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The TRAI today issued a Regulation to amend the Interconnection
Regulation dated 10.12.2004. The Interconnection Regulation covers
arrangements among service providers for interconnection and revenue
share, for all broadcasting and cable services in India. With the
experience of more than one and a half years after issue of the
Interconnection Regulation a need was felt to clarify as well as
expand the scope of the same so as to minimize the doubts and disputes/
litigation.
The Authority followed its consultative approach for amendment
of the interconnection regulation by issuing a Consultation Note
on March 21, 2006, a Consultation Paper on May 11, 2006 and holding
Open House Discussions in Mumbai on June 16, 2006 and in Delhi on
June 19, 2006. After taking into consideration the comments received
on the consultation paper as well as the comments made during the
course of the Open House Discussions, the Regulation has been amended
by the TRAI.
The main amendments made in the Interconnection Regulation dated
10.12.2004 are:
1. A notice period of three weeks has been prescribed for disconnection
of TV channel signals by a broadcaster to any distributor of TV
channels. The requirement of issue of a three week notice has also
been extended to the distributors of TV channels prior to disconnection
of the re-transmission o fany TV channel.
2. Issue of public notice through newspapers has been made compulsory
prior to disconnection of TV channel signals. Broadcaster/multi
system operator/ distributor of TV channels are required to inform
the consumers through scrolls on the concerned channel(s), but issue
of notice in newspapers shall be compulsory.
3. It has been mandated that the broadcaster/multi system operator
or their agents/ intermediaries to whom a request for providing
TV channel signals is made, should either provide the signals on
mutually agreed terms, or specify the terms and conditions on which
they are willing to provide TV channel signals, within sixty days
from the date of the request.
4. Methodology to arrive at the subscriber base of each distributor
of TV channels at the time of first agreement, during the validity
of agreement and at the time of renewal of agreement has also been
laid down for agreements between the broadcasters and multi system
operators and between multi system operators and cable operators.
5. The Authority has prescribed that all broadcasters shall publish
their Reference Interconnect Offers (RIO) describing, inter-alia,
the technical and commercial conditions for interconnection for
non-addressable systems and submit copies of the same to the Authority.
The reference interconnect offer so published by the broadcaster
will form the basis for all interconnection agreements to be executed
thereafter.
6. Broadcasters will be required to give one months notice for conversion
of Free To Air Channels to Pay channels and vice versa.
7. Parties to an interconnection agreement for supply of TV channel
signals
will be required to renew their interconnection agreements within
three months of the expiry of the original agreement.
8. Issue of invoices by broadcasters /multi system operators or
their agents/ intermediaries has been made compulsory for payment
received from any distributor of TV channels for providing TV channel
signals. The monthly invoice shall clearly specify the arrears and
current dues along with the due date for payment of the same.
For more details, please visit “www.trai.gov.in”.
For further information please contact:
(R. Gayathri)
Senior Research Officer (PR)
Ph # 26101929
Fax # 26713017
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