Let us understand what the TRAI regulations mandate to broadcasters, distributors and last mile operators (LMO)…
Whether Broadcaster, Distributor, Last Mile Operator (LMO)…
Broadcaster’s Role
Distributor and last mile operator (LMO)
Network Capacity Fee (NCF)
Distributor has to declare NCF per month for customer, conditions are-
Quality of Service Regulation
BACKGROUND
What were these Regulations? To quote a few,
These Regulations were immediately challenged before the Madras High Court by Star India and Vijay Television. The primary basis for the challenge was the lack of authority of the TRAI to issue such regulations or orders under the TRAI Act, 1996.
The case was that the TRAI Regulations amounted to regulation of contents of the channels. The TRAI, in exercise of powers under Sections 11 and 36 of TRAI Act, can regulate only carriage or means of transmission, but cannot regulate content. The content of their programmes/broadcast is covered and controlled solely by the Copyright Act 1957, which recognised two distinct rights, one being copyright and the other being broadcast reproduction right (BRR).
A division bench of the Madras High Court delivered a split verdict, with one judge striking down a majority of the clauses in the Regulations and the Tariff Order under challenge, while the other judge upheld them as being in line with the TRAI Act. The case was referred to a third judge of the Madras High Court, who arrived at the same conclusion as the latter judge and held the Regulations and the Tariff Order to be valid. Aggrieved by the judgment of the Madras High Court, Star India preferred an appeal before the Supreme Court.
The legal basis for this submission was that programmes aired/beamed in their television channels have content which is either created by appellants themselves or procured from third parties at a huge cost and such content is governed solely by the Copyright Act.
After hearing a battery of Senior Advocates – Dr A M Singhvi and P Chidambaram for broadcasters, Rakesh Dwivedi and Vikas Singh for TRAI, KV Vishwanathan for Multi System Operators (MSOs), Shyam Divan for direct-to-home (DTH) operators and Krishnan Venugopal for consumers, the bench dismissed the Appeals.
The Supreme Court adjudicated the issue in the light of the objective of the TRAI Act, which was to harmonise interests of service providers and consumers. It was held that no constricted meaning can be given to the provisions of this Act and that the power to regulate has to be construed widely to advance the objectives of the Act.
It was also noted that one of the functions of the Authority, though recommendatory, is to “facilitate competition and promote efficiency in the operation of telecommunication services (which includes broadcasting services) so as to facilitate growth in such services”. It was also notice from Section 11(1)(b) that terms and conditions of interconnectivity between different service providers have to be fixed, which necessarily included terms that relate not only to carriage simpliciter but also to all terms and conditions of interconnectivity between broadcaster, MSO, Cable TV operator and the ultimate consumer.
The Court expressed the view that TRAI will prevail over Copy Right Act to the extent royalties/compensation payable to the broadcasters under the Copyright Act are regulated in public interest by TRAI under the TRAI Act.
https://www.moneylife.in/article/ho...able-tv-and-dth-from-29th-december/55964.html
Whether Broadcaster, Distributor, Last Mile Operator (LMO)…
- All channels should be offered on a-la carte basis.
- Free to air channels cannot be part of bouquet.
- The prices of bouquets and a la carte channels will be uniform on all the distribution platforms.
- Distributor has to offer a basic service tier pack (BST) consisting of FTA channels.
- This BST pack will have minimum 100 FTA channels.
- In this 100 FTA channels 26 channels from Doordarshan are mandatory.
- BST should contain minimum five channels of each genre like general entertainment channel (GEC), movies, kids, music, sports, news, infotainment, devotional, miscellaneous.
Broadcaster’s Role
- Every broadcaster must declare each channel as a pay channel or FTA channels.
- The MRP must be more than Zero and shall be the same on all the platforms (MSO, DTH, HITS & IPTV)
- Price of every pay channel shall be same throughout India, which effectively does not permit regional pricing of channels.
- If MRP exceeds Rs19, the channel cannot be offered in any bouquet but will be stand alone on a la carte basis.
- A broadcaster’s pay channel bouquet cannot include FTA channels.
- Broadcaster shall offer maximum of 15% of MRP as incentive.
- Broadcaster can give promotion offer for maximum 90 days at a time.
- Promotional offer can be offered twice in a calendar year.
Distributor and last mile operator (LMO)
- All bouquets offered by broadcasters must also be offered without modification, at the price declared by each broadcaster.
- Distributor can create bouquets by combining pay channels from different broadcasters.
- Distributor cannot create a bouquet of pay channels plus FTA channels.
- Package of 100 FTA channels is different. Distributor can form bouquet with a combination of FTA channels from different broadcasters.
- All channels must also be offered a la carte basis.
- Both of them has to sign interconnect agreement for revenue sharing on mutually agreeable percentage share.
- If they both do not reach an agreement then recommended revenue share will be distributor at 55% and LMO at 45%.
Network Capacity Fee (NCF)
Distributor has to declare NCF per month for customer, conditions are-
- Network capacity fee for first 100 channels should not exceed Rs130.
- After these 100 channels the NCF will be Rs20 for a slot of every 25 channels.
- For calculation of one standard definition (SD) channel is counted as one & one HD channel is counted as two SD channels.
- Distributor cannot charge subscriber any amount other than NCF for subscribing to FTA channels or bouquet of FTA Channels.
Quality of Service Regulation
- Every Distributor must have a website and toll free customer care number.
- Each consumer’s unique identification number must be mentioned in the bill.
- Consumer must be informed about MRP, NCF, customer premised equipment (CPE), security deposit, rentals, warranty and ownership of premised equipment.
- Must obtain a completed consumer application form.
- Onetime installation charges for new subscribers cannot exceed Rs350.
- Onetime activation charge cannot exceed Rs100.
- Consumer to be refunded on a pro-rata basis in case a channel is withdrawn by the broadcaster.
- Consumers can request temporary suspension of service up to three months, every year. Only CPE rental is applicable during this period.
- Reactivation fee cannot exceed Rs25 for active and Rs100 for inactive subscribers.
- Consumer must receive three days prior notice for preventive maintenance.
BACKGROUND
- The Regulations and the Tariff Order were notified by the Telecom Regulatory Authority of India (TRAI) on 3 March 2017.
What were these Regulations? To quote a few,
- It prevented the mixing of pay channels and free to air channels in a single bouquet.
- The Regulations restricted placing high definition (HD) format and ordinary (SD) format of the same channel in the same bouquet.
- Another restriction was that bouquet of pay channels should not contain any pay channel where the MRP is more than Rs19.
- There are some other caps, which say that discounts of MRP of a bouquet should not exceed 15%.
These Regulations were immediately challenged before the Madras High Court by Star India and Vijay Television. The primary basis for the challenge was the lack of authority of the TRAI to issue such regulations or orders under the TRAI Act, 1996.
The case was that the TRAI Regulations amounted to regulation of contents of the channels. The TRAI, in exercise of powers under Sections 11 and 36 of TRAI Act, can regulate only carriage or means of transmission, but cannot regulate content. The content of their programmes/broadcast is covered and controlled solely by the Copyright Act 1957, which recognised two distinct rights, one being copyright and the other being broadcast reproduction right (BRR).
A division bench of the Madras High Court delivered a split verdict, with one judge striking down a majority of the clauses in the Regulations and the Tariff Order under challenge, while the other judge upheld them as being in line with the TRAI Act. The case was referred to a third judge of the Madras High Court, who arrived at the same conclusion as the latter judge and held the Regulations and the Tariff Order to be valid. Aggrieved by the judgment of the Madras High Court, Star India preferred an appeal before the Supreme Court.
The legal basis for this submission was that programmes aired/beamed in their television channels have content which is either created by appellants themselves or procured from third parties at a huge cost and such content is governed solely by the Copyright Act.
After hearing a battery of Senior Advocates – Dr A M Singhvi and P Chidambaram for broadcasters, Rakesh Dwivedi and Vikas Singh for TRAI, KV Vishwanathan for Multi System Operators (MSOs), Shyam Divan for direct-to-home (DTH) operators and Krishnan Venugopal for consumers, the bench dismissed the Appeals.
The Supreme Court adjudicated the issue in the light of the objective of the TRAI Act, which was to harmonise interests of service providers and consumers. It was held that no constricted meaning can be given to the provisions of this Act and that the power to regulate has to be construed widely to advance the objectives of the Act.
It was also noted that one of the functions of the Authority, though recommendatory, is to “facilitate competition and promote efficiency in the operation of telecommunication services (which includes broadcasting services) so as to facilitate growth in such services”. It was also notice from Section 11(1)(b) that terms and conditions of interconnectivity between different service providers have to be fixed, which necessarily included terms that relate not only to carriage simpliciter but also to all terms and conditions of interconnectivity between broadcaster, MSO, Cable TV operator and the ultimate consumer.
The Court expressed the view that TRAI will prevail over Copy Right Act to the extent royalties/compensation payable to the broadcasters under the Copyright Act are regulated in public interest by TRAI under the TRAI Act.
https://www.moneylife.in/article/ho...able-tv-and-dth-from-29th-december/55964.html
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Dangal
DD India
DD MP
DD National
DD Rajasthan
DD Bharti
DD Kisan
Divyarashi
Gemporia Direct
B4U Movies
Cinema TV
Enter 10
Maha Movies
Skystar Movies
Wow Cinema
9X Jalwa
B4U Music
Mastii
Music India
Songdew
ABP News
DD News
India News
India TV
JK 24 *7
Loksabha TV
News Nation
Rajya Sabha
Sudarshan News
Total TV
Aastha
Aastha Bhajan
Arihant
Disha TV
Divya TV
Ishwar TV
Jinvani
Mahavira TV
Paras Gold
Mahavira TV
Paras Gold
Sanskar
Satsang TV
Abzy.com
Homeshop 18
Nt 1
ShopCJ
DD Sports
Bengali Channels
Aakaash Aath
DD Bangla
Ruposhi Bangla
Dhoom Music
Music Faatafaati
Sangeet Bangla
Bangla Times
Kolkata TV
News Time
Malayalam Channels
Amrita TV
DD Malayalam
Flowers
Jai Hind
Janam TV
Jeevan TV
Kairali
Kappa TV
Kaumudi TV
Mazhavil Manorma
Mazhavil Manorma HD
Media One
We
Safari TV
Asianet News
Raj Musix Malayalam
Mangalam
Manorama News
Matrubhumi
People
Reporter
Raj News Malayalam
Darshana
Harvest TV
Power Vision TV
Shalom
Nt 3
Marathi Channels
DD Sahyadri
Maiboli
Fakt Marathi
9X Jhakkas
Sangeet Marathi
Jai Maharashtra
Saam TV
TV9 Marathi
Kannada Channels
DD Chandana
Kasturi
Ayush TV
Saral Jeevan
Public Movies
Public Music
BTV News
Dighvijay 24 * 7 News
News 9
Public TV
Raj News Kannada
Suvarna 24 * 7 News
TV1 News
TV5 Kannada
TV9 Karnataka
Sri Sankara
Naaptol Kannada
Odiya Channels
DD Odia
Kalinga News
Kanak News
MBC TV
OTV
Prameya News 7
English Channels
9XO
Al Jazeera
India Ahead
Republic TV
Russia TV
God TV
Goodness TV
Peace of Mind
Tamil Channels
MK Six
Captain TV
DD Podhigai
Imayam TV
Kalaignar TV
Malai Murasu
MK TV
Murasu
Peppers TV
Polimer TV
Puthu Yugam
Siripoli
Super TV
Thanthi TV
Vasanth TV
Vendhar TV
7S Music
Isaiyaruvi
MK Tunes
Sahana TV
Captain News
Cauveri News
Kailinger Saithi
Lotus News
Makkal TV
News 7
Polimer News
Puthiya Thalainga
Sathiyam
Tamilan TV
Velichan TV
Angel TV
Madha
Nambikkai
Sai TV
SVBC 2
Win TV
Naaptol Tamil
Punjabi Channels
DD Punjabi
PTC Punjabi
Pitaara TV
MH1 Music
PTC Chakde
Chardikala Time
PTC News
MH1 Shraddha
Urdu Channels
DD Urbu
DD Kashir
Gulistan News
Channel Win
Gujarati Channels
DD Girnar
ABP Asmita
GS TV
Sandesh News
TV9 Gujarati
V TV
Asamese Channels
DD NorthEast
Jonack
Nepal One
Rang
Rengoni
Ramdhenu
Assam Talks 24
DY 356
NewsLive
Prag
Protidin Times
Bhojpuri
Anjaan TV
Dabang
DD Bihar
Bjojpuri Cinema
Shaandaar
Sangeet Bhojpuri
Telugu Channels
DD Saptagiri
DD Yadagiri
Studio One+
Vanitha TV
Raj Musix Telugu
10 TV
99 TV
ABN Andhra Jyoti
AP 24 *7
CVR English
CVR News
CVR Health
Hm TV
Mahaa News
Mojo TV
NTV News
Raj News Telugu
Sakshi TV
Studio N
T News
TV1
TV5 Telugu News
TV9 Telugu News
V6 News
Aradhana
Bhakti TV
CVR Spiritual
Divyavaani TV
Hindu Dharman
Rajumargan TV
Subhavaartha TV
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Naaptol Telugu
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