What Regulations apply? The Telecommunication (Broadcasting and Cable Services) Interconnection Regulation, 2004 amended eight times till date. Which.

Slides:



Advertisements
Similar presentations
PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.
Advertisements

Telecom Regulatory Authority of India An introduction.
Presentation on the Agreement on Import Licensing Procedures By Shashank Priya, Director, Department of Commerce.
Contract and Grant Provisions and Administration Section 105 (Page 30) Title I The Act.
GATS & Telecom Transparency. Key Ingredients for Reform }Clearly set out policies in laws, regulations, licenses, contracts }Make all processes open.
Study on Digital Switchover Plan in SATRC Countries 2 nd SATRC Spectrum WG Meeting March, 2014 Tehran, I.R.Iran Rumana Haque Bangladesh Telecommunication.
MANJUL BAJPAI Indore – “DISPUTE RESOLUTION AND REDRESSAL OF CONSUMER GRIEVANCES IN TELECOM AND BROADCASTING SECTORS”
Stake Holders Broadcasters Multi System Operators (MSO) Franchisees/cable Operators (LCO) End Subscribers TRAI /Government.
COSTS AGREEMENTS AND DISCLOSURES BAR ASSOCIATION CPD SEMINAR 2 AUGUST 2007 By Roger Traves SC.
WHAT’S NEW IN HOTEL CONTRACTS
1 Review of the 1958 Agreement Overall Objectives: fostering participation of more countries and regional economic integration organizations in the activities.
Parameswaran N., Principal Advisor (Broadcasting & Cable Services) Telecom Regulatory Authority of India.
Pay Channel Market: Realities & Reforms TDSAT Presentation May 2010.
Self-Governance Negotiations What to expect at the negotiation table 1.
TDSAT Seminar 20 th October, 2007 Srinagar Consumer Rights under the TRAI Act, 1997 & Redressal of Consumer Grievances by Indu Malhotra Sr. Advocate Supreme.
1 Telecom Regulatory Authority of India Regulation of Broadcasting & Cable TV Services TDSAT Seminar on Dispute Resolution & Redressal of Consumers’ Grievances.
SUCCESS AND LAWYERS’ FEES IN TURKEY Av Cumhur Kemal Turam Member, Bar of Istanbul.
Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 1 The purpose of labour dispute.
1 The Telecommunications Consumer Board The Telecommunications Complaints Board International Seminar on Dispute Resolution Scenario in the Telecom Sector,
DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 (DIVCA): Demystifying the “New Rules”
Cable TV Industry – INDIA
CA NITIN GUPTA Download Source-
Simplification of lighting and light signalling Regulations (SLR): options and issues Transmitted by the GRE Chair Informal document WP (166th.
CONFORMITY ASSESSMENT FOR THOSE WHO DID NOT ATTEND CA CONFORMITY ASSESSMENT (CA) PROCEDURES INCLUDE: SAMPLING AND TESTING INSPECTION CERTIFICATION.
MANJUL BAJPAI AHMEDABAD STATUS OF DISPUTE SETTLEMENT MECHANISM IN TELECOM AND BROADCASTING SECTORS IN INDIA.
MSO and the Regulatory Framework. TRUTH AT THE GROUND LEVEL  The charges payable by MSOs to broadcasters are fixed on mutually agreed / lump–sum amounts.
Local Assessment of Code of Conduct Complaints. 2 Background  On 08 May 2008 – the local assessment of Code of Conduct complaints was implemented due.
INCREASE OF AUTHORISED SHARE CAPITAL 1)Where a company planning to increase its share capital beyond its authorised share capital, it should file with.
Implementation of EU Electronic Communication Directives.
Digital Addressable Systems
Certificate for Introduction to Securities & Investment (Cert.ISI) Unit 1 Lesson 59:  Breaches, complaints and compensation  The difference between a.
DAS - THE FUTURE REGULATORY IMPLICATIONS IN DIGITAL ADDRESSABLE SYSTEMS (DAS) KUNAL TANDON ADVOCATE.
Seminar on Dispute Resolution in Telecom and Broadcasting Sectors TDSAT 20 th November 2010, Bangalore.
Level 3 Commercial Energy Performance Certificates Next Steps after Training PRESENTED BY.
Digitalisation Heading Nowhere! TDSAT Seminar, Nainital (Uttarakhand)
Presentation By R K Arnold I.T.S. Secretary, TRAI TDSAT Seminar, Chennai on Dispute Resolution in Telecom.
Industrial Employment (Standing Orders) Act,1946 The Labour Investigation Committee, in its Report, at p. 113 (1946) had observed "An industrial worker.
Directive on the Authorisation of electronic communications networks & Services Directive (2002/20/EC) Authorisation Directive Presented by: Nelisa Gwele.
Intellectual Property Rights Economy and Ownership of Results in IST Projects The Research Council of Norway Niels Peter Thorshaug.
TDSAT SEMINAR “D ISPUTE R ESOLUTION S CENARIO IN B ROADCASTING S ECTORS ” 30/08/2008 Presented by : Avnindra Mohan ZEE NETWORK.
Right shares and bonus shares
Introduced some basic knowledge of the contract First, what is the contract? Contract, also known as contract. China's definition of the contract, the.
Nov 26th, 06 STATUS OF DISPUTE SETTLEMENT MECHANISM (FOR TELECOM & BROADCASTING SECTORS IN INDIA Submitted to: submitted by: Tanushri mukherjee Anshul.
SERVICE TAX Point of Taxation Rules, Contents Erstwhile Rules Point of Taxation Rules, 2011 Guidelines relating to availing credit Guidelines.
UNIVERSITY OF DAR ES SALAAM t Selection and Employment of Consultants Negotiations with Consultants; Monitoring Performance of Consultants; Resolving Disputes.
MANJUL BAJPAI AHMEDABAD – “REGULATORY FRAMEWORK AND DISPUTE RESOLUTION IN TELECOM, BROADCASTING AND CABLE SERVICE SECTORS”
International Benchmarking in the context of WTO commitments by Patrick Xavier School of Business Swinburne University of Technology Melbourne ITUWorkshop(3)
Excellent Public Schools Act of 2013 Instructional Collaboration Day II January 3, 2014.
Change Orders, Extras and Claims Presented by Geoffrey Cantello, City of Ottawa.
MANJUL BAJPAI Mumbai – “DISPUTE RESOLUTION IN TELECOM AND BROADCASTING SECTORS”
January 2009: PRS Template Presentation PRS for Music Code of Conduct.
LEB Slide Set 5 International and British Contract Law Entire Agreement ICC Model Contract Matti Rudanko.
International Contracts Slide Set 7 International and British Contract Law Entire Agreement ICC Model Contract Matti Rudanko.
DIGITAL ADDRESSABLE SYSTEMS Vibhav Srivastava Advocate
Article 4 [Obligations of Applicant] 4.1. As a sole and exclusive owner of the Application, Applicant warrants that.
Non-resident not having PAN get a breather Customer Care No
Contestability in Connections Contestability Working Group Meeting NIE/SONI Joint Presentation 9 September
Liberalisation and regulation in the telecommunication sector: Theory and empirical evidence Week 3 The European Regulatory Framework for the Telecommunication.
Digital Addressable Systems, Challenges & Way Forward
Dispute Resolution Between ICT Service Providers in Saudi Arabia
Administration of a FIDIC Contract - Project Control
MANJUL BAJPAI Lucknow –
INTERCONNECTION GUIDELINES
Customer Care No Relaxation to non-residents from higher withholding tax rate in the absence of PAN – Much needed relief
Digital Addressable Systems
ExhibitorLive 2018 IFES Global Village
Regulation and Procedures of Interconnection
Proposed Transitional Gas Exit Arrangements
Presentation transcript:

What Regulations apply? The Telecommunication (Broadcasting and Cable Services) Interconnection Regulation, 2004 amended eight times till date. Which are the relevant Clauses? Clause 8 states- Process must begin 2 months before the expiry date Terms and conditions of existing Agreement to continue for 3 months or till a new Agreement is reached. New Agreement applies retrospectively from the expiry date. Failure to arrive at an Agreement entitles the broadcaster to disconnect.

Clause 11 states- To finalize the subscriber base at the time of renewal – all changes in subscriber base of the MSO/LCO for past 3 years must be taken into account alongwith the changes in subscriber base of other MSOs of the same and adjoining areas. Clause 13 states- Introduces the concept of Reference Interconnect Offer (RIO) for non- addressable systems. Technical and commercial conditions for interconnection notified. Forms basis of all agreements. Addition/subtraction to RIO is allowed subject to mutual agreement between the parties

Fixed Fee Agreements where a fixed monthly or yearly fee is charged. Fixed Fee Agreement where a fixed cost per subscriber rate is charged taking a benchmark subscribers. A hybrid model of (a) and (b) above, i.e. fixed fee upto a benchmark subscribers and cost per subscriber beyond that.

Clause 2(o) defines RIO to mean agreement published by a party, prescribing conditions by fulfilling which other parties would be entitled to obtain interconnection from that party. Subscriber base whether for fixed fee or RIO is always negotiated as it is difficult to know the exact subscriber base.

Begins atleast two months prior to the expiry date and continues upto 3 months post expiry. Agreement applies retrospectively. Negotiate with broadcasters accordingly. The main dispute in analogue pertains to finalization of subscriber base.

MSO should study its market, subscriber base, changing trends of subscriber base of other MSOs in the same and adjoining areas. Study the market well. Understand whether a fixed fee deal, a CPS deal or a hybrid deal is best for the MSO/LCO. Negotiate basis such understanding. If there is any failure to renew, MSO/LCO shall not hesitate to apply to Hon'ble TDSAT to resolve its disputes.

What is DAS? DAS is a system/electronic device which encrypts and decrypts signals through conditional access systems and subscriber management system. It scores over analogue as DAS addresses the issues of Addressability Encrypted signals the subscriber gets a choice of what to watch and what not to. DAS has been notified by the Central Government on for 4 metros and thereafter in 38 cities in the country w.e.f

What Regulations apply? The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations, 2012 amended four times Which are the Relevant Clauses? Clause 5(16) provides: Enter into an Agreement before expiry of existing Agreement. Provisions of new Agreement to apply till new Agreement is executed or 3 months, whichever is earlier. If new Agreement is executed within 3 months, new Agreement shall apply retrospectively. If MSO renews the Agreement from fixed fee to RIO or vice-versa, then retrospectivity of the agreement cannot be applied. Refer Hathway Cable & Datacom Ltd. Vs. Star Sports India Pvt. Ltd. dated passed by Hon'ble TDSAT. Failure to execute any agreement entitles broadcaster to disconnect.

Kinds of Fixed Fee Agreement remain the same as analogue. RIO Agreement is based on actual number of subscribers viewing a particular channel, as the channels are mostly being offered on a-la- carte.

MSO must begin the process atleast two months prior to the expiry date, though the clause is silent on the time period. Negotiate with broadcaster accordingly.

In almost every case, the negotiations continue beyond expiry of erstwhile Agreement and in most cases, beyond 3 months post expiry. This raises questions of what payment shall be made until the new agreement is reached. TDSAT in Hathway judgment, held that agreements executed after expiry in DAS do not enjoy retrospectivity if the renewal is from one form of Agreement to another. Thus, we are left to decide what payment has to be made for the intervening period. No answer found in the Regulations. TDSAT has directed TRAI to study this aspect.

Make an attempt to renew agreement before expiry by initiating the process atleast 2 months in advance. Study your market well. Shift to RIO immediately upon expiry. Quick decision making. Opt for a-la-carte or bouquet, as per requirement. Payment for the intervening period should be continued at the rates provided in the old agreement till the execution of the RIO or a mutually agreed deal (covering aspect of effective date as well). Seek TRAIs or Hon'ble TDSATs intervention for ensuring non- discriminatory treatment. TRAI to study and notify appropriate regulation in this regard.