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Broadcasting Regulations in India

IntégréTéléchargement
Parameswaran N.,
Principal Advisor
(Broadcasting & Cable Services)
Telecom Regulatory Authority of India
Broadcasting services
 Cable TV
 Analogue and digital





DTH
Terrestrial (Public Broadcaster)
IPTV
HITS
Radio
 FM Radio broadcasting
 AM and SW radio (Public Broadcaster)
 Community Radio
Broadcasting sector in India -A snapshot
Subscribers/ households
Total Households
270 m
Total TV Households
Channels
798
169 m
Number of registered TV
channels
Cable TV Households
99 m
Number of Pay channels
187
Registered Pay DTH
subscribers
67.57 m Number of teleports
IPTV Subscribers
0.5 m
Service providers
90
Number of Pvt. FM stations 243
Number of operational
community Radio stations
170
Number of Broadcasters
243
Number of Registered
MSOs in DAS
143
Number of Cable TV
operators
60000
Total revenue of TV
industry (2013)
Number of DTH operators
7
Total FM Radio revenue INR 2000
( 2012)
crore*
Revenue
INR 48600
crore*
Value Chain for the broadcasting and cable TV services
Broadcaster
Cable operator
Multi System
Operator (MSO)
DTH Operator
IPTV operator
Local Cable
Operator (LCO)
HITS operator
Local Cable
Operator (LCO)
Consumer
Functions of TRAI
 Recommendatory – Need and timing for introduction of
new service providers, terms & conditions of license,
competition, technological improvement & development,
spectrum management etc.
 Regulatory- Interconnection, Quality of Service, tariffs
etc.
 To regulate the sector TRAI issues Regulations, Orders and
Directions from time to time.
Key Feature of Broadcasting Regulations in India

TV channels to be carried over any platform must have permission
under uplinking and downlinking guidelines.

Mandatory carriage of channels of public broadcaster and
channels operated by or on behalf of Parliament.

Sharing of important sporting events of National importance with
public broadcaster.

No exclusivity of content: Broadcaster ‘must provide’ signals on
non discriminatory basis to the distributors of varius TV Platforms.

‘Must Carry’ provision for Hindi English and regional channels of
the area concerned in Digital Addressable Cable TV systems.

Detailed Quality of Service regulations.
Regulations in Broadcasting sector
 Interconnection regulations
 Quality of Service regulations
 Tariff orders
Interconnection Regulations
Interconnection Regulations
aspects relating to:
broadly
cover
the
 Regulatory framework for the agreements between the
service providers i.e. between Broadcaster, MSOs/ DTH
operators and Local Cable operators.
 Based on this framework the service providers finalize the
commercial and technical terms & conditions to arrive at
an agreement.
Quality of Service (QoS) Regulations
QoS Regulations broadly cover the aspects relating
to:
 Connection, disconnection, transfer and shifting of cable




and satellite TV services.
Consumer complaint handling and redressal
Consumer billing Procedure and handling of billing related
complaints.
STB related issues and handling complaints thereof.
Technical parameters to be adhered by the service
providers.
Tariff orders
Prescribes the wholesale tariff , retail tariff and
the Revenue share amongst the service providers
Digitisation of Cable TV Services Benefits
 Enhanced capacity from 100 to 1000 TV channels.
 Better Quality Video and Audio.
 Can support HD, 3D Channels.
 Customers can choose the channels they want to
watch.
 Can support Broadband and triple play services.
 Transparency in the operations.
Roadmap for Implementing Digitisation with Addressability in
The Cable TV Systems in India
Phase
Phase I
Areas
Four Metros of Delhi,
Mumbai, Kolkata and
Chennai
Sunset dates for
analog cable TV
services
30th Oct 2012
Phase II Cities with a population 31st March 2013
more than one million
Phase III All urban areas
31st December 2015
Phase IV Rest of India
31st December, 2016
Thank you
Interconnection Regulations
 The Telecommunication (Broadcasting and Cable Services)
Interconnection Regulation 2004” as amended from time to
time Applicable for all platforms except for Digital Addressable Cable TV
Systems (DAS)
 The Register of Interconnect Agreements (Broadcasting and
Cable Services) Regulation 2004” as amended from time to time
 Applicable for all platforms
 The Telecommunication (Broadcasting and Cable Services)
Interconnection (Digital Addressable Cable Television Systems)
Regulations, 2012 as amended from time to time
 Applicable for DAS
The Telecommunication (Broadcasting and Cable Services)
Interconnection Regulation 2004” as amended from time to time
Salient features
• Broadcaster “must provide” signals on non discriminatory basis
to the distributors of TV channels i.e. MSO, DTH, IPTV, HITS
etc.
•
Distributors of channels cannot insist for “must provide”
Clause and demand for carriage fee at the same time.
•
Broadcasters and MSOs need to give 3 weeks prior notice to
MSO & LCO before disconnecting the TV channel signals.
•
Broadcaster/MSO not to supply signals to MSO/LCO without
entering into a written agreement.
The Register of Interconnect Agreements (Broadcasting and Cable
Services) Regulation 2004” as amended from time to time
Salient features
• Provides for filing of the details of interconnect
agreements by broadcasters, DTH operators, IPTV service
providers and HITS operators.
• The filing is to done on annual basis by 31st July of each
year for all the agreements active on 30th June of that year
or which have been active during any part of the previous
one year.
The Telecommunication (Broadcasting and Cable Services)
Interconnection (Digital Addressable Cable Television Systems)
Regulations, 2012 as amended from time to time
Salient features
 ‘Must Carry’ provision for Hindi, English and regional language
channels of the concerned region.
 MSOs need not carry channels under ‘must carry’ provision if the
channel fails to attract at least 5% of the subscriber base, on an
average, for six consecutive months.
 MSOs to publish RIOs for offering their platform for carrying a
channels on non-discriminatory basis for the broadcasters.
 No upward revision of carriage fee for at least 2 years.
 MSOs to file the details of carriage fee received and Broadcasters to
file the details of carriage fee paid, with the Authority.
 In addition, the salient features of the interconnection regulation
2004, applicable for non-CAS areas, are also part of this Regulation.
Quality of Service (QoS) Regulations
QoS Regulations broadly cover the aspects relating
to:
 Connection, disconnection, transfer and shifting of cable




and satellite TV services.
Consumer complaint handling and redressal
Consumer billing Procedure and handling of billing related
complaints.
STB related issues and handling complaints thereof.
Technical parameters to be adhered by the service
providers.
Quality of Service Regulations
 The Direct to Home Broadcasting Services (Standards of Quality of
Service and Redressal of Grievances) Regulations, 2007 dated 31st
August 2007 as amended from time to time
 For DTH service
 The Standards of Quality of Service (Broadcasting and Cable Services)
(Cable Television – Non-CAS Areas) Regulations, 2009
 For Cable TV service in non-CAS areas
 The Standards of Quality of Service (Digital Addressable Cable TV
Systems) Regulations, 2012, dated 14th May 2012
 For Cable TV service in DAS areas
 The Consumers Complaint Redressal (Digital Addressable Cable TV
Systems) Regulations, 2012 dated 14th May 2012
 For Cable TV service in DAS areas
 The Standards of Quality of Service (Duration of Advertisements in
Television Channels) Regulations, 2012 dated 14th May 2012.
The Direct to Home Broadcasting Services (Standards of Quality of
Service and Redressal of Grievances) Regulations, 2007 as amended
from time to time
Salient features
•
Operators to compulsorily offer customer premises equipment (CPE)
on outright purchase or hire purchase or rental basis to its
subscribers.
•
Establishment of a 24 x 7 call centre by DTH operators for registering
of complaints.
•
Appointment of nodal officer(s) for each state for handling of
complaints not satisfactorily resolved by call centre.
•
No increase of subscription charges for first six months of the
subscription.
•
DTH operator to give notice for discontinuing a channel or for
disconnecting a subscriber.
•
No charges, other than rentals for CPE to be charged, in case the
connection is suspended on the request of the consumer for a period
of minimum one month to maximum three months.
20
The Standards of Quality of Service (Broadcasting and Cable
Services) (Cable Television – Non-CAS Areas) Regulations,
2009
Salient features
•
Time limit of seven days for providing connection,
disconnection and reconnection of cable services.
•
Issue of bills and receipts to cable TV subscribers.
•
Maintaining helpdesk from 8.00 am to 8.00 pm everyday for
Complaint handling and its redressal.
•
Compulsory technical standards to be observed by the cable
operators, including a good quality, measurable signal
strength at subscriber's end, maintaining six-hour power
backup.
21
The Standards of Quality of Service (Digital Addressable Cable TV
Systems) Regulations, 2012
Salient features
 MSOs to offer services with both pre-paid and post-paid payment options
and be responsible for generation of bills to the consumers.
 No charges, other than rentals for STB to be charged, in case the
connection is suspended on the request of the consumer for a period of
minimum one month to maximum three months.
 Prior notice of a minimum of 15 days to be given for disconnection.
 Minimum warranty of one year to be provided for set top boxes acquired by
the consumer under outright purchase scheme.
 MSO to have a website giving details of services being offered, rates of
services being offered.
 Technical parameters to be adhered by the service providers.
The Consumers Complaint Redressal (Digital Addressable Cable TV
Systems) Regulations, 2012 dated 14th May 2012
Salient features
 Operators to establish a complaint centre in his service area for
redressal of complaints and addressing service requests of consumers.
 The consumer care number to be toll free and to be widely publicized.
 Operators to establish a web based complaint monitoring system to
enable the consumers to monitor the status of their complaints.
 Operators to appoint or designate one or more nodal officers in every
state in which it is providing its services.
 Operators to publish a consumer’s charter for Digital Addressable
Cable TV systems providing all necessary details with respect to the
services being provided by them.
Tariff orders
Prescribes the wholesale tariff , retail tariff and
the Revenue share amongst the service providers
Tariff Orders
 The Telecommunication (Broadcasting and Cable)
Services (Second) Tariff Order 2004“ dated 1st October
2004 as amended from time to time
 for Cable TV Services in non-CAS Areas
 The Telecommunication (Broadcasting and Cable)
Services (Fourth) (Addressable Systems) Tariff Order,
2010 dated 21st July 2010 as amended from time to time
 for all Addressable Systems
 Covers DTH ,DAS , IPTV and HITS
The Telecommunication (Broadcasting and Cable) Services (Second) Tariff
Order 2004“ dated 1st October 2004 as amended from time to time
Salient features
•
Wholesale tariff rates have been frozen (as on 1st
December 2007) based on historical pricing. Inflation
linked hike is given from time to time.
•
Retail tariff regulation provides upper ceilings based on
number of channels provided to the subscriber and
category of habitation of the subscriber.
•
Revenue share between MSO and LCO left to mutual
negotiations.
26
The Telecommunication (Broadcasting and Cable) Services
(Fourth) (Addressable Systems) Tariff Order, 2010 dated 21st July
2010 as amended from time to time
 Broadcasters to provide contents to digital addressable platforms
at 42% of the corresponding channel/ bouquet rates in analog
cable TV sector.
 Packaging and pricing for the offerings at retail to be decided by
the operators subject to certain conditions.
 STBs/ CPEs to be offered on outright purchase basis and rental
basis or hire-purchase basis.
 Revenue share amongst the MSO and the LCO to be decided
through mutual negotiations. Failing which the revenue is to be
shared as per TRAI prescription.
contd..
Salient features
•
Broadcasters to offer all their channels to operators of addressable
platform on a-la-carte basis.
•
Operators to offer all the channels carried over their network on ala-carte basis to subscribers.
•
In addition the broadcasters and operators can also offer bouquets
of channels.
•
Twin Conditions to prevent perverse pricing to be followed, both at
the wholesale and at the retail levels.
28
Contd..
 Subscribers can avail a BST (Basic Service Tier) comprising of
minimum 100 FTA channels at a price not exceeding Rs. 100/- per
month (excluding taxes).
 Subscriber can choose any up to 100 FTA channels, in lieu of BST
offered by the multi-system operator at a price not exceeding Rs.
100/- per month (excluding taxes).
 BST should include at least 5 channels of the each genre in case
sufficient number of FTA channels of a particular genre is not
available, the operator should include the channels of the other
genres.
 It is optional for the consumer to opt for BST.
contd..
Entry level prescription:
•
For all addressable systems except DAS Areas
•
The operator can prescribe a minimum monthly subscription not
exceeding Rs. 150/- per subscriber for channels/bouquets chosen
by the subscriber.
•
For DAS Areas
•
I- if the subscriber opts for BST or FTA lieu of the basic service
tier the operator can prescribe minimum monthly subscription
not exceeding Rs. 100/- per subscriber.
•
II- if the subscriber opts for one or more pay channels, with or
without FTA channels- the operator can prescribe minimum
monthly subscription not exceeding Rs. 150/- per subscriber.
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