Tag: Trai

  • TRAI urges govt. to use digital TV networks for b’band growth

    NEW DELHI: The digitised TV framework, which has come up in the country in a big way, should be upgraded to provide broadband to 100 million homes, the Telecom Regulatory Authority of India has recommended.

    TRAI chairman R S Sharma said that it had also recommended tweaking the licensing framework to enable Wi-Fi hotspots as almost 800,000 such Wi-Fi hotspots were needed to connect India digitally.

    Speaking on ‘India’s Regulatory Priorities for 2017’ on the second day of India Internet Conference (IIC) 2017 here yesterday, he said TRAI had recommended that broadband can become a core utility to citizens if BharatNet is implemented in the PPP mode to connect 250,000 gram panchayats across the country.

    The theme of the conference was ‘Digital India 4 Sustainable Development’ organised by FICCI in association with the Electronics & IT Ministry (MeitY).

    Speaking about the overarching principles, Sharma said TRAI was regulating the sector to ensure consumer protection, quality of service, transparency, growth of the sector and a level playing field for stakeholders. He added that TRAI was regulating the sector to ensure its healthy growth. He also mentioned that TRAI was working towards enhancing ease of doing business and was seeking recommendations from the stakeholders to identify the tricky areas.

    Sharma said there were regulations that have lost their relevance over time and therefore TRAI had formed a committee comprising stakeholders to remove obsolete regulations. He added that TRAI was working towards identifying the important issues while dealing with urgent matters to bring out appropriate consultation papers.

    Broadband proliferation in the country was a priority, he said adding that the focus was on creating infrastructure, governance and services on demand and digital empowerment of citizens digitally connect the country.

    Also Read

    TRAI chief pushes for b’band over cable TV, BharatNet for upping penetration

    TRAI wants reduction of import duty on Wi-fi equipment to help growth

  • TRAI advises Jio to withdraw free offer, no loss to ‘old’ consumers

    MUMBAI: On 31 March, Jio had announced its JIO Summer Surprise offer. Under the offer all JIO Prime members making their first recharge payment of Rs 303 (or higher) plans got three months complimentary services in addition to the benefits of their purchased plan.

    Today, the Telecom Regulatory Authority of India (TRAI) has advised Jio to withdraw the three months complimentary benefits of Jio Summer Surprise. Jio has accepted this decision. It is in the process of fully complying with the regulator’s advice, and will be withdrawing the complimentary benefits of the offer as soon as operationally feasible, over the next few days.

    However, all customers who have subscribed to Jio Summer Surprise offer prior to its discontinuation will remain eligible for the offer.

    Reliance Jio, a subsidiary of Reliance Industries Limited (“RIL”), has built a world-class all-IP data strong future proof network with latest 4G LTE technology. It is the only network conceived and born as a Mobile Video Network from the ground up and supporting Voice over LTE technology. Jio will bring transformational changes in the Indian digital services space to enable the vision of Digital India for 1.2 billion Indians and propel India into global leadership in digital economy.

  • Block illegal DTH FTA, space dept told

    NEW DELHI: The Department of Space has been asked to block the signals of Asia Broadcast Satellite Free-to-air channels which is beaming in India without the permission of the Ministry.

    Minister of State Rajyavardhan Rathore said this had been done keeping in view the national security angle. He said the I and B Ministry is the licensing authority for DTH broadcasting services in India and it has received no application or reference from ABS for DTH operations.

    Meanwhille, he told Parliament today that there was no violation of Downlinking guidelines by permitted Broadcasters on account of providing signals to unauthorised DTH operators. In order to deter the permitted Broadcasters (channels) from violating the downlinking guidelines, he said the Ministry had issued a Web Notice on 23 December 2015: 

    http://mib.nic.in/WriteReadData/documents/Notice_to_all_Broadcaster_Private_TV_(Channels)_registered_with_MIB_.pdf

    After the Ministry had learnt from Telecom Regulatory Authority of India (TRAI) that ABS had started providing permitted free to air (FTA) channels, the Home Ministry was consulted from the security angle and its implication from national security perspective.

    The Home Ministry said the transmission of DTH service by ABS is without any application to the I and B Ministry and not in line with the guidelines of that Ministry.

    Clause 5.6 of the Article 5 of Downlinking guidelines issued by Ministry of I&B stipulates that all the Broadcasters (Channels) shall provide Satellite TV channel signal reception decoders only to MSOs/Cable Operators registered under the Cable Television Networks (Regulation) Act, 1995 or to a DTH operator registered under the DTH guidelines issued by the Government of India or to an Internet Protocol Television Service Provider duly permitted under their existing Telecom License or authorized by Department of Telecommunications or to a HITS operator duly permitted under the policy guidelines for HITS operators issued by the Ministry 

  • Airtel does not agree with ASCI’s ‘conclusion’ on misleading ad

    MUMBAI: The Advertising Standards Council of India (ASCI) has given a statement in favour of Reliance Jio and has asked Airtel to stop the ads that were misleading for several reasons. Bharti Airtel however does not agree with ASCI’s decision and will file an appeal as per guidelines. It said its campaign is based on the findings by Ookla – the globally recognised leader in mobile speed tests and also a benchmark for reputed global operators.

    Reliance Jio has been in a tug-of-war with incumbent telecom operators with its launch of Jio 4G services in India. Regardless of the quality of the service or the speeds, which has always been a debatable topic, Jio is on the forefront, and other operators are trying to catch up with it. Jio sent a legal notice to Ookla for what it calls wrongly calling Airtel as the leader of speed.

    Jio’s complaint to ASCI was considered by the Fast Track Complaints Committee (FTCC) on 29 March 2017. The FTCC referred to the terms and conditions (https://www.airtel.in/fastestnetwork/download/terms-and-conditions-fastest-network-ookla.pdf) and noted that some clauses were considered to be in contravention of the ASCI Guidelines.

    Airtel TVC does not state in the claim itself that the speed results pertain to only a specific period. (i.e. The period taken to conduct speed test is from Q3-Q4 2016”). The FTCC noted that the claim by the advertiser is not specific to 4G technology whereas the TVC has 4G visuals. The FTCC considered this representation to be misleading by ambiguity and implication. While the advertiser submitted an Ookla certificate, they did not provide an explicit test methodology to substantiate that the method is robust to capture that the sample; and is representative and comparable across operators, geographies and consumers.

    The FTCC referred to the TRAI web site with respect to the coverage of Jio vis-a-vis Airtel and noticed that there is a significant gap between geographical dispersion of Airtel and Jio 4G subscribers which could impact the comparison. Based on this data, the FTCC concluded that the claim was not adequately substantiated and the basis of comparison has been so chosen as to bestow artificial advantage to the advertiser.

    FTCC has legally ordered Airtel to either appropriately modify or withdraw the advertisement completely by 11 April 2017.

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

    NEW DELHI: In keeping with the letter submitted to the Madras High Court earlier this week, the Telecom Regulatory Authority of India today issued an amendment to its tariff order extending the date for bringing it into force to 2 May 2017.

    Following the extension letter, both Star India and Vijay TV had not pressed their plea for extension.

    The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order 2017 had been issued on 3 March 2017 to provide the tariff framework applicable to broadcasting services relating to television provided to subscribers, through addressable systems, throughout the territory of India.

    Clause 3 of the principal Tariff Order was required to be implemented after thirty days from the date of its publication in the Official Gazette.

    TRAI also said that with the notification today, the Regulation 7(1) of the Telecommunication (Broadcasting and Cable) Services (Addressable Systems) Interconnection Regulations, 2017 relating to publishing RIO within 60 days from the date of publication of regulations comes into effect foday.

    TRAI received representations from some stakeholders wherein it is mentioned that section (b) of sub-clause (3) of clause 1 of the principal Tariff Order stipulates that clause 3, which mandates that broadcasters have to declare the nature and MRP of pay channels will come into effect after 30 days from the date of publication of this Order in the Official Gazette.

    Stakeholders also mentioned that it is not clear where will broadcasters declare the nature and rates of channels as RIOs are required to be published within 60 days. They requested the Authority to remove the ambiguity with regards to schedule for declaration of nature and MRP of pay channels; and publishing of RIO.

    TRAI said in order to harmonize the provisions relating to implementation of the clause 3 of the principal Tariff Order and regulation 7(1) of the Telecommunication (Broadcasting and Cable) Services (Addressable Systems) Interconnection Regulations, 2017, the dates of the principal tariff order have been re-determined.

    In addition, Clause 10 has been amended as it mistakenly referred to the tariff order of 2010.

    The regulations issued on 3 March2017 are:

    The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_2017.pdf

    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_mar_2917.pdf

    Also Read: TRAI justifies tariff, QoS, interconnect orders, declines comment on jurisdiction

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

  • TRAI advises govt to aid TV infra sharing, ease ‘permissions’

    NEW DELHI: The Central Government should encourage sharing of infrastructure, wherever technically feasible, in TV broadcasting distribution network services, on voluntary basis including sharing of head-end used for cable TV services and transport streams transmitting signals of TV channels, among MSOs.

    In its recommendation to infrastructure sharing in the broadcasting sector, the Telecom Regulatory Authority of India said the MSO registration condition regarding ‘having an independent digital head-end of his own and provide digital addressable cable services from his head-end’ should be suitably amended so as to enable sharing of head-end.

    The Headend-in-the-sky (HITS) or the MSOs should be allowed to share the HITS platforms on voluntary basis, in flexible ways, for distribution of TV channels. The sharing of transport streams transmitted by HITS platform, between HITS operators and MSOs should be permitted.

    Direct-to-Home operators willing to share DTH platform and transport stream of TV channels, on voluntary basis should be allowed to do so with prior written intimation to the Information and Broadcasting Ministry and TRAI to ensure efficient use of scarce satellite resources.

    The distributors of TV channels should be permitted to share the common hardware for their Subscriber Management Systems applications and Conditional Access Systems applications.

    While sharing the infrastructure with another distributor of TV channels, the
    responsibility of compliance to the relevant Acts/ rules/ regulations/ lic·ense/ orders/ directions/ guidelines would continue to be of each distributor of TV channels independently.

    The recommendations are the result of a reference from the Ministry of 29 April 2016. The Ministry had also sought recommendation of the Authority on the amendment that may be required in the Cable TV Networks (Regulation) Act 1995 and Rules made thereunder to facilitate the infrastructure sharing.

    The Authority examined the issues in sharing of infrastructure in TV broadcasting distribution sector comprehensively for all types of predominant TV broadcasting distribution networks. TRAI undertook a comprehensive consultation with the stakeholders by issuing pre-consultation paper, consultation paper, and conducting an open house discussion with them before finalizing its recommendations on “Sharing of Infrastructure in Television Broadcasting Distribution Sector”.

    At the outset, TRAI said TV broadcasting sector has witnessed tremendous growth in the last decade. There has been an exponential increase in the number of satellite TV channels.

    The objectives of the recommendations are to ease policy environment for facilitating sharing of infrastructure in TV broadcasting distribution sector on voluntary basis. The sharing of the infrastructure in TV broadcasting distribution sector would not only help in enhancing available distribution network capacities but also would result in reduced Capital Expenditure (CAPEX) and Operative Expenditure (OPEX) for the service providers thereby bringing down the price of broadcasting services to subscribers.

    In addition, it would lower the entry barrier for new service providers and provide space on broadcasting distribution networks for niche channels- necessary for satisfying the diverse needs of general public – to reach targeted customers. Lowering of entry barriers in the distribution space could propel competition in the market and more choices to consumers due to presence of multiple operators in single territory.

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

    NEW DELHI: Following the Telecom Regulatory Authority of India’s request that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017, Star India and Vijay TV decided not to press for their pleas  in view of the ongoing case in Madras hIgh Court.

    The  regulator In a letter submitted to the court its counsel Richard Wilson and signed by by TRAI Secretary Sudhir Gupta, stated that this was being done in view of certain ambiguities raised by some stakehlolders.

    The Court was told that a formal notice about this would be released in due course.
    The broadcasters had filed the application on the plea of the deadline set by TRAI.

     Meanwhile, the Court 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.

    After TRAI counsel concludes his arguments next week, the Court will hear counsel of All India Digital Cable Federation which been impleaded in the matter.

    Earlier on 3 March, the regulator had issued the 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 sixty days.
    The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directives that will affect the content since that did not fall in its purview.

    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_2017.pdf
    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_mar_2917.pdf

    Follwing 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:

    Star-Vijay Copyright case hearing next week, TRAI to file counter

  • TRAI rejects complaint against free promos, says consumer comes first

    NEW DELHI: The Telecom Commission’s contention that free promotional offers are responsible for the industry’s falling financial health and lower licence fee payments to the government has been rejected by the regulator Telecom Regulatory Authority of India.

    TRAI’s response is expected to be sent to the Commission next week.

    The response to the Commission’s letter dated 23 February 2017 on the lines that tariff and tariff orders, solely under the regulator’s purview, need to be seen in the broader context of consumer interest.

    TRAI feels it is responsible for tariffs and anyone having an objection is free to approach the telecom tribunal TDSAT, TRAI sources said.

    In any event, TRAI feels that the government’s objective cannot be revenue maximisation. Higher tariffs can lead to greater accruals for the government from licence fee, but there is social obligation. So, revenue reduction should not been seen with a myopic view, but in the context of larger policy objectives and long—term interest of consumers, the sources said.

    Stressing that competition in the telecom sector had resulted in better tariffs and services for consumers, the source said, “competition may be disruptive, but it also leads to cheaper tariffs for consumers“.

    Defending its stance on allowing Reliance Jio to extend the promotional offers, the source said, “TRAI had sought the Attorney General’s opinion on the matter, and the latter has also opined that TRAI was correct in not blocking the offers“.

    Last month, the inter—ministerial body Telecom Commission in a letter to TRAI had warned of a loan default by operators and asked the regulator to revisit its tariff orders and free promotional offers of firms like Reliance Jio.

    The then Telecom Secretary J S Deepak, who headed the Telecom Commission, had written to Telecom Regulatory Authority of India Chairman R S Sharma about the “serious impact” of promotional offers on the financial health of the sector and the capability of the companies to meet their contractual commitments, including payment of instalments for spectrum purchased, and repayment of loans.

    Reliance Jio rolled out free voice and data under two promotional offers — Jio Welcome Offer and the Happy New Year offer.

    The Telecom Commission’s letter had noted that licence fee collections for the current fiscal have been showing “alarming” downward trend on a quarter—to—quarter basis.

    “These collections have fallen from Rs 39.75 billion in Q1 to Rs 35.84 billion in Q2 to Rs Rs 31.86 billion in Q3. It is expected that this revenue will further decline in Q4 by about 8 to10 per cent. The annual spectrum usage charge revenues are also likely to face a similar decline,” the TC letter had said.

  • FICCI Frames 2017: Stakeholders feel regulations cripple monetization

    MUMBAI: In keeping with the tone set in the morning about the changing scenario as far the political climate and censorship were concerned, every participant was keen to hear what the Government had to say about this on day one of the FICCI FRAMES meet here.

    Clearly not wanting to disappoint the M and E sector, Information and Broadcasting Ministry Secretary Ajay Mittal said the Ministry was conscious of these issues and was working on them.

    He expressed optimism that the entertainment industry will soon get an effective solution to their complaints, though he said he was not liberty at present to give more details about this. But the Government appreciated that “Creativity is a great thing, is the soul of society and it should not be affected”.

    Earlier in the same session, film producer Siddharth Roy Kapoor said, “I would strongly urge the government when it comes to the sub-titling and the litigation of the businesses, these issues must be left to the industry. The maximum support from the government should come from the tax regime, infrastructure sector and censorship.”

    Even as everyone appreciates the growth of the sector over the year, the ‘Do the Lions still roar: a reality check for the M&E industry’ was largely devoted to exploring whether the players in the content ecosystem have done their part to address the industry’s shortcomings or has the plot got lost in translation.

    The M&E industry has been a steady contributor to national revenues, employment growth and socio-economic development; it has shown a trajectory of growth over the past 15 years, been at the real cusp of ‘Make in India’ while promoting Indian culture and its soft power globally. And yet, it was largely dismissed as a glamour hub rather than a serious economic nerve centre.

    Of late, the industry has seen a battle of wits between stakeholders and the Government, thus preventing the sector from realizing its full potential. But the question sought to be explored in the session was whether the industry had done enough to highlight its own story.

    Moderated by The Times of India consulting editor and South Asian History and Culture senior fellow, IDF and editor Nalin Mehta, the session was attended by Union Department of Commerce joint secretary Sudhanshu Pandey, the Film and Television Producers Guild of India president Siddharth Roy Kapur, BAG Films & Media chairman and managing director Anurradha Prasad, Harvard Business School Professor of Business Administration Bharat Anand, Viacom 18 Colors CEO Raj Nayak, TataSky MD and CEO Harit Nagpal, and UFO Moviez India Ltd joint managing director Kapil Agarwal among the panelists.

    Asked about the impact of digitization of content and on the business, Nayak said, “People say that the data is the new oil but my philosophy is that the content is the new water. Digitization is no longer a new word. It is just that the number of pipes delivering the content has multiplied in different platforms. If I look at digitization, what is happening is that people have the choice of watching content wherever they want to. But the television audience today is 180 million households and still expected to grow by 80 billion households.”

    He added, “When we look at the monetization, 85 per cent is between Google and Facebook.Of the balance 15 per cent, the growth may be 30 to 35 per cent but it is so fragmented that everybody is losing money. Even when Netflix came, it came via television. If some breaking news is happening people will watch it, if there is some live speech going on or may be for sports, people will watch it on their television sets. As we evolved, we wanted bigger screens to watch television sets that show reality. For content creators, it is a great thing and it is not a golden but a diamond era for them. But the problem is when it comes to monetization because there is so much fragmentation I really doubt how most of these platforms will survive unless of course you are able to get subscription. If you are not able to make the right subscription revenue model, a lot of digital platforms will find it difficult to survive.”

    Asked whether the DTH players were making money from the content, Nagpal said, “People consume content in different ways. Some will spend Rs 20 on the content and some might take different channels in a bundling. So there are different segments. But the purpose of television digitization is to create the infrastructure which is digital and the customer can make his choice. We created a box between the customer and the television, but is that addressable? Officially, DAS Phase 1 and 2 are digitized. We were also supposed to bring transparency. The Government is one stakeholder, the broadcaster is the other stakeholder and the platform that distributes is the third one and the money is divided between the three of us.”

    Nagpal said, “DTH took 33 per cent of phase1 and phase 2 market and two-thirds is sitting with cable. On the service and entertainment tax, this 33 per cent component of digitization would be paying 80 to 90 per cent entertainment tax and 66 per cent of the digital cable sector is paying 10 to 20 per cent of the taxes. Is that addressability? So let not the government waste its time in deciding how I should be pricing myself. They should be making sure whether the digital transparent addressable platform that has been created rightfully.”

    Prasad asked, “Do we still roar? Sorry to say we don’t roar, we don’t have a voice. We have so many issues and for every issue we are going to the court. The stakeholders and the policy makers have divested their power and authority in the organization called TRAI and they vote themselves as they do not know how to move forward. Content needs to be curated, you have to be innovative and for that you need to spend money. You don’t have money flowing back to the system. So the money is getting divested. We don’t get the money back.”

    Sudhanshu Pandey said the service sector in India largely remained unorganized and had to find its own way to develop and grow. Fair market practices have to come in, and the finances should be there for that industry to grow. Some sectors regulators have come but there are many sectors without regulators.

    Agarwal asked: “How do you monetize the film content? The first window of monetization of the film content is theatre, then it goes to the satellite channel and then to other platforms. As a country we need more than 20,000 screens. The capital is there, the facilitation is there but it is restricted by regulations because at least 40 approvals are required. Today the screens are growing only by 2 per cent per annum. When we move from regulation to facilitation, the growth will start and the growth will just not come from the multiplexes but has to happen all over the country. The multiplex sector is very expensive.”

  • TRAI issues new consultation paper on VNO

    NEW DELHI: The Telecom Regulatory Authority of India, which had in May 2015 recommended that Virtual Network Operators (VNO) in the telecom sector should be permitted for all segments of voice, data and video as well as for all services notified in the unified license (UL) for a period of ten years, is now working on providing recommendations for Access Service authorization for category B license with districts of a State as a service area.

    The Department of Telecom had issued guidelines on 5 July 2016 for authorization for Access service in a Secondary Switching Areas (SSAs) as service area is in addition to the TRAI recommendations of May 2015. These guidelines are meant to introduce UL (VNO) Cat-B with Access Service authorization in a District of a State/UT. DoT further clarified vide their letter dated 12 September 2016 that there shall be no category of Direct Inward Dialing (DID) franchisee License in future.  At present, there are 259 franchisees operating in the country.

    TRAI says that it appears that the objective of the guidelines/licenses issued by DoT is to streamline DID franchisee regime and provide them a better and broader business umbrella through proper licensing. It is evident that the guidelines/license conditions were not a part of TRAI’s recommendations on the subject and DoT has first issued these guidelines/ licenses and then sent the reference for the recommendations of the Authority on the matter

    Resultantly, the regulator has issued a new consultation paper with ten questions for stakeholders. Stakeholders are to respond on 17 April with counter comments if any on 24 April 2017.

    The regulator had in its recommendations said VNO should be introduced through proper “licensing framework” in the Indian telecom sector. For introduction of VNO in the sector, there should be a separate category of license namely UL (VNO). Like UL authorization, only pan-India or service area-wise authorizations may be granted under a UL (VNO) license.

    TRAI said that VNOs are service delivery operators, who do not own the underlying core network but rely on the network and support of the infrastructure providers for providing telecom services to end users and customers.

    VNOs can provide any or all telecom services, which are being provided by the existing telecom service providers.

    VNO should be introduced in the network based on the basis of mutually accepted  terms and conditions between NSO and the VNO. The terms and conditions of sharing the infrastructure between the NSO and VNO are left to the market to determine.

    VNOs should be permitted to set up their own   network equipment where there is no requirement of interconnection with other NSO.  However, they should not be allowed to own/install equipment where interconnection is required with another NSO.

    Local Cable Operators (LCOs) and Multi Service Operators (MSOs) can become VNO and are permitted to share infrastructure with VNOs.

    TRAI had said that there should not be a restriction on the number of VNO licensees per service area and there should be no restriction on the number of VNOs parented by an NSO.

    The paper is available on