Stake Holders Broadcasters Multi System Operators (MSO) Franchisees/cable Operators (LCO) End Subscribers TRAI /Government

Problems faced by Consumers Lack of high quality of services; Disconnection on the eve of major events; Compelled to pay for all the channels whether or not they are viewed; Compelled to pay for the channels when the channels are disconnected; Consumers are at the mercy of the stakeholders.

WHY??? Why the quality of service is lacking? Why channels are disconnected on the eve of major events? Why is he compelled to pay for the channels even if he does not want that channels? Why is he compelled to pay when the channels are disconnected? Why the consumers are the mercy of the stake holders?

Business Practice followed by the Broadcasters and MSOS Amount payable to each broadcaster depends inter alia on: (a) age of the channel; (b) popularity of channels; (c) type of content/events; (d) duration of the content/events Amount payable is negotiated and for convenience split into number of subscribers and rates Lack of transparency therefore the actual number of subscribers is not known MSOs are forced to execute Standard Agreement or avail of services on oral contracts/invoices.

Broadcasters MSOS LCOs Subscribers Revenue Flow

Dispute Levels AffectedActions BroadcastersIncreases subscription charges/revenues MSOsCorresponding increase in feed charges to LCOs LCOsCorresponding increase in subscription charges SubscribersRefusal to accede to increase

Actions by Broadcasters disconnection of services without any notice; insertion of scrolls making the dispute public; blocking the entire channel or part thereof; MSOs are liable to pay for the disconnected period; MSOs are compelled to collect from the LCOs for the disconnected period; LCOs have to also collect from end Subscribers for the disconnected period.

In case of Disputes REMEDY READILY USED DISCONNECTION by Broadcaster of the services to MSOs- therefore the – LCOs and ultimately the Consumer is deprived. The Stake Holder who suffers the MOST END SUBSCRIBER who despite paying the subscription charges cannot watch the events/programmes.

Remedies Available to Subscribers Under The Telecom Regulatory Act of India, 1997 (“TRAI Act”) Under The Consumer Protection Act, 1986 (“CPA Act”)

Problems under TRAI Act Individual Subscriber barred; High Filing Fees payable; Not locally available Therefore an individual consumer has no option but to go under the CPA.

Why CPA Act? No court fees; Advocates not necessary; Forum in every district; Provision for quick dispute resolution.

Problems under CPA Act Not practical to initiate action as the subscription charges are very small; Difficulty in quantifying damages; Backlog of cases; Therefore Consumer is back to square one

Remedies Suggested FOR BROADCASTERS No disconnection of signals; No blocking of the viewing area; No scroll or any other insertions on the screen which would force either the MSO or LCO to disconnect the signals Disputes Resolution through TDSAT ; Ensure continuity of services despite the dispute; TDSAT bench can it be increased?

Other Remedies Standard Agreement between all stake holders; Service Levels to be spelt out by TRAI; All Broadcasters “Must provide” the content to all the MSOs; Transparency through adressable system – which will solve most of the disputes