Regulators

Broadcaster cannot direct service providers on minimum period of telecast: TDSAT

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/smartcrop_800x800/public/images/regulators-images/2014/04/26/39_0.jpg?itok=zt1Rgejx

NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has said that a broadcaster cannot insist that the service provider must prescribe a minimum subscription period of three months.

 In a judgment that may have far-reaching consequences, TDSAT however interpreted the Tariff Order of the Telecom Regulatory Authority of India (TRAI) to mean that the service provider may prescribe a maximum of three months as the minimum period of subscription to its subscribers subscribing to a-la-carte channels.

Allowing the petition by Dish TV against ESPN Software India, chairman justice Aftab Alab and member Kuldeep Singh said clause 5.2 of the Reference Interconnect Offer (RIO) offered by ESPN to Dish TV as well as clause 4.6 is not in conformity with the regulations. The bench also directed that a copy of the judgment be supplied to TRAI.

 Accordingly, the bench in the judgment written by Singh said clause 5.6 of RIO shall be modified accordingly. Similarly, clause 8.2 of the RIO shall be modified to make the reporting requirement in conformity with the RIO published by respondent on its website.

 Referring to charges by ESPN that Dish TV only beamed matches for any month or part thereof when ESPN’s channel is showing cricket matches in which Indian team is participating and the same is activated as part of the ‘India Cricket Package,’ the calculation of subscribers of such a channel shall be based on the total number of subscribers subscribing to all such bouquets that offer “ICP” for the whole month irrespective of the fact when the channel is activated or de-activated.

 The number of subscribers of the respondent’s such channel that is shown as part of ICP shall be calculated on a calendar month basis as all the subscribers subscribing to such bouquets which contain the ICP for all such months or part thereof during which the channel is activated.

 The Tribunal said the interest of justice will be served if it is directed that for any month or part thereof when ESPN’s channel is showing cricket matches in which Indian team is participating and the same is activated as part of the ICP, the calculation of subscribers of such a channel shall be based on the total number of subscribers subscribing to all such bouquets that offer “ICP” for the whole month irrespective of the fact when the channel is activated or de-activated. The calculation will be on the calendar month basis and if the matches being played on the channel, due to which the channel is activated as part of ICP, spill over to the next calendar month, the subscribers will be counted for both the months.

 The Tribunal directed the parties to enter into the agreement based on the modified RIO within a period of two weeks.

In terms of the Tribunal’s order dated 10 April 2012 in Petition No.382(c) of 2011 filed by ESPN, the petitioner was entitled to the restitution of the amount which was paid to the respondent for the months of September 2011 onwards. The parties shall reconcile their accounts by taking the number of subscribers as calculated in accordance the directions of the Tribunal with regard to subscribers. The respondent, if it so desires, may carry out an audit of the petitioner’s SMS and the petitioner shall fully cooperate with the respondent for the same. The audit and reconciliation of accounts shall be completed within four weeks and the past accounts settled within four weeks thereafter.

It said the Tariff Order was clear that the subscribers referred to in clause 6 are the end users and not the distributor of signals and the sub-clause (ii) applies to the distributor of the signals who can specify the minimum subscription period not exceeding three months to their subscribers for a-la-carte channels. Thus, the Tribunal said that this clause did not give ESPN the right to prescribe the minimum period of three months in their RIO.  

 According to the ESPN, Dish TV had formulated one ‘India Cricket Pack’ which is a hybrid pack. This pack has been provided in such a way that subscribers opting for that pack get sports channels for the period of special sports events and where India is playing on one side. It will be available for the period of 5 to 10 days and whenever the match is complete, the channel will get disconnected. According to the respondent such practice is causing huge loss to it as the subscribers getting such facility will not be recorded and reported to the respondent.

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/05/Radio%20Broadcaster.jpg?itok=GD17MWUu
FM Radio revenues witness seasonal slump in Q4-16, Q1-17

BENGALURU: Generally the Indian private FM industry witnesses a quarter-over-quarter (q-o-q) advertisement (ad) revenue slump in the first quarter of every year (Q1, quarter ended 30 June), which may sometimes carry over to the second quarter (Q2, quarter ended 30 September) of the fiscal. Since...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/05/Trai800.jpg?itok=mqy0oLNT
Broadband rose 8.3 per cent till June 16; teledensity fell in urban, hike in rural

MUMBAI: The number of telephone subscribers in India increased from 1,058.86 million at the end of Mar-16 to 1,059.86 million at the end of Jun-16, registering a growth of 0.09% over the previous quarter. This reflects year-on-year (Y-O-Y) growth of 5.25% over the same quarter of last year. The...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/05/Venkaiah-Naidu.jpg?itok=kClFrGfR
NDTV ban: SC to hear appeal today

MUMBAI: The Supreme Court in New Delhi is on Monday scheduled to hear the appeal filed by NDTV against the ban imposed on its NDTV India channel for telecasting security-related information linked to the terrorist attack on the Pathankot air force base earlier this year.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/03/MODI.jpg?itok=5t6xb4sI
Reliance Jio may be fined for using PM's pic in ad sans permission

NEW DELHI: The Government has denied that it gave permission for publication of a full-page photograph of the prime minister Narendra Modi in advertisements in newspapers about Reliance Jio.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/03/Naidu-Rajyavardhan.jpg?itok=ThSaViAu
Telecast ban withheld in two of 31 cases; no IMC recast plan

NEW DELHI: Information and broadcasting minister M Venkaiah Naidu has said that there have been only two cases in the past two years and the current year where the government has put on hold its orders asking TV channels to prohibit transmission for limited time.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/02/Mukesh-Ambani.jpg?itok=GM5K9E_C
TRAI to examine whether 4G offer can 'Jio' till Mar '17

MUMBAI: In his attempt to arduously chase the 100-million subscriber base, Reliance Jio CMD Mukesh Ambani announced extension of free domestic voice calls and data till 31 March, 2017, having crossed 50 million in 83 days. The Telecom Regulatory Authority of India (TRAI), however, said it will...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/01/RS%20Sharma.jpg?itok=0DVLLRfk
Consumers may get 60-day notice from unprofessional telcos

MUMBAI: The latest consultation paper of the Telecom Regulatory Authority of India (TRAI) is about issues related to closure of mobile phone services. TRAI seeks to extend the time mobile users get to change their service-provider if a particular company is shutting shop or selling its spectrum.

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/01/ajit-gupta-800x800.jpg?itok=ppyJ97Jx
HC admits challenge to Care World TV ban

NEW DELHI: The Bombay High Court yesterday admitted for hearing a petition challenging a week-long ban against Care World India TV, after the information and broadcasting ministry declined to replace its earlier order with a new detailed order.

Regulators High Court
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/11/29/rajya-800x800.jpg?itok=yNfwc2od
India to digitise all services, says I&B MoS Rathore

Minister of State for Information & Broadcasting Rajyavardhan Rathore has said that the government is making all efforts to digitalise the whole spectrum of services available to the citizens. He said that convergence of array of services to empower citizens through mobile technology was...

Regulators I&B Ministry

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories