Tag: TRAI

  • TRAI seeks views on issue of new DTH licences

    By A Correspondent

     

    The Telecom Regulatory Authority of India (TRAI) has today released a supplementary consultation paper on Issues related to New DTH Licences.

     

    Earlier, in response to the Ministry of Information and Broadcasting (MIB) reference to the Authority, dated September 3, 2013, TRAI had issued a consultation paper on Issue/Extension of DTH Licences on October 1, 2013, seeking comments/ views of the stakeholders. The key issues discussed in the consultation paper pertained to the entry fee, bank guarantee and period of licence. Subsequently, during the consultation process, industry stakeholders requested the Authority that it would be in the interest of the sector that a comprehensive review of the existing DTH licence conditions be taken up. Accordingly, this supplementary consultation paper has been released wherein, amongst others, the issue of ‘control’, licence fee, migration fee and interoperability of DTH set-top-boxes have been discussed.

     

    As part of the consultative process, this supplementary consultation paper has been uploaded on the TRAI website (trai.gov.in), seeking comments/view of the stakeholders. Stakeholders have been requested to offer their views/comments latest by November 25, 2013.

     

  • TRAI releases consultation paper on issue/extension of DTH licence

    By A Correspondent

     

    Following, the Ministry of Information and Broadcasting’s reference to the Telecom Regulatory Authority of India (TRAI) seeking recommendations on certain terms and conditions for extension of DTH licence on expiry of the 10 years licence period, the regulator has issued a consultation paper. The key issues discussed in this consultation paper pertain to the entry fee, bank guarantee and period of licence.

     

    As part of the consultative process, the consultation paper has been uploaded on the TRAI website, seeking comments/ views of the stakeholders. Stakeholders have been requested to offer their views/comments latest by October 15, 2013. The comments may be sent, preferably in electronic form to: Wasi Ahmad, Advisor (B&CS), Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan, Jawahar Lal Nehru Marg, New Delhi 110002; on the e-mail address advbcs@trai.gov.in/ traicable@yahoo.co.in. Comments received will be posted on the website of TRAI. Full text of the consultation paper is available on TRAI’s website: www.trai.gov.in.

     

  • TRAI notifies amendments to DAS interconnection regulations

    By A Correspondent

     

    The Telecom Regulatory Authority of India (TRAI) has today notified amendments to the interconnection regulations applicable for digital addressable cable TV systems (DAS) and tariff order applicable for addressable systems.

     

    The amendments in the tariff order modify the ‘twin conditions’ that regulate the a la carte rate of channels vis-à-vis the bouquet rates at retail level, protecting the interests of the subscribers. It also clarifies the position that subscribers can either opt for channels on a-la-caret basis or bouquet or combination of both, as per their choice.

     

    Considering that adequate provisions/safeguards are already available in the Interconnection Regulations applicable for DAS, certain provisions have been omitted from these regulations. These pertain to prescription of a minimum channel carrying capacity of 500 channels for MSOs and prohibition regarding charging of placement fee by the MSOs. A proviso has been added to specifically bring in clarity that the MSOs cannot seek a channel from the broadcaster and seek carriage fee at the same time.

     

    The full text of the amendments is available on the TRAI website – www.trai.gov.in.

     

  • TRAI recommendations on guidelines for TV rating agencies

    The Telecom Regulatory Authority of India (TRAI) has released its guidelines for television rating agencies.

     

    The Ministry of Information and Broadcasting (MIB) had asked requested TRAI to provide its recommendations on issues related to guidelines/ accreditation mechanism for accreditation of television rating agencies in the country.

     

    Accordingly, TRAI issued a Consultation Paper on “Guidelines/Accreditation Mechanism for Television Rating Agencies in India” on April 17, 2013, seeking comments/views of the stakeholders. Open House discussions were also held on July 1, 2013. Based on comments received in the consultation process and its own analysis, the Authority has finalised its recommendations. The salient features of the recommendations are:

     

    i. The Authority supports self-regulation of television ratings through an industry-led body like Broadcast Audience Research Council (BARC).

    ii. To ensure that the shortcomings of the present system are addressed guidelines have been recommended.

    iii. Any agency meeting the eligibility conditions can apply and get registered with MIB for doing the rating work.

    iv. MIB to notify the guidelines for regulating the television rating agencies based on TRAI’s recommendations, within two months.

    v. All rating agencies are required to comply with the guidelines.

    vi. Guidelines to cover registration, eligibility norms, cross-holding, methodology, complaint redressal, sale & use of ratings, audit, disclosure, reporting requirements and penal provisions.

    vii. The number of panel homes for collecting television viewership data will be a minimum of 20,000; to be set up within 6 months of the guidelines coming into force. Thereafter, the number of panel homes shall be increased by 10,000 every year until panel size reaches 50,000.

    viii. The panel homes to be selected from a pool of households, selected through an establishment survey which shall be at least 10 times the number of panel homes for audience measurement.

    ix. Voluntary code of conduct by the industry for maintaining secrecy and privacy of the panel homes.

    x. Restrictions on ‘substantial equity holding of 10% or more’ between rating agencies and broadcasters/advertisers/ advertising agencies.

    xi. The rating agency to set up an effective complaint redressal system.

    xii. Data/reports generated by the rating agency to be made available, on paid basis, to all interested stakeholders in a transparent and equitable manner.

    xiii. The rating agency to get its entire methodology/processes audited internally on quarterly basis and through an independent auditor annually. All audit reports to be put on the website of the rating agency.

    xiv. Penal provisions for non-compliance of guidelines including financial penalty from Rs 10 lakh to Rs1 crore and cancellation of registration.

    xv. Six months time given to the existing rating agency to comply with the guidelines.

     

    Notes a communiqué: “Since 2008, the authority has been giving its recommendations/ clarifications on implementing a reliable and transparent television rating system. For over four years little to no progress has been made by the industry and MIB, in implementing the Authority’s recommendations aimed at institutionalizing a credible and transparent rating system. Since policy intent has not been translated into action for too long, the timeframe for implementation has now become a critical factor. Guidelines are designed to correct the aberrations in the existing system and prevent it from deteriorating further. Early implementation of guidelines, therefore, has become a necessity. As sector regulator responsible for overall development of the sector, the Authority cannot be a mute spectator to continued inaction and may suo motu intervene in larger public interest.”

     

    The full text of the recommendations is available on TRAI’s website at: http://www.trai.gov.in/WriteReadData/Recommendation/ Documents/FINALReco%2011Sept2013.pdf

     

  • Jaldi karo! MIB asks TRAI & Press Council to expedite comments on foreign investment limits

    By  A Correspondent

     

    The Ministry of Information and Broadcasting has requested TRAI once again to expedite its comments on the reference made earlier to the body regarding foreign investment limits in the Broadcasting Sector. In its communication to TRAI, the ministry has sought comments regarding the paper prepared by the Ministry of Finance relating to revision in existing FDI caps in the broadcasting sector. The paper had been forwarded to TRAI seeking its recommendations under Section 11(1)(a)(ii) & (iv) of the TRAI Act, 1997, which pertains to the terms and conditions of license to a service provider and measures to facilitate competition and promote efficiency in the operation of telecommunication services to facilitate growth in such services.

     

    In a similar separate communication, the ministry has requested the Press Council of India to expedite its advice on the existing sectoral caps of FDI in the print media, under Section 13 of PCI Act, 1978. The advice has been sought in view of the communication received from the Ministry of Finance which aims to review policy of sectoral caps of FDI in the print media. Section 13 authorizes PCI to express its opinion in regard to any matter referred to it by the central government.

     

    The paper proposes to raise the existing FDI cap of 26% which is through FIPB route to 49% through automatic route in the news sector. In the non-news sector, the existing FDI cap is 100% through FIPB route which has been proposed to be 100% through automatic route without the requirement of FIPB’s approval.

     

  • MIB seeks TRAI & Press Council views on FDI cap in TV & print

    By A Correspondent

     

    In response to the draft consultation paper of the Ministry of Finance on FDI caps in the Print and Broadcasting Sector, the Information & Broadcasting Ministry has sought the recommendations of TRAI for issues related to the broadcasting sector and has sought the comments of the Press Council of India for matters concerning the print media.

     

    As the process of consultations with both TRAI and PCI would take time, the ministry has communicated to Department of Industrial Policy and Promotion (DIPP) that the existing limits of FDI caps and entry routes in the print and broadcasting sectors may continue and status quo in the interim be maintained as prescribed in the consolidated FDI Policy 2013.

     

    Earlier, on receipt of the draft consultation paper on FDI Caps, the ministry undertook comprehensive consultations with stakeholders in the print and broadcasting sectors to elicit their views on the issues concerned. During the consultations, divergent views emerged leading to the issues remaining inconclusive. It may be pointed out that while the Indian Newspaper Society (INS) has sought additional time to give its comments, the News Broadcasters Association (NBA) has not furnished its comments till date. In view of the given position, the Ministry has felt that the matter be referred to TRAI and PCI for seeking their comments.

     

    According to a communique, since TRAI is the regulator for broadcasting and cable services, as in the past, it  needs to be consulted on account of the likely impact of the proposal is expected to have on the Broadcasting Sector as a whole. In September 2012, the foreign investment limits of various segments in broadcasting sector were revised based on TRAI recommendations. TRAI had gone through the due process of consultations with the stakeholders before it made its recommendations.

     

  • Ad cap effect: Rising customer satisfaction & ad rates

     

    By Ananya Saha

     

    Broadcasters have agreed to the toe the TRAI line on 10+2 minutes ad duration in a phased manner and fully with effect from October 1. Is it a good call? Will it impact the broadcast industry as the ad inventory comes down to almost half? What should be the broadcasters’ strategy to balance the revenue since it might take time for digitization benefits (subscription revenues) to shape up? MxMIndia asked industrywallahs what they think.

     

    PM Balakrishna, COO, Allied Media

    The regulation is certainly going to have an implication. There will be a huge change that the broadcast and media industry will have to make. The broadcast industry is skewed towards time bands, where prime time commands higher rates. With lack of ad space, the demand will see an increase. Price will become an issue. It is the medium that will start becoming a problem. At increased costs, the television medium will have to justify the cost to the clients. It is a preferred medium for many brands but with increased costs, they may start looking at other media options. It might create ripples.

     

    At the moment, brands and clients have not looked at it much. The industry is in the habit of not reacting till it lands on their head. But in the next one month, clients will start reacting. Going forward, a lot of advance booking will come into play. The move has been strategically placed around the festive time and hence may become chock-a-block. It will affect client and media agencies – we will have to plan much ahead.

     

    Punit Goenka, MD & CEO, Zee Entertainment Enterprises Limited (ZEE)

    Increasing rates – to keep pace with the increased reach of our media brands – is an on-going endeavour of the sales team. Now, in light of the TRAI directive, requiring us to reduce inventory which will enhance the overall viewing experience to a more engaged audience, the advertisers only stand to benefit multi-fold. So, with our advertisers getting a much better media proposition, the value for the same will also be at a premium. As such, our efforts to increase rates will only get further intensified. The extent of increase in rates will vary across genres and will be through a process of renegotiation of all contracts in a phased manner between July and October.

     

    Nina Elavia Jaipuria, EVP and Business head, Kids Cluster, Viacom 18 Media Pvt Ltd

    There are two implications of it: long-term and short-term. In the long term, it is good for all parties, including the advertisers, broadcasters, audience. It is a win-win situation in the long term, and it is important to keep that in mind when we look at the short-term implications. There is bound to a short-term pain for a long-term gain. The subscription revenues, to start showing results post-digitization, will have to wait. Ad revenues will fall. However, with limited inventory, the ad rates are bound to increase.

     

    The ad rates in kids category has not seen growth in a while. The only increase happens due to FCT or a new channel launch. Most of the growth has come from increased inventory, and it does not make sense since we tend to over-depend on it. With an increase in inventory, the ad rates do not go up. There, clearly, has been over-utilization by about 15-20 percent.

     

    We are looking at increasing ad rates by 25-30 percent. We have started working along with the clients and will comply with the deals and contracts. By the time October comes, we should be ready! However, this 10+2 ad cap assumes 100 percent usage of ad time, which might not be true especially in our category. So the ad rate increase will have to take care of it.

     

    Rahul Johri, SVP and General Manager – South Asia, Discovery Networks APAC

    Our core mission is to satisfy viewers with the highest quality and entertaining programming. We are equally committed to offer the maximum value to our clients who continue to appreciate Discovery’s networks’ efficient and effective inventory.

     

     

     

    Ashish Pherwani, Partner, Advisory Services, E&Y

    Basically, this regulation will have an impact on broadcasters. By reducing the available inventory, it will put pressure on ad revenues. Broadcasters will try to combat this in three ways: (a) reducing content cost (b) trying to increase ad rates and (c) trying to increase subscription income. Channels with a heavier skew towards prime-time advertisements will face a higher impact. What will be of interest to see is how advertisers react to the reduction in inventory available for prime-time shows.

     

    Shailesh Shah, Secretary General, Indian Broadcasting Foundation

    No one is being asked to, and no one is “toeing a line”. Every single broadcaster believes that advertising should be in line with the law enacted in the mid-1990s. There are no exceptions. Some believe this will happen naturally as consumers make choices; some believe it can be done in line with digitization. The zillion-dollar question has always been “by when”. None of the broadcasters are really ready for a fell swoop, however.

     

    Even though the law has been in existence for almost eight years (Advertising Code of the Cable Television Act), it never got enforced as the government probably felt a new industry needs to develop its roots before such a law can be enforced. The authority (aka government) apparently feels the roots have grown well and it is now time to enforce the law.

     

    Broadcasters formed a well-represented committee to find the least-resistant and least-harmful way to help make that happen. The transition it has worked out is best, under the circumstances.

     

    Will it hurt? Most certainly, in the short term it will be agony – to advertisers, to agencies and to broadcasters. On the flip side, it is an opportunity for the broadcasters to come together to ensure digitization is done completely and in a hurry so that the thus-far-elusive subscription revenue kicks in, alleviates the pain and, hopefully, makes it go away. Clearly, it will become difficult to survive if one is at the periphery of the industry or has not become relevant as yet. New entrants will find it difficult to get things going in the short term. Regional players will also face hardships. Over time, as alternative revenues come about, and the battle for lesser space intensifies, I believe the industry will find its new level.

     

    Advertising rates have always been addressed by market forces, and will most certainly continue to do so. Where the enforcement-related water-line settles is to be seen.

     

    The advertising inventory today is an average of just over 11 minutes per hour as measured from daily inventories. The inventory, where it matters, will come down, however, but much less than by half. In general, please understand that it has not been as bad as it is being made out to be.

     

    Here’s the irony. There are well over 60,000 local cable operators. No one in the Government has an estimate of more than 75 percent of these. There are close to a 1,000 MSOs. The Government knows about 60 percent of them. These distributors manage their own (mostly) local channels and, as if it were a cottage industry, are not regulated at all. It is estimated that there are well over 30,000 such television channels operated across the country and several of them produce and carry news too. In comparison, the broadcasters are licensed for just over 800 channels, operate just under 650 channels and quite a few are still reeling under the current economic circumstances.

     

    The broadcasters are the real Davids in all this and the distributors, who purport to catch a cold every time broadcasters sneeze, are the real Goliaths. I really have not understood what is being “regulated” as a result. The complex sagas of the world’s largest democracy are far more interesting than fictional dramas.

     

    To sum up, India needs to digitize at break-neck speed. The industry will hurt in the interim. The quintessential cultural undercurrent of the Indian populace and its businesses that says “this is my fate” will decide what really is the fate of the industry!

     

    Ashok Venkatramani, CEO, MCCS

    Eventually, it is a good thing – especially from the point of view of the consumer. However, the speed and abruptness with which it is being implemented is a serious cause for concern. It puts undue amount of pressure on a broadcaster who is yet to reap the benefits of digitization and is not sure how it will reflect on the revenues.

     

    In the long run, yes, it is good for everybody. It will put pressure on broadcasters like us to create much better content. And of course, it is healthy for the consumer.

     

    We are contemplating an ad rate increase, and will announce it very soon. An ad rate hike, when the regulation is being implemented abruptly, is inevitable.

     

    *Responses are in alphabetical order by last name

     

  • TRAI releases consultation paper on Cable monopolies

    By A Correspondent

     

    The Telecom Regulatory Authority of India (TRAI) has released a consultation paper on “Monopoly/ Market dominance in Cable TV services”. MIB has sought recommendations of TRAI on restriction to be imposed on Multi System Operators (MSOs)/ Local Cable Operators (LCOs) to prevent monopolies/accumulation of interest in order to ensure fair competition, improved quality of service, and equity.

     

    Notes a communique: “There are currently no restrictions on the area of operation and accumulation of interest in terms of market share in a city, district, State or country by individual MSOs and LCOs in the cable TV sector. It has been observed in some States that the majority of the cable TV network is controlled by a single entity virtually monopolizing the distribution of cable TV services in these States. Such monopolies/ market dominance may not in the best interest of consumers and may have serious implications in terms of competition, pricing, quality of service and healthy growth of cable TV sector.”

     

    The full text of the Consultation Paper is available on TRAI’s website www.trai.gov.in.

     

    Written comments on the consultation paper are invited from the stakeholders by June 24, 2013 and counter comments, if any, by July 1 2013. The comments and counter comments may be sent, preferably in electronic form to Rajkumar Upadhyay, Advisor (B&CS), Telecom Regulatory Authority of India, on the e-mail: rkupadhyay@trai.gov.in or traicable@yahoo.co.in.

     

  • TRAI extends deadline for inputs on TRP mechanism

    By A Correspondent

     

    The Telecom Regulatory Authority of India (TRAI) has extended the last date of written comments on ‘Guidelines/Accredition mechanism for Television Rating Agencies in India’ to May 23, 2013, and of counter comments by May 30, 2013.

     

    The key issues discussed in the consultation paper include: establishing an accredition mechanism for the rating agency; methodology of audience measurement; sample size; secrecy of sample homes; cross-holding between rating agencies and their users; complaint redressal; sale and use of ratings; disclosure and reporting requirement; audit and competition in rating services.

     

    On April 17, 2013, MIB had sought recommendations of TRAI for laying down comprehensive guidelines/accredition mechanism for TRP rating agencies in India to ensure transparency and accountability in the rating system.

     

  • TRAI seeks views on TV ratings guidelines, accreditation

    By A Correspondent

     

    The Telecom Regulatory Authority of India (TRAI) has released a consultation paper on ‘Guidelines/Accreditation Mechanism for Television Rating Agencies in India’. The Minisgtry of Information and Broadcasting MIB has sought TRAI’s recommendations for laying down comprehensive guidelines and an accreditation mechanism for TRP (Television Rating Points) rating agencies in India to ensure transparency and accountability in the rating system.

     

    A release from the TRAI said that since TRP ratings indicate the popularity of a channel or a programme and assists advertisers, broadcasters and advertising agencies in making business decisions. Better ratings would promote a programme/channel while poor ratings will discourage a programme/channel or content. Incorrect ratings will lead to production of content which may not be really popular while good content and programmes may be left out. Therefore, there is a need to have an accurate measurement and representative television ratings for the programmes.

     

    The importance of a credible, transparent and representative television audience measurement system is recognized the world over. At present television rating in India is being done by only one agency and issues related to credibility and transparency of the ratings services in India has been raised by certain stakeholders.

     

    The key issues discussed in the consultation paper pertain to:

    Establishing an accreditation mechanism for the rating agency

    Methodology of audience measurement

    Sample size

    Secrecy of sample homes

    Cross holding between rating agencies and their users

    Complaint redressal

    Sale and use of ratings

    Disclosure and reporting requirement

    Audit competition in rating services

     

    Written comments are invited from the stakeholders by May 9, and counter-comments by May 16.

     

  • Digitization Phase 2: TRAI releases draft tariff orders

    By A Correspondent

     

    The Telecom Regulatory Authority of India (TRAI) has released draft tariff orders prescribing a standard tariff package (STP) for Set Top Boxes (STBs) for Digital Addressable Cable TV Systems (DAS) and Consumer Premises Equipments (CPEs) for Direct to Home (DTH) services, seeking comments of the stakeholders.

     

    In Digital Addressable Systems, customers need a STB/ CPE to be connected with the TV set for reception of TV programmes as signal transmission is in digital and encrypted form. Since different technologies co-exist, within as well as across different platforms of Digital Addressable Systems, the STBs/CPEs deployed by one operator may not be fully compatible with the network of another operator, hampering effective migration of the customer from one service provider to another.

     

    To protect the interests of the consumers the TRAI has decided to prescribe Standard Tariff Packages for STB/CPE on rental basis, which are to be mandatorily offered by the service providers, ie DTH and cable operators. Written comments on the draft tariff orders are invited from the stakeholders by April 26.

     

    In another notification, Ministry of I&B has said that 15 of the 38 cities have achieved nearly 100 percent digitization and 85 percent of the digitization target achieved during Phase II of DAS has been implemented.

     

    In three states, Karnataka, Andhra Pradesh and Gujarat, stay orders have been given by High Courts on the switch-off of the analogue signals, till further orders. The process of digitization, however, in other cities is in full swing. MSOs have reported that there is huge demand for STBs which is being met by increased supply of STBs by air lifting of STBs.

     

    Nodal Officers have reported to the Ministry that in 5 states, Maharashtra, Punjab, Rajasthan, West Bengal, Haryana and Union Territory of Chandigarh, analogue signals have been completely switched off.

     

    In the last one month alone about 40 lakh STBs have been installed in Phase II cities.

     

    Separately, TRAI has been convening meetings of broadcasters, MSO and cable operators to sort out issues pertaining to agreements and service conditions.

     

    The objective of the entire exercise is to implement the process in a seamless, sustained yet sensitive manner that causes the least amount of disruption to the consumer. Further, the Ministry has advised MSOs to exercise utmost caution so that least amount of inconvenience is caused to subscribers/consumers. Wherever necessary the process has been implemented in a circumspect way so as to ensure that consumers can get access to STBs, said a release from the TRAI.

     

  • IBF asks for withdrawl of TRAI notification on ad duration

    By A Correspondent

     

    The Indian Broadcasting Foundation (IBF) is deeply concerned about the Telecom Regulatory Authority’s notification which will force television broadcasters to a maximum of twelve minutes of advertising in every hour of broadcast.

     

    Like several industries that continue to reel from the after-effects of the global economic recession, India’s television broadcasting industry has been suffering too. The industry is largely dependent on advertising revenues for its economic sustenance. IBF has been working with TRAI over the last several months to arrive at a way forward on the quantum of advertising duration. Its fundamental stance has always been to self-regulate, aligned with globally practiced standards.

     

    According to the official statement issued by IBF, the trickle back effect from the first stage of digitization is yet to begin. Carriage fees introduced in 2008 remain a burden, especially for the more than 500 smaller channel operators. Cable TV tariffs remain frozen at 2005 rates. HD TV and pay channel revenues are just about beginning to happen and will take time to start providing economic value. These factors need concomitant addressing. Regulation on just advertising minuteage will have a severe impact on the survival of the broadcasting industry from amputation of a critical arm of the fourth estate.

     

    IBF has called for withdrawal of the notification and re-initiation of a participatory dialogue that helps make self-regulation of advertising minuteage in line with global standards a reality. None of the industry players are in disagreement with the overall objective of the notification. The staging of doing this has to be in line with economic sustenance of the broadcasting business and is best aligned to the full value of digiti zation becoming a reality.