Tag: Trai

  • Dish TV, Videocon d2h merger: CCI seeks TRAI views

    MUMBAI: CCI has sought TRAI’s views on the proposed merger of Dish TV and Videocon d2h and as to whether or not the deal, leading to formation of Dish TV Videocon Ltd., will violate anti-trust laws.

    Dish TV, owned by Zee Entertainment (ZEEL) and the DTH arm of Videocon Industries had in November last year announced their merger. Dish TV, as per the proposed terms, will own 55 per cent in the new entity, according to Livemint.

    A TRAI official confirmed that CCI has sought its views on the subject.

    Dish TV India managing director Jawahar Goel had said that “the arrangement of the scheme is merger and we never envisaged a buyout.” The Board of directors of the two giants had earlier approved a scheme of arrangement for the amalgamation of Vd2h into Dish TV and the execution of definitive agreements in relation to such amalgamation.

    Pursuant to the Scheme, it was earlier reported, Dish TV Videocon shall issue 857.791 million shares as consideration for the scheme and the Vd2h shareholders shall be allotted 2.021 new shares of Dish TV Videocon for every one share held in Vd2h (subject to certain adjustments as set out in the Scheme), which would result in Dish TV shareholders owning 1,066.861 million existing shares or 55.4% of Dish TV Videocon, and Vd2h shareholders owning 857.791 million new shares or 44.6% of Dish TV Videocon.

    The fully diluted share count of Dish TV at 1,066,863,665 shares, which will lead to 857,785,766 shares of Dish TV Videocon being issued to Vd2h shareholders. Exchange ratio rounded off to two decimal places. One Vd2h ADS represents four equity shares of Vd2h.

    The proposed transaction was expected to create a leading cable and satellite distribution platform in India. Dish TV Videocon would serve 27.6 million net subscribers in India, as of September 30, 2016, on a pro-forma basis, out of a total of 175 million TV households in India highlighting significant room for growth. The combined entity would have revenue of Rs. 59,158 million and EBITDA of Rs. 18,262 million on a pro-forma basis for the fiscal year ended 31 March 2016 positioning it as a leading media company in India. The proposed transaction is expected to provide better synergies and growth opportunities and enable Dish TV Videocon to provide differentiated and superior service to all customers through deeper after-sales, distribution and technology capabilities, and also become a more effective partner for TV content providers in India.

    The proposed transaction remained subject to approvals, including from the Securities and Exchange Board of India, the stock exchanges, shareholders and creditors of both companies, the Competition Commission of India, the High Court of Bombay and the Ministry of Information and Broadcasting. The proposed transaction is expected to close in the second half of 2017.

  • Don’t levy spectrum usage charges as percentage of AGR: TRAI

    NEW DELHI/MUMBAI: The minimum presumptive Adjusted Gross Revenue should not be made applicable to ISP licensees, and the spectrum usage charges should not be levied as percentage of AGR and existing formula-based mechanism of charging SUC should continue as also the existing system of payment of SUC charges on an annual basis by ISP licensees.

    Following a request from the DoT, the Telecom Regulatory Authority of India (TRAI) had issued a consultation paper on “Spectrum Usage Charges (SUC) and Presumptive-Adjusted Gross Revenue for Internet Service Providers and Commercial Very Small Aperture Terminal Service Providers” on 19 August 2016.

    Apart from written comments and counter comments, an Open House Discussion was held on 19 January 2017 with the stakeholders. TRAI’s recommendations were based on the analysis of the comments received from the stakeholders and its own analysis.

    The interest for delayed payment of SUC by ISP licensees, TRAI recommends, should be two per cent above the SBI PLR rate existing on the beginning of the relevant financial year, and there should be no requirement of FBG for ISP licensee in respect of formula-based SUC payable.

    The minimum presumptive AGR should not be made applicable to commercial VSAT license and the SUC should not be more than one per cent of AGR irrespective of the data rate.

    The Department of Telecom should put in place a comprehensive, integrated on-line system that acts as a single window clearance for the allocation/ clearances/issuance for approval/ clearance / issue of No Objection Certificates and other permissions to the licensees of spectrum,

    In its Recommendations on “Spectrum Usage Charges and Presumptive Adjusted Gross Revenue for Internet Service Providers and Commercial Very Small Aperture Terminal Service Providers”, TRAI has said DoT should make arrangement to accept online payment of financial levies / dues such as Licence Fee, Spectrum Usage Charges and other fees that are paid by the licensees for obtaining licence/ approval/ clearance / issue of No Objection Certificates from DoT.

    The regulator has said that the existing system of spectrum assignment on location/link-by-link basis on administrative basis to ISP licensees in the specified bands (viz 2.7 GHz, 3.3 GHz, 5.7 GHz and 10.5 GHz) should continue.

    DoT may take up with the Department of Space to evolve a system where the VSAT licensees are not made to run from pillar to post to get their services activated.

    The clock should start from the day the bandwidth is allotted by DoS and DoT should allot frequency within three months of allotment of spectrum by DoS. The two departments may also explore the possibility of implementing an on-line application for automating the whole process to bring in transparency.

    DoT had sought TRAI’s recommendations in terms of clause 11(1) of TRAI Act 1997 (as amended), on :

    (A) ISP  license

    (i)    Rates for  SUC;
    (ii)   Percentage of AGR including minimum AGR;
    (iii)  Allied issues like schedule of payment, charging of interest, penalty and Financial Bank Guarantee (FBG)

    (B) Commercial VSAT license

    (i)  Floor level (minimum) AGR, based       on the amount of spectrum held by commercial VSAT operators.

  • DEN is focused on upping subscription revenue & be future-ready: SN Sharma

    In the Indian broadcast and cable industry, SN Sharma is regarded as a sharp planner, quick on the uptake and a `yaron ka yaar’ (a true friend). However, as with any successful corporate exec, Sharma too has had his share of critics throwing allegations; most of them have not stuck, though. Otherwise, DEN Networks Ltd promoter Sameer Manchanda, known for his sharp understanding of human nature and a tough taskmaster, wouldn’t have got Sharma back for a second stint as a CEO to spruce up a company that had been performing below expectations on various counts.

    At the helm at DEN at an exciting phase of evolution of Indian cable sector, Sharma has got his work cut out — reduce the losses, wherever they are, and use his wide influence and network amongst the cable operators to sign up with the MSO. No wonder, his return to DEN from Reliance Jio last year, reportedly, convinced various cable operators to host few parties as they think `acche din’ (good days) are finally here. However, a small slip on Sharma’s part can shatter these high expectations of his employers and cable fraternity.  

    In a conversation with Indiantelevision.com’s Consulting Editor Anjan Mitra, Sharma holds forth on an array of subjects from reasons behind renewed focus on core business of the company, shedding loss-making investments, the way Indian landscape is changing with digitization, company’s insistence on cable subscription collections and getting future-ready. Edited excerpts from the interview.

    How would you view the cable industry at present in India?

    The cable industry in India has evolved over the years, but I would say it took some definite shape 2012 onwards in two ways. Till 2012 it was all analog though there were some attempts to bring about CAS (conditional access system) in the past, which just did not take off. So the analog regime continued till 2012 without any subscription revenue being captured by MSOs before that.  If at all something was being collected, it was in the range of Rs. 5 per subscriber. Various constituents of distribution networks — MSOs, LCOs, broadcasters and subscribers — were playing their own games. MSOs managed to survive those turbulent days because of the carriage fee charged from broadcasters. Part of that carriage money went back to broadcasters as subscription charges of their TV channels and, in the end, a broadcaster kept majority of the subscription revenue collected from subscribers. To add to the industry’s woes, the technology available was basic and there were no ways available, or being deployed, to get a count of the subscriber base or churn.

    Come 2012 and three metros matured quite ably into digital markets. People saw some change happening as the legacy businesses signaled evolution. With the sunset dates being announced by the government and regulator, there was a new hope that change is ultimately here and the industry will have to adapt itself.

    Q: What did this great hope for change bring about and what were the failures?

    Based on the hope that the Indian broadcast and cable industry was finally undergoing a major change towards digital that would bring about transparency in the whole eco-system, investors supported MSOs with their investments. The MSOs, in turn, invested in the digital cable infrastructure, building it up from the scratch literally, along with deployment of digital set-top-boxes. But in their hurry to capture subscribers, which was based on the presumption that subscription revenue will flow in, majority of the boxes were subsidized that ultimately went to add to the losses for MSOs.

    MSOs simply failed to monetize the digital structure despite investing in it, while monetization of the analog areas too dipped. Reason being legacy business models pushed back at changes that were sought to be brought about. Broadcasters, though, were smarter. Sensing that subscription revenues will be upped that can get them a bigger share of the revenue pie, excel sheets were spruced and changed accordingly to hike channel tariffs. However, the change being hoped for was not adequate. It’s difficult to change an existing system, especially so in India. It’s a human tendency. It took even the MSOs and LCOs some time to fully comprehend the new digital structure,including things like SMS, CAS and other technologies employed. Making the LCOs understand that a new structure will benefit them also and they too needed to change was a bigger challenge. Still, things started to look up by early to middle of 2016 when we at DEN took the initiative to start pushing the subscription (collection) process.

    Q: You mean though green shoots of changes were seen since 2012, things on the ground changed faster from last year?

    The period 2013-2016 did see some changes on the ground too and it would be wrong on my part not to admit them. For example, efforts made in Phase I cities yielded dividends. In some parts of these cities, MSOs did manage to get a share of Rs. 100/subscriber/month. However, phase 2 and 3 were struggling and we could only manage Rs. 35 and Rs. 20 per subscriber, per month, respectively.

    What’s the big attitudinal change that DEN undertook when it realized subscription collection could be upped?

    I don’t know whether it’s an attitudinal change or not, but our new resolve made more business sense. We took the initiative of announcing that whosoever wanted to do business with us had to adhere to our applicable subscription charges. When I rejoined DEN mid 2016, mandate given to me was simple: push for hike in subscription revenue collection from the ground. I had open sessions with all our business associates in a transparent manner and conveyed to them clearly where and what we have invested and what were our expectations from associates. We got support from our associates on the concept that we were selling them.

    Apart from the requirements of the organization, there were compelling reasons too for getting in place a structure quickly and focus on subscription revenue. Delivery technologies were changing fast and there were pressures from DTH operators. These platforms were aggressively selling to consumers their services at rates that were very competitive.  Broadcasters, on the other hand, were demanding a bigger share of the revenue pie. Now, all these pressures were not only visible on the ground, but were being felt by LCOs too. All these factors put together, along with support coming in from TRAI that helped with small tweaks in regulations (like swapping of boxes) in 2016, also made the LCOs understand the importance of getting a proper structure in place. When I re-joined, I ensured that all agreements with LCOs and our business associates were put in place in a transparent and orderly manner.

    If you were asked to encapsulate DEN’s message to all business associates, what would that be?

    We gave a message to business associates, distributors, LCOs and JV partners that had four components. First, the need of the hour was to survive and catch up with companies’ bottomlines. Second, there was a present and clear competition from newer technologies. Third,  DTH players were certainly making concerted efforts to snare more subscribers as they had the advantage of starting from a digital base, unlike cable TV that is trying to make the switchover from analog to digital. And last, there was a need to upgrade technology and infrastructure and, for doing that, financial investments were necessary.

    Not that these factors were invisible to our business associates. It’s a basic lethargy to change and lack of proper understanding of the importance of the change needed that kept LCOs from undertaking business restructuring. Unless transparency is brought about in the eco-system, future investments will not be available and unless that happens to grow the business in a modern world, LCOs and MSOs would find it difficult to survive. As an MSO, we have got the boxes seeded and it won’t be out of place to demand a fair share of the revenues collected.

    How successful has been DEN in these new initiatives aimed at business restructuring?

    In a six-month journey, in phase 1 areas where ARPU is Rs 100, DEN is able to capture Rs. 125 per subscriber; phase II ARPU has increased from Rs. 45-65 to between Rs. 90-100; phase 3 subscription has risen from Rs. 30-40 to Rs. 65-75. In phase IV where the digitisation process started this year, we have crossed an ARPU of Rs.35-40 per subscriber per month already. Future path is now chalked out as TRAI and broadcasters too are not distinguishing whether the content is being shown in urban centres or semi-urban areas as far as tariff structures are concerned. LCOs and subscribers in all phases have realised that MSOs cannot keep on subsidising the content for LCOs and consumers.

    Earlier, MSOs was getting close to 10 per cent of subscription revenue collected from the ground. But then TRAI in a fair manner handed out a formula based on which every stakeholder was to get a share from the subscription revenue pie. I believe if you follow regulations, life would be simpler. DEN signs inter-connect agreements with all its partners and if there are defaults, then signals are switched off. The seriousness of our intent is loud and clear — if you sign up, we’d do business; if you don’t sign up with us, we would switch off DEN’s signals. Such a stand has resulted in DEN collecting close to 40-45 per cent of the consumer subscription revenue now.

    If LCOs, associates and consumers understand the gravity of the change taking place, why differences amongst stakeholders persist and there’s a resistance to TRAI’s tariff guidelines?

    The biggest change is the consumer who has realized that if good services are to be had, then there’s a price attached to availing those. Kudos to the regulator too that it has kept modifying its regulations from time to time as per the need of the day. In an analog regime, it set out guidelines suited for that phase. When digitization rollout started happening, TRAI was aware there would be phases of overlap of analog and digital during transition. After completion of three phases of DAS, the regulator came out with a comprehensive tariff and inter-connect structures for a digital era, which was challenged in the court. I would say the regulator has done a great job. Sooner or later stakeholders will adjust to each other’s needs because a clear road map has been etched out by the regulator.

    (This interview was taken before Supreme Court recently allowed TRAI to announce its tariff, interconnect and QoS guidelines, even while a case questioning TRAI’s power to regulate tariff issues relating to copyrights and IPR is pending final disposal at Madras High Court)

    As a big MSOs, what are DEN’s views on TRAI’s suggested regulations on tariff, inter connections and quality of services?

    We are very much excited with this revised proposed tariffs and I would say the guidelines are well drafted.  Some stakeholders may ask for some tweaks, but on a broader perspective the guidelines point to the right directions. For example, for the first time TRAI has not only given importance and value to distribution pipes that MSOs own, but has clearly spelt out what needs to be paid for using these distribution pipes. This is a big transformation as, till now, MSOs were the only ones making investments and attempting to bring about transparency in the eco-system. As increasing value-added services (VAS) are delivered via this pipe, the importance of it would be further highlighted.

    What would be the areas of push for DEN in phase 3 and 4 of digitisation?

    In phase I and II areas, DEN has five million boxes seeded in the market, while our share in phase III areas is another five million boxes. Our total universe is approximately 13 million, including some phase IV areas. But out of that total universe, a portion is still analog, while the total number of digital boxes is a shade over 10 million. So our present focus would be to take care of the analog boxes that are already in our kitty as subscribers, while aggressively adding more in the remaining period of last phase.  

    Apart from the boxes, I reiterate, overall focus of DEN is increasing subscription revenue collection from the ground in a transparent manner, taking the share that’s due to us. This focus has resulted in LCOs too hiking their subscription rates within the regulatory framework. This is also a change as LCOs earlier in a monopolistic regime, never had to market their services, which they are doing now after regulatory pushes and visible changes in consumer consumption pattern. Today’s consumer of video is savvy, both from the point of regulations and technology available to them like mobile devises at affordable prices. Today, a customer even from smaller towns and cities is willing to pay for the experience as he values the experience. If the experience and service is good, a customer doesn’t mind paying. Adoption of new technology of cable TV will be faster if consumers are properly and extensively educated, along with effective marketing of services.

    Would MSOs be able to charge consumers Rs. 500 per month, at par with OTT services, after digitization is complete; at least in phase I and II areas?

    Consumers in phase I and II areas definitely have higher purchasing power than others, but you have to appreciate that the increase in ARPUs in these two phase-areas is also because work has been continuing over several years. Still, to answer your question, I don’t see MSOs charging Rs. 500 per month for their services immediately. However, with HD services, over a period of one year the charges may rise to Rs. 400 per month. But then LCOs too need to bring in more HD boxes.

    Q: Would you agree with visionary Subhash Chandra when he recently told cable ops they were not keeping pace with consumer behavioural changes globally and the boxes presently being deployed were very basic and tech is changing faster than business models are made?

    Of course yes. Subhashji sees the future much before others do and he’s correct in highlighting such global trends. At DEN, we are very conscious of technological changes coming in to our life and are ensuring that we keep pace with the times. Keeping these global trends in mind, we recently announced a new HD service subscription. It is consumer and LCO friendly and in next six months, DEN will push HD boxes extensively. The HD box is feature-rich and would help us in increasing subscription too.

    Our HD box features include HDTV /SDTV MPEG-4 H.264 AVC & MPEG 2 decoding; SD video up scaling to HD resolution via HDMI port, improving picture quality; SPDIF output to connect external HI-FI system or home theater for Dolby pass-through; USB 2.0 for external PVR/recording function by connecting USB pen drive as low as 4GB or USB HDD up to 1 TB and audio, video and photo play back via USB drive. Additional features (Wi-Fi and Bluetooth) related to two- way functionality are under development and would be available in a month’s time. This will help to use mobile handset as STB remote with an application and enabling interactive applications like You Tube, etc.

    Then DEN is also working on a hybrid open STB where the features likely to include STB acting as home gateway for video services in the homes with an Android Open Service Platform (AOSP) and DVB-C support; enhanced 2D & 3D graphics support with latest open GL ES 2.0 / 3.0 to support high quality games; USB 3.0 to connect external HDD to enable high speed data transfer for recording and playback and integrated Bluetooth and Wi-Fi to support two-way communication.

    We aim to seed in the market at least one million HD boxes over the next 12 months. I was surprised to get feedbacks from consumers and partner LCOs after touring small towns. There’s a fairly good demand for HD boxes in such places too. And, sitting in metros, we used to think consumers in small towns of India would not be able to afford HD boxes, which are certainly costlier than the normal boxes given to them earlier.

    Any plans for 4K boxes?

    We do plan to launch 4k boxes over the next six months as per evolving technologies and global trends very much visible in markets like the US and Europe. Such boxes would be rich in features like digital video recorder, in-built apps and go a long way in changing consumer experience. Though, we do foresee inadequate supply of 4K programming, consumer behaviour is changing and, according to our assessment, there would be a sizable number of buyers for high-end boxes, including HD, if properly marketed to consumers.

    DEN launched its broadband services with much fanfare, but losses have increased. Would you continue with it?

    We have already broken even in our broadband business as of Q3 of FY 2017. Our YTD Q3 losses are at Rs. 110 million vs. Rs. 650 million in the previous full year. We have done some experimentation in Delhi and Kanpur and not only do we plan to continue with the service, but expand it too. We plan to launch our broadband services in 15 to 20 new small towns over the next six to nine months as overall capex on rollout and subscribers is dropping. With an ARPU of Rs. 750 per month per subscriber in Delhi, we see that there would be demand for such a quality service. We plan to target smaller towns in phase II and III areas of digitization. The broadband EBITDA broke even for Q3 FY’17 despite the freebie blitz unveiled by some telcos.

    (According to data available, DEN added 20k broadband subscribers in Q3 FY’17 with the total subscriber base being 159,000; the figure for homes-passed standing at 864,000. While the year-on-year growth for broadband business was 82 per cent as on Q3, the total revenue and ARPU for the quarter were Rs 210 million and Rs 752, respectively.)

    Does DEN own OFC or leases it from associates?

    Our ownership of optic fiber is a combination of several methods. DEN itself owns several thousand kms of fiber, while we also lease from others in an attempt to future-ready our delivery pipes. Then we also use telcos’ fiber to deliver our services employing an IP technology. Our and our associates’ fiber pipes are now almost 300 to 500 meters away from each home of our direct and indirect subscriber.  That is how close we are to our consumer and, with time, we’d like to move closer. As technology marches on, a cost-value analysis will permit us to be as near as 200 meters of the last mile, which can be coax cable too. But I must insist that Indian cable distribution after digital rollout started is undergoing a huge transformation and is, exceptions notwithstanding, now ready to adopt all the future technologies, including providing high-speed broadband and other VAS, which are now surfacing globally.

    Another of DEN’s new initiative is to join the already crowding space of OTT services.  What are the reasons for doing so when bigger players are searching for revenue models?

    OTT is an additional service that can be delivered over the delivery pipe that also will supply hi-speed broadband. We are not looking at OTT space from the perspective of additional revenue. This service is to give comprehensive experience to our existing consumers as of now and highlight the fact that DEN is available to them on the go, apart from at home and work place. We currently have almost 130-140 live channels, 10,000 hours of quality video content and approximately 2,000 movie titles. Our overall approach is to be future-ready and establish consumer loyalty for DEN services. The OTT service and the app can be upgraded with new features and TV channels. However, we are not looking at getting into production of original content for the OTT service.

    How is DEN utilizing the funds from investors, both foreign and domestic?

    A major part of the investments have been in the cable business. As monetization of the company’s businesses happen, especially with digital rollout, there has been a reinforcement of confidence of investors. In the last couple of quarters, the increase in subscription revenue has not only made our investors look positive, but we also see movements in investment community that is looking at this sector in a positive way.

    Is DEN looking to raise additional funding to fund growth in areas like media and sports?

    DEN has invested in media and non-media ventures, but we are evaluating some of the investments at this point of time. Let me first clarify, DEN as a corporate entity has not made any investment in (Arnab Goswami’s) Republic TV. We invested in domestic football league and in a JV with Snapdeal for a home shopping channel. However, our experiences now tell us that we should focus on our core business, which is cable TV distribution. We have conveyed to the Board of Directors that we are actively exploring suitable exit modes involving both these investments. As we are left with only 20 per cent stake in the football venture, no cost accrues to us.

    How would you describe DEN’s bottomline?

    It is a healthy and growing bottomline.  Our consolidated 9-month EBITDA for the current financial year stands at Rs 870 million positive vs. the EBITDA loss of Rs. 1070 million during the same period in the previous year. As of now, cable business has grown well and turned around.  Last year, the losses were heavy because of our other loss-making businesses like broadband and investments in ventures like football and TV shopping channel. With football (investments) been dribbled away and broadband segment stabilizing, I would hope to close the FY 2016-17 (ending March 31,2017) on a high, though it may not be big. The journey from here should be smooth — minor negatives because of initial losses earlier, notwithstanding — and our renewed focus on core business of cable TV distribution with an agenda to correcting the subscription revenues should help.

    (According to figures available with investors, DEN’s digital subscribers contributed Rs. 10.2 crore or Rs 102 million in Q3 of FY 2016-17 to the overall quarterly revenue kitty. Cable subscriptions registered a growth of 15 per cent quarter-on-quarter. Not only DAS phase 1 EBITDA stood at 30+ per cent, DAS phase 3’s monetisation was Rs. 65, inclusive of taxes, as on December ’16.)

    Q: What is your medium to long to term vision for DEN?

    I would like to convert 50 per cent of my SD box consumers into HD subs in five years’ time, while I would like to convert at least 10 per cent of the SD boxes into HD over the next 12-15 months. These conversions will also help in upping subscription revenue collections.  In five years’ time, I would also like to have one million 4K boxes seeded in consumer homes and be elated to have a total subscriber base of 20 million.

     

  • TRAI justifies tariff, QoS, interconnect orders, declines comment on jurisdiction

    NEW DELHI: The Telecom Regulatory Authority of India today justified the issuance of the regulations relating to tariff, interconnect and quality of service regulations relating to digital addressable system on the ground that this will bring transparency in the system.

    In a hurriedly-called press meet, principal advisor Sunil Gupta said the aim was to bring in a fair and equitable share of revenue to all stakeholders.

    However, the regulator refused to comment on whether it had the jurisdiction to issue any or all the orders as the matter was sub-judice in the Madras High Court.

    The Supreme Court, while allowing an appeal by TRAI on 3 March and vacating the stay order, had said that the Madras High Court could continue hearing the case. However, it said the case in the High Court would continue and would have to be completed within sixty days.

    Both channels were also given leave to amend their petitions in the event of TRAI issuing any orders.

    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 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.

    A cursory glance shows that the regulator has stuck to its draft with some incidental changes.

    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 tariff & quality of services regulations

    TRAI issues comprehensive interconnect draft guidelines

    Offer Premium channels as a la carte, don’t bundle: TRAI

  • TRAI tariff order’s impact on the industry

    MUMBAI: How will Trai’s Telecommunication (Broadcasting and Cable) Services (Eight) (Addressable systems) Tariff Order, 2017, impact the industry and listed television eco-system companies?

    Leading institutional broker Kotak Institutional Equities (KIE) believes that the implementation of would enhance the bargaining power of distributors versus broadcasters, at the margin. KIE contends that while it is difficult to factor in all permutations and combinations and quantify the impact, Dish TV would most likely benefit. The impact on Zee would be negligible, if any, given the strength of its bouquet. Sun could potentially gain, but its upside is contingent on digitization in TN.

    KIE believes that flexibility to consumers will not reduce industry’s subscription revenue pool because there is a provision of access fee of up to Rs 130/month (excluding taxes). It says that even if a household subscribes for 10 popular pay channels on a-la-carte basis, it may result in subscription fee of more than Rs 100 (excluding taxes). It is unlikely that value subscribers (base pack/ low-ARPU subscribers) would be able to optimize subscription spends. If at all, they may receive less content for the same price going forward. However, there is room for premium subscribers (HD, multiple TVs) paying more than Rs 500/month per STB to optimize its subscription spends especially in case of nuclear families in urban markets..

    “We expect distributors to price and package channels such that consumers continue to find bouquet appealing. We also believe industry will not encourage or promote a-la-carte buying: (1) LCOs would likely discourage a-la-carte buying, (2) difficulty/hassle in opting for a-la-carte (through SMSes or call centres) will act as a deterrent,” says a KIE report.

    The regulation could possibly reduce scale led advantages of distributors. The permissible discounts would likely be on penetration milestones (percentage penetration as against absolute scale). Thus, the scale-led advantage of larger distributors can moderate. However, it will be difficult to track and monitor placement and marketing deals which may be used as an avenue to pass on scale-related benefits.

    KIE believes that it is likely that strong players will become stronger and weak players will become weaker. There is a high possibility that low-ARPU subscribers may get less content for the same price whereas premium subscribers may be able to optimize their subscription spends because of uniform pricing across urban markets and rural markets notwithstanding difference in purchasing power.

    Also, standalone channels and small broadcasters may be forced to pay higher carriage to maintain reach (at present DTH garners negligible carriage; post implementation DTH may demand higher carriage). Some channels may not be able to absorb the increase in costs. Small distributors, who do not have wherewithal for technological changes, may find it difficult.

    On upselling and HD push, the KIE paper says, “Access fee under the new regulation would contribute meaningfully to distributors’ revenue stream. Additionally, DTH should also see a sharp increase in carriage revenues. Given this, it has to be seen if the distributor ecosystem remains as focused on upselling and pushing HD. We believe the incentive for them to upsell is lower under the new regulation.”

    KIE is unsure if the regulations would weigh on long-term ARPU growth. Intuitively, more flexibility to choose content can make optimization of subscription budget easier at household level. It contends that barring top channels, price of most pay channels would be negligible and many channels would convert to FTA. Monetisation of niche channels may be difficult at the margin.

    The broking house feels that implementation of regulation would force cable to push package tiering and raise cable tariffs in line with DTH provided that LCOs align with it and broadcasters do not make any payments to cable other than prescribed by the regulation. The time lag between technical implementation of digitization and monetization is 1-2 years. In fact even after 3-4 years, Cable tariffs and MSOs ARPU in phase I-II markets lag expectations.

  • Discounts by broadcasters to be part of RIO to ensure transparency: TRAI

    NEW DELHI: In an effort to address the concerns of stakeholders, all broadcasters have been given the freedom to publish their reference interconnect orders (RIOs) encompassing terms and conditions that are clearly known to the distributors / multi-system operators.

    The Telecommunication (Broadcasting and Cable Services) Interconnection (Addressable Systems) Regulations 2017 notified by the Telecom Regulatory Authority of India has also mandated a time-bound framework for interconnect orders.

    A cap has been put on discounts offered by broadcasters to DPOs to ensure that the subscriber gets realistic maximum retail price. Furthermore, these discounts have to be objectively defined in the RIO.

    TRAI said this is expected to bring in level playing field and effective competition in the sector. While doing this, adequate flexibility and freedom has been   provided to service providers for innovation and business ingenuity in offering their services.

    Transparent and non-discriminatory access to all types of distribution networks have been brought under the   regulatory framework. Besides mandating a framework of  RIO  for  charging of  carriage fee  on   transparent basis, a cap on  the  rate at which a DPO  can  charge carriage fee has been  prescribed. Further, it has also been provided that the carriage fee shall change with the change in subscription level of channels. In this way, entry for new channels in the market has been made predictable.

    Other features include a common regulatory framework for all types of TV distribution platforms providing services through Addressable Systems; availability of signals to   service  providers on  non-exclusive  and non­discriminatory basis;  and ensuring  access  to   the    distribution  networks  for   re-transmission  of  TV channels on  all   types of  distribution  platforms on   non-exclusive and non- discriminatory basis.

    The broadcasters and distributors will devise and design their RIOs for providing signals of TV channels and access to the distribution networks respectively, in conformance with the regulations and the tariff orders notified by the Authority, and declare the same.

    There will be a time bound provisioning of signals of TV channels & access to the network on the basis of transparent RIO framework.

    All Interconnection agreements will be signed between broadcasters and distributors on the basis of RIO.

    A framework has been prescribed for reports & audits.

    Complete details are available on

    The initial interconnect regulations were brought out in October last year but had been stayed by the Madras High Court but that order was set aside in an appeal by TRAI in the Supreme Court.

  • Distributors cannot charge more than Rs 130 per month for 100 SD channels: TRAI order

    MUMBAI: Consumers will now be able to receive 100 standard definition channels at Rs 130 a month plus taxes, according to the new TRAI tariff order issued last Friday. This will ensure reasonable rate of return to the DPOs on investments in the existing distribution networks as well as incentivise them for additional investment to ensure better network quality for providing value added services and broadband to subscribers. It is hoped that new framework will bring transparency, level playing field, encourage consumer choice and growth of the sector.

    The regulator stated that no separate charges other than this Network Capacity Fee (NCF) would be paid by the subscribers for opting Free-to-Air channels or bouquet of Free-to-Air channels.

    In order to provide choice to the subscribers and to curb skewed prices of a-la-carte channels as compared to bouquets, the Authority has mandated that a broadcaster can offer a maximum discount of 15 per cent while offering its bouquet of pay channels over the sum of MRPs of all the of pay channels in that bouquet. The restriction of maximum discount of 15 per cent on formation of bouquet is to ensure that a subscriber is not forced to take a channel which he doesn’t want. Forcing of non-driver channels to subscribers not only reduces choice of subscribers but also eats away bandwidth of distributors of television channels restricting entry of new and more competitive channels.

    Digtal addressable television distribution platforms, TRAI stated, are envisaged to provide several benefits to consumers of broadcasting services including better quality of signals, choice of channels, availability of multimedia services etc. With the completion of first three phases of digitization to a large extent, though the addressability, capacity and quality of signal have improved, issues relatéd to consumer choice, transparency and non-discrimination.

    Broadcasters want freedom to price their channels. Their contention is that since pricing at retail level is with distributors of television channels, the flexibility to maximise the revenue through advertisement and subscription fee has been compromised. News broadcasters, who primarily provide free-to- air (FTA) channels and have advertisements as only source of revenue, claim that many a time their channels at retail level are priced in such a manner that even pay channels are cheaper than their FTA channels. In the present framework distributors of television channels feel that they are totally dependent on effective negotiations with broadcasters for monetisation of their investment and due to non-transparency in the system, they end up at a loss while bargaining with the broadcasters.

    According to TRAI, subscribers feel that the pricing of channels is skewed resulting effectively in no choice of individual channels. They feel lack of transparency. Questions are raised time and again as to why same channel is priced so differently by different distribution platform operators.

    While prescribing the new regulatory framework, the TRAI has kept in mind the discussions in the Parliament on the motion for consideration of the Cable Television Networks (Regulation) Amendment Bill, 20 11, wherein the then Minister of Information and Broadcasting stated that TRAI would establish a system wherein consumers would be free to choose a-la- carte channels of choice and they would not be required to subscribe to bouquets.

    While framing this Tariff Order, the emphasis of the Authority has been to ensure transparency, non-discrimination, consumer protection and create an enabling environment for orderly growth of the sector. The new framework attempts to address all the issues raised by broadcasters, distributors of television channels and subscribers. The broadcasters will have to declare their channels as ‘Pay’ or Tree-to-Air’ (FTA). Broadcasters have been given complete flexibility to declare maximum retail price (MRP) of their pay channels to subscribers with no restrictions as long as such channels are provided to consumers individually. However, if a pay channel is provided as part of a bouquet, MRP of such pay channel cannot be more than Rs. 19/-. This is to ensure protection of interests of consumers as bouquet deals are oblique to individual channel prices. The new framework in no way restricts or curtails the freedom of broadcasters to price their channels. Provisions have also been made to ensure that no additional charges are levied for subscribing to FTA channels.

    The salient features of the Tariff Order are:

    Broadcasters to declare maximum retail price (MRP) (excluding taxes) ), per month, of their a-la-carte pay channels for subscribers.
    A broadcaster can also offer bouquets of its pay channels and declare MRP (excluding taxes) of bouquets for subscribers. However, MRP of such bouquets of pay channels will not be less than 85% of the sum of maximum retail price of the a-la-carte pay channels forming part of that bouquet.
    Separate bouquet for pay channels and free-to-air channels.
    Charges payable by a subscriber for distribution network capacity and channels have been separated.
    The distribution network capacity required for initial one hundred Standard Definition (SD) channels can be availed by a subscriber by paying an amount, not exceeding, Rs. 130/- (excluding taxes) per month to the distributor of TV channels.
    Within the capacity of 100 SD channels, apart from the channels to be mandatorily provided to subscribers as notified by the Central Government, a subscriber will be free to choose any free-to-air channel, pay channel, or bouquet of pay channels offered by the broadcasters or bouquet of pay channels offered by the distributor of television channels or bouquet of free-to-air channels offered by the distributor of television channels or a combination thereof.
    No separate charges, other than the Network Capacity Fee, to be paid by the subscribers for subscribing to free-to-air channels or bouquet of free-to-air channels.
    The additional capacity, beyond initial one hundred channels capacity, can be availed by a subscriber in the slabs of 25 SD channels each, by  paying an amount not exceeding Rs. 20/- per such slab, excluding taxes, per month.
    Every distributor of television channels shall offer all channels available on its network to all subscribers on a-la-carte basis.
    Every distributor of television channels shall declare distributor retail price of each pay channel and bouquet of pay channels payable by a subscriber:
    A subscriber can choose a-la-carte channels of its choice.
    Distributors of television channels are permitted to. form bouquets from a-la-carte pay channels and bouquet of pay channels of broadcasters. However, distributor retail price of such bouquets of pay channels shall not be less than 85 per cent of the sum of distributor retail prices of the a-la-carte pay channels and bouquets of pay channels of broadcasters forming part of that bouquet.
    A subscriber has to pay separate charges, other than the Network Capacity Fee, for subscribing to pay channels or bouquet of pay channels.
    Distributors of television channels have to offer at least one bouquet, referred to as basic service tier, of 100 free-to-air channels including all the mandatorily channels to be provided to the subscribers as notified by the Central Government. This bouquet will be one of the options available for subscription to customers. It will be the subscriber Who will be free to exercise his option.
    Any pay channel having a-la-carte MRP of more than Rs 19/- per month (Excluding Taxes) shall not form part of any bouquet.

    Also Read:

    We believe the new cable TV tariff order will benefit everyone – Hathway Cable video CEO TS Panesar

    TRAI gets support from Subhash Chandra on inter-connect guidelines

    TRAI free to issue TV tariff, Star HC case disposal in 60 days

  • Cable TV price may reduce as TRAI issues tariff, QofS, interconnect regulations after SC nod

    MUMBAI: Cable TV prices are now expected to reduce after Telecom Regulatory Authority of India yesterday issued a series of orders relating to digital addressable systems.

    Broadcast carriage regulator TRAI had lined up a slew of guidelines relating to tariff, quality of service and interconnections, including proposing maximum retail price (MRP) for channels being bundled in genre-wise bouquets, freeing unbundled premium channels of  price caps and reining in the last mile cable operator (LCO) from breaching revenue-gravy trail.

    Sources in TRAI had indicated the regulator had favoured introducing MRP for TV channels that broadcasters offer in a bouquet to MSOs so the prices could be conveyed to a consumer in a transparent manner for him to make an empowered choice. Though broadcasting companies do submit annually a-la-carte rates of their respective channels to TRAI, the regulator was of the opinion that a consumer doesn’t ultimately get to choose the channel of his choice transparently.

    Following the green signal from the Supreme Court yesterday morning, TRAI issued a series of orders relating to digital addressable systems.

    Apart from the Tariff order which had 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.

    In separate press releases, TRAI said the three documents issued in October last year were in draft form. Earlier, the regulator had issued consultation papers on the issues and finalized the regulations after receiving responses from stakeholders and open house discussions, the final regulations have been issued. The regulations had been issued after However, a cursory glance shows that the regulator has stuck to its draft with some incidental changes.

    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

    Earlier, both Star India and Vijay TV had filed a petition in Madras High Court under the Copyright Act on the ground that TRAI could not issue orders that would affect content but could only issue regulations relating to distribution and other matters.

    After the High Court stayed all orders issued by it, TRAI appealed to the Supreme Court which this morning said that TRAI was free to issue its orders. However, it said the case in the High Court would continue and would have to be completed within sixty days.

    Both channels were also given leave to amend their petitions in the event of TRAI issuing any orders.

    Also read:

    TRAI tariff & quality of services regulations

    TRAI issues comprehensive interconnect draft guidelines

    Offer Premium channels as a la carte, don’t bundle: TRAI

  • TRAI free to issue TV tariff, Star HC case disposal in 60 days

    NEW DELHI: Even as it permitted the Telecom Regulatory Authority of India to notify the tariff order and interconnect regulations for the broadcast sector, the Supreme Court asked the Madras High Court to dispose the original petition by Star India and Vijay TV within sixty days.

    The apex court said that the High Court could continue hearing the case, which is due to come up next week.

    However, it said that Star India was free to approach the court if it was aggrieved by the tariff order or any other action by TRAI in this matter. Star India could also amend the petition if needed in the event of a tariff order being issued.

    “Any new cause of action arising from notifying the regulation can be taken up before the high court,” the court said.

    Star India Pvt. Ltd and its subsidiary, Vijay Television Pvt. Ltd, had challenged the draft regulations before the Madras high court under the provisions of the Copyright Act and said Trai has no jurisdiction to regulate content.

    Star India counsel P Chidambaram said they have challenged Trai’s assumption of jurisdiction. “Trai can only regulate carriage and not content,” Chidambaram said.

    The bench of Justices P C Ghose and Rohinton F Nariman said Trai cannot seek an adjournment.

    Additional solicitor general Tushar Mehta told the court that the regulation will not come into effect immediately, which gives time for Star India to move the high court and seek a stay. “Some provisions will come into effect after 30 days but the important ones will only take effect after 180 days,” Mehta said.
    In the draft order issued in October 2016, Trai had proposed a new tariff framework for pricing and packaging of TV channels offered to subscribers, listing channel genres and a genre-wise ceiling on the channel prices.

    Indian Broadcasting Foundation and Videocon DTH counsel were also present at the hearing.

  • TRAI & FCC sign LoI on accelerating broadband deployment & aligning spectrum policy

    MUMBAI: The Federal Communications Commission (FCC, U.S.) has taken an important step to strengthen its relationship with one of its foreign regulatory counterparts, the Telecom Regulatory Authority of India (TRAI).

    During a meeting on the sidelines of the GSMA Mobile World Congress in Barcelona, Spain, FCC chairman Pai and TRAI chairman R.S. Sharma signed a Letter of Intent (LoI) for cooperation between the two agencies. The non-binding agreement sets out a framework for the mutually beneficial exchange of ideas through activities such as best practices sharing, bilateral workshops, and digital video conferences.

    To guide these efforts, the FCC and TRAI have determined topics of shared interest, including accelerating broadband deployment and aligning spectrum policy to meet increasing mobile broadband demand.

    FCC chairman Pai said, “I look forward to working with Chairman Sharma and his staff as both of our agencies strive to promote innovation, investment, and growth in communications technologies in order to bring digital opportunity to all of our people.”

    Given the broader bilateral partnership between the United States and India, the FCC has long engaged with Indian counterparts on issues of telecommunication regulatory policy. The new agreement reinforces the ongoing positive working relationship between the FCC and TRAI and identifies opportunities for further collaboration in an increasingly interconnected world.

    Earlier, in a report from the MIB (India), the government admitted that digital cable TV networks were vital infrastructure for penetration of broadband through which e-government services could be deployed.

    According to the latest telecom subscription up to 31 December 2016 released by TRAI, Indian consumers quickly got over the demonetisation hiccup – at least as far as subscribing to mobile broadband, and dongles are concerned. Growth at 8.89 per cent has come back in the December month with the total number of mobile broadband subscribers rising to 217.36 million from 199.61 million subs earlier.

    This increase has come about primarily due to Reliance Jio’s relentless drive to build a user base: it had 72.16 million mobile broadband users, whereas Bharti Airtel (43.56 million), Vodafone (35.02 million), Idea Cellular (27.04 million), and BSNL (20.36 million) followed. The top five Indian service providers constituted 83.93 percent market share of the total broadband subscribers at the end of Dec-16.

    Also Read:

    MIB report: 50% digital STBs seeded during DAS’ first three phases

    TRAI data: Mobile b’band subs get over DeMon in December 2016

    Jio juggernaut rolls on, wired segment wobbles