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Tag: Trai

  • MSOs upload channel capacity & RIO, AIDCF requests b’casters too

    MUMBAI: Multi-system-operators (MSOs) in India which fall under the aegis of All-India Digital Cable Federation (AIDCF) yesterday night uploaded their RIO, channel carrying capacity and interconnect agreements on their respective websites. AIDCF, a few days back, had advised its member-MSOs to upload the same before the deadline set by TRAI.

    It is not clear when or whether broadcasters will follow TRAI guidelines and upload RIO on their respective websites.

    In this digital era, MSOs are now ready to pass on the benefits of the new tariff order to 120 million viewers of TV channels.

    The new set of Tariff and Interconnect Regulations issued by TRAI will help in creating a level playing field for all the stakeholders, specially the end viewers who will now have complete freedom at their disposal. It will also help in bringing more transparency and fuel growth by regulating and balancing the entire broadcasting eco-system.

    AIDCF, once again requests all the Broadcasters to upload their RIO on their websites without any further ado, as the deadline for the same has already expired.

    AIDCF president TS Panesar said,“To honour TRAIs deadline and pass on
    the benefits of new regulations to end viewers, MSOs are fully ready as
    they have already uploaded their RIO, Channel Carrying Capacity and
    Interconnect Agreement on their websites. We hope that esteemed
    Broadcasters would join hands with us and upload their RIO rates ASAP
    in true spirit of collaboration and indulgence.”

  • What are the rules for testing telecom networks

    MUMBAI: The Telecom Regulatory Authority of India, on Monday, started a consultation process to frame rules for the network testing before full-fledged commercial launch after witnessing the controversy related to Reliance Jio’s free trial run.

    “The DoT requested the Authority (TRAI) to provide its recommendations on testing of network before commercial launch of services including enrolment of customers for testing purposes before commercial launch, duration of testing period etc…,” TRAI consultation paper stated.

    Incumbent telecom operators had voiced concern that enrolment of subscribers and provision of service free of cost before commercial launch are leading to a non-level playing field. They also said the volume of voice traffic generated by such test users, due to free offers, is choking points of interconnect, and impairing the quality of service of other operators. The last date for seeking comments on the issue is May 29 and for counter comments 12 June.

    Telecom service providers (TSPs) are bound by roll-out obligations and other licence conditions, TRAI stated. The TSPs are required to install applicable systems for providing mobile services to the subscribers. It is important that these systems are tested before commencement of commercial services because a licensee has to ensure that its service meets the Quality of Service (QoS) standards prescribed by the Licensor or TRAI. As per the general practice, the Telecom Service Providers use test SIM Cards to check the quality of network, before the commercial launch of services.

    The Department of Telecommunications (DoT), through its letter dated 9 September 2016, communicated that at present, network testing is being carried out by licensees on the basis of erstwhile practices followed by DoT/BSNL and test SIM Cards are issued by such licensees to check the quality of network, before the commercial launch of services. However, the present licenses for various services issued by DoT do not mandate any time period for network testing before commercial launch of services by the licensees. Therefore, DoT requested TRAIto provide its recommendations
    on testing of network before commercial launch of services including enrolment of customers for testing purposes before commercial launch, duration of testing period etc. under the terms of clause 11(l)(a) of TRAI Act 1997 as amended.

    In view of the above, Consultation Paper on ‘Network testing before commercial launch of services’ has been released to discuss issues involved, possible solutions and framework to bring clarity on the matter. Written comments on the issues raised in the Consultation, Paper are invited from the stakeholders by 29th May 2017 and counter-comments by 12 June 2017.

    Comments and counter-comments may be sent, preferably in electronic form at advmn@trai.gov.in. For any clarification / information Sanjeev Banzal, Advisor (Networks, Spectrum & Licensing), TRAI, may be contacted at Telephone Number +91-11-23210481.

    Also Read :

    TRAI now seeks telecom biz ease ideas by 25 April

    OpenSignal too finds Airtel better than Jio in 4G speed, latter tops in reach

    TRAI to begin groundwork on next spectrum auction, TSPs not too keen yet

  • TRAI: FM Radio ad revenue moved up in third quarter

    BENGALURU: After the slump in advertisement revenues by private FM radio stations in the quarters ended 30 June 2016 (Q1-17) and 31 March 2016 (Q4-17), the trend seems have been changed, albeit marginally for Q2-17 (quarter ended 30 September 2016)  and Q3-17 (quarter ended 31 December 2017) according to the data released by The Telecom Regulatory Authority of India (TRAI).

    According to TRAI data for Q3-17, radio combined ad revenues reported by 272 of the 273 private operating FM radio stations were Rs546.72 crore or an average of Rs2.01 lakh per station for Q3-17. This washigher than the average of Rs 1.94 crore per station (combined revenue Rs502.13 crore from 259 stations)for the immediate trailing quarter. Q3-17 ad revenue was however short by about Rs12 lakh per station as compared to the corresponding year ago quarter for which TRAI reported combined ad revenue of Rs533.7 crore from 240 radio stations (Average revenue per station of Rs2.22 crore per station). As a matter of fact, in Q2-16, the average revenue per station was highest at Rs 2.22 crore during the period commencing from end Q1-12 until the current quarter.

    Please refer to the Figure below for FM Radio Ad Revenue over a five year plus period spanning a 23 quarter period starting with the quarter ended 30 June 2011 (Q1-12) until the quarter ended 31 December 2016 (Q2-17) as per TRAI data. The amounts are in Rs crore and rounded off to the nearest decimal place in the case of combined ad revenue and two decimal places in the case of Average Revenue per station.

    public://4444444444.jpg

    In absolute terms, combined Radio ad revenue in Q3-17 increased 8.9 percent and 3.4 percent year-over-year (y-o-y, as compared to the corresponding quarter of the previous year) and quarter-over-quarter (q-o-q, immediate trailing quarter) respectively. Average revenue per station in the current quarter declined 9.6 percent y-o-y, but increased 3.7 percent q-o-q. The total number of stations in Q3-17 increased 13.3 percent y-o-y and 5 percent q-o-q.

    Please refer to Figure B for y-o-y and q-o-q changes

    public://5555555555.jpg

    Thirteen new private FM stations commenced operations to take the total number of stations at close of 31 December 2017 to 273 in the third quarter of 2017 according to TRAI. At the close of Q2-17 (previous quarter), there were 260 private FM stations operating in the country.

    Here’s two of the major radio networks’ performed in Q3-17

    One of the biggest players in the private FM radio business – Entertainment Network India Limited that runs the Radio Mirchi network among others, reported 4.9 percent y-o-y increase in consolidated Total Income from Operations or revenue (TIO) for Q3-17 of Rs 150.65 crore for the current quarter as compared to Rs 143.57 crore in the corresponding quarter of the previous fiscal. Q-o-q, revenue in Q3-17 also increased 16.2 percent from Rs 129.65 crore in Q2-17.The company’s consolidated profit after tax (PAT) in Q3-17 declined by 43.1 percent year-over-year (y-o-y) to Rs16.42 crore (10.9 percent margin) as compared to Rs28.86 crore (20.1 percent margin) and more than doubled (increased 2.18 times) q-o-q from Rs 8.05 crore (6.2 percent margin).

    Commenting on the results, ENILmanaging director and chief executive officer, Prashant Pandaysaid, “We are poised on the cusp of a strong growth curve with the LoveNetwork – 8 ‘Mirchi Love’ channels of our own and 3 ‘Ishq FM’ channels of TV Today –now fully operational. This network, along with the original ‘Mirchi’ network, now comprising 42 channels, offer advertisers the widest coverage across the country. With thegovernment soon to announce the results of the second batch of auctions held recently, we willgrow even bigger. These are exciting times!”

    Another player, DB Corp’s MY FM radio network which encompassed 26 live stations with the launch of nine new stations during Q2-17 and Q3-17 reported revenue increase in Q3-17 of 12.4 percent to Rs 36.32 crore as compared to Rs 32.32 crore in the corresponding year ago quarter.  DB Corp’s earnings press release said that its radio business operating profit (EBIDTA) grew 3 percent y-o-y to Rs 14.8 crore (41 percent margin), while profit after tax (PAT) also increased 3 percent y-o-y to Rs 8.1 crore (22 percent margin).

    Unlike most of the other players in the media and entertainment, the major players of the radio industry were not as affected by the government’s demonetisation drive that commenced on November 8, 2016. With more stations to roll, the industry’s ad revenues can only grow.

     

  • After Star, Tata Sky all set to challenge TRAI tariff: Harit Nagpal

    MUMBAI / NEW DELHI: Finally, after a wait of around seven months after it was first notified and then re-notified on 3 March, the tariff order for digital addressable system has come into effect today – but implementation may take some time after overcoming some stumbling blocks.

    Even as the petition filed by Star India and Vijay TV on the ground that the Telecom Regulatory Authority of India cannot regulate content which falls under the Copyright Act 1957 is pending hearing in Madras High Court, direct-to-home platforms are expected to pose a major challenge to its implementation.

    Primarily, the problem occurs because all stakeholders will have to abide by the rates fixed by the broadcaster according to the new tariff order.

    The DTH players are agitated not only with the fact that they pay over 85% of the service tax and entertainment tax in the digitised universe, but the fact that their liberty to make their own bouquets may be taken away with the broadcasters having the say in fixing rates for individual channels.

    Tata Sky CEO Harit Nagpal has confirmed to indiantelevision.com that it is moving the Delhi High Court against TRAI on the tariff order. As it is one of the largest among the six private DTH operators, the approximately Rs 50-billion Tata Sky may be joined by other players.

    Tata Sky had designed packages as per genre so as to make it smoother for the customer but may now have to change these bouquets/bundles as the new order directs the DTH operators to offer channels on an à la carte basis and then link them to the bouquet price.

    There are several conditions in the new order as to how the channels could be priced in a bunch, and individually, Nagpal said. If one aspires that consumers are going to use an app and order a channel that may not take place in the Rs 58000-crore television industry.

    Consumers in India would expect the salesperson to answer their specific queries before they subscribe. Nagpal said it costs Tata Sky around Rs 200 to successfully close one subscription as a call centre call costs Rs 7 a minute. Tata Sky’s margin is Rs 60,which is 20 per cent of Rs 300 — the average revenue from each subscriber. Tata Sky apprehends going out of business taking into consideration the cost of handling calls, and the lowly profits.

    The platform which claims around 12.08 million active subscribers has explained all points in detail to TRAI, but to no avail. The new order has been notified, and it’s too complicated to enlist channel pricing on the website as expected, Nagpal said.

    Nagpal said, ideally, the purpose of the government should be to achieve absolute digitisation and transparency by streamlining the ties between the MSOs and LCOs.

    The cable operators have in so many years failed to offer tiered packages, even at the genre level. With the aim of making the category fully transparent, it needs to switch to prepaid so as to make sure the MSO acts similar to DTH operators that collect money in advance.

    At the lowly margin of 20%, the Tata Sky executive said it was not encouraged to innovate in terms of providing Interactive services, HD, DVR and on-demand services, etc. He said the tariff order was not implementable, and this would be proved before the Delhi High Court in the case being filed this week.

    The new carriage fee structure that has been proposed made channels serving smaller group or communities non-profitable. The Tata Sky CEO said he failed to comprehend why a channel would pay a fee to be carried on a platform.

    Owing to its transparency and qualified processes, the company that is best equipped to implement the new TRAI order was Tata Sky, Nagpal believed, but added: “If Tata Sky is unable to implement it, none can.”

    India is one of the cheapest market for cable television entertainment even when one compares it with similar per capita Asian nations such as the Philippines and Indonesia US$25 per month, whereas consumers in India pay around US$5-6.

    TRAI had first come out with a draft tariff order in October 2016 but was embroiled in the case in Madras High Court which had initially directed status quo. Later, TRAI had issued the orders on 3 March after getting the green signal from the apex court even as the broadcasters’ case was pending in the High Court.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    Also Read ;

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    No advancing of Star India hearing in TRAI tariff case: SC

    Upload channel capacity & RIO immediately, AIDCF urges MSOs

    Active DTH subscriber growth subdued in Oct-Dec’16 quarter
     
     

  • Upload channel capacity & RIO immediately, AIDCF urges MSOs

    NEW DELHI: With the Madras High Court declining to stay the tariff order for television, the All-India Digital Cable Federation (AIDCF) which represents multi-system operators has said that this “will help in creating a level playing field for all the stakeholders, especially the end consumers who will now have complete freedom at their disposal”.

    In a press release on the three regulations issued on 3 March 2017 which will come into effect on 2 May 2017, AIDCF sad: “It will also help in bringing more transparency and fuel growth by regulating the entire broadcasting eco-system.”

    Star India and Vijay TV had challenged the orders of the Telecom Regulatory Authority of India on the ground that it had no jurisdiction over content which actually came under Copyright Act, which is not administered by TRAI. Resultantly, the Department of Industrial Promotion and Policy which administers intellectual property rights had been made the first respondent. AIDCF had intervened in the case to oppose any stay order.

    The Federation, which had advised its member-MSOs to upload their RIO, channel carrying capacity and interconnect agreement on their websites as soon as possible. AIDCF also urges all the broadcasters to upload their RIO by 2 May 2017 on their websites.

    AIDCF president T S Panesar expressed the hope that “the new tariff order and the interconnect regulations will put things in the right perspective. This new tariff order will give the end consumer, the power to choose what they want to watch and ensure content is made available to all distribution platforms without any discrimination, thus balancing the entire eco-system.”

    Chief justice Indira Banerjee and Justice M Sundar directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court said that Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    The Court said in its order of 27 April that “the situation prevailing on 3 March 2017 when the order was issued and that prevailing today ‘has not changed so drastically’ as to warrant an interim stay. The Court said that it had also kept in view the larger public plea made by the Government counsel.

    Earlier, on 28 March, both the broadcasters had not pressed their plea for stay of the order after TRAI told the court that implementation of these orders had been postponed from 2 April to 2 May. TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court.

    Hearing on the petition has had a chequered history with three judges recusing themselves. Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petitions became necessary as the matter is being heard afresh by the bench headed by the Chief Justice .

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also Read:

    HC orders on Star plea for stay on TRAI tariff today

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

  • Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    NEW DELHI: The Madras High Court has declined a petition to stay the tariff orders for cable TV by the Telecom Regulatory Authority of India slated to come into effect from 2 May 2017.

    Chief Justice Indira Banerjee and Justice M Sundar directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court said that Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content,, and that actually came under Copyright Act, which is not administered by TRAI.

    The Court said the petitioners had not made out a strong and prima facie case for an interim stay. It also said that it had noted that the situation prevailing on 3 March 2017 when the order was issued and that prevailing today ‘has not changed so drastically’ so as to warrant an interim stay. The Court said that it had also kept in view the larger public plea made by the Government counsel.

    This implies that TRAI is now free to implement its tariff order, reference interconnect offer (RIO) and Quality of service order (QoS) from 2 May.

    The Court took note of the point made by TRAI counsel P Wilson that every broadcaster would publish its Reference Interconnect Offer on 2 May 2017. Any distributor interested in entering into an agreement would hold discussions with the broadcasters and agreements would be signed by 1 June 2017.

    However, the commercial operation/transactions under the agreement can start only from 1 September 2017.

    Although the Indian Broadcasting Federation had been impleaded and supported the plea for interim stay, the court said it had come to understand that many of the members of the IBF “are now in favour of the impugned interconnect regulations and the tariff order.”

    The Court had also allowed the All-India Digital Cable Federation which has around 10 MSOs operating pan-India under its wing to intervene and had opposed the plea for interim stay.

    Earlier, on 28 March, both the broadcasters had not pressed their plea for stay of the order after TRAI told the court that implementation of these orders had been postponed from 2 April to 2 May. TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court.

    Hearing on the petition has had a chequered history with three judges recusing themselves. Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petitions became necessary as the matter is being heard afresh by the bench headed by the chief justice

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also read: Star – TRAI copyright case: In dramatic turn, Madras HC judges withdraw

    TRAI notifies tariff order implementation from 2 May, RIO in 60 days

  • Madras HC: Arguments to continue in Star-TRAI tariff case on Thursday

    NEW DELHI: Arguments will to continue tomorrow on the application by Star India and Vijay TV seeking a stay of the tariff orders issued by the regulator last month and slated to become effective 2 May 2017. It is expected that the arguments will conclude on Thursday and the order announced thereafter on the stay application.

    The broadcasters, who have challenged the jurisdiction of the Telecom Regulatory Authority of India in issuing relating to TV content in Madras High Court, had on 28 March decided not to press for stay after the Court was informed by the regulator that it had decided to defer implementation of its tariff orders to 2 May instead of 2 April.

    TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court, which had then directed the High Court to conclude the matter within sixty days.
     
    The case by the two broadcasters challenging the jurisdiction of the Telecom Regulatory Authority of India on the plea that content fell under Copyright Act and did not come in the regulator’s purview had come up for hearing earlier this week in a bench headed by Madras High Court Chief Justice Indira Banerjee.

    Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.
    However, the matter was listed for tomorrow after a brief hearing when the Star India counsel commenced speaking as the court had other matters to conclude.

    After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

    Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petition became necessary as the matter is being heard afresh by the Chief Justice and Justice M Sundar. 

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. 

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

  • TRAI’s Plan-corpus fund growth lower due to lesser govt grant in FY-16

    BENGALURU: The Telecom Regulatory Authority of India reported its financial results for the year ended 31 March 2016 (FY-16). The regulator received 50.83 percent lower Plan grant from the Central Government at Rs 14.75 crore in FY-16 as compared to Rs 30 crore in the previous year. After taking into account higher Plan Total Expenditure of Rs 12.24 crore in the current year as compared to Rs 10.07 crore in FY-15, 87 percent lower surplus amount of Rs 2.52 crore in FY-16 as compared to Rs 19.34 crore in FY-15 was carried forward to its Plan-Corpus Fund. The regulator’s Plan-Corpus Fund has capital of Rs 68.66 crore at the close of FY-16.

    Non-Plan Central Government grant however in the current year was 34.7 percent higher in FY-16 at Rs 55.89 crore as compared to Rs 41.50 crore in the previous crore. After 13.75 percent higher non-plan total expenditure of Rs 54.58 crore in FY-16 as compared to Rs 47.98 crore in FY-15, 70.2 percent higher surplus amount of Rs 16.19 crore in FY-16 as compared to Rs 9.52 crore in FY-15 was carried over to the non-plan Corpus Fund. TRAI’s non-plan Corpus Fund capital stood at Rs 38.79 crore at the end or FY-16.

    TRAI’s Establishment Expense, which consists mainly of employee and employee benefits expenses, in FY-16 was 15.3 percent higher at Rs 26.03 crore as compared to Rs 22.57 crore in FY-15. Other non-plan administrative expense in FY-16 increased 13 percent to Rs 27.91 crore as compared to Rs 24.70 crore in FY-15. A major component head of TRAI’s other non-plan expense is Rents, Rates and Taxes which increased 17.1 percent in FY-16 to Rs 21.05 crore as compared to Rs 17.98 crore in FY-15.

    TRAI’s Total Non-Plan Income in FY-16 grew 23.1 percent to Rs 70.77 crore as compared to Rs 47.98 crore in FY-15. Besides the Central Government Grant, other major income heads included Customer Education Fees from Telemarketers, Penalty from Telemarketers and Financial Disincentive.

    Also Read :

    TRAI to begin groundwork on next spectrum auction, TSPs not too keen yet

    TRAI extends tariff regulations execution date, Madras High court arguments to continue

     

     

  • Hearing of Star – TRAI case begins before MHC chief justice

    NEW DELHI: The case by Star India and Vijay TV challenging the jurisdiction of the Telecom Regulatory Authority of India on the plea that content did not come in the regulator’s ambit commenced today in a bench headed by Madras High Court Chief Justice Indira Banerjee.

    Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.

    However, the matter was listed for tomorrow after a brief hearing when the Star India counsel commenced speaking as the court had other matters to conclude.

    After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

    Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

    The fresh petition became necessary as the matter is being heard afresh by the Chief Justice. Star India SVP – Legal and Regulatory – Pulak Bagchi confirmed that while the primary case remained on the grounds of the Copyright Act remained the same, a new petition had been filed because it was coming up before the Chief Justice.  

    Last month, Star India and Vijay TV decided not to press for their pleas for extension of the tariff order following TRAI’s announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. The court had fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters over two days commencing last Friday.

    Earlier, on 3 March, the regulator had issued three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex court also asked the high court to conclude hearing in 60 days.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also Read:

    Chief Justice of MHC to hear Star India case against TRAI under Copyright Act

    Coordinate with registry for mentioning TV tariff matter, says Madras HC CJ

  • Including Arasu, total number of MSOs goes up to 1376, to ensure DAS implementation

    NEW DELHI: Following the decision of the government to deem all provisional multi-system operators as having regular licence and giving a provisional licence to the Tamil Nadu Arasu TV Corporation, the total number of MSOs has gone up to 1376.

    Thus, TACTV is the only MSO on the provisional list and all the others are deemed to have a permanent licence for ten years.

    Thus there has been increase of 194 MSOs in the country since the end of February as the Information and Broadcasting Ministry had given registration to 1182 MSOs by the end of February 2017 which included 230 which had valid ten-year licences.

    But faced with just less than one month to go before total switch-off of analogue signals, the Government had on 6 March 2017 decided to treat all MSOs as permanent but with condition that the period of ten years commences from the date they got registered as provisional MSOs.

    However, if the continuation of registration of any MSO is at any time found to be or considered detrimental to the security of the State then the registration so granted is liable to be cancelled/suspended, the order placed on the Ministry website mib.nic.in specified.
    All other terms and conditions depicted in the provisional registration letter(s) wlll continue to apply.

    Earlier on 27 January.2017, it had been decided that all registered MSOs are free to operate in any part of the country, irrespective of registration for specified DAS notified areas granted by this Ministry.

    However, they have to submit the details of Headend, SMS, subscribers list and a self-certificate that they are carrying all the mandatory TV Channels, within six months from date of issuance of MSO registration, to the Ministry, failing which the MSO registration is liable to cancelled/suspended.

    Hence, all deemed regular registered MSOs also are required to submit the details to the Ministry within six months.

    The Tamil Nadu-Government-run TACTV was granted provisional licence on 18 April 2017 to operate as a MSO in the state on condition that it switches off analogue signals in the entire state within three months.

    The Ministry had told indiantelevision.com that it had been made clear that the provisional licence was subject to the Centre taking a final decision on the recommendation of the Telecom Regulatory Authority of India that no government owned body should be permitted in the field of running or distributing television channels.  TRAI had in 2008, 2012 and 2014 held that state governments and political parties should not be permitted to own TV channels or distribution channels.

    In Tamil Nadu where there is a court stay in operation since Phase I, TACTV had warned MSOs and LCOs against switching off analogue signals anywhere in the state after 31 March 2017.

    The sources said that Arasu had been granted provisional licence in 2006 at the time of the Conditional Access System on certain conditions based on the TRAI report but this had not been renewed when Digital Addressable System came into force.

    Also Read:

    Faced with deadline, MIB says all provisional MSOs will be deemed regular

    Arasu gets provisional MSO licence subject to analogue switch-off in three months