Regulators

TRAI issues comprehensive interconnect draft guidelines

https://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/tv-images/2016/10/14/trai-800x800.jpg?itok=7b6wMFiZ

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

https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/12/11/trai.jpg?itok=oUp8K9iK
TRAI assuages broadcaster fears of NTO review consultation paper at VBS 2019

Assuaging fears of media broadband, TRAI advisor (Broadcasting and Cable) Arvind Kumar today said at the Video and Broadband Summit (VBS) 2019 that the new consultation paper on broadcast tariffs is only seeking to address some infirmities in the earlier New Tariff Order (NTO) and will not bring...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/12/10/trai.jpg?itok=8bq3NIX-
TRAI extends time to receive comments on STB interoperability consultation paper

TRAI has extended the deadline for receiving comments on the consultation paper ‘Interoperability of Set Top Box (STB)’ for digital TV broadcasting services by 10 days till 18 December. Earlier, the deadline for the same was 9 December.

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/12/04/tdsat.jpg?itok=P49K3aLL
Final TDSAT order on Raghav Bahl’s plans to launch Bloomberg Quint expected on 9 Dec

MUMBAI: The final TDSAT order on Horizon Satellite Services’ petition, seeking a name change for its TV license to ‘Bloomberg Quint,’ is expected on December 9. Horizon Satellite Services, that owned licenses of two news and current affairs TV channels, was acquired by Quintillion Business Media...

Regulators TDSAT
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/11/28/digital.jpg?itok=5V6AsqPA
Draft bill proposes to regulate digital news media

MUMBAI: The Ministry of Information & Broadcasting (MIB) has proposed changes to the archaic, colonial-era Press and Registration of Books (PRB) Act, 1867, which will make it mandatory for digital news sites to register themselves with the Registrar of Newspapers of India in “such manner and...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/11/28/mib.jpg?itok=RgjFxNaI
MIB grants registration to 139 MSOs in 2019

MUMBAI: The Ministry of Information and Broadcasting (MIB) has published a document listing all the registered multi system operators (MSO) in the country. As per the document, there are 1606 registered MSOs in India as on 26 November 2019. Eleven MSOs were granted registration in the month of...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/11/25/star.jpg?itok=lalfFI0Q
Dish TV pays Star India 2nd instalment towards outstanding arrears

Dish TV has paid the invoice for the month of September to Star India amid the ongoing payment dispute between the leading direct-to-home (DTH) operator and the broadcaster. Along with the current invoice, the second instalment towards the outstanding arrears has been paid as stated in a daily...

Regulators TDSAT
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/11/14/trai.jpg?itok=STz0D3a9
TRAI recommends DTH platform services be capped to 3% of carrying capacity

The Telecom Regulatory Authority of India (TRAI) has come out with its recommendations on platform services (PS) offered by DTH operators. It suggests capping the total number of permitted PS for a DTH operator to 3 per cent of the total channel carrying capacity of the DTH operator platform and...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/11/12/TRAI.jpg?itok=9FGDlFWP
TRAI releases consultation paper on Interoperable Set Top Box

MUMBAI: - The Telecom Regulatory Authority of India (TRAI) has released a consultation paper on interoperable Set Top Box (STB) for digital TV broadcasting services. A consultation paper is now issued with a view to elicit response from all the stakeholders for suggesting the best solution to...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/11/09/trai-aug19.jpg?itok=THPUtEbb
TRAI releases telecommunication services DAS audit manual

MUMBAI: The Telecom Regulatory Authority of India (TRAI) has issued the Telecommunication (Broadcasting and Cable) Services Digital Addressable Systems Audit Manual. The new regulatory framework endeavours to provide a level playing field to all the service providers, effective choice to consumers...

Regulators TRAI

Sign up for our Newsletter

subscribe for latest stories