Tag: carriage fee

  • Cable operators take on I&B at digitization meet

    By Meghna Sharma

     

    With May coming to an end and only a month left for digitization, the Information & Broadcasting Ministry is trying its level best to get the stakeholders to a mutual consensus. A forum was organized by FICCI and I&B ministry in Mumbai to share some thoughts on ‘ India going Digital’.

     

    Present at the event, Supriya Sahu, Joint Secretary (Broadband & Policy) and Rajiv Takru, Additional Secretary of Ministry of I&B heard what the cable operators of the city had to say. It is not a hidden fact that cable operators aren’t very happy with the whole process. Deadline date, revenue share and carriage fee were some of the strong points put forward by them.

     

    Cable operators’ woes

    The operators stood unanimous as they put their issues in front of I&B Ministry. The issues on which they wanted answers to varied from them being given a ‘chor’ tag to why they should collect entertainment tax for the state government.

     

    Although the topic of revenue share was top of the list, none of the operators agreed with the 45:55 share with the MSOs and wanted the government to do something about it. “How will we survive?” they questioned. The cable operators want a bigger share in the pie; some even suggested of a full 100 per cent share.

     

    Some operators even went on to tell the government to re-work the deadline and launch a phase-by-phase change, wherein both analog and digitization be allowed hand-in-hand, with only a few channels being converted in the beginning.

     

    One operator even compared the cable operators with Jesus and said that they’ll be carrying the set-up boxes to their funerals. Availability of the set-up boxes is a major concern as many reminded the ministry representatives that MSOs have not been able to provide them with the boxes even as the deadline looms in. “How does the government expect us to meet the deadline when we haven’t been provided with the set-up boxes. We don’t even know if the demand will be met before the blackout. And how are we going to face the wrath of our customers when their television sets go blank?” questioned one operator.

     

    Carriage fee was a topic on which all of them agreed upon, stating that they alone shouldn’t be allowed to bear its burden. They also wanted the ministry to intervene and tell the broadcasters to bring out their rate cards as soon as possible so that they can, in turn, inform their customers.

     

    Ministry’s assurance

    Rajiv Takru, Additional Secretary of Ministry of I&B, confirmed that no matter the issues raised or problems faced, digitization will not be compromised upon. “There is still some confusion and doubts in many cable operators’ minds, but one needs to be very clear that digitization will happen and shouldn’t be taken lightly.”

     

    He advised the cable operators to start working on it as very little time is left. He added that it is cable operators’ job to go and talk to their customers about digitization becoming a reality soon. “Multi-system operators (MSOs) have been informed to provide cable operators with set-up boxes before the deadline of June 30 and they will have to follow suit. It is the cable operator’s job to convince customers to change before it’s too late to avoid the chaos.”

     

    He added that the rules of the game have been changed and if anyone is caught evading rules or indulging in any malpractice then according to the Cable Regulation Act, the person will be arrested and made to shut shop as it has now become a cognizable offence.

     

    The broadcasters have been informed and will bring out rate cards by end of this month, Mr Takru assured: “Broadcasters and MSOs have to go by the rules and have to come out with bouquet as well as a-la-carte channels. One needs to understand that digitization is a win-win situation. The customer will be able to chose and cable operators will be able to provide the best quality service.”

     

    Direct to Home (DTH) service is seen as the biggest opponent by cable operators and feel that DTH operators don’t want them to reach the deadline, especially with monsoons approaching as they do not get many customers in the season. To this Mr Takru assured cable operators stating that they shouldn’t see DTH as a challenge: “A lot of DTH operators are still waiting in line to get more channels as they don’t have sufficient signals/transponders whereas cable operators will be able to provide 500 channels to their customers.”

     

    No end to the chaos

    However, no concrete solutions came out of the meeting as the atmosphere at the forum heated up. The cable operators continued demanding the deadline to be pushed back while Mr Takru only said that their point has been noted.

     

    Furthermore, the cable operators didn’t let the MSOs present at the event speak their side of the problem or issues. The agitation ended when Mr Takru and Ms Sahu walked out of the venue citing shortage of time and the MSOs escaped with them.

     

     

  • 54 Days to D-Day | Industry voices concerns on sunset date (Video)

    By Shruti Pushkarna

     

    With less than 60 days to go for the switch from analog to digital distribution, different stakeholders of the broadcast and cable industry are battling out their respective concerns with the government and the regulatory authority. Following the Tariff Order and Interconnection Regulations for the Digital Addressable Cable TV Systems issued by Telecom Regulatory Authority of India (TRAI), a lot of stakeholders have raised issues that will affect their business in which they deem the order to be unfair.

     

    While the News Broadcasters Association (NBA) protested against the carriage fee mentioned in the order, local cable operators (LCOs) carried out a black flag protest during the recent Assocham event attended by the Minister for Information and Broadcasting, Ms Ambika Soni. The LCOs have objected to the revenue share prescribed by the regulator and the Multi System Operators (MSOs) have expressed concern over the increased number of ‘must carry’ channels mandated by TRAI.

     

    MxMIndia spoke to a few representatives of the industry to understand their concerns in the run up to digitization.

     

    Ashok Mansukhani, President, MSO Alliance

    What’s your first response to the Tariff Order?

    The Tariff order has a mixture of good and bad. Fundamentally, it lays out the path for digitization but there are certain issues which worry us like the mandatory ‘must carry’ channels. We don’t think that’s a fair thing to do, if the broadcasters have the right to decide how many channels to bring to India or create within India, we should have the right to decide what should be the capacity, obviously the capacity is much larger in a big city than a small city. Apart from that, there are some issues on revenue share, which is based on a formula which is pending in the Supreme Court. Our worry is that if the Supreme Court decides otherwise, the whole business model would break down. These are the main two concerns.

     

    News broadcasters are objecting to the carriage fee mentioned in the order issued by TRAI, what’s your view on it?

    Now everything will be transparent. What is possibly going to happen is that carriage fee, which is creating such a big hoo-ha today, will get replaced by genuine pay channel ecosystem but that is about five years away. In the current process, we have to digitize about a 100 million homes and enormous sums of money are required but no fiscal incentive or tax incentive or infrastructure incentive has been given by the government. I think in the run up to digitization, the broadcaster should not derail the process; rather they should sit down with the cables operators and the MSOs and work packages with attractive content and at compelling rates to attract consumers. I think that’s really what they should be doing instead of writing editorials about carriage fees.

     

    Do you think the sunset date of June 30 is achievable?

    No, it’s not achievable. There are just 60 days left. The negotiations with broadcasters have not begun. The revenue shares are default revenue shares but no discussions with operators have taken place. No agreements are in place. Out of 10 million boxes, only 2 million boxes have been installed. Many of those boxes don’t have smartcards, in other words, they don’t have the conditional access system, and they are vanilla digital set top boxes. I think it’s high time for the government to carry out a reality check. I am sure this will be discussed in the next task force and I am sure government will fix a new date.

     

    Jehangir Pocha, CEO, INX News

    What’s your first response to the Tariff Order?

    The TRAI order has been a disappointment to news broadcasters because we were repeatedly told that there would be no carriage fee. We were repeatedly told that there would a mandated EPG or menu system, which has not been delivered. These two things add up to a huge financial burden on broadcasters, especially news broadcasters, an industry that is, contrary to public assumption, not doing at all well, that is facing huge financial burdens and many channels have gone bankrupt.

     

    Apart from carriage, do you see any other issues in the run up to digitization?

    I think the other issues are really about the willingness and commitment with which the policy can be rolled out because this is going to disrupt some vested interests, it’s going to disrupt a regular way of doing business and therefore, there is going to be a natural push back. But the concept of digitization is superb, it’s wonderful that the government and the regulator have pushed for it, but there have been some imperfections in what they have presented. Another thing that doesn’t make enough economic common sense to me is how the price was set so low for free channels and pay channels because the entire industry’s problems stem from the fact that the consumer is literally being subsidized by paying such low price for content, which in every other country, costs so much more. How this price has been set, by whom and who’s paying for the inherent subsidy in this, there hasn’t been enough transparency on this.

     

    Both NBA and the IBF have expressed disconcert at the carriage fee in the order issued by TRAI, but the TRAI maintains that there is no cause for dissatisfaction on carriage fee. As a news broadcaster, what will be your next step?

    I think we will have to explain to TRAI and the ministry just what the imperfections in this otherwise very positive bill are, and how they will create a huge financial burden for news broadcasters, how it will push us towards bankruptcy, how it will stop us from being able to create quality content and how it will, in fact, stop us from growing. If the government is interested in inclusive growth, news broadcasters play a very valuable role in this industry and in this nation. And our financial concerns should be addressed in some manner both by TRAI and the government.

     

    Do you think the sunset date of June 30 is achievable?

    Everything is achievable if the intent is there. There may be some practical concerns but let’s be realistic, while the policy is being presented now, we knew for 6 to 7 months that it was going to happen and I’m not sure if MSOs and LCOs spent adequate amounts of money, time and effort on preparing for this day, which they knew was coming. Now they are saying, this day has come and we need more time. We have seen consistent attempts to delay digitization, and I think we should have very little patience with more delays.

     

    Pulak Bagchi, VP, Star India

    What’s your first response to the Tariff Order?

    It’s a step towards the right direction and I think it will be path breaking in terms of the reforms it triggers in the cable space.

     

    What’s your view on the concerns being raised by news broadcasters over carriage fee?

    Carriage is a phenomenon which is certainly not new – it’s been around since the inception of the industry. What TRAI has done is only put a method into the madness, which should be commended. Earlier, there was no transparency in the payments that were being made, now atleast you’ll be having a foothold into the figures. You’ll also be able to determine whether they are reasonable or not. TRAI has also said that they will be intervening in cases of arbitrary levels. So there’s really no cause for concern. I think we should not be pressing the panic button; it has taken so many years for the government and the regulator to come up with these formulations. It’s important that we live up to the mandate and we must also give regard to the expectations of the people of this country. Given that digitization is a reality today, the sooner we embrace it, the better.

     

    Do you think the sunset date of June 30 is achievable?

    It is, because it’s targeted towards four major cities where it’s not an alien concept. Perhaps there will be some incremental approaches that will be taken in those respective areas and I’m sure that the deadline could be met. There’s no difficulty in abiding by the timelines.

     

    Are there any marketing initiatives or consumer awareness campaigns that you are undertaking in the run up to digitization?

    Star and IBF have made it mandatory for all members to spread awareness in their respective channels. We are carrying out marketing campaigns, we are also doing citizen focused awareness programmes where people can be brought up to speed with what digitization is all about. And we are also trying to infuse in the public sensibilities as to why it is good for them.

     

    Roop Sharma, President, Cable Operators Federation of India (COFI)

    What’s your first response to the Tariff Order?

    It’s very bad from LCO’s perspective. Since there is a vertical monopoly and no cross media holding, none of the MSOs will be negotiating with the cable operator and if they don’t negotiate with the cable operator, the latter will end up taking only a Rs45 share, with which the business becomes unviable and the LCO will be unable to give better quality service to the consumer. Even the set top boxes, which are going to be put, are of vanilla quality, they are very primitive boxes. Consumer will not be able to get internet, broadband or other services on the same box. Cable operator has to spend so much money in upgrading and the government has just mandated a technology. We are even ready to upgrade, but we must get a proper share. The regulator wants to be the controller of the business. As a result, lot of cable operators will be forced to sell off their network or the network will die its own death. There will be a lot of unemployment generated in the market.

     

    Do you think the sunset date of June 30 is achievable?

    No, the timeline is very short. First is the procurement of boxes – in Chennai none of the MSOs have given any orders for boxes. Even in Kolkata, we are hearing that the state government was not consulted.

     

  • Digitization is going to be the biggest reform in broadcast sector: Ambika Soni

    By Shruti Pushkarna

     

    High drama ensued at the Assocham event inNew Delhias local cable operators (LCOs) flagged black ribbons at the Minister for Information and Broadcasting, Mrs Ambika Soni. The Minister was attending the 6th Annual Summit on Entertainment and Media organized by Assocham, Focus 2012: Digitization for Inclusive Growth. As the theme suggests, one of the primary issues discussed at the event was Digitization of Cable television.

     

    The LCOs were protesting against the recent tariff order issued by the Telecom Regulatory Authority of India (TRAI), which they claim is an unfair order against all small operators. Following the heated arguments between cable operators present at the event venue and the Minister, one of the cable operators, Sandeep Mcgee who is based inEast Delhithreatened to commit suicide in front of the Minister. Mrs Soni, however, tried to pacify the operators’ fraternity and asked them to file a formal letter with all their grievances against the tariff order and the regulator. She also promised to address their concerns and, if need be, raise the same with the regulator.

     

    Addressing the concerns of broadcasters on the carriage fee mentioned in the same order, Mrs Soni said that the government will consult all stakeholders before taking a final call on the regulations decided by TRAI under which the Multi System Operators (MSOs) are allowed to charge a carriage fee from broadcasters.

     

    Earlier, in her inaugural address, the Minister emphasized the importance of digitization for the entire industry and all stakeholders: “Digitization is going to be the biggest reform in broadcast sector and enable operators to expand their revenue sources by providing more choice and variety to customers. Digitization is imperative to tabulate subscriber base and reduce carriage fee. Digitization will also help reduce all human error in the process.”

     

    Defending the tariff order issued by TRAI recently, she said that the government indulged in exhaustive consultations with all stakeholders on all issues including the carriage fee, and the main aim of the new regulations had been to benefit the consumer. Mrs Soni said: “The TRAI tariff order makes the viewer the most important beneficiary; the choice will be with the viewer.” As for the broadcasters, she said digitization would help reduce the dependence on TRPs and bring in transparency where every broadcaster would be in a position to identify exactly how many people are subscribing to the channel.

     

    On the issue of media regulation, Mrs Soni said: “Let’s not condemn self-regulation per se because even though self regulation is a slower way of correcting things, it is still a surer way as it involves converting minds and hearts in the process.” She added that in the whole race to growth, the provisions of the Cable Television Regulatory Act were overlooked and it was a fault in the functioning of the government that the act had been ignored.

     

    On the issue of Paid News, she said that while it was the worst phenomenon that existed, it’s not as easy to detect paid news. She was responding to scathing criticism of the media by the Chairman of Press Council of India, Justice Markandey Katju in his keynote address at the same event.

     

  • Full report of Assocham ‘focus’ on M&E

    By Shruti Pushkarna

     

    Assocham organized the 6th annual summit on entertainment and media, Focus 2012, inNew Delhion May 4 where the topic in focus was Digitization for Inclusive Growth. The event began with a keynote address by the Chairman of Press Council of India, Justice Markandey Katju, who came down heavily on the media once again, in his address.

     

    Justice Katju referred to the role played by the European media between the 17th and 19th century. He talked about the sacrifices made by writers like Voltaire, Rousseau and Thomas Paine to uplift the society and help it convert from a feudal state to a modern society. He criticised the Indian media for promoting superstition in form of cheap astrology shows on news television channels all day instead of promoting rational and scientific ideas. He said: “The function of the media is to uplift the intellectual levels of citizens, but our media instead has stooped down to the level of Indians, of which 90 per cent are fools.” He said that in the race for TRPs, the television channels focus on entertainment which constitutes 90 per cent of programming and leaves only 10 per cent room for real issues to be telecast.

     

    Justice Katju urged media professionals to play a socially responsible role at a time whenIndia, likeEuropein the 17th century, is going through a transitional phase. He emphasized on the need to promote rational ideas in this period of transition in Indian history. He also emphasized on the need for regulation as opposed to self regulation. He said, “I am the greatest fighter for freedom for press and that’s why I am not recommending control but regulation. In control, there is no freedom but in regulation there is reasonable restriction in the public interest.”

     

    Self regulation is no regulation, he added: “You cannot have absolute freedom to harm society. There is need for regulation, and this regulation cannot be from the government, it has to be from an independent regulatory authority which has penal powers.”

     

     

    Broadcasting & Digitization: India Goes Digital- Challenges & Way Forward

    The session on broadcasting and digitization was chaired by Supriya Sahu, Joint Secretary (Broadband & Policy), Ministry of Information and Broadcasting. The session was moderated by Preet Dhupar, Director, BBC World,India. The panelists included Anthony D’Silva, Group CEO, Sun Group; Hemant Upadhyay, Advisor, VOICE; Jehangir S Pocha, CEO, INX News; Roop Sharma, President, COFI; Vishal Mahajan, Sr. Director, Yes Bank; Himanshu Patel, COO Videocon D2H; Ashok Mansukhani, President, MSO Alliance; Joy Chakraborthy, CEO, TV Today Network; Pulak Bagchi, VP, Star India and SM Khan, DG, DD News.

     

    During the discussion, Ms Sahu said that the work on digitization, especially Phase 1, which looks at the four metros, was on track and with help from all stakeholders the government should be able to push digitization to happen in time. She defended the TRAI tariff order: “It is a win-win situation for every stakeholder. The clear winner, of course, is the consumer.” She said that the cities were almost ready for digitization, the government had made good progress as far as procurement of set top boxes (STBs) is concerned and the only area that needs attention is the seeding of these boxes. She agreed that for the target date to be achieved, around 20-25 lakh STBs have to be seeded and that makes it 1 lakh STBs to be seeded every day.

     

     

    Representing the MSO Alliance, Mr Mansukhani congratulated the government on taking up the challenge of digitization. He agreed that there were some concerns and issues on which they will seek clarification from the TRAI. He reiterated the commitment to digitization on part of MSOs and urged newspapers and business channels to clearly present all points of view to the debate on digitization.

     

    Ms Roop Sharma, President, COFI expressed hers and the cable operators’ disappointment at order issued by TRAI. She claimed that the order was unfair to LCOs and will result in putting them out of business: “Regulator wants to be the controller of the industry…the role of the regulator is very bad. We are all for digitization, but we are unhappy with the revenue share that has been decided in the order.” She added that 60 days are too less to meet the challenges of digitization and it is unlikely that the sunset date for Phase 1 is achievable.

     

    Jehangir Pocha, CEO INX News shared the plight of the broadcasters with the panelists on the issue of carriage fee. He said that a channel like Times Now had to pay a carriage fee of Rs50-55 crore to reach the viewers. He said: “I can’t applaud this order. Those who applaud this regulation perhaps benefit from it. It is the first time in the history ofIndiathat carriage fee is legalized, institutionalized and not regulated.” He said that the government claims to have taken the views of all stakeholders involved but their views were taken only in theory and not in spirit.

     

    The TRAI in its recommendations stated: “Keeping in view the fact that substantial investment for implementation of Digital Addressable Cable TV Systems is made by the MSO and the cost involved in carriage of channels, the Authority has decided that every MSO may fix the Carriage Fee.” But Mr Pocha argued that why should a channel pay for MSO investment. He said he would like the government to issue a white paper that looks at the earnings of all players.

     

    Sun Group CEO Anthony D’Silva said that the need of the hour is to get down to the nitty-gritties: “The lessons learnt from DTH are applicable to any other digital system. We need to look at how the subscriber management systems will work, what are the service parameters and who’ll set up the call centres because that involves huge costs.” He added that the government needs to look at  digitization as any other infrastructure project and support it by whatever means, whether its tax holiday or any other subsidies.

     

    Pulak Bagchi, VP, Star India expressed a need to recognize the challenge government and the regulator had in thinking through the entire process of digitization and the fact that it’s difficult to make everyone happy. He said: “Government and regulator are out there to protect the public interest and not to add to company bottom lines. We entrepreneurs need to work out our own course.”

     

    Responding to the issues voiced by the various panelists, Ms Sahu said: “All concerns are genuine and we would try and address them as well as we can but please read the fine print to clarify some of the concerns.” As for cable operators, she said that if cable operators don’t move to digitization fast enough, they will be wiped out by competition from DTH.

     

     

    Films, Animation and VFX: Digital Cinema- Present and Future

    The session was moderated by Karan Ahluwalia, Executive VP, Yes Bank and the panelists included, Ramesh Meer, CEO The FX Factory; Sunaman Sood, Co-founder, Director, Acendo Capital Advisors; Siddhartha M Jain, Producer@iRock; Vishnu Patel, CEO-Special projects, UFO Moviez and Manoj Srivastava, CEO, Enternainmentt Society of Goa.

     

    Siddhartha M Jain of iRock started the discussion by talking about the paradigm shift occurring in cinema: “Low budget films without stars which used to be niche earlier are picking up. We’ve had hits like Ragini MMS and Vicky Donor. So there is huge investor appetite, provided you have the right content. The key lies in keeping the budgets low and using the latest technology.” He added that there is also a huge power shift happening from Bollywood movies to movies outside Hindi cinema.

     

    Sunaman Sood said that producers have now begun to treat regional cinema with some seriousness, realising its potential. But Manoj Srivastava added that there is no platform or agency in the country that promotes regional cinema well enough.

     

    Speaking of digitization’s benefits to cinema, Vishnu Patel said that digital technology has helped revive the industry which was otherwise on a decline. He said that regional cinema has also benefitted from digital technology because digitization has cut down the distribution cost in terms of prints. Now regional film producers can distribute their films better without having to worry about prints’ costs.

     

     

    Print Media: Challenges and Opportunities in Digital Age

    The session was chaired by Suprio Guha Thakurta, MD, The Economist Group India. The session was moderated by Vikas Mehta, VP & Executive Business Director, JWT Delhi. The panelists included, Sukumar Ranganathan, Editor, Mint; Vandana Das, President, DDB Mudra;Sudha Sarin,MD, Ipan Hill & Knowlton and Raghav Subramanian, COO, Lintas Initiative Media.

     

    Sukumar Ranganathan initiated the debate by making a strong point that print is here to stay: “We often look at the western trends to decide the future of print in the country but we forget that the dynamics of the western market are very different from the Indian market.” He said that Mint has never defined itself as a newspaper; rather it looks at itself as a ‘newsroom’. Talking about integration of content, he said: “We update a story online as soon as it breaks. We also use social media to amplify the news. And in the paper, we value add with analysis and so on. I think integration is key to what a newspaper needs to do to survive in a digital area.”

     

    Suprio Guha Thakurta echoed Mr Ranganathan’s views but he also emphasized on the fact that content for every platform needs to be looked at differently: “You can’t just cut and paste from print to online or any other device.” He added that The Economist, which at present has about 85 per cent of subscriptions from print, aims at converting these into at least 50 per cent in digital in the next two years.

     

    Raghav Subramanian said: “It’s not that print is going to go away but it’s being increasingly threatened by digitization. Print is slow as a medium and now with news all over the place, the tangible paper is eroding in terms of the first choice for the younger generation.”

     

    Concluding the debate, all panelists agreed on the need to integrate content across different media to reach out to consumers/viewers/readers at different touch points.

     

     

    Radio and Music: New Avenues for Revenue/ Social Media & Gaming: Creating New Markets

    The last two sessions on radio and gaming were merged into one discussion. The session was moderated by Uday Chawla, Secretary General, AROI and the panelists included, Anand Raj, Head- Non Traditional Revenue, Red FM; Geetanshu Anand, Head- Content, Mystica Music; Pallab Mitram Head- Consumer VAS, Tata Teleservices; Deepak Abbot, Head- Product, Zapak Digital Entertainment Pvt Ltd; Nikunj Jain, CEO, Inoxapps; Anshu Mor, Lead Entertainment & Media, Microsoft; CP Singh, CTO, Possible Worldwide; Akhilesh Saurikhia, Consultant, Department of Electronic and IT, Govt of India and Viraj Malik, CEO & MD, PK Online Ventures Pvt Ltd.

     

    Anand Raj of Red FM talked about alternate revenue avenues that radio stations can look at. He said that audio production is an unorganized market right now and if radio stations start looking at doing audio productions in-house, there is huge potential for revenues. He also pointed out initiative like the Mahabharata or Ramayana productions done by Fever and how radio stations can look at making money by selling productions like these to VAS mobile operators. Another area that radio stations haven’t exploited properly he said was social media. He said that radio can look at building communities on social media for commerce.

     

    Geetanshu Anand of Mystica Music said: “There is no lack of avenues for revenues; all we need to do is fill up the loopholes for revenues.” Radio industry, she said, plays a crucial role in promotion of music but when it comes to rights sharing then both radio and music companies get selfish and each wants a larger pie. She said that the need for the hour was to review the statutory licenses. She also said that it is important for radio to start promoting non-film music alongside film music.

     

    Talking about gaming and creating new markets for it, Anshu Mor of Microsoft said: “It’s important for us as an industry to change the concept of gaming and how we look at gaming.” He added that social media provides with an opportunity to promote the ‘Brand Me’ and hence plays a huge role in marketing.

     

    Viraj Malik added that mobile gaming is on a rise and will turn into a larger opportunity inIndiabecause mobile is fairly big in terms of reach and affordability. And this creates a huge opportunity for content and app developers, he said.

     

  • 58 Days to D-Day | Analysis: TRAI’s Tariff Order will make channels bleed more

    By A Correspondent

     

    In another major blow for TV channels, the Telecom Regulatory Authority of India’s (Trai) recent tariff order for digitization has a loophole that allows distributors to surreptitiously charge ransom-like placement fees from broadcasters. While this would be true for all tiers, it would be especially compounded in the Basic Service Tier (BST) where around 80 private free-to-air (FTA) channels are to be offered at Rs100 a month.

     

    This makes for a crippling double whammy for TV channels and makes the “must carry” proviso meaningless as Trai has also legitimized the usurious carriage fee racket which has turned multiple system operators(MSOs) and cable companies into the most profitable part of the Indian TV industry, even as it has bled nine-tenths of the TV channels into sickness.

     

    Over and above their other costs, TV channels annually pay over Rs3,500 crore as carriage fees alone, but collectively receive around Rs4,000 crore only of the approximately Rs20,000 crore paid by India’s viewers to cable companies and distributors.

     

    Trai’s own report had said that there was evidence of tax evasion in the cable industry while independent industry estimates have routinely put under-declaration by this cash-rich industry at a whopping four-fifths of its subscriber base – all of which allows for thousands of crores to be denied to the exchequer every year.

     

    According to an estimate, the government had lost around Rs5,950 crore in 2006-2011 in service tax alone due to under-declaration even as it posited the income tax evasion during this period at Rs17,413 crore, besides the loss of entertainment tax by states.

     

    In this situation, industry sources said, Trai’s move to force TV channels to pay carriage fees to distributors, ostensibly to enable them digitize their systems, was totally unacceptable. “There is no justification for robbing the already impoverished TV channels to pay the rich distributors, as they have had a favourable business model for years, and in any case, would reap the rewards of digitisation far more than any other segment of the TV business,” said an industry source.

     

    Adding that there was no justification for making the broadcasters pay for upgrading the infrastructure of the MSOs, they pointed out that upgradation was a one-time investment, but the carriage fees would continue to be an annual recurrence for broadcasters who, in any event, could not be suddenly made the medium to fund distributors.

     

    Broadcasters are especially aghast by this move as the prices of their channels are regulated and have been frozen for years, even as distribution costs have been allowed to rise unchecked in the garb of scarcity of bandwidth – problems which were supposed to have been addressed by digitization.

     

    Industry sources told ET that while they welcomed the Rs100 BST for 100 channels as being in consumer interest, there was a hidden minefield in the Trai tariff order that had come as a further shock. They said that the new order had no rules banning placement fees for channels in any tier, including the BST, and hence, this would again allow cable companies and distributors to fleece TV channels by demanding huge sums of money.

     

    Distributors already demand placement fee for placing the channel in a particular slot – by a process known as Electronic Programme Guide management. However, they had hoped digitization to end this malpractice.

     

    This problem is especially compounded, with the BST having only a restricted number of private free-to-air channels in its basket of 100 channels, compared to the large number of channels in the market place. As per the rule, at least five channels are to be carried in each of the following genres: movie, general entertainment, children’s content, news and current affairs and sports. This would allow distributors to cherry pick the minimum five channels in each genre and demand a huge placement fee to carry them since there are many more channels in each genre, language or market. In addition to carriage fees, this would be a crippling double whammy for broadcasters, sources specified.

     

    The solution, sources said, would be to increase the numbers of channels and also ensure an equitable, but not equal, split between genres, since there is a larger proportion of news channels to, say, sports channels.

     

    They also said that there was another burden in store for TV channels that Trai did not appear to have foreseen: Since every broadcaster would like to place its channel in the BST, the distributor could potentially subvert the letter and spirit of the Trai digitization order by fixing the carriage fee of the BST much higher than the carriage fee of its platform.

    CARRIAGE FEE

    Earlier, the News Broadcasters’ Association had slammed the Trai move to legitimize the ransom-like carriage fees charged by distributors, which have now been made a mandatory payment by all the broadcasters to the MSOs. Under this order, the MSO will not be bound to carry the channel of a broadcaster unless it pays carriage fees – which means that the broadcaster would have to pay carriage fees to the MSO to be carried on its platform – which would be decided solely by the MSO and would differ from MSO to MSO even in the same geography.

     

    Industry sources said legitimizing carriage fees could sound the death knell for small broadcasters, particularly the regional channels. The Trai move also goes against the concerns showed by the government for small regional channels. Information and broadcasting minister Ambika Soni, in a Parliamentary motion to discuss the Cable Television Networks (Regulation) Amendment Bill, 2011, had said: “This process of digitalization, I feel, would have a major impact on regional channels. They do not get on to national carriages. They cannot pay the high (carriage) fee. There are small channels catering to different states…”

     

    MUST CARRY

    However, the nub of the matter was that the evil of carriage fee would be abolished only if the capacity constraint was adequately addressed by mandating MSOs to increase their capacity to 999 channels instead of just 500 channels.

     

    India currently has around 800 registered channels available in the market and more are lined up for approval in the information and broadcasting ministry.

     

    Despite this, surprisingly, Trai has put the minimum number of channel at 200 for small distributors and 500 channels for large distributors, which frustrates the purpose of “must carry” as outlined in the regulation. “Assuming for a moment that every broadcaster is willing to pay the carriage fee declared by the MSO in its RIO, how is the MSO going to carry all the channels on its platform if it has no capacity to carry all the channels,” sources asked.

     

    They feared that the end result would be increased litigation between the broadcasters and distributors, thus potentially adversely affecting the smooth rollout of digitization. They said the situation can be salvaged only if Trai increases the numbers of “must carry” channels to atleast 500 channels by June 30 and 999 channels by January 1, 2013.

     

    Industry sources also pointed to other major systemic issues which the Trai order had failed to address.

     

    First, MSOs have been given the unfettered rights to decide the maximum retail price of the channels they carry- a move that would adversely affect both consumers and broadcasters as the MRP of the same channel could be different at the platform of every MSO. This would not only create confusion among the consumers, but would also increase the number of disputes apart from potentially allowing distribution platforms having their own channels a distinct advantage to manipulate for their own benefit. Sources said the solution to the peculiar situation was in allowing the broadcaster to have a say in fixing the MRP as is the right of manufacturers in all other sectors.

     

    Second, the freeze on the price of a TV channel – which had been introduced as a temporary measure – had not been lifted even after eight years. This has seriously affected broadcasters as many have not been able to recover their basic cost of operation. Given that there are more than 800 channels, with more in the pipeline, market forces should be allowed to play out.

     

    Source: The Economic Times
    Copyright © 2012, Bennett, Coleman & Co. Ltd. All Rights Reserved

     

  • [60 Days to D-Day] All stakeholders need to work together: Neeraj Sanan

    The Telecom Regulatory Authority of India (TRAI) issued new rules refurbishing the regulatory structure of the broadcasting, cable and DTH industry ahead of the digitization switch over in four metros, Delhi, Mumbai, Kolkata and Chennai from July 1. The order deals with issues such as channel availability, channel pricing, carriage fee and revenue sharing.

     

    Digitization is being seen as the game changer for the Indian TV industry, expected to bring a sea change for viewers, broadcasters and cable operators. The broadcasting industry is expected to see a growth in subscription revenue post digitization, as opposed to the present model where they depend largely on advertising revenue.

     

    As per the new guidelines, ‘The Broadcaster would enjoy ‘must carry’ provision from 1.1.2013 or 1.4.2013 as the case may be, for Hindi, English and channels in the regional language of the concerned area.’  In the order, TRAI has also addressed the much debated issue of carriage fee. The order states, “Keeping in view the fact that substantial investment for implementation of Digital Addressable Cable TV Systems is made by the MSO and the cost involved in carriage of channels, the Authority has decided that every MSO may fix the Carriage Fee. However, it should be published in the Reference Interconnect Offer and applied in a uniform, non-discriminatory and transparent manner. The Carriage Fee cannot be revised upward for a minimum of 2 years. The Authority would intervene in case it is felt that the Carriage Fee is unreasonable.”

     

    The regulatory has also prescribed the MSOs to increase their channel carrying capacity, stating that every MSO should have a minimum capacity to carry 200 channels by July 1, 2012.

     

    MxMIndia’s Shruti Pushkarna spoke to Mr Neeraj Sanan, EVP- Marketing and Distribution, MCCS to get his response on the Tariff Order and Interconnection Regulations for the Digital Addressable Cable TV Systems issued by TRAI.

     

    What’s your first response to the Tariff Order? Specifically the MCCS position?

    It is a reaffirmation of the government’s stated position and something that TRAI has been working towards for a long time.

     

    The TRAI observes that the Order will help profitability of channels. But carriage fee exists. Do you think your bottomline will be impacted in a positive way with this?

    The TRAI’s order will help all stakeholders move to a position of working in a structured manner. A well-run business can hope to get its deserved profit.

     

    Do you see the implementation happening in the four metros before July 1?

    I understand that a lot of intelligent people in well-run MSO and LCO organizations are working round the clock to make it happen. A key factor here will be for the government to continue to do what it has been saying. We shall all have to brace ourselves to a large surge in operational logistics at the last minute, but yes all this is surmountable.

     

    What are the marketing initiatives you are undertaking to ensure that you retain viewers?

    This is a challenge more for a distributor.

     

    Do you think the government is doing enough to promote the switch to digitization and explain the benefits to consumers?

    There is always something better we could do, but yes, government has been consistent in it’s thought. Now it is for all stakeholders, including all state governments to realize the prudence of digitization and work together to make it happen.

     

    Are there any areas of worry in the run-up to digitization (given that we have just 60 days to go)?

    No constructive business happens without risk and yes there are a lot of things that could go awry but if all players remain aligned, this is achievable. We should all realize that it is history being written everyday for distribution and we need to carefully tread this path.

     

  • [60 Days to D-Day] Digitization good for industry: Sahil Gupta, PWC

    The Telecom Regulatory Authority of India (TRAI) issued the Tariff Order and Interconnection Regulations for the Digital Addressable Cable TV Systems on April 30.

     

    Aimed at providing the viewers with a better viewing experience and maximum choice, digitization is being seen as the biggest change broadcast and cable industry in the country is set to witness. Television viewers will get to choose a minimum of hundred Free to Air (FTA) channels at a maximum retail price of Rs100, as per new tariff rules for Cable TV announced by TRAI.

     

    The order states: “The basic purpose of digitization is to ensure ample choice to the consumer as well as to enable him to budget his subscription according to his paying capacity. Accordingly, the Authority has mandated MSOs to carry a minimum of 500 channels from January 1, 2013. However, keeping in view that the smaller MSOs having less than 25000 subscribers may need some additional time for building the capacity, they have been given time up to April 1, 2013. Besides, to ensure that the consumer is not adversely affected, the Authority has prescribed that every MSO should have a minimum capacity to carry 200 channels from July 1.”

     

    In the new guidelines issues, TRAI has also addressed issues pertaining to revenue sharing between MSOs and LCOs, carriage fee paid by broadcasters, channel pricing and so on.

     

    Mr Sahil Gupta, Senior Manager, Tax and Regulatory Services, PwCIndia shared his analysis of the recent order with MxMIndia’s Shruti Pushkarna and how he sees digitization as a win-win for all.

     

    What is your view on TRAI’s Tariff Order? 

    It’s a pro-consumer directive. Consumers can now pay for what they want to see, unlike in today’s time when they purchase a bouquet which has unwanted channels as well. Hence a la carte selection works more cost-efficient for consumers.

     

    So do you see digitization as a win-win for all?

    Digitization per se is good for the industry – consumers get better quality reception, broadcasters can know their exact consumer base, which will help them realise full value from MSOscable operators (which gets under-reported in current times based on what subscription base the intermediaries disclose to broadcasters). Moreover, it helps in bringing addressability in the system.

     

    Do you think the government is serious about the July 1 deadline?

    The government is taking a lot of initiatives to push digitization – it has a stakeholders’ meeting every week or two weeks and is helping stakeholders migrate to the new system. They are thus doing their bit for helping meet the deadline of July 1.

     

    But on the ground we hear that there is much to be achieved?

    The infrastructure is what is taking time. The digital/upgraded set top boxes need to be procured and be ready for installation at the consumer’s end. Some MSOs/cable operators are looking at funding mechanisms for meeting these procurement needs, while others are working towards building a right procurement strategy for the same. All in all, the industry is gearing up for it and all stakeholders doing their bit.

     

    Your view on the guidelines for carriage fees in the Order?

    Carriage fee is what MSOs charge broadcasters for carrying their channels to viewers. Some element of arbitrariness gets reduced from this Order as it needs to be uniform and non-discriminatory across all broadcasters. The TRAI will step in if it’s unreasonable and this will help.

     

    And on pricing of channels?

    The limits on pricing mentioned in the order is aimed mainly at ensuring that channels, especially popular ones, are not priced high.

     

    There’s also a mention on the revenue sharing between MSOs and cable operators…

    There seems to have been certain disputes between MSOs and cable operators in regard to sharing of distribution revenues. Prescribing the revenue sharing formula, in absence of an agreement between them, will help and bring in transparency…