credited, and this will be done in the bill for the post-paid customers.

     

    The mandatory provisions have been announced in the ninth amendment to the Telecom Consumers Protection Regulations 2012 issued today.

     

    TRAI’s move will bring relief to the consumer and also encourage the TSP to improve their quality of service.

     

    TRAI will keep a close watch on the steps being taken by TSPs to reduce dropped calls following this mandatory provision and review the situation after six months.

     

    Call drop represents “the service provider’s inability to maintain a call once it has been correctly established, that is, calls dropped or interrupted prior to their normal completion by the user, the cause of the early termination being within the service provider’s network.”

     

    TRAI had issued a consultation paper on this issue last month and held an open house with stakeholders on 1 October before issuing the amendment.

     

    The regulator said the action was taken “after careful examination of the comments received from the stakeholders and further analysis” to provide relief to consumers by “mandating the following to every originating service provider providing Mobile Services for each call drop within its network.”

  • DAS Phase III: Only 62 MSOs sent requests for agreements with b’casters even as deadline looms

    DAS Phase III: Only 62 MSOs sent requests for agreements with b’casters even as deadline looms

    NEW DELHI: Even as the deadline for completing the third phase of Digital Addressable System (DAS) appears to be hovering over, only 62 multi system operators (MSOs) have so far approached broadcasters for finalising inter connect agreements.

     

    The Ministry of Information and Broadcasting (MIB) today again asked all registered MSOs to immediately send their requests to broadcasters for interconnection agreements on channels in Phase lll areas.

     

    In case broadcasters do not respond to their requests, the MSOs have been asked to inform the Telecom Regulatory Authority of India (TRAI) immediately in this regard, with a copy to the MIB.

     

    It was pointed out that the Ministry had, by an email of 6 April this year, advised all MSOs to send the copies of their communication with broadcasters regarding RlOs to TRAI for intervention.

     

    But “it appears that some MSOs have either not approached broadcasters for channels or have not informed TRAl about their problem,” MIB said in its advisory.

     

    According to Chapter ll of the Interconnection (Digital Addressable Cable System) Regulations 2012 issued by TRAI, MSO are required to send a request to the broadcasters for TV channels in DAS areas and on their requests broadcasters are required to send their Reference Interconnect Offer (RlO) to them within 60 days of receipt of such requests.

     

    MSOs operating or planning to operate in Phase lll areas should have by now entered into interconnection agreements with the broadcasters, but the Ministry said “it is given to understand from the periodical reports submitted by the broadcasters to TRAI that only 62 MSOs have so far approached them for interconnection agreements for TV channels for phase lll areas.”

  • MIB extends FM Radio migration fee submission date to 27 October

    MIB extends FM Radio migration fee submission date to 27 October

    NEW DELHI: The Ministry of Information and Broadcasting (MIB) has yet again extended the date of submitting the total migration fees for existing operators of Phase II FM Radio wanting to migrate to Phase III to 27 October.

     

    Earlier, those wanting to migrate had been told that they could pay 25 per cent of the non-refundable one-time entry fee (NOTMF) by 5 October and the balance by 15 October.

     

    Accepting another demand by Phase II FM operators for extension of time, the MIB once again said the option of migration only applied to Phase II operators and not Phase I operators.

     

    Meanwhile, the Ministry has assured the Courts that FM channels whose petitions are pending before courts would be given the chance to migrate in case they succeeded in their pleas. This includes some channels of the Sun Group of companies.

     

    Earlier on 29 September, it had said that the migration fee had been fixed according to the recommendations of the Telecom Regulatory Authority of India (TRAI) of 20 February this year.

     

    Each channel in Mumbai, which falls under the ‘A’ plus category will have to pay Rs 36.69 crore to the Ministry while each channel from category ‘D’ city- Aizawl will have to shell out Rs 0.12 crore.

     

    This means that from Mumbai, the Ministry will receive a total of approximately Rs 256.83 crore, considering there are seven stations – Radio City, Red FM, Fever FM, Big FM, Radio One, Radio Mirchi and Oye FM.

     

    The second highest pay-out will come from New Delhi, which will pay Rs 33.33 crore per channel, which means that all the stations together will contribute about Rs 266.64 crore.

     

  • TRAI devices simplified online form to gain info on LCOs & linked MSOs

    TRAI devices simplified online form to gain info on LCOs & linked MSOs

    NEW DELHI: With the deadline for Phase III of digital addressable system (DAS) virtually at the doorstep, the Telecom Regulatory Authority of India (TRAI) has created a Google form to gain first-hand information about every local cable operator (LCO) in the country.  

     

    According to information available with Indiantelevision.com there are more than 60,000 LCOs in the country and no authority at present has the complete information about each of them. 

     

    According to TRAI, the aim was part of its function to regulate the telecom and broadcasting services; lay-down the standards of quality of service to be provided by service providers and ensure level playing field amongst the service providers and nurture the condition for the growth of the sector.

    The regulator said it had been taking up several activities to protect the interest of cable operators, address their grievances and educate them about their rights and obligations. 

     

    However it required data to keep the LCOs updated about the policies and regulation made by TRAI, data related to the LCOs such as name, address, e-mail, mobile number and city of operation etc.

     

    The online information gathering mechanism through a single Google form will help the regulator get all the information about the LCOs, which will be stored by TRAI in its database.

     

    The form, which is easy to fill, has only sought the full contact details of the LCO, whether he gets his signals from the broadcaster or multi system operators, and the names of the MSOs he is attached to.

     

    The link to the form is 

    https://docs.google.com/forms/d/1dWCwSlNEkcAqFbQhep9T7OmOhfHZSNN5UMFGr2a1wyc/viewform?usp=send_form or http://goo.gl/forms/q34NG1AHHf

  • TDSAT asks Karnataka LCO body to reconcile disputes with Siti Cable

    TDSAT asks Karnataka LCO body to reconcile disputes with Siti Cable

    NEW DELHI: The Karnataka State Digital Cable TV Operators Welfare Association has been asked to visit the Bangalore offices of Siti Cable Networks to reconcile their accounts and resolve their disputes about quality of set top boxes (STBs).

     

    The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) had asked the parties in August to take their issues before a mediation centre by 30 September. It was informed today that the parties were meeting and discussing the matter bilaterally.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava listed the matter for future hearing on 9 October.

     

    It had also directed the parties in the last hearing that status quo would be maintained till this exercise is completed.

     

    Furthermore, the Tribunal said any one of the two parties were free to mention the matter before the Tribunal in case it is not satisfied with the mediation.

     

    The Karnataka Association claims to represent 269 cable operators and its counsel Nittin Bhatia claimed that the STBs were of very poor quality and was badly affecting the viewing quality of the signals supplied by Siti Cable.

     

    He said that all the cable operators who are part of the petition were willing and prepared to make payment of the monthly subscription fees at the rate of Rs 60 per month. He also stated that the cable operators are willing to have a reconciliation of accounts and if any dues are found against them at the rate of Rs 60 per month, they would clear all the dues without delay. 

     

    Bhatia said all the cable operators who are represented in the petition were willing to introduce package-based transmission as directed by the Telecom Regulatory Authority of India (TRAI), as in that case the cable operators would also be entitled to certain benefits.

     

    Siti Cabe counsel Upender Thakur said there was a dispute as to the number of cable operators involved. He also said large sums are due against the cable operators and  in any event Siti Cable is bound to follow the TRAI’s direction to introduce package-based transmission of channels. 

     

    The Tribunal said the parties should first try to resolve their disputes through mediation. It asked the mediator to try to conclude the matter expeditiously.