| Making a presentation at a recent seminar in Mumbai,
the MSO Alliance told the audience, comprising representatives of
some bodies involved in settling industry disputes, that the broadcast
and cable regulator must mandate a "must provide" clause
to ensure that no dominant broadcaster or content rights holder refuses
content to a rival technology platform.
The Trai must ensure that broadcasters compulsorily provide a la
carte choice of channels to customers vis-a- vis full bouquet, which
"should not be forced on unwilling customers."
It was also pointed out that the Trai Act should be amended to
provide for compulsory registration of all electronic media service
providers like broadcasters, MSOs and cable ops.
Interestingly, the MSO Alliance has suggested to Trai that if it
is assumed that a phased rollout of conditional access system (CAS)
over the next 18 months would happen, a regulator-mandated tariff
freeze should continued in non-CAS areas till addressability is
uniformly introduced.
This, the Alliance contended, would allow MSOs/cable operators
to charge for new pay channels launched after 15 January, 2004.
Other measures in consumer interest suggested by MSO
Alliance include:
* Consumer friendly set-top boxes (STBs) schemes as formulated
by MSOs be reported to Trai and be made available in public domain
to enable customers to exercise genuine choice. Service levels for
maintenance/refund of STBs be fixed in consultation with service
providers.
* Commercial interoperability for STBs be mandated to help customers
shifting residences.
* Government should reintroduce the concessional rates of customs
duty for STBs and give duty/tax exemption for digitalisation of
the industry to widen consumer choice for at least three years.
* A specific bar under Section 14 of the Trai Act, wherein complaints
of individual consumers can only be maintainable before consumer
disputes redressal forums or the National Consumer Redressal Commission,
be liberalised as urgent action is required immediately to provide
a credible recourse for customer redressal along with reintroduction
of Cas.
* The government needs to set up an Independent Electronic Media
Regulatory Authority as mandated by the Supreme Court in 1995 in
the Cricket Association of Bengal case.
* Alternately, enlarge the powers of Trai/TDSAT (a telecom, cable
and broadcast disputes tribunal) on the lines of the Convergence
Commission proposed in the Communication Convergence Bill 2001.
In conclusion the MSO Alliance has said that ministries of information
and broadcasting and communications would be confined to a policy
making role if a convergence happens and that may be a small price
to pay for bringing order and sanity to an industry, which is indeed
a public utility today and as important as roti, kapda, makaan (bread,
clothing
and housing).
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