Regulators

TRAI draft tariff order skewed in favour of DPOs, will harm industry: IBF

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/smartcrop_800x800/public/images/tv-images/2016/12/08/Trai800.jpg?itok=gb9fjK3X

NEW DELHI: The Indian Broadcasting Foundation (IBF), an apex body of broadcasting companies, has criticised sector regulator TRAI for over-regulating and proposing draft guidelines on tariff and interconnection that are skewed in favour of distribution platform operators (DPOs).

Responding to Telecom Regulatory Authority of India (TRAI) draft orders relating to tariff, inter-connections and quality of service, IBF said the new regime will lead to “de-growth” of the industry and discourage investments and production of good quality content in the television industry.

Pointing out that the proposed regulatory regime “regresses rather than advances”, IBF in a lengthy reply has said with over 830 channels for consumers to choose from and a large pubcaster offering of over 100 private and public TV channels, whether there a “need to regulate all aspects of a set of 200 odd pay TV channels”.

"The question for the Authority would be, is there proven evidence of market failure that a dire need has arisen to over-regulate these 200 odd pay TV channels(?). We are of the firm belief that there is no compelling reason to regulate these channels and, accordingly, only a light touch regulation, if at all, ought to have been proposed,” IBF has submitted justifying its criticism of  draft  guidelines.

Contending that pay TV channels (read cable and DTH services) were not essential services IBF counters there was no compelling reason to regulate these channels. “The present tariff order is based on the ‘erroneous premise’ that pay TV channels are essential services,” the broadcasting industry body said.

Citing international copyrights and IPR laws, IBF pointed out that whole exercise undertaken by TRAI was in direct conflict with the provisions of the Indian Copyright Act, 1957.

According to IBF, the proposed tariff and inter-connect orders conflict with the Copyright Act in the following ways and need to be "harmonised":

a.       The proposed tariff order(s) that impose restrictions on nature of content, prices of channels, mandated discount caps and commissions, manner of offering, etc have to be reviewed and modified in the light of specific copyright laws providing freedom to broadcast organisations to charge royalties and any other consideration/fees for their works and BRR in accordance with the market demands and contract laws.

b.      The draft interconnect regulations issued by TRAI that take away the broadcast organisations’ exclusive rights to deal and imposes restrictions on their contractual abilities and takes away their ability to negotiate the terms of trade need to be reviewed and modified to harmonise the same with the provisions of the Copyright Act pertaining to voluntary licensing and assignments by Broadcast Organisations by permitting mutual negotiations.

c.       The existing commercial tariff orders and regulations issued by TRAI in relation to commercial establishments is also at odds with copyright laws in as much as the Copyright Act clearly provides broadcast organisations the right to charge differential rates of royalties and license fees on commercial establishments vis-a-vis domestic/residential subscribers.

Going a step further, IBF has raised questions over transparency and the manner in which draft guidelines were issued: “The draft consultations also do not meet the threshold of transparency mandated by Section 11(4) of the TRAI Act 1997, which requires that the Authority will ensure transparency while exercising its powers and discharging its functions.”

Also Read:

TRAI unlikely to take final call on draft orders soon

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/15/TRAI-Story.jpg?itok=DG6FpPrj
TRAI, European regulator BERC sign net neutrality MoU

Telecom Regulatory Authority of India (TRAI) and The Body of European Regulators for Electronic Communications (BEREC) on Thursday signed a "Memorandum of Understanding" (MoU) on net nuetrality. The MoU, signed by TRAI chairman Ram Sewak Sharma and BEREC chair Johannes Gungl, also adopted a "Joint...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/14/isro.jpg?itok=OyTK1iHT
ISRO/DoS relent on use of foreign satellites; MIB starts processing applications

MUMBAI: India’s Department of Space, overseeing the Indian Space Research Organisation (ISRO), has eased up on its hitherto hard stance on Indian TV channels and teleports using foreign satellites’ capacity --- if the Indian customer has a long-term contract. In a communication to Ministry of...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/12/wifi.jpg?itok=cSQbky2u
RS Prasad launches Wi-Fi choupal project

NEW DELHI: The Indian government on Monday said that 5,000 villages would be turned into digital villages where Internet services would be offered the Wi-Fi Choupal project, which would go a long in empowering people as also expose them to a host of e-governance and entertainment services.  

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/06/mib.jpg?itok=XurAtv3e
MIB & Prasar Bharati make up, sign agreement on funds’ release

After lot of heartburning and media statements, the Ministry of Information and Broadcasting Ministry and Prasar Bharati, which runs Doordarshan and All India Radio (AIR), have inked an agreement that was required for the release of financial allocation to the pubcaster, PTI reported today quoting...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/05/trai1-800x800%20%281%29.jpg?itok=seicu3br
TRAI stands up to DoT on use of foreign satellites for comms services on aircrafts

India’s telecoms and broadcast regulator Telecom Regulatory Authority of India today stood up again for the lawful right of satellite industry stakeholders. It reiterated that the nation’s policies and guidelines for on- board aircraft communications services like broadband should also allow use...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/04/MIB-social_media.jpg?itok=z36DQe_L
MIB social media monitoring cell tender deadline extended

NEW DELHI: The Big Brother has arrived? Well the Indian government, being accused of proposing to unleash a surveillance of citizens, has gone in for another extension of the deadline seeking vendors for technical and logistics help to set up such a center.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/01/mib.jpg?itok=dHBuuNg4
MIB's new secy Amit Khare joins office

NEW DELHI: In what could be termed as challenging times, Amit Khare (third from left in the pix) yesterday assumed charge as secretary in the Ministry of Information & Broadcasting on superannuation of Narendra Kumar Sinha.

Regulators People
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/05/31/star.jpg?itok=_5-mKsbr
Star files caveat in Supreme Court on TRAI tariff order

So the slugfest on the pricing of digital television in India is entering the next round. And it is Star India which has approached the Supreme Court and filed a caveat with it on the Telecom Regulatory Authority of India (TRAI)’s tariff regulations and more specifically on the 15 per cent issue...

Regulators Supreme Court
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/05/29/Delhi%20high%20court.jpg?itok=0wYBu_Zy
HC orders stay on MIB's licence cancellation directive to Alliance Broadcasting

MUMBAI: The Delhi High Court has ordered a stay on a Ministry of Information and Broadcasting (MIB) directive to a channel where it had withdrawn the channel’s licence stating that it lacked security clearance.

Regulators High Court

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories