Television Orders - TRAI

[kesav 127]

MSOs impleaded in Trai tariff case

NEW DELHI: Two MSOs - IndusInd Media & Communications Ltd. and Digicable – have been impleaded as parties in the hearing before the Telecom Disputes Settlement Appellate Tribunal (Tdsat) in the case relating to several broadcasters challenging Trai's tariff order for digital addressable systems.

Both the MSOs are supporting the Telecom regulatory Authority of India's (Trai) Tariff Order of 21 July, which will become effective on 1 October. The earlier date of implementation (1 September) was put off by a month in view of a Supreme Court hearing on the same issue.

Day-to-day hearing commenced on 14 September and the Tribunal heard counsel CS Vaidyanathan on behalf of Indusind (IMC) and said while the MSOs supported addressability, non-Cas operators cannot be treated at par with DTH or addressability. The rates have, thus, to be different. If the rates charged by broadcasters are realistic, then there will be no under-declaration by cable operators as alleged by the broadcasters.

Trai counsel said that the tariff order was also aimed at encouraging the switch-over to addressability.

Earlier this week, senior advocate Ramji Srinivasan appearing for Star Den Media and Sun TV had said Trai had fixed tariff for DTH sector without fixing the tariff for non-CAS.

"What was the urgency of fixing DTH tariff in relation to non-Cas tariff though it has not been finalised," Srinivasan had asked.

In its tariff order, Trai made it mandatory for broadcasters to make channels available to DTH and addressable digital cable networks at 35 per cent of the corresponding rates for analogue cable operators. Earlier, Trai had fixed tariff for DTH at 50 per cent of the analogue cable price.

The petitions are by Star Den, Zee Turner and Sun among others. All the four petitions have raised the same prayer, seeking quashing of the Trai Tariff order of 21 July. The petitions are largely similar in the arguments raised by them.

source:: http://www.indiantelevision.com/headlines/y2k10/sep/sep146.php

[kesav 127]

Tdsat reserves order on broadcaster plea against tariff order

MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (Tdsat)) today closed its week-long hearings and reserved its order on the petition filed by the broadcasters against the tariff order prescribed by Trai for digital addressable systems.

In their petitions, broadcasters had raised concern over the new tariff order for digital addressable systems fixed by the Telecom Regulatory Authority of India (Trai).

The Tdsat bench headed by chairman Justice SB Sinha heard the broadcasters including Zee Turner, Star Den Media Services, ESPN Star Sports, Sun TV, Viacom18 and MSM Discovery who are opposing the tariff order fixed by Trai for DTH, digital addressable cable and IPTV.

In its tariff order dated 21 July, the sector regulator made it mandatory for broadcasters to make channels available to DTH and addressable digital cable networks at 35 per cent of the corresponding rates for analogue cable operators. Earlier, Trai had fixed tariff for DTH at 50 per cent of the analogue cable price.

source:: http://www.indiantelevision.com/headlines/y2k10/sep/sep157.php

Great to know hearings are completed and hope to get consumer centric judgment sooner....

Edited September 25, 2010 by kesav

[kesav 127]

Initial date was 1st Sep 2010 later TRAI postponed it to 1st Oct 2010.

Now 1st Oct 2010 has passed by still there's no signs of implementation.

Is TRAI dead??????

TDSAT reserved orders on 20th Sep 2010 but till date no judgement on such an important pro-consumer tariff regulations.

Already 12 valuable days has gone

What is happening to TDSAT?????

Is everyone bribed by corporates??????????

Is every arm of India twisted by corporates(Legislative,Executive, Judiciary)??

:'( :'( :'( :'(

Edited October 2, 2010 by kesav

[kesav 127]

Is TDSAT dead???

It's just rediculous.....TDSAT finished hearing the case on 20th Sep 2010.

Does it need 1 month to write the judgement on such a simple straight forward pro-consumer regulations??

As TRAI is not empowered to penalize the operators, it's TDSAT which has to protect the consumers as per TRAI's regulations against venomous operators.

Now TDSAT has become procrastinating channel for any pro-consumer regulation passed by TRAI.

As soon as TRAI passes any pro-consumer regulation, Operators approach TDSAT and TDSAT sleeps over the issue for months and by the time it passes judgement, the issue become stale and consumers become frustrated.

In the meantime, it brings bad name to TRAI although delay is due to TDSAT.

The very purpose of existence of TDSAT(separate arm of judiciary) is to act for telecom&broadcasting consumers and to implement TRAI's regulations in the spirit of natural justice in speedy manner.

If it fails to meet core purpose of it existence(speedy justice) then it's better to scrap TDSAT and let the supreme court handle all policy issues of TRAI.

Atleast there should be some kind of quarterly review by Supreme Court(led by Chief justice of India) on whether its proxy wings like TDSAT is functioning according to its mandate and take necessary remedial actions.

[kesav 127]

TRAI Chief waiting for judgement from TDSAT

On the issue of DTH service providers forcing channels on the subscribers, Mr Sharma said TRAI had already issued an order prohibiting it, which was being challenged in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

“The judgment is reserved. We will take further steps after it comes out,'' he added.

source :: http://www.thehindubusinessline.com/2010/11/01/stories/2010110151471300.htm

Let us hope at least TDSAT will heed to the voice of TRAI's chief and pass the judgement which has been reserved for more than 40 days.

May be TDSAT is in touch with astrologers to find suitable time to pass judgement.

Edited October 31, 2010 by kesav

[Deal 0]

Good follow up kesav.

[kesav 127]

Looks like SUN Direct is aware of the judgement in advance.

SUN Direct has completely revamped its packages in tune with TRAI's following orders.

(1) Basic package not to exceed Rs. 150 + tax

(2) All channels to be provided in A-la-carte basis

SUN Direct's basic packages are now at the following rates.

(1) Tamil, Telugu, Kannada, Malayalam Value packs at Rs. 99 + tax /month

(2) INDI pack at Rs. 145 + tax /month

(3) Value pack(ROI) at Rs. 120 + tax /month

(4) Value+ pack(ROI) at Rs. 132 + tax /month

All the channels which are not covered by all the basic packs above is provided in A-la-carte basis.

Kudos to SUN Direct for becoming the first and only operator to provide all the channels A-la-carte basis.

Just pay for what you watch.

:clap:

:cheers:

http://sundirect.in/packages.php

Edited November 4, 2010 by kesav

[ramtech 47]

Not making much difference

1.Basic package includes only 17 channels ( most are not required).no news channels, no movie channels( indi or english) no sport channel and no kids channels.

2.If add 15- 20 channels from A-la-carte basis list including news, movies(hindi and english), sports and kids total cost is crossing Rs. 300+ taxes and ur getting total not more than 40 channels

3.High cost is because individual channels are costing Rs. 15 or Rs. 20

previously we were getting more that 150 channels which includes all the above mentioned in an average of Rs. 300 from all opereators.

So until there is a cap of Rs. .5 should be put on price of channels in A-la-carte basis.Only then the customer will get the benefits

[kesav 127]

I think you've missed something while reading the site.

Each basic package has close to 100 channels.

While reading basic package, you've to read category-wise by selecting drop-down list..Each category has around 2-17 channels. May be you've read only telugu category in telugu value pack.

Kindly read all the categories in telugu value pack and I hope you may end up having different opinion.

Edited November 6, 2010 by kesav

[ramtech 47]

I think you've missed something while reading the site.

Each basic package has close to 100 channels.

While reading basic package, you've to read category-wise by selecting drop-down list..Each category has around 2-17 channels. May be you've read only telugu category in telugu value pack.

Kindly read all the categories in telugu value pack and I hope you may end up having different opinion.

I was confused with pop down menu's.

But even in the complete list most of them are other languages which are useless for other language people.And channels which are most viewed( mentioed above thread) are not available .For those channels again additional amount need to be spent.

So I have the same feeling and have the same opinion mentiond above.

[kesav 127]

TDSAT reserved orders on 20th Sep 2010 but till date no judgement.

Is it takes 60 days to write a judgement?

Is TDSAT bribed by DTH players to delay judgement indefinitely?

Where are the hopeless and directionless opposition?

Where are the stupid bribed media?

Where is the Supreme Court?

Why are they(opposition,media,apex court) not raising their voice(better to say "noise") on this highly important issue?

They've only time to spend on hypothetical issue like 2G scam.

They(Oppostion, Media) get money from corporates only for such stupid non-existing issues like 2G scam where their sole purpose is to remove the minister.

They'll get beaten up by corporates if they raise their "noise" for pro-consumer things like a-la-carte pricing, MNP, poor performance of BSNL etc.,

Edited November 16, 2010 by kesav

[raccoon 53]

Is TDSAT bribed by DTH players to delay judgement indefinitely?

Where are the hopeless and directionless opposition?

Where are the stupid bribed media?

Where is the Supreme Court?

Why are they(opposition,media,apex court) not raising their voice(better to say "noise") on this highly important issue?

Shhhhhh! All are of course fast asleep. Don't disturb their beauty sleep... you might annoy them.

Edited November 16, 2010 by raccoon

[kesav 127]

TDSAT asks TRAI to review tariff order for DTH and addressabe cable

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (Tdsat) has asked the Telecom Regulatory Authority of India (Trai) to study again in-depth the entire scenario relating to tariff for addressable and non addressable systems.

This is in response to Trai's order that "the a-la-carte rate for a pay channel for addressable systems shall not be more than 35 per cent of the a-la-carte rate of the channel as specified by the broadcaster for non-addressable systems".

This rate had been fixed in the proviso to Clause Four of the Telecommunication (Broadcasting & Cable) Services (Fourth) (Addressable System Order) 2010 issued on 21 July which came into effect from 1 September this year.

Earlier, broadcasters charged from DTH and IPTV players 50 per cent of what they got from cable operators.

Tdsat chairperson SB Sinha and members GD Gaiha and PK Rastogi in their order said Trai should start the process of tariff fixation upon taking the relevant factors into consideration afresh and should for the purpose of laying down tariffs undertake a detailed study of the same.

The order came on appeals by ESPN, Zee Turner, Star Den, MSM Discovery, Sun TV Network, Viacom18, Ushodaya Enterprises of Hyderabad, and Neo Sports against the Trai Tariff Order. Some of the DTH operators with DTH Operators Association of India as also other MSOs have been impleaded as parties, as also the Tamil Nadu Progressive Consumer Centre.

On 23 August, broadcasters had moved Tdsat challenging Trai's tariff order to cap wholesale price of channels to service providers like DTH and IPTV.

The broadcasters had submitted that while fixing the tariff, Trai had acted in an arbitrary and unreasonable manner and did not consider the suggestions of the stakeholders.

At the outset, the Tdsat bench admitted it had not been able to deliver judgement for several reasons. "One of these being long arguments and a clarification sought for subsequently by us with regard to inter alia, the applicability of Section 11(1)(B )(iv) vis-a-vis Section 11(2) of the Trai Act and also due to non-filing of Written Statements by some of the counsel in time," it said.

Noting that it had been accepted by every stakeholder that almost all the problems would be solved if "addressability' is achieved, the tribunal said it failed to 'understand why the Government has not taken adequate measure in this behalf. Even in the capital town of Delhi, it has not been fully achieved."

The Tribunal expressed the hope that the target fixed by Trai will receive adequate attention of the Government and it would implement the recommendations in letter and spirit.

Only Chennai had implemented Cas in full and the other three metros had only implemented this in pockets.

Noting that it was clear that the DTH system was the most popular form of an addressable system, there cannot be any doubt or dispute that the vices attached to the non-addressable system can be eliminated provided the addressable system is put in place completely. The Tribunal, therefore, welcomed the move by Trai to set goals.

Noting that the Supreme Court had asked Trai to proceed to carry out its exercise without in any way being influenced by the observations made by this Tribunal or the High Courts, the Tribunal said "Trai unfortunately, did not do so and proceeded on the basis of the observations made by this Tribunal." It opined that making of a tariff order would be imperative in view of the order of the High Court.

According to the broadcasters, the advertisement revenue payable to the DTH operators would be more than Rs 88 billion. Pay channel broadcasters pay only Rs 2.85 billion as carriage/placement.

The tribunal said by the Tariff Order, two unequals were being treated equally. In the case of analogue under declaration is rampant; in another, it is nil. In one case, it is difficult to find out the acted viewership; in another it is not so. In one viewers have no choice or limited choice but in another the viewers can exercise their choices to the fullest extent.

The tribunal also accepted the view that sports channels are a class by themselves and the difficulties faced by them have not been adequately addressed. The cost components of a sports channel cannot be compared with the general entertainment channels. Moreover, the cost of procuring content has been increasing over the years.

It, therefore, said "it is no ground to contend that the sportscasters are aware of the tariff and, thus, they should mould their business model which should address that situation."

My initial reaction to this judgement is "very disappointing"

The article does not clearly say about other parameters of the TRAI regulations like A-la-Carte retail pricing etc.,

Let us wait for the judgement to be published in TDSAT website before making final comment.

At the outset, the Tdsat bench admitted it had not been able to deliver judgement for several reasons. "One of these being long arguments and a clarification sought for subsequently by us with regard to inter alia, the applicability of Section 11(1)(B )(iv) vis-a-vis Section 11(2) of the Trai Act and also due to non-filing of Written Statements by some of the counsel in time," it said.

The reason given by Jury for taking 91 days to pass a judgement after the completion of arguments is totally childish and unacceptable.

The Judgement requesting TRAI to restart the process again and also the needless time which Jury took to deliver the verdict clearly indicates that the only intention of the Jury is to delay the pro-consumer move as much as possible. It clearly shows the link between TDSAT and Corporates(read as broadcasters).

TDSAT has proved again it is the procrastinating channel for corporates.

It's time for supreme court intervene effectively and meaningfully to dismantle this kind of nexus between corporates(read as broadcasters) and Judiciary.

SC should review the functioning of its proxy arms like TDSAT at-least every quarter to weed out any unwanted elements to protect the faith in Judiciary.

Edited December 27, 2010 by kesav

[kesav 127]

TATA Sky launches all channels in A-la-Carte basis under the name "Make My Pack".

Just choose the channels you want, only condition is to ensure that your total value is greater than or equal to Rs. 150.

Minimum subscription period for a channel under A-la-carte is 90 days.

http://tatasky.com/channel-packages-mypack.html

Way to go......

Just pay for what you want to watch.....

:clap:

Looks like DTH operators are towing the line as stipulated by TRAI one by one.

[kesav 127]

Airtel Digital had launched channels on A-la-carte basis from Jan 1.

http://airtel.in/alacarte/

:clap:

Now we've 3 operators on A-la-Carte bandwagon viz Sun Direct, Airtel & TATA Sky.

[kesav 127]

Here's the judgement of TDSAT on the petition filed by broadcasters.

http://tdsat.nic.in/16.12.2010/ANo.3©of10.htm

On the first look, Judgement set aside only one section of the directions viz

"All pay channels in the addressable system to be cheaper by minimum of 65% than their corresponding rate in non addressable system"

Detailed analysis to follow.

Edited January 11, 2011 by kesav

[rajanmehta 4,056]

@kesav

If you see A-la-carte pricing on Tata Sky and Airtel on the links you posted...

They are charging different price for the same channel...

Pricing is such that if one selects few good pay channels of various categories like entertainment, news, sports, movies...Total cost will nearly reach the package prices or even more...

I think this DTH operators are not going to implement this A-la-Carte order in its spirit and will continue to make merry...

[csmart 472]

A lA carte is just an eye wash.. TRAI ne bola, humne implement kiya, TRAI nahi bola ke kitna charge karo. when DTH was started, TRAI had ordered that max. price for a channel was Rs. 5/- but no DTH service provided channel at that rate.

Edited January 11, 2011 by csmart

[rbdhoot 11]

When will be Reliance Big TV waking up ???

[kesav 127]

Here's the Reliance Digital TV's(formerly known as BIG TV) A-la-Carte pricing

http://www.reliancedigitaltv.com/Add-on%20Pack_24.5.10.pdf

[kesav 127]

Here's Videocon's A-la-Carte pricing

http://www.videocond2h.com/WSC/packages.aspx

[kesav 127]

Here's Dish TV's A-la-Carte pricing

http://www.dishtv.in/Pick-By-Channel/Pick-Channel-List.aspx

Edited January 27, 2011 by kesav

[kesav 127]

Finally all the DTH operators have A-la-Carte pricing on their n/w.

By analyzing the implementation methodology of different operators the following can be made out.

Overall there are 3 types of packagings

(1) Basic packages

(2) Bouquets

(3) A-la-Carte channels

Airtel, Videocon & Reliance do not allow mixing of A-la-Carte channels with either basic packages or Bouquets. Only pure A-la-Carte is allowed.

Sun & Dish mandate users to subscribe to any one of the basic packages before selecting A-la-Carte channels.No provision for pure A-la-Carte. They do not allow mixing A-la-Carte with Bouquets

TATA Sky allows mixing subscription package with A-la-Carte channels. TATA also allows pure A-la-Carte channels. TATA does not allow mixing A-la-Carte with Bouquets

Comparatively TATA Sky implementation is by far the best but still does not meet the true spirit of mixing A-la-Carte channels with bouquets.

TRAI must intervene and make amendments in such a way bouquets can also be mixed with A-la-Carte channels.

Is it logical to mandate a DTH operator that if he chooses to buy a channel from one broadcaster in A-la-Carte basis then he should buy all the channels from all broadcasters only in A-la-carte basis???

When DTH operators have the flexibility of mixing bouquets with A-la-Carte channels when they aggregate, why can't they pass on such benefit to consumers when they distribute???

:confuse: :confuse:

Edited January 28, 2011 by kesav

[ramtech 47]

Finally all the DTH operators have A-la-Carte pricing on their n/w.

By analyzing the implementation methodology of different operators the following can be made out.

Overall there are 3 types of packagings

(1) Basic packages

(2) Bouquets

(3) A-la-Carte channels

Airtel, Videocon & Reliance do not allow mixing of A-la-Carte channels with either basic packages or Bouquets. Only pure A-la-Carte is allowed.

Sun & Dish mandate users to subscribe to any one of the basic packages before selecting A-la-Carte channels.No provision for pure A-la-Carte. They do not allow mixing A-la-Carte with Bouquets

TATA Sky allows mixing subscription package with A-la-Carte channels. TATA also allows pure A-la-Carte channels. TATA does not allow mixing A-la-Carte with Bouquets

Comparatively TATA Sky implementation is by far the best but still does not meet the true spirit of mixing A-la-Carte channels with bouquets.

TRAI must intervene and make amendments in such a way bouquets can also be mixed with A-la-Carte channels.

Is it logical to mandate a DTH operator that if he chooses to buy a channel from one broadcaster in A-la-Carte basis then he should buy all the channels from all broadcasters only in A-la-carte basis???

When DTH operators have the flexibility of mixing bouquets with A-la-Carte channels when they aggregate, why can't they pass on such benefit to consumers when they distribute???

:confuse: :confuse:

Seems there is no cap on pricing of channels.Same channel charged differently by different operators.some channels are costing Rs. 40 and Rs. 50 .Trai should interevene and fix upper cap of Rs. 5 to Rs.8. only it will be beneficial to consumers

[kesav 127]

Pricing of channels will certainly differ from operator to operator.

That's the beauty of the competition and A-la-Carte.

Competition will automatically bring down the cost of the channels in due course.

Due to introduction of A-la-Carte, channels will move up or down the cost ladder depending on the demand of a particular channel by consumers.

This was not earlier possible since operators were pushing in no-demand channels along with high demand channels as packs.

It's high time for TRAI to provide recommendations on set-top box portability. The complete benefit of A-la-Carte can only be realized by consumers when set-top boxes are portable across operators.

Come on TRAI come on you can do it.

:rockon:

Edited January 29, 2011 by kesav