Lok Sabha Question No. 2413 (UNSTARRED), answered on 2016-03-11
Subject: Violation of Guidelines issued by TRAI
Ministry: INFORMATION AND BROADCASTING
Asked by: E. AHAMED

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO.2413 (TO BE ANSWERED ON 11.03.2016)

## VIOLATION OF GUIDELINES ISSUED BY TRAI

## 2413. SHRI E. AHAMED:

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

(a) details of TRAI guidelines on broadcasting;

(b) whether the broadcasters are supposed to provide content to all distributors of TV channels on non-discriminatory basis, if so, the action taken against the broadcasters who do not provide content to all the distributors on non-discriminatory basis;

(c)  whether  all  broadcasters  of  pay  channel  need  to  file  with  TRAI  all  agreements  they  have entered into with all distributors within specified time;

(d) if so, the details of broadcasters which are in default and the action taken by TRAI against such defaulting broadcasters;

(e) whether Reference Interconnect Offer (RIO) offers channels on both bouquet and a-la-carte basis to ensure that consumer can buy any one without being at price disadvantage; and

(f) if not, the action taken against these broadcasters who do not follow the guidelines issued by TRAI regard and the penalty imposed on them?

## ANSWER

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

(a)  Under the provisions of the Telecom Regulatory Authority of India Act. 1997 as amended from time to time, the Authority has been entrusted with functions of regulating Broadcasting and Cable Television Sector. The Authority from time to time issues Regulations, Tariff Orders and Directions for regulating the broadcasting and cable TV sector.  The Authority has made a comprehensive  regulatory  framework  encompassing  Interconnection  Regulations,  Register  of Interconnection  Regulation,  Quality  of  Service  Regulation,  Consumer  Complaint  Redressal Regulation  and  Tariff  Orders.    The  regulations  /  Tariff  Orders  issued  by  the  Authority  are available on TRAI's website www.trai.gov.in.

(b)  The  Telecommunication  (Broadcasting  and  Cable  Services)  Interconnection  Regulation, 2004 (13 of 2004), as amended from time to time, inter-alia provides that no broadcaster of TV channels  shall engage  in any practice of activity or enter into any understanding  or arrangement, including exclusive contracts with any distributor of TV channels that prevents any other  distributor  of  TV  channels  from  obtaining  such  TV  channels  for  distribution.    Every broadcaster shall provide on request signals of its TV channels on non-discriminatory terms to all distributors of TV channels, which may include, but be not limited to a cable operator, direct to  home  operator,  multi  system  operator,  headend-in-the-sky  operators;  HITS  operators  and multi system operators shall also, on request, re-transmit signals received from a broadcaster, on a non-discriminatory basis to cable operators.

(c) The TRAI has notified 'The Register of Interconnect Agreements (Broadcasting and Cable Services), Regulation 2004' dated 31.12.2004, as amended from time to time, which provides the  framework  for  filing  of  details  of  interconnection  agreement  entered  into  by  the  service providers.  The  regulation  provides  that  all  broadcasters  shall  register  with  TRAI  interconnect agreements entered into by them within the time frame specified under the rules.

(d)  As mentioned above any violation of the provisions of the above mentioned regulation is dealt  in  accordance  with  the  provisions  of  section  29  and  30  of  the  TRAI  Act,  1997,  as amended.   As  per  the  Register  of  Interconnect  Agreement  filed  by  the  Broadcasters  for  the period 1 st July,  2014 to 30.6.2015 is concerned, out of 55 pay broadcasters, 54 broadcasters have submitted the details of register of interconnection agreements to TRAI.

(e) The Authority has also notified the tariff order namely the Telecommunication (Broadcasting and Cable) Services (Second) Tariff Order 2004, as amended from time to time  which inter alia, contains  the  provisions  relating  to  the  manner  of  offering  channels  by  broadcasters  and provides that every broadcaster shall offer or cause to offer on non-discriminatory basis all its channels on a-la-carte basis to the multi system operator or the cable operator, as the case may be, and specify an a-la-carte rate.  In case a broadcaster, in addition to offering all its channels on a-la-carte basis, provides, without prejudice to the provisions of sub-clause (1), to a multi system operator or to a cable operator, pay channels as part of a bouquet consisting only of pay channels or both pay and free to air channels, the rate  for such bouquet and a-la-carte rates for such pay channels forming part of that bouquet shall be subject to the conditions laid down in Telecommunication  (Broadcasting  and  Cable)  Services  (Second)  Tariff  Order  2004.    All  the addressable  distribution  platform  operators  have  been  mandated  to  offer  all  the  channels  on their platform on a-la-carte basis. This ensures that the consumer can choose channels of its choice. Further, to prevent perverse pricing of channels, the tariff order for addressable system also  mandates  a  relationship  between  the  a-la-carte  retail  prices  of  channels  vis-a-vis  the bouquet price of which this channels is a part. Presently, this tariff order is under judicial scrutiny and matter is sub-judice.

(f) Any violation of the direction of the Authority is dealt in accordance  with clause 29 and 30 of TRAI  Act.  1997.  Further  the  clause  34  of  the    TRAI  Act  stipulates  that  no  court  shall  take cognizance  of  any  offence  punishable  under  this  Act  or  the  rules  or  regulations  made thereunder, save on a complaint made by the Authority and no court inferior to that of a Chief Metropolitan  Magistrate  or  a  Chief  Judicial  Magistrate  of  first  class  shall  try  any  offence punishable under this Act.

TRAI from time to time files complaints in the court of  Chief Metropolitan Magistrate whenever any violation of the  regulation / direction comes to its notice.

*******