Regulators

TRAI issues comprehensive interconnect draft guidelines

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/smartcrop_800x800/public/images/tv-images/2016/10/14/trai-800x800.jpg?itok=q7T-wl-N

NEW DELHI: Indian broadcast regulator came out today with its third set of draft guidelines within five days --- this time on interconnection issues. With an aim to bring about more uniformity and transparency in the broadcast carriage sector, TRAI attempts to tackle spiralling carriage cost, rampant discount schemes and uneven agreements between stakeholders, while creating room for distribution cost reimbursement.

As often reiterated by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), TRAI said no broadcaster will provide signals of pay television channels to a distributor of television channels without entering into a written interconnection agreement with such a distributor of television channels.

In the draft regulations, called the Telecommunication (Broadcasting and Cable Services) Interconnection (Addressable Systems) Regulations, 2016, published by TRAI today, the regulator said all broadcasters and distributors (DPOs) will publish on their websites a draft reference interconnection offer (RIO) for providing signals of all its pay television channels to a distributor of television channels within 30 days of commencement of these regulations or before launching of a pay television channel, in conformance with the provisions of the regulations and tariff orders notified by it.

It also said that every broadcaster shall offer all television channels on a-la-carte basis to distributor of television channels. But it will be open to a broadcaster to offer its pay channels (in addition to offering of channels on a-la-carte basis) in form of bouquets.

The draft inter-connect guidelines have been prepared after keeping in view the various orders and litigations pending in TDSAT or courts arising out of disputes between broadcasters and distributors or local cable broadcasters.

Stakeholders have been asked to respond to the draft by 28 October 2016, with the year-end deadline for the final switch-off of analogue signals under the Digital Addressable Systems (DAS) less than three months away.   

Interestingly, TRAI also dwells on carriage & placement fee --- something that broadcasters have been saying is a growing menace hitting their bottomline --- and discounts indicating how the issue can be tackled. 

No carriage fee is to be paid by a broadcaster if the subscription of the channel is more than or equal to 20 per cent of the subscriber base. The rate of carriage fee has been capped at 20 paisa per channel per subscriber per month and the fee amount (charged by DPOs from TV channels) will decrease with increase in subscription numbers.

In what could lead to some serious work in arithmetic, TRAI has suggested the distributors of TV channels may offer discounts on the carriage fee rate declared by them not exceeding 35 per cent of the rate of the carriage fee declared. Further, broadcaster can offer to a distributor a minimum of 20 per cent of the maximum retail price (MRP) of its pay channels or bouquets of pay channels as distribution fee. TV channels may also offer discounts on the MRP, provided that the sum of discounts and distribution fee in no case shall exceed 35 per cent of the declared MRP.

The carriage fee payable by a broadcaster to the distributor under the interconnection agreement shall be calculated on the basis of the rate of carriage fee and the discounts offered in the reference interconnection offer. The term of the interconnection agreement will in no case be less than one year from the date of commencement of the agreement.

The Authority suo-motu or otherwise may examine the reference interconnection offer submitted by a distributor of television channels and may modify the reference interconnection offer with the distributor amending the RIO accordingly and publish the same within fifteen days of receipt of the direction, if the Authority is of the opinion that the RIO has not been prepared in conformance with the provisions of the regulations and the tariff orders notified by the Authority.

Pointing out that the new draft has attempted to keep the basic principles of non-exclusivity, non-discrimination, transparency, level playing field and fair competition in mind, TRAI said there should be a common interconnection framework for all addressable systems, DTH, HITS, DAS and IPTV.

The “Must carry” provision for all addressable systems on first come first serve basis has been provided for and distributors have been asked to publish information about its platform, including available capacity and declare the rate of carriage fee.

It will be mandatory for service providers to reduce the terms and conditions of all their interconnection agreements to writing and no service provider will provide for any clause in an interconnection agreement with the other service provider which would require, directly or indirectly, the latter to pay a minimum guaranteed amount.

Furthermore, no broadcaster will provide signals of pay television channels to a distributor of television channels without entering into a written interconnection agreement with such distributor of television channels.

The regulator said no broadcaster will provide for any clause, directly or indirectly, in an interconnection agreement with a distributor of TV channels which require such distributor to include the channels or bouquets of pay TV channels in any particular bouquet of channels offered by such distributor to the subscribers.

A broadcaster may sign the interconnection agreement with distributors of TV channels for a-la-carte pay TV channels or bouquets of pay television channels of its subsidiary company or holding company or subsidiary company of the holding company which has obtained, in its name, the down-linking permission for its television channels from the Government, after written authorization by them.

Every broadcaster will enter into a new written interconnection agreement with distributors of TV channels before the expiry of the existing interconnection agreement and notice of this will be given to the distributor at least 60 days prior to the date of expiry.

The agreement between a broadcaster and a multi system operator (MSO) will include the details for describing the territory for the purpose of distribution of signals of television channels containing the registered area of operation of the MSO as mentioned in the registration granted by the Government. Provisions relating to territory covered or agreements between an MSO and LCO will not affect the direct-to-home platforms.

The full draft guidelines could be accessed at http://www.trai.gov.in/WriteReadData/WhatsNew/Documents/Interconnection_...

Also Read:   TRAI on carriage fee, other issues in draft interconnect guidelines

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/06/28/GST-Story2.jpg?itok=7_TXT5q8
GST benefits come with ‘daunting’ compliance & increased paperwork, say sector stakeholders

MUMBAI: Even as the government has been attempting to convince the industry and the average tax-paper that the goods and services tax (GST) being implemented from 1 July 2017 will help not only in curbing price rise and simplifying taxation procedures, the broadcast and entertainment industry has...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/06/27/Trai800.jpg?itok=WbTjU200
Star-TRAI case hearing in Madras High Court starts

Final hearing commenced in the petition by Star India and Vijay TV challenging the jurisdiction of Telecom Regulatory Authority of India to issue tariff orders on the ground that content came under the Copyright Act.

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/06/24/trai22.jpg?itok=EEoq2Amu
Energy-efficient ideas: TRAI meet in Delhi on 5 July

An open house discussion is being held in Delhi early next month following responses received by the Telecom Regulatory Authority of India to its Consultation Paper on Approach towards Sustainable Telecommunications. The OHD will be held on 5 July 2017 on the paper which had been issued on 17...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/06/23/V-naidu.jpg?itok=QEN2wP6M
Information & broadcasting minister swears by pubcaster's authenticity, and not aping pvt channels

NEW DELHI: All-India Radio continues to be the most authentic source for news not only in India but also for those living outside the country and want to get news which true and not sensationalised, minister of information and broadcasting M Venkaiah Naidu has said. Lauding the pubcaster for...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/06/22/NK%20Sinha.jpg?itok=Ykw-CyCz
NK Sinha moves to I&B, Garg & Sundarajan are economic affairs & telecom secys

MUMBAI: The Indian government, in a crucial move, has announced that the senior Bihar cadre IAS officer and culture secretary N K Sinha will take over as the secretary in the ministry of information and broadcasting. Sinha will take over in the ministry headed by union minister M Venkaiah Naidu...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/06/22/Untitled-1.jpg?itok=4nWuJZf5
Gender issues: BBC & UNICEF join community radio stations

NEW DELHI: ‘Full On Nikki’, a unique youth show with special focus on gender issues among young adults and adolescents, has commenced broadcast on Panjab University (PU)’s community radio Radio -- Jyotirgamaya 91.2MHz and 24 other CRS in different parts of the country. Though created and developed...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/06/10/Trai800.jpg?itok=GdaUHLXq
Star India case questioning TRAI jurisdiction over content postponed

MUMBAI: Unmindful of the Supreme Court directive to dispose of the case in four weeks, the hearing of the dispute between Star India and the Telecom Regulatory Authority of India (TRAI) in the Madras High Court has been postponed to 27 June.

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/06/09/GST.jpg?itok=2_74fRPU
Maharashtra CM supports film industry's demand for 18% GST

Maharashtra chief minister Devendra Fadnavis has assured the film industry that he will support the demand to lower the GST rate to 18% in the forthcoming GST Council meeting. At the same time, the state government also agreed to rationalise any additional entertainment tax likely to be imposed by...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/06/09/Shaktikanta-Das.jpg?itok=7xxuNm7B
FDI proposals in print, broadcasting to be cleared by MIB; satellites by DoS

MUMBAI: 5 June, 2017. That’s the date the Indian government announced that all foreign  direct investment (FDI) proposals  relating to the print and broadcast sector will be approved by the ministry of information and broadcasting (MIB). Approvals for proposals relating to satellite and telecom...

Regulators I&B Ministry

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories