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Tag: Trai

  • DAS: TRAI seeks details of disputed cases pending in Bombay HC from MSOs & LCOs

    DAS: TRAI seeks details of disputed cases pending in Bombay HC from MSOs & LCOs

    NEW DELHI: All local cable operators (LCOs) and multi system operators (MSOs) who have any pending problems relating to inter connect agreements for Digital Addressable System (DAS) have been asked to inform the Telecom Regulatory Authority of India (TRAI).

     

    In a proforma issued today, TRAI asked LCOs and MSOs in the matters pending before the Bombay High Court to give details of the problems they are facing and for which they want the intervention of the Authority.

     

    The directive by TRAI follows an order of the High Court of 1 September that TRAI should resolve such disputes within four weeks.

     

    TRAI made it clear that all MSOs and LCOs should respond by 14 September.

     

    MSOs and LCOs can address their responses to Deputy Advisor (B&CS) G S Kesarvani preferably via e-mail at das@trai.gov.in.

  • TRAI issues separate tariff for commercial subscribers under DAS & non-DAS areas

    TRAI issues separate tariff for commercial subscribers under DAS & non-DAS areas

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) today issued separate tariff orders for commercial subscribers under digital addressable systems (DAS) and non-DAS areas.

     

    TRAI described a “commercial subscriber” as one “who causes the signals of TV channels to be heard or seen by any person for a specific sum of money to be paid by such person.” 

     

    The definition is contained in two Tariff Amendment Orders (TAO) relating to TV services for commercial subscribers, one applicable for TV services being provided through analogue cable TV systems (Non-CAS areas) and the other one applicable for TV services being provided through Digital Addressable cable TV systems were notified today.

     

    The amendments are to the Telecommunication (Broadcasting and Cable) Services (Second) tariff (Twelfth Amendment) order & the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff (Fourth Amendment) order.

     

    For definition of ordinary subscriber, the notification simply says anyone who is not a commercial subscriber under its definition is an ordinary subscriber. 

     

    Total forbearance has been prescribed both at the wholesale and retail level with respect to tariffs for commercial subscribers and broadcasters have the option to enter into tripartite agreements with the Distribution Platform Operators (DPOs) and the commercial subscribers, if so desired.

     

    The order says that a broadcaster will offer all its pay channels, for commercial subscribers on a-la-carte basis to distributors of TV channels, and may specify separate a-la-carte rate for each pay channel.

     

    This is provided the broadcaster may also offer all its pay channels as part of bouquet consisting of pay channels or both pay and free to air (FTA) channels and specify the rate for each such bouquet of channels offered by it; and a broadcaster may enter into a tripartite agreement with the distributors of TV channels and the commercial subscribers for supply of signals of TV channels to the commercial subscribers.

     

    Broadcasters have been mandated to offer their channels or bouquet of channels for commercial subscribers on non-discriminatory terms and conditions. 

     

    Broadcasters have also been mandated to file their tripartite agreements, if such agreement is done with commercial subscribers, with TRAI within 30 days of entering into such agreement.

     

    TV signals to commercial subscribers have to be provided by DPOs only in accordance with policy guidelines for up-linking and down-linking of television channels.

     

    Following directions by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) on 9 March that there was need for a fresh look at tariff orders, TRAI had issued a new paper on “Tariff issues related to Commercial Subscribers.” Stakeholders had been asked to give their comments by 31 July and counter-comments by 7 August and had then held an Open House on 18 August.

     

    The case in TDSAT had been filed by Indian Broadcasting Foundation (IBF) and others last year. The tariff orders challenged by IBF were issued on 16 July last year following the Supreme Court’s order of 16 April, 2014.

     

    TRAI said in a press release that it “expected that with the coming into force of these changes in the regulatory framework for commercial subscribers, distribution of TV services to commercial subscribers would be streamlined and would be available to them at competitive rates. It is also envisaged that it would balance the interests of all the stakeholders in the value chain and bring in complete transparency in the business transactions.”

     

    In the consultation paper, TRAI had asked commercial subscribers whether there is need to define and differentiate between domestic and commercial subscribers for provision of TV signals and the basis for such classification. TRAI wanted to know how it can be ensured that TV signal feed is not misused for commercial purposes wherein the signal has been provided for non-commercial purpose.

     

    It had also asked if there is a need to have a different tariff framework for commercial subscribers (both at wholesale and retail levels) and what should be the suggested tariff framework for commercial subscribers (both at wholesale and retail levels).

  • Ad cap case to be heard on 23 September, news channels seek clarity on MIB stand

    Ad cap case to be heard on 23 September, news channels seek clarity on MIB stand

    NEW DELHI: The challenge to the advertising cap of 12 minutes per hour by the News Broadcasters Association (NBA) and others in the Delhi High Court will be heard on 23 September.

    The NBA sought adjournment on the ground that it wanted to discuss the issue with the Information and Broadcasting (I&B) Ministry to seek certain clarifications.

    According to information available with Indiantelevision.com, this comes in the wake of a statement made by I&B Minister Arun Jaitley in January this year that there should be no ad cap in the print or electronic media.

    The order that the Telecom Regulatory Authority of India (TRAI) will not take action against any channel pending the petition will continue. In an earlier hearing, the Court had, at the regulator’s instance, directed that all channels keep a record of the advertisements run by them.

    The NBA had challenged the ad cap rule, contending that TRAI does not have jurisdiction to regulate commercial airtime on television channels.

    Apart from the NBA, the petition has also been filed by Sarthak Entertainment, Pioneer Channel Factory, E24 Glamoru, Sun TV Network, TV Vision, B4U Broadband, 9X Media, Kalaignar, Celebrities Management, Eanadu Television and Raj Television.

    The news and regional broadcasters fear that the capping of commercial airtime will curtail their ad revenues. They also argue that the ad cap must be brought only after the benefits of cable TV digitisation start showing. 

    Meanwhile, TRAI recently released results of their records, which show that around 36 news channels apart from 105 General Entertainment Channels (GECs) have violated the ad cap by telecasting ads for more than 12 minutes an hour.

  • Multiple unregistered cable operators: A case of ignorance or mutual offence?

    Multiple unregistered cable operators: A case of ignorance or mutual offence?

    MUMBAI: More than 50 per cent of cable operators in the Pune district are found to be operating without the necessary registration. A special drive conducted by the Pune district entertainment department discovered that 500 out of the 960 cable operators in Pune do not possess postal registration, which is mandatory as per norms set by the Telecom Regulatory Authority of India (TRAI).

     

    “It has come to light that more than half of the existing cable operators are operating without following the TRAI guidelines. The operators were given two months to register themselves with the head post-office. But after regular inspection, it was found that the operators continued to evade registering with the post offices and notices have been issued to these operators. The issue has been pending for the past two years,” an official was quoted as saying by The Indian Express.

     

    Tax evasion can be one of the biggest reason behind this irregularity in registration. “These cable operators extract tax from people and do not deposit the same to the department. With the TRAI rules, we are getting to know about the evasions and the entertainment department has been asked to meet the target and get all the registrations,” added the official.

     

    However, when contacted by Indiantelevision.com, a senior official in the cable fraternity was loathe to accept the quoted number of operators, who were operating without the necessary registration. “What we came to know so far is that the operators of few fringe areas, which merely has a subscriber base of 25 – 50 may not have registered. It’s impossible that the number is so high. Moreover, what we are looking to find out is if those operators were charged entertainment tax. Our sources tell us that these operators have been paying entertainment tax. If that is true, then a pertinent question to ask the authorities is how taxes were charged to illegal operators.”    

     

    For city areas the tax per consumer is Rs 24 while the rural areas pay Rs 15.

     

    According to TRAI guidelines, it is mandatory for cable operators providing services via digital addressable systems (DAS) to register with the head post office before offering services. Cable operators are also required to enter into inter-connection agreements with multi-system operators (MSOs) whose signal they carry.

     

    While the issue has come to light in Pune as of now, it is a matter of major concern as to how many other cities and districts have a similar problem. Given the vast length and breadth of the country, the task at hand is onerous to say the least.

  • DAS: A mirage that moves farther, the closer one gets to it

    DAS: A mirage that moves farther, the closer one gets to it

    New Delhi/Mumbai: When developed countries like the United States and the United Kingdom decided to adopt digital addressable systems (DAS), they knew there would be major road blocks.

    Not only did these countries decide to complete digitisation by 2017-end, but admitted that both analogue and DAS would have to co-exist for some time until all viewers realised the advantages of digitisation.

    In its effort to beat these bigger countries, India decided it would set out a deadline wherein analogue and DAS would not co-exist.

    The result was a mirage that was shown to most Indians and – as it happens with a mirage – the realisation became more distant as the deadlines approached.

    It was exactly a decade earlier (14 September, 2005) that the Telecom Regulatory Authority of India (TRAI) presented its first report on Digitisation of Cable Television. Five years later, in August 2010 it gave recommendations relating to DAS.

    However, it was only in April 2011 that the Ministry of Information and Broadcasting (MIB) finalised the schedule for digitisation. According to that decision, which was notified in November that year, the entire country was to have adapted to digital addressable cable systems by December 2014. The first phase covering the metros was to be completed by 31 March, 2012, Phase II covering cities with a population more than one million by 31 March, 2013, Phase III covering all urban areas (Municipal Corporations/Municipalities) by 30 September, 2014 and Phase IV covering the rest of India by 31 December, 2014.

    Since then, the deadlines have been pushed at least twice. The first was when Phase I was delayed by six months, whereas the second was when the current Government decided that the Phase III deadline would be extended to December 2015 and Phase IV to December 2016.

    And clearly at a time like this, it would be apt to quote these popular lines from Robert Frost’s poem made famous by the country’s first Prime Minister Jawaharlal Nehru – ‘The woods are lovely, dark, and deep, But I have promises to keep, And miles to go before I sleep.’

    Indeed there are miles to go even as Phase I in the metros claimed to be major success. But it is well known that DAS continued to be barred by a stay order of the Madras High Court, and there are large pockets in the other three metros (Mumbai, Delhi & Kolkata) where analogue TV continues to thrive. 

    Phase II also suffered in that many of the cities are still not digitised and this is evidenced by the large number of cases pending before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT).

    Keeping in mind ground level realities, the government initially contemplated merging the final two phases, but realised that this might lead to major embarrassment. Therefore, it was decided by the Narendra Modi led government to implement Phase III by the end of 2015 and the rest of the country in Phase IV by the end of 2016. The third phase includes 38.79 million television households spread across 630 districts and 7,709 urban areas.

    In a recent conversation with Indiantelevision.com, MIB additional secretary J S Mathur, who heads the Task Force for the final two phases, ruled out any possibility of extension of deadline. He said, “There is no reason for any extension of dates for completion of phase III. Work is proceeding as per schedule.”  

    However as the saying goes, there are many a slips between the cup and the lip. So even as the first deadline is barely four months away, there are many hurdles in the way that need to be crossed.

    Apart from several legal issues, the last Task Force itself laid bare many of these hurdles.

    SHORTAGE OF MSOs

    Although the Home Ministry has in principle decided to do away with security clearance for multi system operators (MSOs), the fact is that India still has not even touched the figure of 375 in the number of MSOs. As per the last report dated 20 August,2015, while 226 MSOs have 10-year licences, 146 have only provisional licences. It does not need a bright mind to figure out that the number stands out as a joke when one considers the number of television households in the country.

    SET TOP BOXES

    The country still does not have adequate STBs and it is claimed by many local cable operators (LCOs) that the STBs being supplied are those that are meant for direct-to-home (DTH) transmission and not cable and therefore create problems. The other option is to take cheap China-made STBs.

    Despite the Make in India campaign, very few manufacturers have come forward with proposals for reliable STBs. 

    The Consumer Electronics and Appliances Manufacturers Association (CEAMA) complained at the Task Force meeting that no major orders were being placed with it by MSOs. However, a representative of the CEAMA said, “There is little time to place orders if they want the STBs, which are required to be delivered before the cut-off date.”

    The FICCI annual survey of manufacturing shows that there has actually been a decline in the manufacture of electronic goods, despite the Make in India impetus. The manufacture of electronics – presuming these include broadcast equipment and STBs – and electrical came down from 75 per cent in the last quarter of 2013-14 to 70 per cent in the same period of 2014-15.

    LACK OF AWARENESS

    Clearly, this is a grey area, since many people in the country are not aware of the advantages of DAS. The last Task Force meeting stressed on the need to push up awareness through advertisements, workshops, and interactive sessions. There was even mention of a Chetna Yatra.  

    There is lack of communication even between the regulator TRAI and the stakeholders. A Task Force member from Assam said, “The regulatory bodies need to speed up their action. TRAI is supposed to launch its regional operations. There is no clear idea when that will happen. The system here in Assam is not aware of various rules and regulations and the operators do not have the affording power to take the legal battle to Delhi so they often succumb to injustice.”   

    INTER-CONNECT AGREEMENTS

    TRAI had recently asked all broadcasters and MSOs to make the Authority aware of any problems they were facing. However! there were very few complaints, because in most cases the matters are pending before TDSAT or courts of law.

    The interconnect agreement between the stakeholders of the ecosystem is pending even in DAS phase I and phase II areas. “People are not ready to spend in head-ends as there is no clear revenue model. There are distributors who have their favorite MSOs and there is a discrimination of revenue flow on the basis of that favouritism,” said an LCO. He further added “We want a transparent revenue model, which will only come after signing of the interconnect agreement.”

    DAS TARIFF

    In an order on 28 April subsequently upheld by the Supreme Court, TDSAT told TRAI that it “will be well advised to have a fresh look at the various tariff orders in a holistic manner and come out with a comprehensive tariff order in supersession of all the earlier tariff orders.”

    It had also said, “While doing so, it may consider all the agreements and relevant data available with it. It may consider differentiating between content, which is of a monopolistic nature as against that which is shown by other channels also. It may also consider classifying the content into premium and basic tiers.”  The Tribunal had struck down TRAI’s tariff orders.

    COMMERCIAL TARIFF

    TRAI has already begun a fresh exercise in the light of court orders in trying to determine the difference between commercial and private tariff. Following directions by TDSAT earlier this year that there was need for a fresh look at tariff orders, TRAI had issued a new paper on “Tariff issues related to Commercial Subscribers”. In the paper, TRAI asked commercial subscribers whether there is need to define and differentiate between domestic subscribers and commercial subscribers for provision of TV signals and the basis for such classification.

    PROBLEMS BETWEEN MSO AND DISTRIBUTORS

    There is no clear communication between the two very important stakeholders of the DAS ecosystem – the MSOs and distributors. Recently all Multi Screen Media MD channels were taken off Hathway due to internal issues between the two stakeholders. Additionally, Indusind Media and Communication Limited (IMCL) and India Cast are now going through disruption. IMCL informed its subscribers through a message: “Indiacast group is demanding steep increase in monthly subscription, which is commercially unviable, they are pressurizing us by running OSD on colors. IMCL is planning to take the legal recourse. Regret inconvenience caused to you and appreciate your support. Thanks IMCL team”

    MSO – LMO TUSSLES

    The lack of understanding is more prominent when it comes to the MSO and the last mile operators (LMO). The LMOs claim that they are never given their due. The differences are often taken to the regulatory bodies. In one such case, the Bombay High Court issued directions to TRAI to settle the Interconnect Agreement (ICA) issue between LMOs and MSOs within two weeks even as the MSOs believe that there is not enough transparency when it comes to the revenue models.     

    Progress, it is said, cannot be stopped. Similarly, DAS is bound to come in the country. What remains to be seen is whether in its race to catch up with the developed world, it will succeed in a smooth transition or lead to a mess that probably will linger on in courts of law, corridors of bureaucracy, or the one-upmanship of political parties. 

    digitisation

     

  • Despite Digital India talk, broadband subscribers less than 109 million by June

    Despite Digital India talk, broadband subscribers less than 109 million by June

    NEW DELHI: Following a growth of 4.21 per cent in mobile users, the number of broadband subscribers increased from 104.96 million at the end of May to 108.85 million at the end of June with monthly growth rate of a mere 3.71 per cent, despite the emphasis on Digital India. 

     

    The Mobile devices users (phones and dongles) went up from 88.96 million to 92.7 million.  Fixed Wireless subscribers (Wi-Fi, Wi-Max, Point-to-Point Radio & VSAT) users went up from 440,000 to 450,000, showing an increase of 1.96 per cent, while wired subscribers rose from 15.56 million to 56.7 million, showing a rise of just 0.9 per cent.

     

    The top five service providers constituted 83.83 per cent market share of total broadband subscribers at the end of June. These service providers were Bharti Airtel (24.56 million), Vodafone (22.08 million), BSNL (18.20 million), Idea Cellular (16.67 million) and Reliance Communications Group (9.74 million). 

     

    According to the figures released by the Telecom Regulatory Authority of India (TRAI), some wireless service providers exclude incidental data users from their subscriber base, based on minimum usage decided by them.

     

    As on 30 June, the top five Wired Broadband Service providers were BSNL (9.91 million), Bharti Airtel (1.47 million), MTNL (1.13 million), Atria Convergence Technologies (720,000) and You Broadband (460,000). 

     

    The top five Wireless Broadband Service providers were Bharti Airtel (23.09 million), Vodafone (22.07 million), Idea Cellular (16.67 million), Reliance Communications Group (9.63 million) and BSNL (8.29 million) as on 30 June.

  • LMOs victor as Bombay HC directs TRAI to settle interconnect issue

    LMOs victor as Bombay HC directs TRAI to settle interconnect issue

    MUMBAI: The Bombay High Court today (1 September, 2015) issued direction to the Telecom Regulatory Authority of India (TRAI) to settle the Interconnect Agreement (ICA) issue between last mile owners (LMOs) and multi system operators (MSOs) within two weeks. A report has to be submitted to the TRAI on the proceedings in 30 days.

    “All LMOs are advised not to sign the one sided Interconnect Agreement of all MSOs. If the LMO has already signed without understanding the same and if the MSO has not given a copy of the Interconnect Agreement with their company seal and signature within 15 days of signing the same then the Interconnect Agreement is null and void,” said Maharashtra Cable Operators Federation (MCOF) in a statement.

    Speaking to Indiantelevision.com MCOF president Arvind Prabhu said, “This is a victory for the last mile operators who were constantly denied their dues. It’s the LMOs who do all the hard work in maintaining a cordial relationship with the consumers and growing the customer base, but MSOs are not ready to acknowledge this. We want a justified proposition through which the last mile operators will get their due.”

    “We want an agreement, which will be a balanced proposition between all the stakeholders. We want to have a transparent ecosystem where there is clarity on every aspect including revenue system. Ignoring LMOs or not giving them their due certainly cannot be the way forward,” added Prabhu.      

    “A just and fair ICA will now be drafted under the supervision of the Hon. Bombay High Court by TRAI and parties involved. All MSOs are to be made parties in this matter by MCOF so that there is a common just and fair Interconnect Agreement for all LMOs across India,” MCOF said in the statement.

  • STB shortage, lack of awareness continue to plague DAS implementation, DD & AIR to help in publicity

    STB shortage, lack of awareness continue to plague DAS implementation, DD & AIR to help in publicity

    NEW DELHI: With the third phase of digital addressable system (DAS) expected to be implemented by 1 January 2016, the single biggest challenge facing the government and stakeholders is the dire shortage of set top boxes (STBs).

     

    A senior Information and Broadcasting Ministry source told Indiantelevision.com that the main hurdle was that very few manufacturers were coming forward with proposals despite the government support to the Make in India programme.

     

    This issue and the problem of adequate publicity about the benefits of DAS perplexed those who attended the tenth Task Force meeting on DAS held on 17 August under the chairmanship of Additional Secretary J S Mathur.

     

    Meanwhile, Joint Secretary (Broadcasting) R Jaya said Regional Units were being established at twelve places and these would start operating from September to monitor and report the progress of digitisation in each State/UT. 

     

    While Consumer Electronics and Appliances Manufacturers Association (CEAMA) complained that no major orders were being placed with it by multi system operators (MSOs). A representative of the CEAMA said, “This is the time to place orders if they want the STBs, which are required to be delivered before the cut-off date.”

     

    A Telecom Regulatory Authority of India (TRAI) representative said under the regulations, MSOs and LCOs have to offer STBs to consumers on rent, installment, outright purchase or any other scheme according to the standard tariff package prescribed by it. Any complaint on this issue should be addressed to TRAI. 

     

    A representative of the Uttarakhand Government said adequate number of STBs are not provided by MSOs in the State, resulting in slow progress of digitisation. 

     

    A representative of Maharashtra Cable Operators’ Federation (MCOF) said there are 5000 head-end owners, which are MSOs or LMOs. But many of them had not applied for registration. He apprehended that it may result in some dark areas once the deadline is over. 

     

    Jaya said MSO registrations were still on and any one can apply. She said 349 MSO registrations had been granted till mid-August including 126 provisional ones. Referring to apprehension of dark areas, she said these will be identified through State nodal officers and broadcasters. 

    Meanwhile, there was a lengthy discussion about publicity about DAS. ASSOCHAM with some broadcasters had planned a Chetna Yatra from next month covering 450 cities/towns/villages in the country. 

    Representatives of direct-to-home (DTH) platforms said they were ready to give free publicity regarding cable TV digitisation if asked. 

     

    A representative of the News Broadcasters Association (NBA) said there are financial constraints facing broadcasters. However, they will carry advertisement spots and would be preparing these.

     

    The TRAI representative said it had placed an advertisement on mandatory digitisation on its website. It had also planned to come out with a quarter-page print advertisement in newspapers very soon. 

     

    TRAI is holding five consumer outreach programmes per quarter in each region. From its perspective, awareness about digitisation is happening. The TRAI representative said the advertisement could be shared with MSOs for publicity by them. 

     

    All India Radio (AIR) and Doordarshan (DD) have been carrying advertisements on mandatory digitisation for several months. It was suggested that Doordarshan may also give video advertisements on cable digitisation in local languages on their popular regional channels in prime time. The Doordarshan representative agreed to get this done. 

     

    A representative of the Gujarat MSO GTPL said they have been carrying out a publicity campaign through scrolls on their local channels and public gatherings. 

     

    A representative of Indusind-Media said a team of about 300 persons had been deployed on this job to carry the campaign.

     

    On the other hand, a representative of an LCO association from West Bengal said they were unaware of the consumer outreach programme arranged by TRAI. It was suggested that members should regularly check the websites of MIB and TRAI for all such information regarding cable digitisation. 

     

    According to Jaya, four regional workshops were held by the Ministry with the State nodal officers of some of the States/UTs to sensitise them about their role and responsibilities in implementing cable TV digitisation in their States. Registered MSOs permitted to operate in these States were also invited in these workshops. 

     

    She said it was heartening to know from these workshops that State Governments are also gearing up to meet the challenge of cable digitisation in their States. The MSOs participating in these workshops said they were carrying publicity awareness campaign on digitisation on their local channels and through pamphlets being distributed by them. 

     

    She added that seven more regional workshops have been planned by the Ministry in 45 days at different places. Another workshop has since been held with the nodal officers from the states in the North East and the registered MSOs operating there on 21 August at Shillong.

     

    A representative of an LCO association from Assam said broadcasters were not providing content to them and they were being forced to come to Delhi for filing cases in TDSAT. The TRAI representative said this was a matter of dispute and TDSAT was the only appropriate forum. But for issues related to regulations, the TRAI regional office in Kolkata could be approached. 

     

    On signing of interconnect agreements, the IMCL representative said it was working on delivery through headend in the sky (HITS) platform besides cable. It was now in the final stage of negotiations with broadcasters. The TRAI representative said all MSOs who had not received any response to their requests for interconnect agreements from broadcasters had been asked to inform TRAI by 24 August and a meeting had been slated with broadcasters on 28 August. 

     

    A representative of the Indian Broadcasting Foundation (IBF) said deals are happening and parallel negotiations are taking place.

  • Road fraught with political & bureaucratic potholes for new MIB secy

    Road fraught with political & bureaucratic potholes for new MIB secy

    For a person taking charge as the head of bureaucracy in any Ministry, perhaps the biggest challenge is to put aside his or her own personal views and get down to translating the decisions of the Government and the Minister into action.

     

    However, this becomes even more onerous when there are tasks that have to be accomplished within just a few months.

     

    For senior Indian Administrative Services (IAS) officer Sunil Arora, who is slated to take over as secretary in the Ministry of Information and Broadcasting (MIB) from 1 September, the first major task looming over him is Phase III of the Digital Addressable System (DAS) for Cable TV, which has to be accomplished within four months. 

     

    Arora is an IAS officer from the Rajasthan cadre of the 1980 batch. His immediate predecessor – Bimal Julka belongs to the 1979 batch from Madhya Pradesh. Julka took over his post in the MIB in July 2013 when Uday Kumar Varma retired.

     

    DAS PHASE III

     

    Even though the present government changed the deadlines for the last two phases of DAS, the stakeholders do not appear to be ready for it. There is still a dire shortage of compatible set top boxes (STBS), and there has been little headway despite the incentives offered under the Make in India scheme. Even at present, a large number of local cable operators (LCOs) are having to work with poor quality STBs made in China or other countries. 

     

    Added to that is the fact that a large number of broadcasters, multi system operators (MSOs), and LCOs still have to work out their agreements – an issue further complicated by the directives of the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT), which wants a re-look at the tariffs.

     

    It is also a fact that analogue transmission continues in many parts of cities and towns that have gone digital and the Government has failed to get the stay of DAS in Chennai vacated. 

     

    TRAI

     

    Although these are issues that the Telecom Regulatory Authority of India (TRAI) is dealing with, all decisions relating to the broadcasting sector can only be effective if there is proper coordination between the regulator and the Ministry. This effectively means there has to be a quick response to any issues that either parties raise to the other, if deadlines have to be met.

     

    Other issues pending before TRAI relating to broadcasting include the need to reconsider the foreign direct investment (FDI) norms for media, shortage of spectrum, a growing demand by states seeking permissions to start their own television channels despite the TRAI having opined against it twice since 2008. 

     

    Although broadcasting duties were handed over to TRAI just over a decade back, it is also clear that the Ministry will have to consider whether there is need to form a broadcasting-specific body as TRAI is primarily a body set up for the telecom sector. If the Government decides to continue with TRAI handling both portfolios, the Regulator will be under pressure from the MIB to strengthen its broadcasting team and also ensure greater coordination among officers in both broadcasting and telecom.    

     

    With convergence of technologies becoming a reality, and with issues of spectrum already bringing telecom and broadcasting together, the National Democratic Alliance (NDA) Government has again begun to talk about convergence and this is bound to gather pace over the next two years.

     

    SPECTRUM

     

    Though the Defence Ministry has in principle agreed to hand over some spectrum and swap some other spectrum, the whole process is caught up in bureaucratic wrangles. If the Ministry wants to continue with its policy of ensuring there are no caps on the number of television and FM radio channels or direct-to-home (DTH) and Headend in the Sky (HITS) platforms in the country, the issue of spectrum will need early solution. 

     

    FM RADIO AUCTION

     

    The Government is in the midst of the FM Radio e-auction, and is committed to continue the process till all slots in the first stage of Phase III – of 69 cities, which already have FM channels – are completed. With at least 13 cities failing to get even a single bid, the new secretary may have to find ways of either lowering the reserve price for those cities or move those cities to the next stage. 

     

    The fact that the cumulative winnings from the channels auctioned so far has exceeded the reserve price by more 100 per cent is undoubtedly a matter of great satisfaction, but some cities failing to attract bidders remains to be an irritant.

     

    AD CAP

     

    The matter of enforcing the advertising cap of 12 minutes an hour is already before the Courts, but the Ministry may have to do a rethink in the light of the I&B Minister Arun Jaitley having said that he was opposed to ad caps on the print or electronic media, and because the free-to-air channels (most of which are news channels) have already expressed their opposition to this. TRAI had failed to get permission to take action against television channels violating its diktat of the total of 12 minutes of commercial and promotional advertisements every hour, though all broadcasters were asked to keep records of this by the Delhi High Court. 

     

    SPREAD OF FM RADIO vs DRM

     

    Even as All India Radio (AIR) has spent crores of rupees on the digitised Digital Radio Mondiale (DRM), Prasar Bharati feels that Frequency Modulation (FM), which is an analogue technology should be promoted until the nation is ready for digital radio sets. The Ministry can resolve this issue only if it can ensure adequate manufacturing at affordable process of DRM sets under the Make in India programme. Until then, this continues to be a thorn in the already dicey relations between the public service broadcaster and the Ministry.

     

    COMMUNITY RADIO

     

    More than a decade has elapsed since the introduction of community radio, but the number of operational stations still remain very low. To boost this sector, the Government introduced a new scheme last year for funding community radio, but bureaucratic wrangles continue to hold up the smooth implementation of this scheme. 

     

    PRASAR BHARATI & THE MINISTRY

     

    On paper, as per the Prasar Bharati (Broadcasting Corporation of India) Act 1990, it is clear that the pubcaster is autonomous. However, in reality this appears quite contrary.

     

    On the one hand, as a measure to help the pubcaster, a Group of Ministers had decided that persons employed as on 5 October, 2007 will get the salary and pension from Government funds. However, for employees who joined after that date, Prasar Bharati was left to fend for itself.  

     

    Since Prasar Bharati is listed as an autonomous company under the Ministry, this means – and it appears so even from the manner in which questions relating to the pubcaster are answered in Parliament – that there is dispute on what real autonomy is.

     

    Prasar Bharati CEO Jawhar Sircar – a former bureaucrat himself – feels the government does not given him full freedom and there is interference at every level and has said so either in speeches in articles by him or others in the pubcaster.

     

    While there is generally full autonomy as far as content goes, there are allegedly checks and balances placed by the government in administrative matters. 

     

    Journalists on the Parliamentary beat are often flabbergasted by the fact that when it suits the Government, a reply will say that the pubcaster is an autonomous body, and yet there are times when the Government has intervened even in appointments in Prasar Bharati.

     

    FOREIGN DIRECT INVESTMENT

     

    The TRAI had given its recommendations for an increased FDI in many sectors of the media in a report in July 2013. Although there was some change by the Government earlier this year, it has still not implemented the FDI report of TRAI in full.  

     

    SECURITY CLEARANCE

     

    While the Home Ministry has decided it is doing away with security clearance for MSOs, it has not taken a decision as far television channels are concerned. While the issue relating to foreign ownership can be understood, the denial of security clearance to Sun TV continues to flummox everyone in the media.

     

    It is generally felt that an accused is not guilty till proven, but the Home Ministry and the MIB appear to have decided that the Maran brothers should be denied security clearance despite the fact that the cases against them have no relation to the security of the country, and are in fact an incursion on the freedom of the media. Even the Supreme Court while permitting Sun Group companies to take part in the FM auction said so.

      

    PAID NEWS

     

    It is now almost five years since the issue of paid news became the talk of the town. The Press Council of India set up a committee, which even gave recommendations, and a Parliamentary Panel along the Election Commission also wanted some steps to be taken to stop this. However, there has been no tangible action so far in this matter.

     

    FILM INDUSTRY

     

    The film industry has been raising similar issues year after year. As far as taxation issues were concerned, it was hoped that the Goods and Services Tax (GST), when implemented will help. But the way the matter is stuck in Parliament forces the industry to just wait and watch.

     

    Entertainment tax is another issue on which there has been no unanimity and states have different taxes. About a decade earlier a proposal for bringing cinema into the Concurrent List of the Constitution might have solved the problem, but most states opposed the idea. 

     

    In a country producing around 1000 feature films every year, apart from the large number of films from overseas, India still suffers from an acute shortage of theatres, with the number less than 11,000. With the high rates of ticketing charged by the multiplexes, the average cinegoer is denied the pleasure of seeing a film in a cinema hall. 

     

    All attempts to curb video piracy appear to have failed because the film industry and the government have failed to work together to curb the menace. This in turn means huge losses for the makers of bold films unless there are big stars to lure the audiences.

     

    The Film Museum has been in the planning and making for more than a decade, but it does not appear that the Museum planned for 2013 to coincide with a centenary of cinema will see the light of day for at least a couple more years.

     

    The Film and Television Institute of India (FTII) has been caught in a logjam that just refuses to untangle. The appointment of a Chairperson, who was said to be close to the ruling party, is what triggered the issue, but the continued struggle has led to the police making an entry into the campus in Pune. 

     

    Clearly, the new MIB secretary has his job cut out for him and will have to tread carefully on the long road ahead – but it is not without political or bureaucratic potholes that can hold up even his best intentions.