MxMIndia

Tag: TDSAT

  • The TDSAT ruling landing and BARC’s compliance has sent shockwaves in the industry. A quick view

    Landing Blues for some Broadcasters

     

    By A Correspondent

    In the past, whenever the issue of Landing Pages and Dual LCNs has been raised, MxMIndia has been of the view that both are legitimate marketing practices. It’s like a supermarket. A new detergent powder make take rack space upfront and across the shop to gain the attention of consumers. It may also take rackspace where other detergent brands are placed. And it may also take space where fabrics and readymades are being sold.

     

    You don’t think there’s anything wrong with all of this when it concerns products at a supermarket. You also don’t think twice when the new product takes some 200 outdoor sites to promote itself.

     

    The company has the money, it wants to invest in promotional activity (or blow it up, as many may see it) and reap rewards. Fair activity, right?

     

    So what’s wrong if the same is done in broadcast? It’s been done openly and clandestinely for a while. But when a broadcaster indulges in it, others rubbish it and even tell the gullible in the trade media and various others that it’s an inorganic (and hence incorrect) way of boosting salience.

     

    MxMIndia has not fallen prey to carrying these assertions of various players. Very few broadcasters, we are told, do not deploy this marketing strategy. Simply, put, sab ‘doodh’ mein dhule hue hain. Adulterated doodh, is how one news channel official called it.

     

    For a while, telecom and broadcast regulator TRAI has looked down upon landing and Dual LCN as a near-illegitimate activity. Broadcasters who are paying for viewership are indulging in an unfair trade practice, is the refrain, though not in so many words.

     

    Obviously, not everyone was happy with this view of TRAI. Prudish and regressive, it was being called.

     

    Last week, TDSAT, the law-makers of the telecom and broadcast world, decided – post a filing by a broadcast network – that TRAI’s diktat was incorrect. And also that the landing page signals can carry the watermarking to facilitate measurement by BARC.

     

    Now, here’s where the trouble started. BARC, which in most cases takes slow, steady and considered decisions on everything rushed into implementing the TDSAT ruling. Result: starting Week 22 (that’s the ratings released yesterday, June 6), the viewership includes those boosted by landing and whatever else.

     

    According to information received, BARC officials were not called in for the TDSAT hearings, which we think is unfortunate as the all-important perspective of a joint industry body could have been heard. BARC is a joint industry body, though owned 60 per cent by broadcasters, and there are some who believe that a section of powerful broadcast ecosystem biggies could have gotten BARC to act so swiftly.

     

    Broadcasters who this writer spoke with are up in arms with BARC and are planning to not just challenge the TDSAT ruling, but are also mulling to take BARC to court and question its action.

     

    Landing and Dual LCN may be legitimate marketing activity, but the channels aired on landing and Dual LCN should not be watermarked is the belief. Alternatively, BARC must report these separately. The rationale: let a marketing activity be left for marketing and promotions. Viewership of a channel that’s viewed for marketing should not be counted in the viewership.

     

    Also, the view is that cable operators/MSOs/DTH players who allow for ‘landing’ must ensure that a viewer/subscriber should be able to switch a channel instantly.

     

    In the forefront of this anti-landing page ruling and BARC auto-compliance is a powerful lobby from amongst news broadcasters.

     

    And until things change, the ecosystem is going to be fuelled by truckloads of monies. Paisa feko, viewership badhao.

     

    There is never a dull moment in the Indian media. Including for those tracking it.

  • With TDSAT dismissing the broadcaster plea against the TRAI ruling on the 10+2 mins ad cap, the News Broadcaster Association and music channels are reported to getting set to approach the High Court on the issue.

    News, music channels to petition High Court on 10+2

    By A Correspondent

     

    With the Telecom Disputes Settlement Appellate Tribunal (TDSAT) dismissing the pleas of broadcasters against the TRAI ruling on the 10+2 minutes ad cap given the Supreme Court ruling that it (the TDSAT) cannot hear cases challenging TRAI regulations, the News Broadcaster Association and music channels are reported to getting set to approach the High Court on the issue.

     

    Although an NBA member we spoke with wouldn’t come on record, the decision on approaching the High Court had been taken immediately after the Supreme Court decision as the TDSAT decision of dismissal was imminent.

     

    However, given that the TRAI’s 10+2 regulation is in force, there is an urgency to file petitions in the High Court. News and music channels believe that the ad curtailment regulation will drive them out of business, and while they are in broad agreement of bringing down the ad duration, they believe 10+2 minutes is unachievable.

     

  • The TDSAT has stayed the implementation of the ad cap regulation, which will make it compulsory for broadcasters to limit total advertising in a clock hour to 12 minutes, till the next date of hearing on November 11, 2013

    TDSAT stays ad cap on broadcasters till November 11

    By A Correspondent

     

    The TDSAT has stayed the implementation of the ad cap regulation, which will make it compulsory for broadcasters to limit total advertising in a clock hour to 12 minutes, till the next date of hearing on November 11, 2013.

     

    The tribunal further instructed TRAI not to take any coercive steps under these regulations against any broadcaster till such date. The matter was contested by the News Broadcasters Association (NBA) after TRAI moved for prosecution of 17 broadcasters for breaching the cap.

     

    While the TRAI referred to the commitment made by broadcasters to adhere to a interim ad cap of 20 minutes and 16 minutes for news and non-news channels, respectively, and submitted that if the TDSAT stayed the amended Quality of Service Regulations, broadcasters would breach this understanding and begin violating the ad cap, NBA contested that it had made no such commitment to TRAI and that no prosecution could be launched on such private arrangements.

     

    NBA insisted to the TDSAT that TRAI had only a recommendatory role to play and this was evidently made clear in the information and broadcasting ministry’s notification of 2004 when broadcasting services were brought under the ambit of telecommunication services.

     

    TDSAT chairman Justice Aftab Alam said TRAI had wrongly assumed that its action of prosecution was beyond criticism. He was disappointed at the manner in which it moved for prosecution without giving chance to broadcasters to seek interim relief. In his opinion, the regulations had to be tested on the anvil of Article 19 (1) (a) and (g) of the Constitution and a mere commitment from industry bodies should not be made estoppels on others.

     

    He said that distinction between news and non-news must be made in this context.

     

    Source:The Economic Times

    Copyright © 2013, Bennett, Coleman & Co. Ltd. All Rights Reserved

    Licensed to republish

     

  • MxMIndia gets you reactions from industry stakeholders on the government's decision to postpone the digitization deadline for Phase I to October 31, 2012

    Can we achieve the October 31 deadline?

     

    By Shruti Pushkarna

     

    Under mounting pressure from various stakeholders, the government announced an extension of four months for the first phase of digitization of cable television. Digital Addressable System (DAS) will now be effective from November 1 in the four metros, Delhi, Chennai, Kolkata and Mumbai.

     

    A press release issued by the I&B Ministry read: “The Cable Television Networks (Regulation) Amendment Act, 2011 has made it mandatory for switchover of the existing analogue Cable TV networks to Digital Addressable System (DAS) by December 2014, in a phased manner. In respect of four metros of Delhi, Mumbai, Kolkata and Chennai, the digital switchover is mandated to be completed by 30th June 2012.”

     

    But towards the end in the press note, the ministry acknowledged that keeping ground realities in mind, the MIB is compelled to set a new deadline. The statement reads, “…keeping in view public interest and after intensive and extensive consultations, as well as written commitments from all the stakeholders, for fully implementing the regulations of TRAI, the Ministry of Information & Broadcasting has decided to modify the 30th June deadline for a complete switch over to 31st October 2012 for all four Metro Cities i.e Delhi, Mumbai, Chennai and Kolkata. All the TRAI regulations for DAS will come into effect from 1st November, 2012.”

     

    The extension was announced notwithstanding the pending matters before the Delhi and Bombay High Courts and the TDSAT. The Bombay High Court will hear the petition on June 21 and the Delhi High Court will hear the matter on June 25, which is also the date when TDSAT will hear a similar matter filed by LCOs and IndusInd Media & Communications Ltd.

     

    Soon after the announcement of the new sunset date, MxMIndia spoke to various stakeholders to get their reactions on the new timeline and to find out if October 31 is an achievable deadline. While some welcomed the government’s decision for postponement to November 1, others felt that the extension issued by the ministry is not enough for the humongous task at hand.

     

    MSOs welcome the govt’s decision, though some still unsure of achieving the deadline

    Ashok Mansukhani

    Ashok Mansukhani, Director, IndusInd Media & Communications Ltd said: “I think it’s a sensible development and it will help in smooth transition to digitization. The new date is completely achievable, it was fully discussed in the taskforce. I don’t know about Tamil Nadu since the government there is supposed to install the set top boxes but for the other three metros, certainly it will happen. It’s a welcome step and it was fully discussed in the taskforce and it’s a natural result of the taskforce deliberation.”

     

    JS Kohli, CEO, Digicable said: “We are happy with the postponement. Although it’s not a six month extension but yes we can deliver on the new date. We are satisfied with the extension.”

     

    JS Kohli

    Ravi Gupta, Independent MSO, Delhi said: “The new sunset date is good although it is two months less than what we were expecting. They should have given a six months extension, I still don’t think we can achieve the task by November 1. A lot of digital headends are under installation and integration is what takes time. I don’t think anyone from the ministry has done a detailed study of this process. No senior official from the ministry or from the TRAI has visited a digital headend. A minimum of six months extension should have come.”

     

    LCOs happy with the extension but feel four months not enough

    MR Srinivasan, General Secretary, Chennai Metro Cable TV Operators Association said: “It is good in a way because we are not yet ready because in Chennai only 2 lakh boxes are available. But now atleast we have some breathing time. Moreover, the government of Tamil Nadu is planning to start some MSO operation in Chennai, so it’s some relief and we have some time to plan ahead and be ready before the sunset date. Actually we expected an extension upto December but atleast we have got a slight relief, something is better than nothing.”

     

    Sanjay McGee, Local Cable Operator, East Delhi said: “Although it’s a good decision, in the last meeting between LCOs and I&B Ministry, Rajiv Takru agreed that four months extension was not enough. At first the ministry refused any extension, but when we urged on atleast three months extension, Rajiv Takru stated that if there has to be an extension then take atleast six months. But they have taken a middle path and decided on four months. They shouldn’t have announced the extension at this point, they should have waited till June 29. Now the consumer will not take the deadline seriously and the pace will slow down. If we keep working at the same pace as of today, then we might be able to achieve the new deadline.”

     

    Swapan Chowdhury, General Secretary, Cable & Broadband Operators’ Welfare Association, Kolkata said: “I am not satisfied because four months will not cover up the whole situation. Government might have given an extension but they have not considered any facts and figures. I say that because 70 per cent in Kolkata still don’t have set top boxes (STBs), so four months are not enough for deployment of such a huge number of STBs. It will not even happen on November 1. Maybe another 20 or 30 per cent seeding will be done up till the new date but what about the remaining numbers. In the June 8 meeting with the I&B Minister it was categorically mentioned that none of the government appointed nodal officers have checked the actual seeding position or the status of ordered material. Unless and until the government studies the ground situation deeply it will again fall back. The actual facts are different from what’s being presented on paper. They should have given an extension upto atleast Jan 1.”

     

    Broadcasters disappointed with the postponement, suggest on strict penalties for those who don’t adhere to the timelines

    Sunil Lulla

    Sunil Lulla, Managing Director & CEO, Times Television Network said: “It’s a complete disappointment. What is the guarantee that the new date will be held, when there is a date set by law, why should the date be changed? A lot of time, money and effort has gone by broadcasters in promoting and communicating the date and making sure consumers went along. The industry and the consumer suffers because there are some parts of the entire constituent which may not have adhered to these deadlines, may not have implemented the seeding of the boxes. This was announced on the net through a press release, the government hasn’t really notified us. I think it would have made sense for them to invite all stakeholders and agree on a new date if there was to be one and to a process by which these date wont slip.”

     

    Rahul Sood

    Rahul Sood, Head- Network Distribution & Affiliate Sales, NDTV said: “Basically LCOs were pushing for a Jan 1 timeline and broadcasters were saying that if you have to give an extension, it should be only for three months. So I guess they have taken a middle path by extending it upto October 31. The TRAI guidelines which came out on April 30 were such that within six months there has to be implementation of the same. I think that’s the loophole that MSOs and LCOs were quoting and asking for a minimum six months extension. So keeping all that in mind, I think ministry has taken this step. But if as an industry we have this discussion again on October 20, then it’s a real shame. There should be no excuses now, timelines have been extended, now there has to be a joint willingness to from all stakeholders to make sure this happens. While they have issued this date change, I think with that strict penalties and penalization code should be put in place as well for those who don’t adhere to the new timelines.”

     

    An independent commentator says new sunset date ill-conceived

    Dinyar Contractor

    Dinyar Contractor, Editor and Executive Publisher, Satellite and Cable TV Magazine said: “This is not going to work, this date is ill-conceived. There is no way that set top boxes can be procured and deployed in that timeframe even if the order is released today. As I’ve mentioned earlier, delivery time on set top boxes alone is around four months so this extension makes no sense except postponing one more extension. Any date prior to end of December is not realistic and is not going to resolve the problems or the issue, which is obtaining and deploying set top boxes. So I feel that the extension is inappropriate.”

     

  • TDSAT stays TRAI directives on ad duration, next hearing on July 17

    TDSAT reprieve for broadcasters, stays TRAI’s ad duration rule

    By Shruti Pushkarna

     

    The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has stayed the Telecom Regulatory Authority of India’s (TRAI) notification to limit the duration of ads to 12 minutes per hour. The case will come up for hearing next on July 17.

     

    The TDSAT stay comes is a relief to broadcasters who slammed the TRAI’s move to limit the duration of ads on their networks. Uday Shankar, President of Indian Broadcasting Foundation (IBF) and CEO of Star India has confirmed the development to MxMIndia.

     

    In an earlier statement, Mr Shankar had said, “TRAI has no jurisdiction in the subject. Advertising is governed by the Cable and Satellite Act and the appropriate authority is with the ministry of information and broadcasting. The regulator is overstepping its brief.”

     

    Speaking to MxMIndia after the stay order by TDSAT, Mr Sunil Lulla, Vice-President, IBF and Managing Director & CEO of Times Television Network said, “Since the stay is only for a month, there’s another hearing coming up. It’s not appropriate for us to comment when it’s work in progress. As for our stand on the ad cap issued by TRAI, our stand is well known and it won’t change.” Mr Lulla, who is also on the Board of Directors of the News Broadcasters Association, had criticized the TRAI’s decision on limiting the duration of ads, in the past. He said, “This move is completely ridiculous. Self-regulation is the best regulation.”

     

    Broadcasters believe that low revenues from subscription leave them no option but to rely heavily on revenues from advertising. However, there is a large section of media professionals and consumer organizations which which believes that broadcasters have misused the leeway given to them so far, and the number of ads screened at peak hours mars the viewer experience.