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Tag: Trai

  • Day 3 of TDSAT ad cap hearings

    Day 3 of TDSAT ad cap hearings

    MUMBAI: The queue of channels waiting their turn to present their individual cases on the so-called crippling TRAI 12 minute ad cap to the Telecom Disputes Settlement Appellate Tribunal (TDSAT) has not really got any shorter even as the hearings got into the third day. The reason: the News Broadcasters Association’s (NBA) lawyers continued with their arguments in the presence of TDSAT’s Justice Aftab Alam and member Kuldeep Singh.  

    And with their presentation referencing statutory laws as relating to the Cable Television Networks (Regulation) Act and the TRAI Act 1997 completed they have now progressed to bringing in references about media freedom as written in the Article 19A of the Indian Constitution. 

    The NBA counsel referred to the ‘Sakal Papers And Others vs The Union Of India on 25 September, 1961’ case. The Supreme Court had then affirmed that a newspaper should have the liberty to carry as many advertisements as it would want to because ‘curtailment of advertising is a curtailment of free speech as guaranteed by the Constitution of India.  

    The declaration of this case reads: ‘the state could not make a law which directly restricted one guaranteed freedom for securing the better enjoyment of another freedom. Freedom of speech could not be restricted for the purpose of regulating the commercial aspect of the activities of newspapers.’ 

    According to the NBA, since such a  ruling exists for print newspapers, it should also apply to the broadcast medium. However, Alam tended to disagree and opined that that the electronic medium is different from print.

    The NBA also contended that broadcasters don’t actually get a ‘license’ from the central government under The Telegraph Act 1885 but rather a ‘registration’ under the uplinking/downlinking policy guidelines. However, the justice  doubted that the broadcasters don’t get a licence, and he also felt that broadcasters don’t come under the cable TV act as the NBA is claiming. 

    During the 12 November hearing, the NBA had argued that TRAI had not done the laying requirements as per section 37 of the TRAI Act which it should have in order to carry out enforcement of ad cap and prosecution of erring channels.

    The hearings are slated to continue tomorrow morning with the NBA and its lawyers presenting their arguments.  For the other channels, the wait continues. To read about previous reports on the case scroll down.

  • TDSAT: Ad cap saga continues on Day 2

    TDSAT: Ad cap saga continues on Day 2

    MUMBAI: The hearings on TRAI’s proposed 12 minute ad cap regulation by the Telecom Disputes Settlement Appellate Tribunal (TDSAT) that began yesterday look unlikely to get over in a hurry. For the past two days it is the News Broadcasters Association (NBA) which has been presenting its case to the tribunal. Today, the NBA counsel raised the point that the TRAI had not fulfilled the laying requirements to the parliament as per section 37 of the TRAI Act which says that “the Regulations made by the TRAI have to be placed before the Parliament to seek its approval. Thus, there can be no dispute that the regulations framed by the TRAI have the force of law having been made through the process of subordinate legislation provided they are consistent with the Act and Rules.”

    Any law infringing the fundamental rights of the people needs to be laid before the parliament after which it can be either annulled or amended or approved by the parliament, says a counsel. A senior broadcaster who has been following the case closely says, “If anything is a law then it has to be passed by the legislature.”

    Therefore, the NBA said that TRAI is crossing its line by enforcing the ad cap and prosecuting channels that aren’t following it. TDSAT Justice Aftab Alam wanted to know from TRAI if they had laid it before parliament as it’s an issue that should have been dealt in the preliminary stages itself to which TRAI did not have a substantial reply.

    In yesterday’s hearing, one of the points put forth by the NBA counsel was section 2(G) of The Cable Act of 1995 according to which advertisements are a part of content. At this, TDSAT wondered how a broadcaster can come under this act. Counsel for NBA today validated the position under this act by stating that permission for uplinking falls under the Cable Act bringing broadcasters under this Act. It also says that channels adhere to the programme code.

    Since the Cable Act comes under the jurisdiction of the Information and Broadcasting (I & B) ministry, broadcasters fall under the purview of the I & B ministry and not TRAI.

    NBA also contended yesterday that TRAI does not have the authority to regulate content and its powers are restricted only to licensing and quality of service while content regulation falls under the ambit of the I & B ministry. Neither the TRAI Act nor the Indian Telegraph Act, under which TRAI works, gives the regulator the powers to deal with content.

    The case will continue tomorrow post noon when NBA will put forth more points in front of the TDSAT.

    Read here for yesterday’s hearing:
    TDSAT hearing on ad cap to continue tomorrow

  • The puzzling case of TRAI’s ad cap

    The puzzling case of TRAI’s ad cap

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) found some unlikely supporters on the ad cap issue last week. On the one hand, Zee Entertainment, Star India and Viacom18 approached the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) saying that they were in favour of a limit to how much advertising should be allowed per hour and that they would like to become respondents to the cases filed by other broadcasters. Among these figure the News Broadcasters Association (NBA), regional and music channels all of whom have been opposing the regulation and have sought relief from the tribunal. The other supporter of the ad cap is an NGO called MediaWatch which said the ad cap should be extended to cable TV also and that TRAI should also ensure that broadcasters don’t cross the line on audio levels of commercials and also specialised ad formats on the TV screen.

    Though the intervention filed by Zee, Star India and Viacom18 was rejected in the hearing that took place on 31 October, the tribunal has asked the networks to file a separate application, which would be heard only after the main case filed by NBA, music and regional channels, the next court hearing for which is 11 November.

    “Well! We had filed for an intervention which was postponed,” is what Star India president and general counsel – legal and regulatory affairs Deepak Jacob said when Indiantelevision.com contacted him to enquire more about the case. However, he refused to divulge any more on the matter.

    The three mainline Hindi GECs have been following the 10+2 ad cap regulation since 1 October, which was the deadline set by TRAI.

    Industry watchers are asking what is it that made the three networks come out so blatantly in support of the ad cap when fourth network Sony Entertainment has not been following the TRAI diktat at all?

    “They are in a position of strength as they have a tremendous share of viewer eyeballs,” says a media observer. “Hence, they can afford to take a hard stance in favour of the ad cap. Their belief is that advertisers have no alternative but to advertise on their channels. Their following the ad cap allowed them to jack up air time rates which more than made up for the drop in inventory. They would ideally like the status quo of lower advertising time to continue as it has benefited them and will continue to benefit them because paucity will result in better yields and rates.”

    Another media observer believes that the approaches that the leading GECs have taken will add to the chaos and confusion. “The TV broadcast industry seems to have learnt very well how to stall any disruptive regulatory changes,” says a media planner laughingly. “You have several opposing and pro-voices speaking up at the same time which tends to lead to policy paralysis.”

    She elaborates: “On the one side, the advertisers, agencies, news broadcasters, music channels and niche channels are against the TRAI ad cap. One of the major networks are also opposing it; while the other three are showing that they want it. It will be tough for anyone to decide which direction should things move. If the ad cap is on – in an election year – the news channels will take umbrage and the government cannot afford to have a negative fallout in an election year. If the ad cap is stalled for a while, that is good for everyone: the leading GECs have already got rate hikes of some sort; Sony can join in and hike rates and finally the news channels will not be faced with shriveling air time revenues. So they will be happy.”

    “We are also taking a leadership position by complying with the TRAI regulations,” says an executive with one of the three networks. “We believe the time for change on TV advertising is now and hence are supporting it.”

    What move will the telecom industry’s conscience – the TDSAT – and the regulator – TRAI- make next? Our guess is as good as any, but the ad cap game play is surely beginning to resemble a very complicated game of chess.

  • TRAI issued notice on appeal by consumer body seeking proper regulation of ads on channels

    TRAI issued notice on appeal by consumer body seeking proper regulation of ads on channels

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has issued a notice to the Telecom Regulatory Authority of India (TRAI) on a petition by a consumers body demanding the proper regulation of advertisements on cable and satellite television channels.

    TDSAT said yesterday that it will hear the appeal after other related matters such as the appeal by the News Broadcasters Association have been heard.

    Consumer group MediawatchIndia had approached TDSAT with an appeal that had sought to ‘remind TRAI of its statutory responsibility to check the illegal and unfair practices of television broadcasters who had been indulging in ‘part-screen’ and ‘high-decibel’ ads.’

     

    The consumer group has complained that commercials played during programmes have a higher decibel level than the programme they are interrupting. Commercials as well as promotions of other shows keep appearing on the screen in the middle of the programmes thus distracting the viewer.

    Mediawatch in its appeal sought to “challenge the abrupt, unilateral and mala fide act of TRAI in omitting sub-regulations 3(5) & 3(6) Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations 2012 that deals with “distracting formats of advertisements (part-screen and drop down ads, scrolls etc. interfering the main programme)” and “loud commercials (high audio levels of advertisements vis-?-vis that of programme).”

  • The year of the big risk

    The year of the big risk

    MUMBAI: As the headline states, Year 2013 will go down in history as the year of the big risk in Indian television and media. Whether it was with big jump into cable TV digitisation or in the area of experimenting with new programming formats or working on changing the status quo in TV ratings or in battling the Telecom Regulatory Authority of India’s (TRAI’s) ad cap, the year saw everyone playing a long hand. India’s economic growth slowed down; inflation went on the rampage as did the dollar when it appreciated drastically against the rupee, but the industry took things in its stride.

    The biggest of the gambles was the leap of faith the industry took (as though it had a choice) on the government mandate of digitising India’s fragmented nearly 100 million subscriber strong cable TV market. With no clarity on how it would roll out, everyone in the ecosystem plunged ahead – almost recklessly – into phase I and phase II, distributing nearly 18 million set top boxes (STBs). This at a time – when even a year later after digitisation commenced – there is no understanding between the multi-system operators (MSOs) and the local cable operators (LCOs) or the broadcasters on who would do the billing and take a call on how the revenues would be split post the completion of the set top box (STB) seeding and who would own the subscriber.

    The other pieces of good news during mid-2013 were the $110 million investment the Sameer Manchanda-led MSO DEN Networks attracted from Goldman Sachs and the $18.5 million that Hathway got from Prudence.

    The industry, however, took to digitisation in fits and starts. Some cities such as Chennai, thanks to a state government with a vested interest in cable TV, chose to not obey the centre’s digitisation order. Others went to court and delayed things a bit. The TRAI and the ministry of information and broadcasting (MIB) however kept at it doggedly. Though both played a soft hand, they pushed the industry hard. Deadlines were extended, consultation and supplementary consultation papers were issued and recommendations made to accommodate the industry. But they kept at it and the fact is that STBs moved into Indian cable TV homes on a scale unprecedented globally.

    Some roadblocks remained in the 42 towns where digitisation has made some progress: complete collection of Consumer Application Forms (CAFs), incorporation of subscriber information into the subscriber management system and consumer billing. LCOs have been loathe to part with all their subscriber data, as there is no surety that the MSOs will not cut them off once they have all the info.

    But just as the year was ending, light was showing through, with Hathway and the Maharashtra Cable Operators Federation (MCOF) working on hammering an agreement that could put in place a business model for LCOs and MSOs that could be replicated nationally. The other pieces of good news during mid-2013 were the $110 million investment the Sameer Manchanda-led MSO DEN Networks attracted from Goldman Sachs and the $18.5 million that Hathway got from Prudence. The efforts of InCable to set up HITS under the leadership of Tony D’Silva and the Rs 300 crore investment by Grant Investrade Limited (GIL) in InCableNet and InDigital was also notable. The cherry on the cake was the setting up of cooperatives across the country.

    DTH players, were not so lucky. Their efforts to consolidate or expand or raise capital did not meet with much success.

    DTH players, however, were not so lucky. Their efforts to consolidate or expand or raise capital did not meet with much success. Reliance Digital TV and the Sun group talked for a large part of the year to merge their respective DTH services, but the dialogue stopped when expectations on valuations by each of them did not match. Airtel also had many conversations to raise capital from investors, but was unsuccessful. Tata Sky, however, managed to get an injection of funds from the Tata group, even as it failed to convince ISRO to give it its transponders which it so desperately needs to expand its consumer offering. But it has not deterred it as it went ahead and started a massive box replacement programme, upgrading millions of consumer STB’s to MPEG-4 so that it could pack more channels into homes.

    The second gamble that the broadcast industry took was when it took on the advertiser and advertising agency fraternity in the gross vs net billing issue and on who is liable for the tax on the commission that agencies get from marketers. Advertisers and agencies had threatened to cut off the advertising lifeline for broadcasters if they even tried to change the century old tradition of gross billing. Indian broadcasters called their bluff, and even blacked out TV commercials for a day. Belligerent agencies, advertisers and broadcasters glared at each other for a while. Finally, a solution was worked out; net billing was introduced – in a format which was to the satisfaction of all concerned, including the tax collector who accepted that broadcasters need not make any payments for past commissions made to agencies by advertisers.

    At one stage, seven TV networks walked away from TAM, leaving its future uncertain. TAM, broadcasters, marketers and agencies once again sat across the table and the ratings agency agreed to change the way it would deliver the viewership numbers. TV ratings were jettisoned and viewership per thousand was ushered in.

    The third punt the industry took was in the area of reaching a consensus on changing the Indian TV ratings currency run by TAM Media Research for more than a decade. The year commenced with news broadcaster NDTV continuing with its case in a New York Supreme Court, charging TAM Media and AC Nielsen of corruption and manipulation of TV ratings. The court turned down NDTV’s plea. Though later, it went in appeal, which was also dismissed by an American judge, who asked the Indian newscaster to fight its case in Indian courts.

    TAM  Media spent the year fighting fires on several fronts. The pubcaster DD was pretty irked with it as the network’s shows did not generate much rating despite its wider reach and penetration in both urban and rural India. TAM at the beginning of the year added less than class 1 (LC1) towns to its reporting to find a solution around that. Simultaneously, it started reporting on the digitised phase I and phase II towns. The change in the universe saw the ratings of some private broadcasters plummet, while those of others went up. Sony Entertainment Television attributed the drop in ratings for its much touted IPL to the addition of LC1 towns.

    This got the private broadcasters’ goose. One by one like dominoes around mid-this year, they announced that they were cancelling their subscriptions to TAM as they had lost faith in the currency. At one stage, seven TV networks walked away from TAM, leaving its future uncertain. TAM, broadcasters, marketers and agencies once again sat across the table and the ratings agency agreed to change the way it would deliver the viewership numbers. TV ratings were jettisoned and viewership per thousand was ushered in.  

    BARC remained in the news throughout the year, with its several meetings, road shows and several biddings. As we came to the end of the year, BARC had finalised the French audience measurement company Médiamétrie as its ratings partner, using audio watermarking technology.

    The industry also quickly revived a comatose Broadcast Audience Research Council (BARC), hired a CEO in Partho Dasgupta, and quickly went about shortlisting vendors, suppliers in a bid to have another ratings system in place by mid-2014. BARC remained in the news throughout the year, with its several meetings, road shows and several biddings. As we came to the end of the year, BARC had finalised the French audience measurement company Médiamétrie as its ratings partner, using audio watermarking technology.

    2013 was also the year of the TRAI, which is led by its warlike and extremely determined chieftain Rahul Khullar. He went around whipping almost everyone in the TV ecosystem in a bid to drive ahead digitisation and also the seeding of boxes in phase I and II towns. And then he pursued the MSOs diligently to get aggressive on customer application forms and billing. The TRAI was hyperactive to say the least. Consultation papers, open houses, private meetings – it went the whole hog in trying to bring about some change and order in the way the industry operates. At the time of writing, an extremely irritated regulator had once again pulled up broadcasters and MSOs asking them to sign inter connection agreements with the latter being told to announce subscriber packages, so that true digitisation could be said to have been achieved.

    Amassive shot in the dark that the broadcast industry took was in challenging the TRAI’s stance on curtailing TV commercial air time to 12 minutes. TV channels and networks approached the TDSAT and appealed that the TRAI had no right to do what it was threatening to implement and that it would damage the industry permanently.

    A massive shot in the dark that the broadcast industry took was in challenging the TRAI’s stance on curtailing TV commercial air time to 12 minutes. TV channels and networks approached the TDSAT and appealed that the TRAI had no right to do what it was threatening to implement and that it would damage the industry permanently. Just as its arguments were beginning to sink in through several hearings, there came the news that the Supreme Court, in another hearing, had declared that TDSAT is not the right platform to challenge TRAI regulations, the High Court is. What that meant was that the months of work done by TRAI, broadcasters and TDSAT came to nought and the argument moved to the High Court where the appeal would begin afresh.

    Year 2013 saw some new risk takers diving into the already competitive television market. Among these figure: News Nation, Zee Rajasthan Plus, Jia News, &Pictures, Zee Anmol, Star World Premiere HD, InSync and Romedy Now. But several others who were willing to roll their dice did not get government clearances. Estimates are that around 50 channels are awaiting licensing from MIB. Epic TV, Blue TV, Maha Movie are some of those which figure in this list. But the MIB released data in early December 2013 which revealed that around 784 channels have been licensed to beam over India. The MIB also cancelled 61 licences of broadcasters, in the wake of the collapse of the Saradha group, as they had provided insufficient information about changes they had made in the management or their operations after being licensed.

    Year 2013 saw some new risk takers diving into the already competitive television market. But several others who were willing to roll their dice did not get government clearances.

    On the Hindi GEC front, channels for the most part walked the tried and tested path in soap, drama, reality TV, though attempts at mythogolicals and historicals did bear fruit. Colors walked unknown terrain when its CEO Raj Nayak wagered with the Indian adaptation of American thriller24 with Anil Kapoor in the lead role, and also with a new stand-up comedy show Comedy Nights with Kapil. The first got critical acclaim; the second, a vast popular following. Nayak also gambled with seasons, bringing back shows such Na Bole Tum Na Maine Kuch Kaha for its second season.

    Star Plus continued to lead the genre for almost the entire year, with second, third and fourth places being traded between Colors, Zee TV, Sony, Life Ok and Sab. Period dramas and mythological drams such as Saraswati Chandra, Mahadev, Mahabharata from Star Plus and Life Ok did well with viewers. Staid old Zee was the real risk taker this year with its reality show –Connected Hum Tum (adapated from Armozia Formats). It tracks the life of ordinary folks on TV. India’s oldest existing private network flagged off shows such as Jodha Akbar, Budha and added another leg to its DID franchise in DID Super Moms. It did phenomenally well for Zee TV. Sony too had a winner in its period drama – Maharana Pratap, even as its long serving CID,Adalat continue to keep it amongst the top six Hindi GEC roster. Life Ok was the surprise of the year as it has emerged as a strong contender. Channel V, Sony, Zee TV all refreshed their packaging and branding through the year.

    Colors walked unknown terrain when its CEO Raj Nayak wagered with the Indian adaptation of American thriller 24 with Anil Kapoor in the lead role, and also with a new stand-up comedy show Comedy Nights with Kapil.

    The year also saw channels risking with the film industry in a big way. Star India announced that it was forking out almost Rs 900 crore for exclusive telecast rights of all of Salman Khan’s and Ajay Devgn’s films which will be released till 2017. Then film maker Kamal Hassan attempted to premiere his film Vishwaroopam on DTH platforms but had to retreat when theatre owners protested.

    What started with Amitabh Bachchan in 2000, has now snowballed with Madhuri Dixit, Salman Khan, Mithun Chakraborty, Karan Johar, Shilpa Shetty, Anil Kapoor all becoming permanent fixtures on the small screen. Other film stars too made TV shows a must stop to promote their films. Whether it is a Hrithik Roshan or an Ajay Devgn, they definitely stopped over on the sets of a Taarak Mehta Ka Ooltah Chashmah or a reality show to promote their films. While this helps create excitement on the respective shows, too many appearances on television has made them seem rather deja vu for viewers.

    Whether it is a Hrithik Roshan or an Ajay Devgn, they definitely stopped over on the sets of a Taarak Mehta Ka Ooltah Chashmah or a reality show to promote their films. 

    Film folks turned to TV production too during 2013. Anil Kapoor co-produced 24, Sanjay Leela Bhansali produced Saraswati Chandra, Anurag Kashyap announced a fictional show starring Amitabh Bachchan, who is also reviving his production house Saraswati Audio Visuals to co-produce the show with Endemol. His wife Jaya Bachchan has also announced that she is going to make her TV debut. The Bachchans’ TV fiction show debut is much awaited as it is the septuagenarian who opened the doors for Bollywood’s big stars to host or be a part of non-fiction shows with his fabulous performance on Kaun Banega Crorepati.  

    Sports in India still means cricket for the masses. However, the year 2013 saw efforts being made to kick start other sports such as football, hockey, and even badminton through leagues. At the forefront of this was the Rupert Murdoch-owned Star India which coughed up Rs 3,851 crore to acquire the rights to domestic and international cricket from the Board of Control for Cricket in India until 2018. The deal covers 96 matches, including all the international matches India plays at home and local tournaments such as Ranji Trophy, Duleep Trophy and Irani Trophy. It even invested huge monies in becoming an associate sponsor of the Indian Premier League and followed it by paying close to Rs 200 crore to become the sponsor for Team India. This just a year after it scooped out close to Rs 1,700 crore to Disney to acquire its 50 per cent stake in their ESPN Star joint venture. The year also saw Star India rebranding and relaunching the six channels under the Star Sports umbrella Star 1,2,3,4,5,6 and introducing Hindi language commentary.

    Sports in India still means cricket for the masses. However, the year 2013 saw efforts being made to kick start other sports such as football, hockey, and even badminton through leagues. At the forefront of this was the Rupert Murdoch-owned Star India which coughed up Rs 3,851 crore to acquire the rights to domestic and international cricket from the Board of Control for Cricket in India until 2018.

    2013 has also been the year when Sony Entertainment’s billion dollar plus investment to acquire the rights to broadcast the Indian Premier League for 10 years was being questioned. Viewership ratings showed some slack, even as the entire league was embroiled in a betting and fixing scandal, which involved players from different teams. Fears were that viewers would be put off, but these were short lived and it is evident from the fact that Sony has started selling inventory for the 2014 edition at higher advertising rates than earlier years.

    In the meanwhile, on the news front, it was the year of pink slips. Almost every news network trimmed the fat on bloated payrolls as the economic crisis bit deeply. Efficiency is the buzzword today in television as TV networks grapple with a tough competitive environment, high costs, and shrinking margins. News channels like NDTV, Network 18 and Bloomberg reorganised their operations, and told excess staff to go home, with journos and camera crews being the hardest hit. Zee Media (earlier Zee News) too got shareholder approval to merge the group’s English newspaper DNA with itself. Its plan is to create an integrated newsroom serving TV, internet and print. It is quite likely that the process of doing this will result in excess staff being ejaculated. Already, its cousin sister channel Ten Sports relocated staff from Dubai to Noida, a move that saw many of them putting in their papers.

    On the news front, it was the year of pink slips. Almost every news network trimmed the fat on bloated payrolls as the economic crisis bit deeply.

    Efficiency was also the buzzword with advertisers, this year, in getting a better bang for the buck. Hence, companies such as Amagi Media saw takers for its geotargeting advertising service. Bengaluru-based Amagi Media announced its deal with Hindustan Unilever (HUL) and the Viacom18 kid’s channel Nickelodeon. The deal meant that an HUL TV commercial could run simultaneously on Nick nationally in different versions, depending on geographical location using Amagi’s DART platform. The platform also entered in a partnership with Zee TV, Zee News and Zee Business.

    With all the twists and turns in the year 2013, the upcoming year looks set to be even more interesting. Will the industry earn rewards for all the risks it took? Or, will it be forced to to continue to play the role of the great gambler?  That’s a bet we at indiantelevision.com  are not willing to wager on.

  • Dish TV, IndiaCast continue to battle it out

    Dish TV, IndiaCast continue to battle it out

    MUMBAI: The fight between India’s oldest DTH player Dish TV and newbie aggregator IndiaCast seems to be becoming uglier. Both the parties are fighting it out ferociously, however, on the same playground – the Telecom Disputes Settlement Appellate Tribunal (TDSAT).

    It was just last week that the TDSAT dismissed Dish TV’s petition against IndiaCast asking them to come to an agreement that would allow the aggregator to give channels on Reference Interconnect Offer (RIO) basis. However, IndiaCast didn’t seem to be happy with the verdict and thus with the help of newspaper ads informed people about Dish’s ‘on request channels’ scheme.

    The issue took an ugly turn, when Dish reacted to it with a legal notice.

    Now, IndiaCast has gone a step ahead and has filed a petition with the TDSAT seeking clarification on the terms of the RIO, specifically on the ‘on request channel’ scheme and the scrolls running on the channels from Dish TV.

    The IndiaCast contention is that as per RIO agreements, channels can only be given in either as a-la-carte or in the packages. The concept of requesting channels is new and not prescribed as per terms of RIO.

    “Dish TV isn’t telling people exactly what this scheme is. Also, how can the number of SMSs that it receives from ‘so-called unsubscribing’ customers be monitored and verified?” asks a source close to IndiaCast. The fear is that the operator might tweak the feedback from customers and say subscribers don’t want IndiaCast channels, and hence charge carriage fees from it. 

    Dish TV, on its part, isn’t taking things too lightly. While earlier it issued a legal notice to the aggregator for spreading ‘false and malafide information’ through its advertisements on TV and in newspapers, now it has threatened severe action. Now it has also moved to the TDSAT against IndiaCast for the same.

    Both the cases will be heard on Thursday.

    According to the ‘on request channels’ scheme, viewers will have to individually message each channel that they want to watch to Dish TV. The subscriber also can earn rewards in the form of 100 points worth Rs 100 which can be redeemed to watch ‘movies on demand’ that the DTH operator offers. 

    As the fight between the two gets fierce, it’s to be seen who bows down? Or, will the Telecom Regulatory Authority of India (TRAI) have to step in to resolve the issue?

  • TRAI ad cap: Broadcasters move Delhi High Court

    TRAI ad cap: Broadcasters move Delhi High Court

    MUMBAI: The 12 minute ad cap case has had a change in venue – from the Telecom Disputes Settlement Appellate Tribunal (TDSAT) to the Delhi High Court (HC). With the Supreme Court’s recent ruling that TDSAT does not have authority to hear cases challenging the Telecom Regulatory Authority of India (TRAI) regulations, broadcasters had filed a writ petition in the HC last Friday.

    The case is set to be heard on 17 December in the Delhi HC by Justice Manmohan. The appellants include the News Broadcasters Association (NBA), 9X Media, B4U, TV Vision, Sun TV, E24 and Pioneer Channel. The hearing for the case is set to begin afresh but the priority of the lawyers representing the broadcasters will be to get a stay order from the HC to disallow the TRAI from taking any coercive action against channels which are reportedly not following the 12 minute ad cap. Under the TRAI mandate, it can persecute channels who do not toe the line that it has set.

    “We will ask for a stay order on TRAI taking any punitive actions against broadcasters. Since the TDSAT had given a stay order earlier and the bench was headed by a SC judge Justice Aftab Alam, we hope we get it from the HC too,” says a senior executive.

    The case will by and large remain the same with the focus on the fact that the ad cap is not a regulation at all. However, since it is now the HC, the crux of the arguments will be on constitutional grounds such as Article 14 and Article 19 that talks about the right to equality and freedom of speech respectively.

    The channels will now have to go through the long drawn process of the hearing proceeding in the HC and getting the stay order against the regulator taking them to the cleaners for violation of the ad cao reglation. They have been fortunate not to have got the stick so far from the TRAI which could have prosecuted them as it was within its rights to do so.

  • Close Trai Ad cap: Broadcasters get respite from Delhi High Court

    Close Trai Ad cap: Broadcasters get respite from Delhi High Court

    MUMBAI: The Indian broadcasting community has got a respite on the Telecom Regulatory Authority of India (TRAI) ad cap case. The Delhi High Court today granted an interim order preventing the regulator from carrying out any coercive action against broadcasters violating the mandated 12 minute ad cap set by it.

    Broadcasters are heaving a sigh of relief as there were fears that the regulator would prosecute them for the same. Last week’s Supreme Court judgment had struck down the Telecom Dispute Settlement Appellate Tribunal’s (TDSAT) powers to adjudicate against TRAI regulations. This had nullified the efforts by the broadcasters to get a reversal in the ad cap case by TDSAT.

    The date of the next hearing is 13 March 2014. Broadcasters have to continue the weekly submission of ad duration data to the TRAI.

    The case is surely set to drag on for quite some months as compared to its briskness in TDSAT.  The broadcasters include the NBA, 9X Media, Sun TV, B4U, TV Vision, Sun TV, E24 and Pioneer Channel that had approached the HC after the case was dismissed by the TDSAT last week.

  • TRAI gives MSOs another CAF extension till December end

    TRAI gives MSOs another CAF extension till December end

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has again shown forbearance towards multi-system operators (MSOs). The regulator has given another extension to the MSOs and asked them to submit 100 per cent consumer application forms (CAFs) by December end along with the compliance report. The regulator met the five national MSOs and a few state players today in New Delhi to get an update on the situation of DAS phase I and II cities.

    “TRAI has given us the extension looking at our performance since the last meeting held on 29 November. While we had achieved only 45 per cent CAF in DAS phase II areas when we met last, this time the figure stands at 65-70 per cent,” says one of the MSO who attended the meeting.

     The MSOs are confident of achieving the figure by the month end. “If TRAI continues its pressure and resolves to take some action against those not complying, I am sure we can achieve 100 per cent figure,” he says.

    Acknowledging the issues in Hyderabad, TRAI has shown leniency towards the city. “The 100 per cent CAF doesn’t include Hyderabad,” says the MSO.

    Apart from representatives of the five national MSOs, the others that attended the meeting chaired by TRAI principal advisor N. Parameswaran included: Manthan from Kolkata and Ranchi, UCN from Nagpur and MSOs from Vishakapatnam and Gujarat among others.

    The TRAI also reviewed the gross billing status in the DAS phase I cities. The MSOs had to start billing from December. “The subscribers need to get the bills as per their package plan from December.  The regulator has said that either the local cable operators (LCOs) or MSOs can bill the subscribers and has asked us to send the compliance report by 31 December,” informs the MSO.
    That apart, the MSOs in Kolkata and Delhi have decided to join hands and educate the consumers on gross billing. “While seven players in Kolkata will publish ads in leading newspapers in Kolkata, approximately three MSOs in Delhi have decided to come together for the print campaign,” he adds.

  • TRAI-MSO to meet on 16 Dec to assess CAF

    TRAI-MSO to meet on 16 Dec to assess CAF

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has called for a national multi-system operator (MSO) meeting on Monday, 16 December. The meeting has been called to assess the report on collection of consumer application forms (CAFs) in the 38 cities falling in Digital Addressable System (DAS) phase II. 

    Earlier, on 29 November, TRAI had met all the MSOs and had set 15 December as the deadline for submitting 100 per cent CAFs.

    We had to submit the CAFs, including subscriber details and package details by 15 December. TRAI has called for the meeting to assess the situation says SN Sharma

    “We had to submit the CAFs, including subscriber details and package details by 15 December. TRAI has called for the meeting to assess the situation. It is a follow-up of the meeting we had earlier with the regulator,” says DEN Networks CEO SN Sharma.

     The regulator has called for the meeting to review the progress made in the DAS phase II areas. “Though in the last meeting, we had asked for a one month extension to complete CAF, the regulator had given clear directions to complete CAFs in the specified period of 15 days,” adds Hathway Cable & Datacom MD and CEO Jagdish Kumar G. Pillai.

    The MSOs are struggling to meet the deadline. “Our national average for CAF is around 65 per cent. While in a few areas we have achieved 90 per cent CAF, there are also areas like Hyderabad where we have still not collected any CAF,” informs Pillai, who thinks that the collection can improve only if the Information & Broadcast Ministry announces Greater Hyderabad Municipal Corporation (GHMC) as DAS area.

    In the meeting held on 29 November, it was revealed that Gujarat Telelink Pvt Ltd (GTPL) is lagging behind in areas like Vizag and Solapur, Hathway is far behind in Vizag and Hyderabad and Den Networks had a low CAF collection in Uttar Pradesh. “We have achieved 80 per cent CAF in Gujarat, while catching up in other areas,” informs GTPL COO Shaji Mathews.

    Though in the last meeting, we had asked for a one month extension to complete CAF, the regulator had given clear directions to complete CAFs in the specified period of 15 days, says Jagdish Kumar Pillai

    The court cases related to the digitisation process that were on till quite some time in states like Madhya Pradesh, Andhra Pradesh and Gujarat have acted as a hindrance to smooth CAF collection, think the MSOs. “Digitisation in Vizag began only in September, so it will take more time for the MSOs to submit 100 per cent CAF there. Also, we are facing issues in Gujarat,” adds Mathews.

    The Gujarat Cable Operators Association has moved to the Gujarat High Court against TRAI and the case is pending in the court. “We will have to see if the TRAI gives us reprieve for customers who fall under these cable operators. If it doesn’t, then we may have to switch off signals, which will then be against court order. The situation is tricky in Gujarat and we are waiting for what the regulator has to say in the meeting,” says Mathews.

    We will have to wait and watch if TRAI comes up with another extension or penal action for non-compliance! MSOs await the meeting.