Tag: Trai

  • DPOs say TRAI tariff order lacks value without 15% bouquet discount cap

    DPOs say TRAI tariff order lacks value without 15% bouquet discount cap

    MUMBAI: With TRAI’s petition seeking clarity on the 15 per cent bouquet discount cap being dismissed as withdrawn in the Supreme Court, distribution platform operators (DPOs) are of the opinion that the entire value chain is now bound to function like it did before the new tariff order came into existence.

    Last month, the regulator had filed a petition in the top court on the issue of 15 per cent cap on discount on a bouquet price of TV channels to consumers that had been set aside by Madras High Court while upholding TRAI’s right to regulate the broadcast sector.

    Highlighting the delay, the Supreme Court was of the opinion that the TRAI should have sought clarification on the clause while arguments were being presented in the matter last year.

    With the court’s latest act, CEO of the Chandigarh-headquartered MSO Fastway Peeush Mahajan believes that the DPOs will not be in a position to package their product, thereby being reduced to just passing on to consumers the offerings broadcasters have prepared.

    “Basically what I’m seeing is, we are back to stage one. 15 per cent clause, as per me, is the gist of the entire tariff order. With 15 per cent gone, there will now be predatory pricing. Broadcasters will keep the rates higher for a-la-carte channels and give a discount of 50-60 per cent on the bouquets,” Mahajan told Indiantelevision.com.

    Maharashtra Cable Operators’ Federation (MCoF) committee member Asif Syed concurs with Mahajan. According to him, the 15 per cent clause was in the interest of consumers as well as the MSOs.

    “If the capping is not allowed now, the problem would be MSOs won't be able to bundle all the packages. If someone wants to watch a Marathi GEC, right now there is no option wherein you can get Star Pravah and Zee Marathi in the same package. MSOs could have done that had there been a 15 per cent cap. We won't market the pay channels. Since we are not getting a good share why should we help the broadcasters? Let them advertise, let them do the hard work. There would be resistance from our side,” Syed further added.

    The DPOs point out that the problem with the pre tariff order period was that the a-la-carte pricing was very high and bouquet pricing was extremely low. In a sense, that’s the direction the industry will now be headed in.

    “As on today, we basically have an LCO and subscriber contact programme where we are reaching to the LCOs and they are further reaching the subscribers. Now there is a big resistance from the cable operators, so let’s see how this will shape up. We are trying to convince the cable operators that we have to implement the order but the actual number of consumers registered by the LCOs is unknown,” Mahajan stated.

    While the regulator failed to get a written assurance on whether the court would entertain similar pleas in the future, there’s little doubt of it seeking further amendments to the order going forward.

    “To my understanding, TRAI has withdrawn the petition. In my belief, TRAI will definitely take steps to bring about whatever amendments are required in the tariff order so that it meets the objectives. In the meanwhile, it would be better if broadcasters review their negative approach and make it friendly to consumers as well as DPOs,” Kerala Communicators Cable Limited (KCCL) CEO Shaji Mathews highlighted.

    A section of the DPOs believes that broadcasters have acted, by adopting an unrealistic pricing model, against the spirit of the TRAI order. This, they feel, has been done in order to pressurise TRAI as well as DPOs. The regulator’s objective was to ensure that rates are realistic. Broadcasters not adhering to realistic pricing models amounts to deliberately defeating the purpose of the tariff order, says an MSO CEO who did not wish to be quoted.

    The TRAI is now set to meet major MSOs and broadcasters to discuss the implementation of the tariff order on 4 January. That is when there will be further clarity on what lies ahead for the entire content distribution value chain.

  • TRAI’s SLP on 15% bouquet discount cap dismissed as withdrawn in SC

    TRAI’s SLP on 15% bouquet discount cap dismissed as withdrawn in SC

    MUMBAI: The special leave petition (SLP) filed by the Telecom Regulatory Authority of India seeking clarifications on the 15 per cent bouquet discount cap last month was today dismissed as withdrawn in the Supreme Court.

    Pointing to the delay, the court was of the opinion that the clarification should have been sought while the matter was being argued.

    The regulator also failed to obtain a written assurance from the court on the possibility of the latter entertaining similar clarifications in the future. 

    Last month, the regulator had filed a petition in the top court on the issue of 15 per cent cap on discount on a bouquet price of TV channels to consumers that had been set aside by Madras High Court while upholding TRAI’s right to regulate the broadcast sector.

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

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

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

  • Ten events that shook television in 2018

    Ten events that shook television in 2018

    TV18 seized operational control of Viacom18

    India’s richest man Mukesh Ambani’s RIL rode the telecom, media and technology convergence wave better than most. The billionaire kick-started the year with a bang as he intensified TV18’s stake to 51 per cent by acquiring 1 per cent of Viacom18’s equity from Viacom Inc. for a cash consideration of $20 million. Viacom and Viacom18 also extended their brand and content license agreement by 10 years. That’s not all, RIL also pocketed a small but significant five per cent stake in content powerhouse Eros International.

    Consolidation in TV distribution

    The Indian market wasn’t exempted from the global merger frenzy. The coming together of two large DTH operators – Dish TV India and Videocon d2h – was finally concluded in 2018, creating the largest DTH service provider in the country with a subscriber base of about 29 million. One of the biggest attractions for Dish TV as the acquirer was Videocon’s significantly higher average revenue per user (ARPU). Significantly, the combined entity’s ARPU was Rs 207 in the second quarter as opposed to Dish TV’s standalone ARPU of Rs 144 pre-merger. The deal also helped Dish TV position itself better when it came to negotiating with broadcasters.

    Uday Shankar named Disney APAC boss

    A blockbuster deal that came through this year was the $71 billion acquisition of 21st Century Fox assets, including Star India, by Disney. After a long and sustained bidding war with Comcast, the Mouse House got its hands on much of the Murdoch empire. Late in the evening of 13 December came the announcement that Uday Shankar would be taking over as chairman of Star and Disney India and president of the Walt Disney Company Asia Pacific. Under the new structure, has multiple Disney executives reporting into him. Having run circles around Disney in India, Uday now shoulders the responsibility of entertaining more than half the world’s population. More TV disruption guaranteed.

    Jio unveiled ominous FTTH plans

    From formally launching FTTH service Jio GigaFiber to acquiring majority stakes in two large MSOs to speed up the rollout, the Mukesh Ambani-led Reliance Jio was definitely the centre of attention in 2018. Reliance Industries Ltd (RIL) made an investment of Rs 2,290 crore for 66 per cent stake in Den and Rs 2,940 crore for 51.3 per cent stake in Hathway. It will save RIL the cost of reaching out to customers as well as making the last mile connectivity easier in its ambitious bid of seizing control over India’s wired broadband business. As the Jio juggernaut marked its entry into India’s multi-billion-dollar cable TV and DTH businesses, traditional players eyed the development with a healthy mix of skepticism and optimism.

    OTT streaming gathered momentum

    When it came to content, OTT platforms captured the zeitgeist of 2018. Premium digital video content was relentlessly rolled out by the likes of Amazon Prime, Netflix, ALT Balaji, Hotstar, Voot and Zee5, keeping the audiences hooked at all times. Naturally, the band of programmers at some of India’s biggest broadcast networks felt the heat as a new wave of content competition hit India. Heads of Hindi GECs pulled out all stops in order to stay ahead of the game and keep their viewers happy. Thankfully for them, the cord-cutting trend, prevalent in several countries, didn’t grab India’s undivided attention. However, the sheer scale and quality of OTT content audiences were exposed to this year should be a cause for worry entertainment channels.

    Stalwarts made intriguing moves

    It was also a year of full surprises for the Hindi GECs, especially on the leadership front. Top-notch industry executives decided to call it quits including veteran Colors CEO Raj Nayak who dropped the bombshell of his Viacom18 exit after a distinguished seven-year stint with the media and entertainment conglomerate. Another prominent personality Discovery India and South Asia head Karan Bajaj also called it a day. Industry insiders believe the bespectacled Bajaj timed his exit to perfection, stepping aside when it mattered most. Both of them haven’t hinted at what gigs they are likely to take up next. Another heavyweight – Deepak Rajadhyaksha – who was heading Zee TV, turned to Viacom18 with his mantle being handed over to the broadcaster’s English cluster head Aparna Bhosle.

    Regional forces staged forward

    As far as content consumption was concerned, regional content too made its mark this year. While Hindi language consumption remains the country’s preferred choice, growth was fastidiously led by regional content. Backing this up with some facts, it was reported that the daily tune-ins on TV by the HSM led to 68.4 per cent, whereas in the South market it led to 78.3 per cent. Simultaneously, the advertisement expenditure in FY18, Hindi GECs declined by nine per cent as compared to an increase of 5.4 per cent in on regional channels. This was in line with growing investments made by broadcasting majors in the expansion of their regional offerings.

    Television business retained rhythm

    Channels continued to be launched in 2018 with almost all networks rolling out new offerings in regional languages – a trend which began over 2016 and 2017. Colors Tamil, Sony Marathi, Star Sports 3, Zee Keralam among others were unfurled for viewers by the major players. What's keeping broadcasters buoyant is the annual expansion in advertising continues unabated at about nine to 10 per cent annually. So, though traditional pay TV is not dead yet and will continue to grow in India as the saturation point is still far from over (BARC India estimates there are about 197 million TV homes in India over 100 million still to be covered), traditional media players have realised OTT and other forms of digital delivery of video — professional or user-generated — will continue to grow and put pressures on ARPUs and other numbers as more Indians take to smartphones and devises with broadband infrastructure slowly improving and cost of data plummeting in the short term.

    Tariff order turbulence

    TRAI’s new tariff regime, proposed first quarter 2017, continued to cast a shadow in 2018 with confusion relating to some aspects (like a 15 per cent cap on discounts to consumers for TV channels) lingering on like an unfinished record playing out discordant notes. While TRAI has sought clarification from the Supreme Court on the discount issue (the next hearing is sometime in January 2019), it has simultaneously cracked the whip on broadcasters and distribution platforms to fall in line with its new tariff regime by end of the present year.

    Major overhaul in the offing at ZEEL

    Subhash Chandra and family along with its advisors met in Mumbai over the Diwali weekend to undertake a strategic review of its businesses in view of the changing global media landscape. It was decided to undertake a strategic review of Essel's shareholding in ZEEL with a view to maximize value for the business. The proposed transaction to divest up to 50% of Essel's holding to such a strategic partner. Essel appointed Goldman Sachs Securities (India) Ltd. as their investment banker and US and European based LionTree as an international strategic advisor for this exercise. Essel expects the outcome of the strategic review to be concluded by March/April 2019.

  • Madras HC declines stay on TRAI tariff order

    Madras HC declines stay on TRAI tariff order

    MUMBAI: The Madras High court rejected the interim prayer plea in a petition filed by Chennai Metro Cable TV (CAS) Operators Association declining to stay the implementation of Telecom Regulatory Authority of India's (TRAI) tariff order. Justice S Vaidyanathan issued notice to TRAI as well as posted the matter to 3 January for further hearing.

    The cable TV association’s petition was against two notifications on the new regulations issued through media releases on 19 November and 18 December fixing December 29 as the deadline for implementing the new regime. They sought to quash the two notifications along with an interim stay on the implementation of the regulations.

    The regulatory body’s council submitted that the matter was already raised before the Supreme Court. Moreover, now TRAI itself has given additional one month for smooth transition allowing consumers to choose the plan till 31 January.

    The objections were first raised by a social activist after the first communication on 19 November, as submitted by the petitioner association. It claimed that TRAI, without considering the objections, passed the second release specifying the deadline.

    Under the new regime consumers have to choose channels and local cable operators will have to collect the required fees. The petition claimed this arrangement unworkable. It also claimed it would curtail the right of consumers to see all channels.

  • TRAI extends deadline for comments on TV audience measurement overhaul

    TRAI extends deadline for comments on TV audience measurement overhaul

    MUMBAI: Earlier this month Telecom Regulatory Authority of India(TRAI) came out with a public consultation on various facets of TV audience measurement and how the existing system could be made more robust. The regulatory body has now extended the deadline for receipt of comments and counter comments based on a request from stakeholders.

    The last date for receipt of written comments and counter-comments from the stakeholders has been extended to 2 February and 16 February respectively. At the time of the release of the consultation paper, the last dates were 2 January and 16 January.

    Television audience measurement in India continues to remain one of the key subjects that evoke reactions from stakeholders. Given that advertising expenditures are typically guided by such data and, in the wake of the matter being raised at various fora, TRAI came out with the consultation paper.

    Telecom Authority of India (TRAI)’s move gains importance as stakeholders during meetings with the regulator, leading up to the present consultation, had conveyed that the present measurement system, spearheaded by a joint industry body Broadcast Audience Research Council India (BARC India), has done a credible job till now, but additional improvements could be made, including making data collection more robust and finding ways to curb panel infiltrations leading to possible manipulations. More so as the industry has already invested in the present system over the past three years and it would be improper to try find alternate mechanisms at this juncture.

    Keeping such views in mind, TRAI has raised issues relating to RPD(return path data) and whether set-top-boxes deployed in the country were technically adept at catching such figures — initiatives that would add to data robustness. The specific questions asked is: What percentage of STB supports transferring viewership data through establishing a reverse path/connection from STB? What will be the additional cost if existing STBs without return path are upgraded?

    Asking whether regulatory tweaks were needed to reduce the impact of manipulation of measurement panels — an issue red-flagged by BARC India itself in an earlier consultation — TRAI has sought comments on the country-wide panel size and also the size of the individual panels in rural and urban areas.

    The consultation paper highlights several such issues, including if BARC India, the organisation presently doing audience measurement, has been able to accomplish its purpose.

    Industry observers said though the regulator may have raised pertinent issues, some of them could be answered by the stakeholders only if they decide to take a firm view on them. For example, TRAI asks whether the present sample size of bar-o-meters employed to collect data is adequate. The answer is, maybe no. But to increase the sample size, the stakeholders need to commit more financial investments and give BARC India the go-ahead — though annually some boxes are added to live up to promises made at the time Ministry of Information and Broadcasting green-lighted the BARC project.

    The TRAI paper also seeks inputs from the stakeholders regarding shareholding/ownership pattern of BARC India and whether its credibility and neutrality can be enhanced further, while highlighting various methods of collating such data in other countries, including the US, the UK and France.

    Some of the other issues highlighted in the TRAI paper are the following:

    # Is there a need to promote competition in television rating services to ensure transparency, neutrality and fairness to give TAM rating?

    # What regulatory initiatives/measures can be taken to make TV rating services more accurate and widely acceptable?

    # Is the current audience measurement technique used by BARC apposite?

    # Does broadcasting programmes that are out of their category or in different languages for some time during the telecast affect the TAM (TV audience measurement) rating? If so, what measures should be adopted to curb it?

    # Can TV rating, based on limited panel homes, be termed as truly representative?

    # What should be done to reduce the impact of manipulation of panel home data on overall TV ratings?

    # What should be the panel size both in urban and rural India to give true representation of audience?

    # What method/technology would help to rapidly increase the panel size for television audience measurement in India? What will be the commercial challenge in implementing such solutions?

    # Should DPOs be mandated to facilitate collection of viewership data electronically, subject to consent of subscribers to increase data collection points for better TRPs?

    # What percentage of STB supports transferring viewership data through establishing a reverse path/connection from STB? What will be the additional cost if existing STBs without return path are upgraded?

    # What method should be adopted for privacy of individual information and to keep the individual information anonymous?

    # What should be the level/granularity of information retrieved by the television audience measurement agency from the panel homes so that it does not violate principles of privacy?

    # What measures need to be taken to address the issue of panel tampering/infiltration?

    # Should BARC be permitted to provide raw level data to broadcasters? If yes, how secrecy of households, where the people meters are placed, can be maintained?

    BARC India, set up in 2015, is a joint venture amongst broadcast and advertising industry bodies IBF, AAAI, ISA with Indian Broadcasting Foundation or IBF being a majority shareholder. India’s public broadcaster Prasar Bharati also sits on the BARC India board. Apart from TV audience data, BARC India is also exploring rolling out similar figures for digital platforms.

  • TRAI extends deadline to 31 Jan for migration to new tariff regime

    TRAI extends deadline to 31 Jan for migration to new tariff regime

    MUMBAI: Stakeholders of India’s broadcast sector can now breathe a sigh of relief as the Telecom Regulatory Authority of India (TRAI) has extended the date of customer migration to the new tariff regime by a month to 31 January 2019.

    With 28 December, the initial deadline for the tariff order implementation neared, the DPOs in particular were highly concerned how the transition would pan out.

    Thanks to the decision, now DPOs can seek options from consumers till 31 January. Customers will be migrated as per their choice from 1 February.

    "We had a meeting of broadcasters, DTH operators, and MSOs today [Thursday]. Everyone confirmed their readiness to implement new regulations. However, they requested that some more time may be given to seek options from subscribers for smooth and interruption free migrations," TRAI secretary Sunil K Gupta was quoted as saying by a PTI report.

    The regulatory body may consider holding weekly review meetings with industry representatives to monitor the progress of the transition of TV viewers, a Hindu Business Line report stated. The report also added that the DPOs are likely to be asked to submit weekly reports on the number of subscribers who have migrated to the new subscription plans in accordance with the new tariff order.

    “It is definitely a step forward from the original plan. Once the bouquet prices are declared by DPOs, only then consumers can migrate to the new plan. These are all interlinked – broadcaster prices have come based on which the DPOs have to declare their prices, they need time for that. Once they (DPOs) declare, consumers need time for selecting a plan. So there needs to be a logical gap between the declaration of prices by broadcasters and then a gap for the DPOs to declare their prices and then time for consumers to choose also,” KCCL CEO Shaji Mathews told Indiantelevision.com

    Earlier this week, TRAI also squashed all rumours about a channel blackout on 29 December. TRAI asserted that it advised all broadcasters, DPOs and LCOs to ensure there is no disruption of TV services. TRAI also added then that it was working on a detailed migration plan for all subscribers.

    “It will help consumers and DPOs as well as broadcasters. This is not only required for DPOs, if there’s no time consumers will not choose new packages or channels which means there will be a blackout of channels and then broadcasters will suffer as DPOs will not be able to collect money. This is a step towards avoiding a blackout,” he added.

    The new tariff order will give the power of choice to the hand of consumers. While until now consumers only watch the channels offered by DPOs, the new order allows them to select their desired TV channels and pay accordingly. Currently, all the broadcasters have updated their channel and package pricing.

  • Maharashtra stares at possible 3-hour cable TV blackout today as LCOs flex muscle

    Maharashtra stares at possible 3-hour cable TV blackout today as LCOs flex muscle

    MUMBAI: Cable operators across the country, and particularly in Maharashtra, seem to have upped the ante in their confrontation with the Telecom Regulatory Authority of India (TRAI) over the new tariff order that will be applicable to the broadcast sector from 29 December 2018. At a protest gathering in the city on Wednesday, the Cable Operator and Distributors’ Association (CODA) called for a cable TV blackout from 7 to 10 pm today.

    The cable operator fraternity has taken affront to the TRAI formula that dictates the revenue sharing model. As per the regulator’s math, MSOs and LCOs will split the network capacity fee (NCF) of Rs 130 in a minimum 55:45 ratio, with no share for the broadcasters. Consumers will have access to 100 FTA channels, including 26 mandatory Doordarshan channels, by paying the NCF. For pay channels, broadcasters will pocket 65 to 80 per cent of the MRP with the MSO and LCOs sharing the rest in a 55:45 ratio.

    “The protest is about two things, one is the price hike which is going to affect the customer and second the revenue share. The cable operators must get 40 per cent and the remaining 60 per cent should be divided between the broadcaster and the MSO,” said CODA’s Anil Parab.

    Apart from the sector regulator, the Maharashtra cable operators seem to have trained their guns at the Star India Network too. There’s a protest planned at Lower Parel’s Urmi Estate, which houses the Star India office, at 2 pm on 28 December. Not just that, LCOs say they will also refrain from pushing Star’s channel pack to consumers.

    “We are boycotting Star India channels. We are going to sit outside Star office in Lower Parel on 28 December at 2 pm. We will not book Star India channels initially,” added Parab.

    The reason for their ire at Star is the broadcaster’s alleged refusal to meet and negotiate with cable operators.

    “All the broadcasters except Star are in communication with us and are willing to sit across the table to iron out differences,” Maharashtra Cable Operators’ Federation committee member Asif Syed told Indiantelevision.com.

    He also said that dissuading consumers from opting for the Star pack won’t be all that difficult given the personal equations LCOs share with most of them.

    “It takes about a week to change the viewing preference of consumers. We have first-hand experience of this,” he added.

    While the distribution ecosystem is now up in arms, it was Star India that fought the TRAI tooth and nail in the Madras High Court and then the Supreme Court over the tariff order.

    In private conversation, however, some operators agree that they should have voiced their concerns on the matter ahead of time. The last-minute agitations may not yield the desired results, but the faction-riddled cable fraternity is determined to put up a united front.

    “We demand that the revenue sharing should be around 60 and 40 per cent. 60 per cent of the pay channel revenue should be shared between the MSOs and the broadcasters, and the remaining 40 should purely go to the LCOs. On the FTA channels, minimum fee of Rs 20 should be taken by the MSO for carrying channels up to the LMOs headend, as after that he distributes on his own network. 80 per cent of the networks where FTA channels are carried are in the hands of the LCOs. 20 per cent of the FTA channels revenue should be given to the MSOs,” argues MNS Cable Sena VP Jagdish Joshi.

    While the LCOs are spoiling for a fight, MSOs don’t seem to be wanting a piece of the action.

    “The protest is about the amendments in the sharing revenue model on pay channels and want it to be changed to 60:40 from 80:20 currently. There is no support from us,” a member of the senior management of a national MSO told Indiantelevision.com on the condition of anonymity.

    This protest isn’t just a Mumbai phenomenon. LCOs from over 30 associations across the country descended on New Delhi’s Jantar Mantar on Wednesday asking TRAI to amend the tariff order.

    The Vadodara Cable Operator Association, joined by their counterparts from Ahmedabad, called for a complete blackout on 28 December night to let their displeasure known to the regulator during a gathering at the Gandhinagar Gruh.

    In Hyderabad on Tuesday, the Old City Cable TV Operators Welfare Association threatened to blackout paid channels and stop payments to MSOs if they were compelled to pay based on the new tariff regime.

    “We are not against the tariff order; we just want some amendments to be done before the implementation. As per the trends going in the country, if the revenue share is very unfair, nobody is ready to do business in the country,” Joshi concluded.

    Stepping up its efforts to enable a smooth transition, TRAI said it is preparing a detailed Migration Plan for all the existing subscribers. On Wednesday, the regulator issued a circular allaying fears of a potential blackout.

    “The authority has noticed that there are messages circulating in the media that there may be a black-out of existing subscribed channels on TV screens after December 29, 2018. The authority is seized of the matter and hereby advises that all broadcasters/DPOs/LCOs will ensure that any channel that a consumer is watching today is not discontinued on 29.12.2018. Hence, there will be no disruption of TV services due to implementation of the new regulatory framework,” the circular said.

    Earlier this month, filed a petition seeking clarification on the issue of 15 per cent cap on discount on a bouquet price of TV channels to consumers that had been set aside by Madras High Court while upholding TRAI’s right to regulate the broadcast sector. The matter will be listed when the top court resumes post the winter break in January 2019. There’s another case being heard in the Delhi High Court involving Tata Sky, Airtel Digital TV and Discovery India that will be heard on 10 January.

    The LCOs are closely monitoring these matters. They also don’t rule out raking up the ongoing issue with the TDSAT. For now, however, they intend to show their might to TRAI and the broadcasters as the country prepares to adopt a new tariff regime. It remains to be seen what impact they can conjure up.

  • TRAI says no blackout of TV channels on 29 December

    TRAI says no blackout of TV channels on 29 December

    MUMBAI: Speculations have been rife about a complete blackout of TV channels on December 29 following the Supreme Court orders of implementing a new tariff regime, as the system allegedly is not ready for such a big move. Squashing all such rumours, regulator TRAI has asserted that it has advised all the broadcasters, DPOs, and LCOs to ensure there is no disruption of TV services.

    It says in the release, “The authority is seized of the matter and hereby advises that all broadcasters/DPOs/LCOs will ensure that any channel that a consumer is watching today is not discontinued on 29.12.2018. Hence, there will be no disruption of TV services due to implementation of the new regulatory framework.”

    The release further reads, “Keeping in view the interest of the subscribers and to enable a smooth transition, the authority is preparing a detailed migration plan for all the existing subscribers. The migration plan will provide ample opportunity to each and every subscriber for making informed choice. This will also enable service providers in carrying out the various activities as stipulated in the new regulatory framework in a time-bound manner.”

    As per TRAI, the new tariff order will give consumers the power to choose and will also lower the prices for TV channels. This new framework allows them to select and pick channels that they like to watch and pay accordingly. It also requires the TV broadcasters to disclose maximum retail price (MRP) of their respective channels and also of the channel bouquets. As per the Supreme Court verdict of 30 October 2018, the service providers were advised to complete the preparation for migration to the new framework by 28 December 2018.

    Earlier, as well, TRAI had asked the broadcasters to work closely with all the service providers to ensure a hassle-free transformation, in the interest of the consumers.

  • A year when OTT onward march & TRAI tariff issue hogged limelight

    A year when OTT onward march & TRAI tariff issue hogged limelight

    MUMBAI: 2018 could have been easily dubbed as the Indian year digital or OTT, with its chaotic growth continuing and multi-million dollars being poured into programming by global and local players, however, the new tariff and regulatory regime for the broadcast and cable sector occupied as much mind space.

    Though these are early days for a sure shot business model for digital space emerging as players continue to experiment with AVOD, SVOD and combination of several other models, there’s no denying OTT has more than a foot inside the door in India.  

    According to a report by market research firm Media Partners Asia, online video revenue, comprising net ad spend and subscription fees, will grow at an 18 per cent CAGR across Asia Pacific between 2018 and 2023, climbing from $21 billion 2018 to $48 billion by 2023. While China will account for the lion’s share of industry value, with more than 60 per cent of Asia Pacific online video revenue and more than 75 per cent of direct-to-consumer SVOD subs by 2023, other big markets by revenue would include India, Japan, Australia, Korea and Taiwan.

    So, though traditional pay TV is not dead yet and will continue to grow in India as the saturation point is still far from over (BARC India estimates there are about 197 million TV homes in India over 100 million still to be covered), traditional media players have realised OTT and other forms of digital delivery of video — professional or user generated — will continue to grow and put pressures on ARPUs and other numbers as more Indians take to smartphones and devises with broadband infrastructure slowly improving and cost of data plummeting in the short term.

    The inroads into India in 2018 made by Chinese mobile companies have been impressive while raising fears of tracking and data misuse too.

    “With 160 million shipments of smartphones in 2019, apart from being the only market to grow in this sector, India will also be the most potential market for global content creators,” Zeel MD Punit Goenka tweeted last week. This observation is testimony to traditional media players waking up to the competition from OTT platforms for eyeballs.

    The growth of online platforms also means the continued search for both original and library content too will grow as it did in 2018. Not only global players like Netflix and Amazon announced big-budget investment in original content starring leading Hindi film stars like Shah Rukh Khan and Saif Ali Khan, local companies too have upped the ante realising the potential of the digital space. Star India’s digital arm Hotstar claimed 100 million viewers for the IPL cricket and ZEE5 has come out with some refreshing non-fictional programming.

    If online video distribution is growing in India, so has the demand for content regulation. Even as Indian policy-makers struggle to understand the business model(s) for digital players, the cry for regulation to suit Indian sensibilities (or lack of it) too has increased. Netflix Indian original Sacred Games is still fighting out a legal case, while informal warnings have gone to other Indian OTT platform too to tone down edgy programming being streamed.

    Bouncing amongst several government organisations (MIB, TRAI and Meity), the issue of online content regulation was a hotly debated topic in India with a large section of the industry pushing for self-regulation like those prevailing for TV content.

    If not in 2018, some sort of content regulation for online video will definitely come. The only thing that matters is whether in 2018 or it will be post general election in 2019.

    The action in the online video segment and its delivery mode was catalysed by the arrival of Reliance Jio that has expanded from just being a player to becoming a behemoth in a short period of time, handing out services at comparatively low prices. The rollout of Jio Giga fibre network in 2018 has sharply woken up legacy distribution players, including telcos who went on a partnership spree to source content.   

    And, if the regulators in India struggled with the issue of online  content, TRAI’s new tariff regime, proposed first quarter 2017, continued to cast a shadow in 2018 with confusion relating to some aspects (like a 15 per cent cap on discounts to consumers for TV channels) lingering on like a unfinished record playing out discordant notes. While TRAI has sought clarification from the Supreme Court on the discount issue (the next hearing is sometimes in January 2019), it has simultaneously cracked the whip on broadcasters and distribution platforms to fall in line with its new tariff regime by end of the present year.

    The formulation of a new telecom policy or the National Digital Communication Policy 2018 could also be said to be a milestone as India stopped just short of creating a mega communications regulator overseeing the realms of TV broadcast, online and telecoms, depending on having increased synergies amongst these segments and their regulatory regimes.

    Increased mergers & acquisitions seen in 2018 would continue consolidating the market and players. But such activities also raised doubts on possible creation of monopolies. Disney takeover of most of the media businesses of Rupert Murdoch’s 21st Century Fox, including Asia biggie Star, played out in India too even as Mukesh Ambani’s Reliance Industries and its various arms went on a shopping spree buying sizable stakes in content makers (Balaji Telefilms, Eros, for example), distribution platforms (Hathway, DEN Networks) and other media assets. That Subhash Chandra-founded Zee too is looking for an investor spiced up the mergers and acquisitions space.

    Channels continued to be launched in 2018 with almost all networks rolling out new offerings in regional languages – a trend which began over 2016 and 2017. Colors Tamil, Sony Marathi, Star Sports 3, Zee Keralam were unfurled for viewers by the major players. What's keeping broadcasters buoyant is the annual expansion in advertising continues unabated at about nine to 10 per cent annually. 

    While legacy media players (like cable TV, MSOs/LCOs, DTH) in India have started a fight for survival and improved bottomlines in the aftermath of online’s growth, the #MeToo effect in 2018 did not leave the media and entertainment untouched.

    Though #MeToo in 2018 more impacted the advertising and film segments with some big names becoming casualties, the ripple effect in the broadcast sector was low. But the movement has opened up a can of worms in the Indian media, entertainment and advertising segments.

    The industry is on tenterhooks in an election year, wondering whether the BJP or NDA will make a comeback in April-May 2019 or yield to the Congress. Will the policy regime continue or will there be changes? These are questions that seem to be creasing many a brow. 

    But on the whole, will the trends continue in 2019? Of course, yes as it too promises to be quite a roller-coaster.

  • Sudhanshu Vats on the TRAI tariff order, Viacom18’s channel pricing and strategy

    Sudhanshu Vats on the TRAI tariff order, Viacom18’s channel pricing and strategy

    MUMBAI: At 50, with sharp features, and a spring in his step, Viacom18 group CEO and managing director Sudhanshu Vats can simultaneously pass off as an enthusiastic, backslapping college professor and an intimidating corporate power player. Watch him in action, even briefly, and you can’t help but be struck by adjectives like efficient and disciplined. Despite his unassuming manner, Vats, I am reminded is always firmly in control.

    His six-year (and counting) stint as one of the most influential business executives in the country bears that impression out. A widely-respected thought leader and tactician, Vats has proved to be a highly effective occupant of the Viacom18 hot seat, corralling a cluster of brands and companies into an agile media and entertainment behemoth.

    He rarely ducks a question, often either plunging into a dissection of it or using short and succinct sentences to answer it. Unfailingly, however, he punctuates every response with a smile.

    Perhaps these qualities enable him to swing between an awkward but endearing dance at a kids' show awards and successfully present the intricacies of GST math on the entertainment media industry to the Prime Minister.

    More on that some other time. For now, however, the subject of my chat with Vats, in his office at Viacom18’s headquarters, located just off the Western Express Highway in Mumbai’s Andheri, is the much-debated tariff regime for the broadcast sector. The fundamental tenets of TRAI’s diktat is rooted in order and process, words Vats is all too familiar with.

    “The tariff order is a progressive document because it offers choice to the consumer, it attempts to bring in equity in the value chain and over a period of time brings in transparency and objectivity in the way we deal in the entire media and entertainment ecosystem,” he tells me.

    As 28 December 2018 nears, broadcasters and DPOs are working both frantically and frenetically to ensure that none of their consumers are deprived of their favourite TV channels. Friction and chaos notwithstanding, the ecosystem is making a concerted effort for a seamless transition.

    That, however, seems like a tall order for now considering the scale of the challenge. In fact, Vats puts his finger on two critical ones.

    “Education of the consumer, which is critical, is a key challenge,” he highlights.

    When talking about the second, Vats appears less a managing director of a giant corporation and more a statesman of India’s media and entertainment firmament and also its moral arbiter.

    “Second is, in these times, the ability of the industry and all the constituents of the industry to come together and to be able to support one another. Because we have to start thinking of ourselves as the industry and seek solutions rather than focusing on our individual constituency or the company. My idea is that it has to be a win-win-win formula. So everybody should win in the long-term. But in the immediate analysis we if start looking at it from our narrow boundaries then that could make the transition more difficult,” he points out.

    Viacom18 and TV18’s distribution arm IndiaCast has bundled the networks’ 57 channels (42 SD and 15 HD) in three packs – budget, value and family. The networks have also introduced 10 channel bundles, in SD and HD versions, mapped to its markets (Hindi, North East, Kerala, Karnataka, Gujarat, Bengal, Maharashtra, Orissa, Telugu and Tamil) to allow the consumer to choose from.

    “Anuj [Gandhi] and his team have done everything possible to make sure we are equipped,” the Viacom18 topper says.

    From a legal standpoint though, the matter is yet to be concluded. Earlier this month, TRAI filed a special leave petition (SLP) in the Supreme Court seeking clarifications on the 15 per cent cap on bouquet discounts. Currently, Viacom18 has not adhered to the cap. However, a favourable ruling for the regulator when the Supreme Court resumes after winter vacations next year  could lead to revision of channel pricing.

    “This is a debatable point and I will wait because the matter is sub-judice. I wouldn’t like to give a point of view at this moment and we will see how we adapt ourselves to that,” says Vats when asked whether he’s in favour of a 15 per cent cap or not.

    His network has launched a multi-media marketing campaign, titled ‘Ek Me Hai More Yahaan’, asking consumers to pick up the ‘Colors wala Pack’, designed for the Hindi speaking market (HSM) and priced at Rs 25 a month.

    Given that the top court pronounced its judgement in the matter relating to jurisdiction of TRAI on 30 October 2018, could the broadcaster have kicked-off its publicity blitzkrieg earlier?

    “As for the consumer campaign, the timing is broadly right. You can’t start telling the consumer in October and ask her to act in December. She has to act now and that’s why our campaign should be on now. That is why you’re seeing the timing the way it is,” says Vats adding that he’s committed to investing in such campaigns till it is required.

    The early success of the new tariff regime’s implementation hinges on consumer awareness and adaptability. In such a scenario, every constituent of the value chain needs to play their part. However, if industry sources are to be believed, it’s the broadcasters and MSOs doing the heavy lifting currently with the LCOs not upping their game.

    “If there is a gap in communication and things happen, there will be some loss in transition there is no doubt about it. But that has to be compensated with direct communication with the consumer. Supposing Colors wala pack or mention of some of our channels is missed out, then we keep it top of mind for consumers that there is a Colors wala pack which is very affordable. So our hypothesis is that we will have consumers being able to ask that question. And then we will be educating and training with the other part of the value chain to be able to fulfil this. So the demand should come from the consumer,” states the Indian Institute of Management – Ahmedabad alum, who has spent much of his stellar career at the mecca of marketing, Hindustan Unilever.

    The broadcast cognoscenti is fussing over the financial remodelling of the value chain. The good old consumer will now not only flip channels but also make or break businesses. She’s suddenly become more popular, more powerful and immensely more significant. How will this impact the ARPU of the broadcaster in the medium to long-term?

    Vats, as you’d expect, views this differently. He prefers restricting his focus to the systemic changes the order has induced rather than be lured by what its by-products, such as improved subscriptions numbers, have to offer.

    “With the improvement in the objectivity and transparency in the entire value chain and with the equity I think it bodes well for everybody in the value chain. It bodes well for the broadcaster also,” he says.

    Dealing with a radical change of this nature has several handicaps, the biggest being the unavailability of previous data. Therefore, predicting consumer behaviour can be a nightmare. Some believe that the tariff order will result in a shrinkage of broadcaster bouquets.

    Interestingly, Viacom18 has two fresh offerings – Colors Gujarati Cinema and Colors Bangla Cinema (yet to be launched) – as the broadcast sector readies for a regime change. The show must go on, is something Vats believes in.

    “My point view is that while the changes will happen, business has to go on. If there are people who would like to watch Gujarati films, they would like to watch Gujarati films, irrespective of what tariff order is there or what plans are there. So, I think it’s up to us to continue monitoring them as we go forward,” he argues.

    Another point Vats stresses on is the fact that people aren’t going to stop watching television. It’s a simple but significant assertion. He intends to maintain the rhythm of his business despite the uncertainties the order’s implementation is likely to throw up.

    “So some of the plans that we have are being rolled out. Whether it is channel launches or programs. The other thing you could also say as there is going to be some uncertainty, should we do programmes? But my point of view is that people are not stopping watching TV. And in the spirit of continuing the rhythm of our business we’ve go to the right level of new things whether it is new programs, new channels and new initiatives,” he adds.

    According to the 2018 FICCI report, the advent of OTT players has whetted Indian viewers’ appetite for differentiated content. While Indian broadcasters produce over 100,000 hours of content annually, newer players are investing more money per episode (though for much smaller content pieces) and are snapping up high-profile talent. Broadcast sector luminaries suggest the overall content cost is likely to rise by two to three per cent of their top line.

    Throw the tariff order into the mix, and networks could be forced to shell out a lot more than anticipated to line up engaging content on their ‘weaker’ channels. The other alternative, of course, would be yanking off the laggards.

    “The investments are business decisions and any channel which exists has to have the requisite set of viewers. If you don’t have the right set of viewership in your segment, then there will always be pressure on that channel. That we need to maintain and that will be there without doubt,” concludes Vats.

    The impending makeover of India’s broadcast sector has fuelled several questions, concerns and conspiracy theories. None of the protagonists of this play are certain of what to expect and how long it will take for dust to settle down. What’s clear, however, is the fact that this race of broadcaster reaching the consumer in her new avatar, isn’t a sprint. It’s going to be marathon, and few people know more about running long distances than Sudhanshu Vats.