The discussion surrounding TRAI's latest regulatory framework for broadcasting and cable services is heating up with broadcasters saying it is not a feasible one, and screams of “pleasing the cable industry”.
TRAI on Monday notified amendments to the regulatory framework for Broadcasting and Cable Services and released Recommendations on Listing of television channels in Electronic Programme Guide and Upgradation of DD Free Dish platform to an Addressable System. One of the recommendations is encryption of private channels on DD FreeDish to prevent unauthorised transmission.
While this decision has been applauded by cable operators, who have been demanding this for a long time and had even approached TDSAT, experts from the broadcast industry feel that there is no point in this recommendation until Prasar Bharati falls in TRAI’s ambit.
An expert told exchange4media that any regulation by TRAI or any direction from it for Prasar Bharati can be contested by the latter in a court of law as they are not bound to comply, adding that its notification is “anti-consumer”.
As part of the recommendations, TRAI has said that: “In order to ensure quality of viewing experience, prevent unauthorized re-transmission of television channels to combat piracy and maintain the record of subscribers, Prasar Bharati to take steps to convert DD Free Dish platform from a non-addressable system to an addressable system and make a beginning by encrypting the signals of private satellite television channels at DD Free Dish headend before uplinking.”
It also said that the price of a pay channel should be uniform across all the distribution platforms to ensure a level playing field among DPOs and non-discrimination among customers.
“Accordingly, the authority has decided that a channel, which is permitted by MIB and is available at no subscription fee on DD Free Dish platform, shall not be declared as a pay channel for addressable distribution platforms,” it said.
Both these decisions surrounding DD Free Dish have been questioned by some broadcasters who believe that it is “just to please DPOs” and cannot be implemented unless Prasar Bharati is in TRAI’s ambit.
However, the cable industry is elated and termed it a “positive” development for them as it can promote “parity” with broadcasters.
The issue of unencrypted channels has been raised repeatedly by cable federation, which even moved the TDSAT against it alleging that DD FreeDish was not abiding by TRAI’s regulation that requires the channels to be provided in an encrypted manner.
A cable industry expert, on the condition of anonymity, said that “TRAI notification on the regulatory framework is positive for cable operators. They have been asking for it for a long time. TRAI has asked for encryption of channels on DD FreeDish through digital addressable systems and it has given time till April 1, 2025 to implement this.”
He added that it is, however, only a recommendation as it is yet to be accepted by the ministry of information and broadcasting (MIB).
“So, the matter doesn’t close in TDSAT yet,” he said.
Opposing the TRAI decision on encryption, a broadcast expert said it cannot be implemented.
“Just assume we have only 20 million DD FreeDish set top boxes (STBs) across the country. Now if MIB accepts TRAI recommendation, and asks Prasar Bharati to seed the encrypted STBs only, by replacing old ones, where will they go and search for the old STBs? How will they track because there is no addressability.
“Also, each STB will cost at least Rs 3000, so how much will it cost the government if it has to do this for 20 million households? Prasar Bharati does not have the money and those people who have, will refuse to take it as the content is available on YouTube or any pay TV broadcast platform,” said the expert.
Talking about TRAI’s recommendation that a channel, which is permitted by MIB and is available at no subscription fee on DD Free Dish platform, shall not be declared as pay channel for addressable distribution platforms, cable operators have expressed a relief.
“Cable operators were being charged by broadcasters for channels that were free-to-air on DD FreeDish. Cable operators have been paying broadcasters for the same channels for which broadcasters pay Prasar Bharati to carry their FTA channels on DD FreeDish. TRAI has now asked broadcasters to make it free for cable operators also. So, we are happy with the regulation,” said a senior cable industry expert.
TRAI noted that the continuation of carriage of pay channels by DD Free Dish is leading to a situation where broadcasters on one hand, are charging subscription free for their pay channels from licensed DPOs but are paying DD free dish for the carriage of the same channels.
Currently, 75 private television channels that are permitted by MIB, are available on the DD Free Dish platform. Out of these, 20 channels are declared as 'pay' channels by their respective broadcasters under the provisions of the Tariff Order 2017. However, these 20 channels are accessible to DD Free Dish consumers without any monthly subscription fees.
Challenging the TRAI latest recommendation, a broadcaster, on the condition of anonymity, said, “Government wants small broadcasters to be available on DD FreeDish, and also want Prasar Bharati to make available differentiated content to those people who are not able to afford pay TV but if the pay TV operators are ready to put in their money and make such channels available, is the TRAI decision not anti-consumer?”
He further said that the same pay TV channels which are now expected not to be available on DD FreeDish for free, contradicts their existing availability on YouTube, and it is for free.
Experts believe that this might not be accepted by the MIB as Prasar Bharti will not be able to implement it and these broadcasters will be worried whether to put their channel as FTA or not.
“TRAI recommendation is just to please the DPO lobby, and by doing this, they are just excusing themselves from any dispute that arises,” said the expert.
In its amendments, TRAI has also said that, “Public service broadcaster will be provided with the requisite exemptions of TRAI Regulations, once such notification is issued by MIB. Prasar Bharati may utilize indigenous technologies for Conditional Access System (CAS), Subscriber Management System (SMS) and interoperable Set Top Boxes (STBs).”
“Prasar Bharati should adopt interoperable STBs for DD Free Dish to act as catalyst for transitioning the entire ecosystem from operator-based STBs to interoperable STBs to empower consumers' choice. This will eliminate the need for changing STBs every time the service provider is changed,” it said, adding that the MIB may direct private DPOs to adopt and implement interoperable STBs.
TRAI said that during the consultation process for these amendments, certain other issues were also raised by various stakeholders which need to undergo a detailed consultation process for the consideration of TRAI.
“These issues and suggestions have been noted and TRAI will come out with a comprehensive consultation paper shortly to address the relevant issues,” it said.
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