Lok Sabha Question No. 1006 (UNSTARRED), answered on 2015-12-04
Subject: Amendment in Orders of TRAI
Ministry: INFORMATION AND BROADCASTING
Asked by: KAVITHA KALVAKUNTLA

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

LOK SABHA UNSTARRED QUESTION NO. 1006 (TO BE ANSWERED ON 04.12.2015)

## AMENDMENT IN ORDERS OF TRAI

## 1006.     SHRIMATI KAVITHA KALVAKUNTLA:

## Will the Minister of INFORMATION AND BROADCASTING be pleased to state:

- (a) whether the Telecom Regulatory Authority of India (TRAI) has recently notified the  amendment  orders  relating  to  commercial  subscribers  for  broadcasters  and cable subscribers;
- (b) if so, the details along with the salient features thereof;
- (c) whether under the notified orders, broadcasters have to file tripartite  agreements with TRAI; and
- (d) if so, the details thereof?

## ANSWER

## THE  MINISTER  OF  STATE  IN  THE  MINISTRY  OF  INFORMATION  AND BROADCASTING {COL RAJYAVARDHAN RATHORE (Retd.)}

- (a)       (a) to (d) Yes Sir,
- (b) On  8th September 2015, the TRAI had notified two Tariff Amendment Orders (TAOs)  relating  to  TV  services  for  commercial  subscribers,  one  applicable  for  TV services being provided through analog cable TV systems (Non-CAS areas) and the other one  applicable  for  TV  services  being  provided  through  Digital  Addressable  cable  TV systems (DAS).   The TAOs are the following:
- (i)      The  Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Fifteenth Amendment) Order, 2015 (No. 4 of 2015) dated 08 th September 2015.

(ii) The Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable  Systems)  Tariff  (Fifth  Amendment)  Order,  2015  (No.  5  of  2015) dated 08 th September 2015

Full text of the notifications is available on TRAI's website www.trai.gov.in.

The salient features of these TAOs are as under:

- a) 'Subscriber',  'Ordinary  subscriber',  &  'Commercial  subscriber'  have  been defined.
- b) Total forbearance has been prescribed both at the wholesale & retail levels with respect to tariffs for Commercial subscribers and the broadcasters have the option to enter into tripartite agreements with the Distribution Platform Operators (DPOs) and the commercial subscribers, if so desired.
- c) Broadcasters have been mandated  to offer their channels/bouquet of channels  for  commercial  subscribers,  on  non-discriminatory  terms  and conditions.
- d) The Broadcasters have been mandated to file their tripartite agreements, if such an agreement is done with commercial subscribers, with the Authority within 30 days of entering into such an agreement.
- e) TV Signal to commercial subscribers have to be provided by DPOs only in accordance with "Policy Guidelines for Up-linking/Down-linking of Television Channels".

These Tariff Amendment Orders have been notified in accordance with the Hon'ble TDSAT's Order dated 9 th March, 2015 in the matter of 'Indian Broadcasting Foundation &OrsVs TRAI (Appeal No 7(C)/2014)'.  It is expected that with the coming into force of these changes in the regulatory framework for commercial subscribers, distribution of TV services to commercial subscribers would be streamlined and would be available to them at  competitive  rates.  It  is  also  envisaged  that  it  would  balance  the  interests  of  all  the stakeholders  in  the  value  chain  and  bring  in  complete  transparency  in  the  business transactions.

- ©        Yes
- (d) Details as brought out in response to Point (b) above.

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