IN THE HIGH COURT OF DELHI AT NEW D~LHI (CIVIL EXTRAORDINARY WRIT JURISDICTION) of2017 Writ Petition (C) No. IN THE MATTER OF: . 2 .1 ".:g: 6 (I, ... Petitioner T.V Today Network Ltd. Versus ... Respondents Union of Indiaos Ors. MASTER INDEX • d, ; (. . ,i'" S., VOLUME-I SL. NO PARTICULARS PAGE(S) 1. Notice of Motion 1 2. Urgent Application 2 3. Memo of Parties 4. Synopsis & List of Dates 5. Petition ' .under Article 226/227 of the Constitution of India seeking a writ or direction from this Hon'ble Court requiring that TRP ratings of any news channel which is in violation of the TRAI regulations, 2017 shall not be released by BARC along with supporting affidavit. Annexure P-l: The true copy of the " 6. , ~ - t 3-4 5-16 . 17-46 i 47 Resolution dated 09.02.2017 of TVTN. 7. Annexure P-2· Colly: The true copies of the , ,.' . '.. ~, _•.,., , _ t "" ~ I • Regulations, 2017 and its memorandum of 48-107 explanation. I I I 'I rill'! 'Ill ~H""fIt .Ii l'l Il_, PAGE(S) $L. NO PARTICVLARS 8. Annexure P-3 Colly: The true Copies of up • • ,r',- . , '. ,d"," .' .'" '. 108-159 to date relevant policies, guidelines, EULA. 9. Annexure P-4: The true copy of the details .". i·; .". ~ , .' of Republic TV as per the Ministry of 160 Corporate Affairs website. 10. Annexure P-5 Coll,y:True Copy of the .. , 'I " . . ,,1 ,j ,i Regulations , , 2012 with along its 161-187 memorandum of explanation. 11. Annexure P-6 Colly: True copies of the First $ ",i.,; # ,.,. " Amendment, , ',r .. 2012 along with its 188-192 memorandum of explanation. 12. Annexure P-7: True Copy of the data 193 released by BARC. 13. Annexure P-8 Colly:" True Copies of the screen grabs of varIOUS violations by 194-215 Republic TV. 14. Annexure P-9: True Copy of the complaint 216-219 dated 12.05.2017 filed by NBA 15. Annexu~e P-I0 Colly: True Copies of the 220-221 notices issued by TRAI VOLUME-II 16. Ann~x¥r~ P-l,l, Colly:True copies of several newspaper articles demonstrating the hype 222-226 attempted to be created by Republic TV. 17. Annexure P-12: True Copy of the screen ," , .... t ' .'. ", ", . 227 shot of the chrome mailer. 18. Annexure, P-13: True Copy of the Interview ..... 5 . 228-229 for Sun TV , ! "! '1"1 'l'!~lI'Tmn iiii!' , 19. True Copy of the DAVP P-14: Annexure ,_" _. x ' '_\ ... rates determined by TRP 230-231 23. Application under CM No. Section 151 of the Code of Civil Procedure, 242-245 1908 for interim directions . along with Affidavit in support. Application under CM No. Section 151 of the Code of Civil Procedure, 1908 seeking exemption from . filing original/ 246-249 typed / clear/ certified ·copies with markings or margins on the documents along with Affidavit in support. Application under CM No. Section 151 of the Code of Civil Procedure, 1908 seeking permission to file lengthy list 250-252 of dates and synopsis along with Affidavit in support. Vakalatnama 253 24. Court Fee 25. Proof of Service , 20. 21. 22. 254 ~---- LPl 8t Partners LLP Advocates &. Solicitors . Qffice:- A-62, FF, Defence Colony, New Delhi- 110024, INDIA - T: +91 11 41051167 Chamber:- No.103, A. K. Sen block, Supreme Court, New Delhi-110001, INDIA - T: +91 11 23381351 E:office@lpjpartners.comW: www.lpjpartners.com Through: Mr. Prasouk lain (D/1182/11 - L.: 0120- 4237719) Place: New Delhi Date:17.05.2017 ,r:... :: .. i ". IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL EXTRAORDINARY WRIT JURISDICTION)' . of 2017 Writ Petition (C) No. IN THE MATTER OF: t. .._}, _ i.' " j ,4 • ... Petitioner T.V Today Network Ltd. Versus ... Respondents Union of India& Ors. VOLUME-I , ", PARTICULARS SL. NO PAGE(S) 1. Notice of Motion 1 2. Urgent Application 2 3. Memo of Parties 4. Synopsis & List of Dates 5. Petition under Article 226/227 of the Constitution of India seeking a writ or direction from this Hon'ble Court requiring that TRP ratings of any news channel which is in violation of the TRAI regulations, 2017' shall not be released by BARC along with supporting affidavit. Annexure P-l: The true copy of the 6. ,'. 3-4 . 17-46 :t;,". 47 Resolution dated 09.02.2017 of TVTN. 7. 5-16 Annexure P-2 Colly: The true copies of the & _', x" • _ ,.' " __~ Regulations, 2017 and its memorandum of 48-107 explanation. 8. Ann~.xure P-3Colly: The true Copies of up to date relevant policies, guidelines, EULA. 108-159 , I 'I 'I" II'!~n'T~m i!WI PAGE(S) SL. NO PARTICULARS 9. Annexure P-4: The true copy of the details 160 of Republic TV as per the Ministry of Corporate Affairs website. 10. Copy of the Colly:True , Annexure ;. P-5 , ; '.' t . ({ . ..... " . 2012 Regulations, with along its 161-187 memorandum of explanation. 11. Annexure P-6 Colly: True copies of the First •. ' ''',' ( _. . Amendment, ,.'p 'r.,· 2012 along with its 188-192 memorandum of explanation. 12. Annexure P-7: True Copy of the data 193 released by BARC. 13. Annexure P-8 Colly: True Copies of the screen grabs of vanous violations by 194-215 Republic TV. 14. Annexure P-9: True Copy of the complaint 216-219 ! dated 12.05.2017 filed by NBA· 15. Annexure P-IO Colly: True Copies of the 220-221 . notices issued by TRAI CONTO•• VOLUME-II LPJ 8r. Partners LLP Advoc es ollcltcrs Office:- A-62, FF, Defence Colony, New Delhi- 110024, INDIA - T: +91 11 410~1167 Chamber:- No.103, A. K. Sen block, Supreme Court, New Delhi-110001, INDIA - T: +91 11 23381351 E: oftice@lQjpartners.comW: www.lpjpartners.com Through: Mr. Prasouk Jain (D/1182/11- L.: 0120- 4237719) Place: New Delhi . Date:17.05.2017 ; I "! !I'! \I'!'n"nm 'Ii'" in." I 3 . IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL EXTRAORDINARY WRIT JURISDICTION) Writ Petition (C) No. of 2017 IN THE MATTER 01": TV Today Network Ltd. Petitioner 1 Versus Union of India& Ors. Respondents Sir, NOTICE OF MOTIQN TAKE NOTICE that the present Petition and the accompanying applications will be listed before the Hon'ble Court on 10.30 am in the forenoon or soon thereafter as may be convenient to the Court. DRAWN FILED BY: V5 LPJ Partners LLP Advocat Suliutors Officer A-EZ, FF, Defence Colony, New Delhi- 110024, INDIA - T: +91 11 41051157 namberz- No.103, A. K, Sen block, Supreme Court, New Delhi-110001, INDIA -- T: +91 1123381351 E: office @Ip'pamierseomW: Through: Mr. Prasouk Jain - 0120- 4237719) "Ti: Place: New Delhi Date 17.05.2017 .2 IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY WRIT Writ Petition (C) No. of 2017 IN THE MATTER OF: T.V Today Network Ltd. Petitioner Versus Union of India& Ors. Respondents IJRGENT APPLICATION To, The Registrar High Court of Delhi New Delhi Sir, Kindly treat the present writ petition and accompanying applications as URGENT in accordance with the High Court Rules and Orders. The ground of urgency are as mentioned in the prayer clause. Yours faithfully, 1} LP) Partners LL A cates Er Sollcitors OfficerA-SZ, FF, De ence Colony, New Delhi- 110024, INDIA - T: +91 11 41051167 N0.103, A. K. Sen block, Supreme Court, New Delhi-110001, INDIA - T: 91 11 23381351 E: office 1212 Through: Mr. Prasouk Jain - L.: 0120- 4237719) Date 17.052017 Place: New Delhi ,lillT 7l1illioJl.i,L. I, III, I , " ",~. IN THE HIGH COURT OF DELHI AT NEW DELHI , (CIVIL EXTRAORDINARY WRIT JURISDICTION) Writ Petition (C) No. Of 2017 MEMO OF PARTIES ." ( ' . Ii '" IN THE MATTER OF: j ; . T.V. Today ;: • Net~ork Ltd. Through its Authorised representative Dr. Puneet Jain Having its Regd, Office at: F-26. First Floor, . Connnaught Circus, New Delhi- 110001 ... Petitioner Versus 1. Union of India Ministry of Information and Broadcasting(MIB) . Through itsSecretary Dr Rajendra.Prasad Bhavan, .. .Rd, Shastri . • to· . New Delhi- 110001 2. Telecom Regulatory Authority of India (TRAI) Through its ,Chairman . :. Mahanagar Doorsanchar Bhawan Next to Zakir Hussain College Jawaharlal Nehru Marg (Old Minto Road) New Delhi- 110 002 3. Broadcast Audience Research Council (BARC) iJU: li~illHiiii, ~,II I I , ttf· " Through it Chairman Rose' Cottage Next to Citi Tower 61, Dr. 8.S, Rao Road, Pare1 (East), Mumbai- 400 '.012 .. 4. ARG Outliner Media Asianet News Pvt. Ltd. Through its Director B-170 1/1702 Raheja Atlantis CHS, Ganpatrao Kadam Marg, Lower Parel Mumbai, Mumbai City Maharasthra- 400 013 .' ...Respondents Through AdVO~~i IrI J\16t.it Fi H1H.lt Caolum LPJ & Partners LLP Office:- A-62, FF, Defence Colony, New Delhi- 110024, INDIA - T: +91 11 41051167 Chamber:- No.l03, A. K. Sen block, Supreme Court, New Oelhi-110001, INDIA - T: +91 11 23381351 E: office@lpjpartners.comW: www.lpjpartners.com . ... ' . ' Through: Mr. Prasouk Jain (D/1182/11 - L.: 0120- 4237719) Place: New Delhi Date 17.05.2017 , , " . IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL EXTRAORD1NARY'WRIT .JURISPICTIQN) .., . '. of2017 Writ Petition '(e) ·:No. .,' .;. IN THE MATTER OF: ; • i . ~ ~ Petitioner T.V Today Network Ltd. ·Versus " Union oflndia& Ors. ... Respondents . . ' . SYNOPSIS AND'LIST OF:DATES , .. " . The present, Writ Petition' has been filed by the Petitioner drawing the attention of this Hon'ble Court towards the unlawful and unethical acts of Respondent No.4 - Republic TV which has been launched as an English news channel on 6 th May 20.~7. It pertains to the violation of the regulations contained in the TRAI Regulations, 2017 and the First . . Amendment to the TRAI Regulations. in 2012, allowing each channel to .be liste~. under.'?nly one genre and appearing at one place as part of one Logical Channel Number (LCN) in 'a distributor's Electronic Program Guide (EPG). Republic TV has violated these Regulations byregistering itself under different genres and .getting itself listed on multiple LCNs. This has been done. to artificially hike the Television Rating Point (TRP), which is an indicator of and positively co- '".,ii .. ,JI , . , • • • . -ii, ,,,~.• i •.;, •..•.. (,. I, ! .• ,", .. ,., •.\'•.• ' '., •..•• ,.1.,)._ ••.•:. :'\)!:~":~'·'·'·1'IS~l.~P ~ •• t·. ,E• • . • . . • . •.\1:::'1'i':.~~;7'""--: . " .. '.~ .."' .." " ' , relates to the revenue, advertisements and overall market share. The Petitioner has approached this Hon'ble Court with a sense of urgency to prohibit Respondent No.3 (BARC) from releasing the TRP ratings of Republic TV specifically and any other news channel generally, which are in violation of not only the TRAI regulations, 2017 and 2012 hut also in violation of the Code of Conduct, Principles of Fair, and Permissible Usage and End Users License.Agreementtgtfl.A] of BARC. BARC releases its TRP ratings on a weekly basis but for some reason best known to it has not released any new ratings since May 5 th 2017. BARC is scheduled to release its latest ratings on May 18 th , , , 2017. If BARC"is allowed to release the TRP ratings of Republic TV, then it will have the. irreparable d~age of distorting the ratings of all the English . news channels based on faulty and .. corrupt data, arrived at "without discounting the hike in viewership due to usage of multiple ,LeN, in violation of rules. The effect of such a release Will continue for weeks after the initial TRP ratings, thereby caus~hg continued cause of action. It will also wrongly.incentivize other' 'news channels to follow suit and fall foul of the TRAI regulations to increase their TRP ratings'. "~ " :,.' .:;1 '::! .::~. ::;; n' ~'~; ~ ~; :;:: ;,1 .:.: : •.- , T~.j" •... lii,I" •• ;; .. ;, ", \..;;:, ',' .• ,.,1 .. 1.,Oi l Oi ,I ",' ,,,'n',,' _.,.......',..'" . " " ...777,,,-"," ._,.,.-".,.,....,,-....,........., Further, any action taken' 'retrospectively either by TRAI or BARe will not be sufficient to provide restitutioadinieqrum to the Petitioner as a leading news channel. .: Therefore, the Petitiorter prays. for . a n .interim relief, amongst others, requiring that the Respondents should collectively and individually ensure that the TRP ratings of any news channel, . " . in violation of.the TRAI regulations should not be allowed to be released in public domain, to the disadvantage of the industry, advertisers arid general people alike.. Hence the present petition. .... ' LIST OF DATES AND EVENTS 1997 The Telecom Regulatory Authority of India Act, .. 1997 (hereinafter referred to as "TRAI Act") was promulgated due to the tremendous . .. growth in services by private operators with respect to various kinds of telecom services which necessitated a Government body with all the statutory powers like TRAI. No. Respondent 30.04,2012 2 issued the .' ." .Telecorpmuriicatibn (Broadcasting and Cable ': Services) Interconnection (Digital Addressable .... ); ' H__~~..~.. '~~~""""""---'-""""""""""""""'''''''''''''''''''''''''''' .. :, - ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '-' ' -' ' '-' ' ' ' ' ..' ' '-,,.....,.'~..,'' ' -' ,= .....-r-r.. ..,.,' .. ...", .. ,.", ..."....., . ..,...... •. ,.....,.,.....----:'"'."""' .•.•,:".~~" . . . : ' n""" .' .;,.,.~ 2012"). The Respondent No..· 2 . amended the 2012 regulations ",,' by 'way of a notification dated ;.; > .. : :} if. . , ,', ",.""~' 1.4.04.20 12~ The, said amendment notification was called the Telecommunication ~d (Broadcasting interconnection Cable Services) Addressable (Digital Cable Amendment) .:Television , Systems)' (first .. Regulations, 2012 (Hereinafter referred to as ' Ameridme~t, . the "First , 2012"). The said .' amendment was brought forth to amend the Regulation 5 of the 2012 regulation as follows': • In regulation (5) of the princiI?al regulations, after sub-regulation (14),', the following subregulationshall .be inserted, namely:(((14A) Every broadcaster shall declare the genre 0/.its channels and such genre shall ; . be either News, and Current Affairs or ,Infotainment or Sports or Kids or Music or Lifestyle or Devotional Movies or or'· General Religious or Entertainment .. " . '"3.' ...' " ,' '..·.·;· ,.."..,,',, '0":••••,'.'.,.••, ;.:".., ;.. ;.: .. :..: ",.:" ,.,:." ,..:.:,.,.:.. : :., , , '.' .. '.Ii...•.. I '.' ; '.: · ·:'._.l:w'; ,~:.w<.."..·.·.·..·. '.. '.. ' .' . '.-."1:',. "-.- ,,: .: '. • • • • . • •• •• • . . :(1 .. (Hindi) or General Entertainment (English) . . : or General . Eniertainmeni (regional language). (Emphasis Supplied) ,.;. .{ 14(B) Tne multi system operator shall " :':; place the channels of a broadcaster in the :.; genre declared by such broadcaster. 14(C) No broadcaster shall demand from .:." : the multi-system operator. to assign a , , " ' particular number to its channels. » • In regulation (5) ofthe principal regulations) . after proviso . .' to sub-regulation (15), the following sub-regulation shall be inserted, riamelut(((1 SA) Every multi system operator shall displau, in. his Electronic Programme Guide) • . i. • all the' channels offered by "him, 'in the same genre in which a. particular channel has been . . indicated. . by' the broadcaster and one '. channel.shall appear in only one genre. JJ (Emphasis Supplied) The said First Amendment, 2012 was brought by the. Respondent No. 2 to specifically ." .forth . . , deal with the eventuality of a channel' being ~. ~ ; :.'~ ,:"j . . ' ,.. .,. . ... '. '." . ", ..• , ~,~.":J':.~~~. ,.. ':" e, '.J .,'••••••••• ' ••.••. ' ••• '." ', •.''m. '., ••'~~:;."':""':" .•, ••..' ••••••>z-; , •.••. , " :,,=~~,,,,,",,~, ,~' ~~'.•.-:::-:.:••:!0':':..:.07":".•:: ":"': •• ••,.,.,.., ••. -; ,. ,••••• Pi.. ,i.,.·.· ··: .' •.•;t'.I}: v: :•..:.:'..:.~..~.::.:.:.: ......•.•. ~ :...'.•:.:~ -:~::.::.:::._;.~ ~ ..•..•••. :.: to placed in a' disadvantageous position as compared to another channel of the same genre by a Distributor. The same was done by .: .making. mandatory provisions' for a broadcaster to indicate the genre of the channel th~' Multi arid System Operator (Hereinafter referred to "as "MSO") to include ", :~: :. "the broadcaster in, .the genre declared. This besides being fair to the broadcaster also streamlined the Electronic Programme Guide " " , (Hereinafter .referred to "EPG") by listing all channels of .the same genre together making it more user friendly. 03.03.2017 That as per .. the. roadmap notified by Respondent No.1 for the Broadcasting Sector, I, the of provisioning Cable Services after 31.03.2017 was 'permitted through Digital Addressable .Systems only and decided to focus towards digital India and started consultation on Interconnection framework for Broadcasting TV Services distributed through Addressable Systems and after ,detailed analysis .of the .. ", ' comments, expressed ~---"""""""".,.=,,,"":.,, ., , ,.', ..' " . counter-comments, by and . This stakeholders. 4" "1 .' I .,,c••.O f •••.• ; '0' .•••• VIews i" ••• ".:;:\" - •.••...•.• I', , , ' , • • J ._. · ,:-:,\ I, , , finallyculminated into the Respondent No. 2 , ' publishing, ','" .:; the Telecommunication -: ',' and [Broadcasting Interconnection Cable) Services '(Addressable Systems) Regulations, 2017 (Hereinafter referred to as , . " ' "Regulations, 2017"). That a perusal of Regulation 18 of the Regulations, 2017 would reveal that it lays down the same guidelines laid down by the First Amendment, 2012. Relevant extract of the 'Regulation 18 of .the Regulations, 2017 is reproduced herein below: ' ,"18", Listing' 'of channels programme guide.- in electronic Every (1) broadcaster shall declare the genre of " its channels and such genre shall be , either " or 'Devotional' Entertainmen~' 'General or 'Infotainment' or 'Kids' or 'Movies' or 'Music' or 'News , , " ' and currenz ,Affairs' or 'Sports' or 'Miscellaneous'. (2) Itshall be mandatory for the distributor " , ;,., , • • •-, '. , •••• ' •• , j ' , to, place ,: channels " l. [... '. ••.• I E. I In the !..,,'. '" electronic . " .. , I.,.•. •• I~ :; , programme guide, in such " .; a way that the television channels of same genre, as declared by the broadcasters, are placed together consecutively «r&d pne chq.nn"l ... , ' shall apRear a.t'one place only: C i. .. • Provided, that all television channels of .' , sam~, lanquaqe within the same qenre , , ' ,shall appear together consecutioelu in the electronic programme guide: ' Provided further that it shall be' permissible ',. to, the distributor to place a : channel under sub-genre within the genre declared for. the .channel by the broadcaster. ': . (3) Every channels distributor shall of teleuision assign a unique channel number' for ea.ch teleuision channel available on the distribution .' ... : network. (4) The channel number once assigned to a particular television channel shall not be . . .' . .altered by the distributor for a period of at .: least' one year from, the date of such '. : •• - : . ; -. 1 Provided that this sub-requlaiiori shall not , , " , in case the apply channel becomes unavailable on the distribution network: Provided further that if a broadcaster chang,~ the genre of Cl channel then the channel number assigned to that particular television channel shall. be changed': to place together with t!'te genre in 'the such ch~nitels electronic channe; of new program guide.'" (E~phasis Supplied) '05.05.2017 Broadcast Audience Research Council (Hereinafter.' referred to as the BARe) releases weekly data every Thursday with respect to , , ' :. "Television Rating Po~t (Hereinafter referred to as TRP) of different channels that prescribe to , the data by entering into an End Users License Agreement (Hereinafter referred to as the EULA) with' BARC, and has last released its data into thepublic fora till 05.05.2017. That BAARC is set to.' release its weekly data on '" :~ ;'. ,., :::: ~:~ ; ':.'.' ...• ,', ; 1, ,;. '. , ; ..•.$.• \":.'~.,:.,,",. '._ ~,'., ·,,·.'.'.,v..... .' •. ,•.,,\'.: ••.• '? •• •. . J • •11... ..: .•• J' : .:-~ " ' t ,. '.',,- 'I •• :.j ; ! to;'K(,t.! .$ ':~I'!-:'f~~ I, ' t•..... ,.• "". .~1";:~~~;"'~-7. :.', .:~'," •••.•.•• ',' ,'.• 18.05.2017 which TVTN feels will be greatly .: prejudicial to the interest of all the channels in .;. '. ' 'News and Current Affairs' genre since Republic TV would have an unfair advantage of ,.: "being onvdual Logical Channel Number (Hereinafter referred to "LeN")., 06.05.2017 The Respondent No. 4 launched "Republic TV" " - an English news channel which is allegedly viol~ting . Regulation . 18 of' the Regulations, 2017 by obtaining more than 1 LCN at multiple MSO's,/ Distributors. 12.05.2017 That .TVTN' and various other broadcasters feared foul play and tampering of the data \ maintained by BARC and accordingly decided to approach the News Broadcasters Association (Hereinafter referred to as "NBA") , , ", , to take up the' issue with the .concerned authorities. That accordingly based on the proof of'violation being submitted to NBA a '. ," . . complaint regarding the' infractions of Republic TV was made. to TRAl. , 15.05.2017 That based on the, Complaint made by NBA against the. infractions of Republic TV with . ::': .1, 1. ; I ' .. PI.l , · . ·.• 1 , .--.. . , _ \.' " .j•••••• ' , ........ ' ..: IS- , , " , tacit support of MSO's/ DPO's/ Distributors, TRAI issued a show cause notice to some of the MSO's/ OPO's/ Distributors asking them to furnish their detailed comments on the violation of transmission of a TV Channel on multiple LeN's under different Genre within a period of 3 days. It is pertinent to note at this . '. juncture that despite a. complaint being made . .'. by NBA against the Republic TV, no notices .:~ have been. issued. by TRAI against Republic TV so far, .: :.>. May 2017 That following suit of the illegal actions of Republic TV, various other channels have also followed suit and they are also getting listed in ,:multiple LeN's by.' several MSO's/ DPO's/ " ' Distributors which will further effect the interest "m or TVTN unless. TVTN also follows suit contravention to its well established principlesof adhering to the law laid down by the Respondent Authorities. . . Moreover the data maintained by BARe which .. .. . is recorded by' its ': watermarking technology does not weed out viewership' emanating out of •.• c .u .... · .c•..•• t •• -•• . , Ii ·.U •. r ; •• - . •-----..,...----; ·... ' " the malpractice of dual LeN and QJ1Y data generated-by' BRAC without disregarding the mal-practitioners would bring doubt to the authenticity of the data and in very least benefit the wrongdoer TV Channels by placing them higher than the _law abiding channels. Hence this Petition. DRAWN & FILED BY: : ~~4 LPl &. Partners LLP Advocate icitors Office:- A-62, FF, Defenc . Colony, New Delhi- 110024, INDIA - T: +9~ 11 41051167 Chamber:- No.103, A. K. Sen block, Supreme Court, New Delhi-110001, INDIA - T: +91 11 23381351 E: office@lpjpartners.comW: www.lpjpartners.com Through: Mr. Prasouk lain (D/1182/11 - L.: 0120- 4237719) Place: New Delhi Date 17.05.2017 , ! "I !!"T T!'H'ffirii i1!! .....' .. ·t.··..·. IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL EXTRAORDINARY WRIT JURISDICTION) -: -: ~.: Writ Petition (:".'•..'., :..:' ~.' ,. '..-, " (15), ' " I'I'.':~':::':';'" '.. -0- . ,', .. ',':' sub-regulation thefollowing shall be . inserted, namely» "(15A) Every multi system operator shall .: display, in his Electronic Programme Guide, all the channels offered by him, in the same , , " , genre in which indicated . . by . it par-ticular channel has been the broadcaster . and, one " channel 'shaF appear in only 9ne g~71r$?' " . (Ernphasi~. Supplied) The said Firat Amendment, 2012 was brought , , forth by the Respondent. No. 2 to specifically deal with the eventuality of a channel being placed i~' a disadvantageous position as compared to another channel of the same genre by a Distributor: The same was done by mandatory provisions for a broadcaster to indicate one genre of the channel and the, Multi System Operator (Hereinafter referred to as "MSO") to include ,: the broadcaster in .the genre declared. This " , besides being fair to the broadcaster also streamlined the Electronic Programme Guide " [Hereinafter referred. to "EPG") by listing all . , , channels of the same genre together making it o :;J..P . ,. ,',' .,.,';"';";. ' ' ' ' . " .,( }ti ~tJ J .. )" ...... ,', )"..: ","'/"1,, ....';,· •. \' .•.~.l.' .. , " '. <,J, .. i.: .•.•. ,.l ••. ·· ',' \ ••.. ,. " i. " • :'i('·.l\ ...... ,i..... ~. ,I' .~".. ,. ; .... , ... , ..... " 'more user friendly. True copies of the First Amendment, 2012 along with its memorandum of explanation 'annexed IS herewith as Annexure P-6 Colly ~ , , '. , 11. . . That as per the roadmap notified by theRespondent No.1 for the Broadcasting Sector, the. provisioning of Cable , " Services after 31~03.'2b1~ was. permitted through Digital . ., Addressable Systems 'only and decided to focus towards digital India and started consultation on Interconnection framework for Broadcasting TV Services distributed . '. through Addressable, Systems and after detailed analysis of the comments, 'counter-comments, 'and views expressed by stakeholders, This finally culminated into " the Respondent No.2 publishing the Telecommunication (Broadcasting , . and Cable), Services Interconnection " (Addressable Systems) .Regulations, 2017 (Hereinafter referred to as "Regulations, 2017"). 12. That a perusal of Regulation 18 of the Regulations, 2017 ..' . would 'reveal that if lays down the same guidelines laid down by the First Amendment, 2017). Relevant extract of the Regulation 18 of the Regulations, 2017 is reproduced herein below: .: tt 18. Listing of channels in electronic , . " . . . . . . . . . . . ' .. ' e, i . . . . . II ... .guide.--- proqramme (1) Every broadcaster shall declare the genre of .... ' its channelS and. such genre shall be either. or 'Devotional' 'General .; Entertainment' or 'Infotainment' or / 'Kids' or 'Movies' or 'Music' or 'News and CUrrent A//airs' or 'SpoTts' or " 'Miscellaneous'. (2) It shall be mandatory for the distributor to . place channels programme guide, in the electronic in such a way that the .television channels of same genre, as declared by the broadcasters, are placed together consecutively and one channel ; ;:: +, shall appear at one place . onlll: . Provided that all television channels of ., same language ,'within the same genre " ' shall appear together consecutively in the electronic programme guide: ,Provided : further that it shall be permissible to the distributor to place ,a channel' under sub-genre within the genre declared (;~i for the channel by the '" ,'~:~ ".=: !:.; !t,."'.:",.. ",,,'.. '" ;,",,,,,,,,,..,."i,'""" . '. ',.",,, '" ' ' ',~, "' "' i,'',,,,''''"..,,',,,,,,,'" ,'"'' "" ,,' ':' .......,,, .: ~~~~=====mm~~~~~~~~~"":~-.....-...:"'~"=~==:"'":":""'----=",":":"' ~~:=.:~,:= . :~",: : i '", '''", " "'" ,. ".., . ""'''''',."'i,"M,,''.•.:,., .. . ",-::;:-.', ,", .:.: ...;:.. .. , ,: '.,".' 2f broadcaster. , , " . (3) Every" di$tri.butor channels cha~n~l. $hall of television assign a unique number for each television " . channel 'available on the di$tri.bution network. (4) The channel number once' a.ssigned. to a · particular channel shall not Oft . . .television .. altered by the distributor for a period of at least one: year from. the date of such '. assignment: Provided that this sub-regulation shall not apply in' case the channel becomes unavailable' on the distribution network: , · ProVided further: that if a broadcaster . " , changes the genre of a channel then the channel number assigned to that · particular ~levision , change,d channel shall be , to ,place· such cha.nnel .: together with, the channels of new genre in the electronic program guide." tl:::'; ;:.!~ ::~ \~:o ~ .;~ 'A ~:; ;: ) '1;1."-, ,<: ,.. :.;.; -,..: :'i':"";,,';.,' : I~: .: : ·:l:{,' ':;·.'·,·:! ,~ ...;.... .':.•:';.,,;.:.:.j:,:,.>:;,o:.:.:,:.:,;.:.>::,.• . ;.".: -, "J,....',' ,". ':,",,,:.":'' .:...:,'.. .:;::>.;<.0 :;" -. :.!.: ". "':." .. ,:.' .:, .: ~: :;.;,>: '..;.:.;.::.;;"'::":.,, '." '" ..... ;: . :,;~.: ~'. ",,'. " " .v': ...... . (Emphasis Supplied) " ,', 13. That the Broadcast" Audience Research Council 1 (Hereinafter referred to as the "BARC") releases weekly .. ' . ~. . data every Thursday With respect to Television Rating Point (Hereinafter, referred' to , as TRP) of different , channels that ,pres~rib~ to the data by entering into an End Users License Agreement' (Hereinafter referred to as the "EULA") with' BARC, and has last released its data into the public fora till 05.05.2017. That BARC is set to release its' weekly data on 18.05.2017 which TVTN feels will be greatly prejudicial to the interest of all the channels in 'News and Curren t Affairs' genre since Republic !V would have an unfair advantage of being on .. .. . 0.. dual Logical Channel Number (Hereinafter referred to "LCN"). True Copy of the data released by BARe till date is Annexed herewith as Annexure P-7. . ' 14. That on 06.05.2017 'the Respondent No. 4 launched "Republic TV" -an' English news channel which is allegedly violating Regula~q~ 18 of the Regulations, 2017 by obtaining more" than '''I J;CN at multiple MSO's/ Distributors, '.' :., :-.... ........ ; ... . , , " 15. That TVTN and various other broadcasters feared foul play and .tampering ofthe data, maintained by BARe and " . '.; " accordingly" decided to' 'approach the News Broadcasters \. Association (Hereinafter referred to as "NBA") to take up ....··l the Issue with the cO,ncemed,' authorities. That accordingly', based .on the .proof of violation being . ' . , . submitted to NBA a complaint regarding the infractions of Republic TV was made to TRAI. True Copies of the screen grabs of' various. violations by .Republic TV are annexed herewith as Annexure P-8 Colly. " 16. That accordingly NBA filed a, complaint against Republic TV to TRAI on 12.05.2017. True Copy of the complaint Ail dated .12.05.2017 filed by N]3.A is annexed herewith as , " ' ' Annexure p-g. 17. That based on the Complaint made by NBA against the infractions of Republic' TV with tacit support of MSO's/ . , DPO's/ Distributors, TRAI issued a show cause notice to some of the MSO's/ DPO's/ Distributors asking them to furnish their detailed comments .on the violation of transmission of a TV Channel on multiple LeN's under different Genre' within a period of 3 days. It 'is pertinent to note' at this juncture that despite complaint being made by NBA, against the Republic TV no notices have ",' ,t,.'. ?;~(:-'~ii£}~~~;tu~~\~.i;;~.~o;~i~,.~,:;i~~~~j.J;.E~~ ~;':;'~~f::1. ~: i~~~~;~~ . .;.;~~,~~;~~j~U!.~~hi.;~~~o£:i;~:';;i:: ~.i,: ),::;.:::: :.~~: . !.I;I;'::,.''. :",," j ~ ~ l 'j j i ) ;~ ': ., :: ';: been issued. by TRAI against them so far. True Copies of , the notices issued by . !~ are annexed herewith as Annexure P-l0 Colly. 18. That since Republic TV has .not been injuncted in the interregnum nor has it 'been issued a show cause notice following suit; various other 'channels have followed suit and they are also getting listed in multiple LCN's by several lYfSO's/ DPO's/Distributors which will further effect the interest of TVTN unless TVTN also follows suit ..;. in contravention to. its well . established principles of adhering to the law laid down. by the Respondent ,.;: Authorities. '.. 19. Moreover the data maintained by BARC which is recorded by its watermarking technology does not weed . . out viewership' emanating out of the malpractice of dual LCN and any data. generated by BRAC without disregarding the mal-practitioners would bring doubt to the authenticity of the data. and in very least benefit the wrongdoer TV Channels by placing them higher than the law abiding channels. . 20. Hence In the backdrop'o'of the aforesaid narrated facts that the :petitioner' .is constrained to' invoke the extraordinary jurisdiction of this Hon7JJle court, which as ii '~~ < " ? :.;' ::: ~ ::? '., ;:{.: " : :" \~; , : :':' "!!''::'' ~.!",,:'~:.f:'~.::~:~~~;,:,:.':'~~:'~~:'; .. ~::::~ -: :.:":.:: ,:::,~.:.~:{.:::,:/:::: :.~;:::.~::.'.~;::'t .:\.. :.~. '.. ,'".:;.:•.~!..' ':" .' : '.'.:.:.'.:.;:., ~.:- .:.~ :'.''.'.',":"';',' " ,'... ,'. :..' '.: ,.~ :.: ;.:: :':"':-:I:':"'~':"'< '.. ". ":.': '.' .. :.:..:.: ) ~:.•, ". '.. ; " I.• !;;;!i~;;;~1ill.~;';~it:~~:iij:,:i:;i,;i:;;;F~;@;;J>::;~;;';;; ;~':;';;;;~;";';: ::.::::::(:!~~:::.::::%;i;::.;: ;:.:;: :~:,; ;.. ;,;.:..:;,:::'.:::.;;<:·.. ;»'i::';:::::;. ::::::::;:.:;.:\., '. .. . " .". ;,;:;.;.;.;.;.;.: ;:::.;:~ -,':".:,,: :.'" .. -: " ""J::'";:''' .. ' .'," ...." .. ;.' I .' per the humble submission of the Petitioner is warranted and necessitated on the following amongst other grounds which are taken without pr~judi.ce to each another: GROUNDS A. BECAUSE . t he conscious' actions of Republic TV by placing itself in more than one LCNs, is in clear violation of Section 18 (1) of the Regulations, 2017 which provide that each channel can only be listed under one of the " . genres mentioned in Regulation 18 (1). Regulation 18 (1) reads thus: "Regulation 18(1):'. Listing of channels In electronic broadcastershall declare the programme gUide.-(l) -Every '. " genre of its channels and such genre shall be either 'Devotional' or 'General Entertainment' or 'Infotainment' or 'Kids' or 'Movies' or 'Music' or 'News and Current Affairs' or 'Sports/or 'MisceWlnepus"'(Emphasis Supplied) B. BECAUSE Republic: TV' has also consciously violatedRegulation 18(2) of the Regulations, 2017 which ." provide that one channel shall appear at one place only by placing itself in more than one Logical Channel Number (LCN). Regulation 18' (2) reads thus: .'.. ' , , ~;~~;;£J~~:~~~L~.~~~~~~~~.;~;~~i~:;;:~~;;i~~~:~.~;:~~~;::;,:L;:~j:':;::~ ;i:;:~:::::~1~~:~:~;:;;~~.:::!~};~~~:~~;!':<~3~i;~~,:;·:::~.:; i~{~~·:·;: :~;:.::.. "::\::;:.::;"" .:;"~"' ...'-;.. 30 "Regulation 18,(2): It shall be mandatonj for ., the distributor to place channels in the " . . , electronic programme guide, in such a 'way that the television channels, of same genre, as ;.; declared by the' broadcasters, are placed together consecutively and one channel ::: shall appear at one place only: Provided that all television channels of same lanquaqe within the. same .. .,fjenre 'shall appear " . together consecutively in the electronic programme guide: :' Provided further thai it shall be permissible tothe distributor to place a channel under subgenre "within the genre declared for the channel by the broadcaster" (Emphasis '" Supplied) C. BECAUSE Regulation 18 (3) of the' Regulations 2017, also , , ' provide that each television channel should be assigned a .. unique channel number and Republic TV is being distributed '6n differentchannel ~umbers. Section 18 (3) reads thus: "Regulation 18(3): Every distributor of television channels shall assign a, unique channel , " ' ' ,; I. , • . • • .,...... ) .. " . . . ' , .• ·j •• ,."",,'>•. v.(.~. ~.~."....i i.,. '0 '~"" '.' '0 .... :. It ; ",\":•. , ," i ..... "' ·:. .~ number . for', each' 'television available the on . :; channel distribution . network."(Emphasis 'Supplied) " D. BECAUSE the said violation of Regulation 18 of the Regulations, 2017 by Republic' TV is in contravention of ::: ..;. the 'c > requirement to follow a uniform Electronic Programme Guide (EPG) cluster policy which is explained in the relevant parts of the Explanatory Memorandum to the Regulations, 20 i 7 which are also reproduced herein below. '.' . ((98. In these regulations the broadcasters have been qiueti a complete freedom to declare the genre of their channels, and .in terms of the regulations) it has' been mandated that a Distribution. Platform: Operator lDPoi shall place the channels in the EPG under the respective genres so declared by the broadcasters. Further -it has' also been mandated that DPOs shall place the channels of the same genre in such a manner that all TV channels of same language within the same genre shall appear together consecutiuelu in the E,PG.:. In order to curb the practice to frequently change LeN number} it j: ;i;~ 'Ii: ,::: t: .' .. :-~: ~ ~~ '., :l'! ::~i ~~; ,. "'. ,t .. ,.·'.·.':'.·",'),""" • • . . . j ••, • • • • , . ' , , ' •• ·, •• , . ••• .'1.'.',·.') " 1"; · •. ·." "'" ql;; : II iI .. " '. ·"'J •••.",.• d . " ' . u '.s ."h;' •• )~ •• --.....-,.,......,..,..~ ." '. I.,. ;, . ,.. ':" :~ has been mandated that LeN number once allocated will not be changed for duration of at -least one .year.. Ther~fore, the placements of channels have been adequately regulated and necessary protection, has been granted to the broadcaster so that their channe ls are:.:.not placed' at any disadvantageous position in the EPG. Hence a~ such there is no requirement for a ~rocuicaster for asking for a specific position. the -ui EPG~(Emphasis Supplied) 138.' The issue of qente classification was well articulated in the' corisuliatiori paper titled as "Tariff Issues related. -to TV Services'}. In the draft Tariff Order, seven and' complete freedom genr~s were proposed was given to the broadcaster to classify their channels in any of the proposed .genre. In terms of these regulations, the DPOs have been mandated to place the channels in the genre so declared by ".the . broadcasters. There are around 800 TV . channels in the country. If every broadcaster is allowed to' .create 'its oum. genre, then there . " ioould be an' unmanaqeablq large number of qenres; which would cause 'gr~at hardship and inconvenience to the consumers as it would be -: ':. ' next to impossible for a consumer to scroll . .' ~hrough EPG having lot' of genres on their TV .. '.' :.: . '~ ) ' sets. Thus the proposal to allou: broadcasters to .~.~ :;,.; .~~ create their' own genres unll be impracticable. .'. r• Therefore, th¢ Authority, has mandated that the , ' broadcasters should declare the genre of its , '; channel in any of the specified eight genres. To provide the flexibility to the broadcasters, miscellaneous genre has also been specified. 139. Proper listing of channels in the EPG helps the subscribers -in. selecting the channel for the purpos,e of viewing. If the channels are listed on . . ' the -'basis of Television Rating Point (TRP) then it may cause change in the position of the channels from time to time based on the television . .. , ' ~ating, point which will create annoyance to the subscribers who generally remembers the. pO$ition of the channel in the EPa.. under a qenre. Therefore, the listing of channel on the, basis of TRP is not being . • •..·0'. mandated and it is left open to the distributor to ,', ',0 decide listing of channels withir: the prescribed framework. The Authority is in agreement with" the views ofsom« (:)f the stakeholders , " ' , that , sub-categorisation consumer in 'sel~cting th~ cho~,ce jor. Viewi~g ,and will help the channel of its therejore the Authority has mandated the DPO to place channels in the EPG, 'in such a way that the TV channels oj s~me'genre, as declared by the broadcaster; are p laced together . .. , consecutively and all TV channels oj same language ,within ,the same , genre shall appear tOgether" electronic' consecutively in the programme, guide. "(Emphasis Supplied) Therefore the acts of Republic TV are illegal and in clear violation of the Regulations, :2017 as no channel can be " ' registered under more than one genre and be given multiple LCN by' a ','single distributor for a particular location. E. BECAUSE the content of the Regulations, 2017 are also covered in the earlier' amendment (First Amendment, 2012) and therefore the action of Republic TV are in . violation of Regulation 14A· and Regulation 15A of the .. . , First Amendment, 2012, which are reproduced below: .... ;::; "(14A) Every broadcaster shall declare the genre :.; ',0. :; .ojits channels and such genre shall be. either News and Current Affairs or Infotainment or Sports or Kids or Music or Lifestyle or Movies or or Religious .Devotional or General Entertainment (Hindi) or General Entertainment (English) or General Entertainment (regional language). 14(B) The multi system operator shall place the "channels of 9- broadcaster in the genre declared by such broadcaster. '14(C) No broadcaster shall demand from the mulii-sustem. operaior to.' assign a '. particular " ' number to its channels. 11 (15A) Every multi . sy~tem operator shall display) " . . , in his Electronic Programme Guide) all the channels offered by him) in the same genre in which' a particular channel has beeri indicated by the broadcaster and one channel shall , .I,., .t 1.1 '" ? .•,}.',;.' "',~:. I" '.:. ,'.",. 'I, .~ , ,:v.\,·..,v :·:•.•:••••• ,I.':'.'.' li. : .v:.: '.'. !._, .,,/ I.,.., ",:.:"", ',' :-:.':',J•• ;'~'. ". " • ::- ." . • • . • • ! ',:','" .;.;..•; :.:';•.....•..:.:.:.:.:.:..•;;: ",:. ,<, : :.. : ",.. ':';.' ':':~':Ij:.:.:.·-:.·;~· ":'.: :; <', -. t. :', : ; ; ; ;} ,.,:.: . :,: ;'':.';';' ,:, ,:::', ".: :,-:.: :;.::.: . .' .',. ..:;';:.::':';'..;-; ;.;.;.;.;:.:.;,;; ;.;.:.;;..:,,":'" .., .o-. ., .. <.,: '.. ". , l ~ appear .... in only one genre. '1Emphasis ' Supplied) :~. .j. F. BECAUSE Republic TV has indulged in violation of Regulation 18. of the Regulations, 2017 deliberately, intentionally and with the dishonest motive of presenting a false and fabricated TRP rating, in order to boost the .' . image of its newly found Tvchannel. G. BECAUSE BARC ratings on Republic TV, if released, will be based on corrupt .data, . obtained due to listing of Republic TV on more. than one LCN by different distributors"; thereby affecting all the top English news channels in India and presenting a false, fabricated and misleading picture 'to the general public. , , " . H. BECAUSE releasing TRPs ratings which are evidently false and fictitious, by reason .of being manipulated by Republic TV by placing itself on multiple Logical Channel . Numbers (LCNs), must ~ot be permitted to be put in the public domain-in any manner as it will. not only mislead the public at large but also deceive the advertisers. .. . .... ' TV has been building a hype in the I. BECAUSE Republic social. media by releasing statements claiming to obtain the maximum TRP ratings on its launch, and due to its foul practice of violating the Regulations, it will be cheating the public at .Iarge .at?-d the members of News Broadcasters Association (N;BA) by showing the false ;;: market share. True copies of several newspaper articles .. ~ :....:~ demonstrating' the '.' hype, attempted to be' created by Republic TV are annexed herewith as Annexure P-ll Colly, " J, BECAUSE BARCmeasures viewership of broadcast channels on a weekly basis but their watermarking '. technology does not permit them to isolate or weed out , '. . ' viewership emanating but" of the malpractice of simultaneous dual ,LCN or. retransmission of a channel on multiple LCNs (frequencies) under different genres by " a broadcaster, and colluding Multiple System Operators/Distribution ·Platform Operators/Distributors. ," , K. BECAUSE a perusal of rating given by Chrome for last . , . '., ' week disclose Republic TV controlling at least 600/0 of the market share which shows' the gross abuse caused by ~ .,;. m '/;, _.~ " ti ::':: ":': !;.:) ',;~':c},;.' ~I"',!", '~~~,~rnmr,~.~~~,m,,'1m'i"'!":"r::l'"'!:':',~~~~ -.' ..~.:.'~",7""". :':~i~··:!..\··:.··=-,".... :".: ,..:,.... s,..tS... ~I.'X.:I!'.:-:.r::.'~.:I·I~~::'. ".'," .'.c,,"',",""""""'" ",'·;,".>1:",'1',,', ',""'" " ,.' "" c , .' '.',' . ".",,;:\', >.' ',' .: ',\',1: ,., ,,",', "" '." " .' . ' ..,!"'"' 'r;» (,., .. ........... : ';"'~.··~;:>::'I,·.~iom;f',·.~~ r, -:o:'" .. ~~~ .. '. , use Dual LCN. True Copy of the screen shot of the chrome mailer is'anne~e(f:here~ith as Annexure P-12. .:~ :.; », '" L. BECAUSE BARC's ratings are used by the relevant market players, advertisers 'and.. people' fit . large to assess " a channel's popularity and is' followed keenly in the media and telecom industry, it will be a travesty of justice to let BARC release' the ratings of Republic TV without clarifying why' it has not released any ratings since 5 th May 201 7, and how it plans on addressing NBA's and the Petitioner's claim that it's technology does not take into account the difference in TRP due to listing on different \ M.BECAUSE irreparable, damage will be done if BARC's weekly ratings' are allowed to be r,eleased on Thursday, 18 th May 2017, as it will, distort the TRPs of all the other . English channels and Will continue to 'affect the market for the coming weeks. In this regard, any action taken , " subsequently ,and, retrospectively by any disciplinary committee ofBARC will not serve the purpose. '. ' ..•.,._,...'h) ..·•·. '..~,t.... ,.1 . ::~~~'Bi;~;·:~,~~:~~;~;~,4;{~!i~::1;:;~)::t:}:H:):;':.;.:~:f~;'::;;~;':;,:~::;; :.\~!~; ;i: ~;~~~~;~~g;E:.~ ;}:E::~~~:~: '.: :" ::',;.:; :::j: :;.; :~i~::: ,,~;~:~;:;;> ~ ';:':'::;.::::' ~":~~...,: ~~.:;~::~;.}:':,:.: {. '.::~ •.•:.;,;.:.:. .::,..' .::~;;:::.:;~ , ......~: >;.,;'; ....;:' '. .• ~ ••'•.•• ", ••."" 'M·~'M'· .. · , CI , • '.' .... '. • ; ;~ .'. ::: " N. BECAUSE violation of the Regulations, 2017 and First -, ; =! " Amendment, ~012 are· 'not limited to the End User License Agreement that may have been signed between BARC and: Republic TV as' it concerns all the other English channels,:- advertisers and. public at large, including affecting' the Petitioner's ratings disadvantageously. O. BECAU~E not prohibitingBARC from releasing the TRP :.; of Republic TV will provide a negative incentive to other news channels to indulge in similar. practices and falsely fabricate their TRP ratings. Infact it has come to the knowledge of the. Petitioner that other news channels . '" . ' ' including Times Now' have also been falsely hiking their TRP based. on a similar. practice of listing itself on more than one, LCN ~d'i~ being proceeded against by the Petitioner through other redressal mechanisms. P. BECAUSE BARC's own guidelines ori 'Principles of Fair and Permissible Usage' .reqyire that before claiming leadership in the-market, it is pertinent that· - The period of comparison must cover at least four consecutive weeks of data. peri~d - ,"The of comparison must cover at least four consecutive clock-hours of data. (Annexure P-3 Colly) .:~ .:; :0 (~.,~ , ,~. I"~. ." . . ".'. ,', ~ '" "'.".""",,' w.... . . '. " ' .. , ,4.'. ,'.'r.'.;;,","'" "., .',,'. '•.••" ••. '", ' . '. '." ..... ,.' ., ",." I tt I I),.' ," . ' ..• :,' : .j , , r,, ••:.\.I'~(''''''''~' ..hl~'''''.'::''''''''';''' " : ~~~""""'~====w:-:""""""",:,,:,,,,,,,,~ ,I".=i,l"~i.,,: -.' " " , ,,', '. .. :: .. :; :.: Q. BECAUSE BARC in its policy declares that it has 'zero tolerance policy .towards . any -attempts to influence the :~. integrity of the Ratings and requires that it subscribers follow the code of conduct, adhere to the terms of EULA . " in: and do' not .engage any viewership malpractices. (Annexure ~-3 Colly) R. BECAUSE the egregious and brazen violation committed .by ~.~sponde~t No. -4 is resulting in immediate and serious prejudice to the Petitioner's business, inasmuch as the Petitioner' would lose its well earned position as a premium channel.va 'position which has been reached basedon objectively collected TRP~ by BARC. S. BECAUSE TRPs are like scores given by a rating agency namely Respondent No. 3', which attests to the popularity of the channelandIts programs amongst the viewers; it is therefore critical that only credible and honest figures collected by Respondent No.3 without any manipulation, , fabrication . or . other wrongdoing are released to advertisers and to the public in general. .. ' :~,. :.j~: ~: , .. ": " ...••.•..............,.. .. .. . -..,"-," ',..•. , " ,.'..:.'.:•.•".•.•..,•.•..' n . . .,.•...... '. '. ..','." .",,' '.' .w., '...... . '," .. """. .:.:.::. ;:.:.,~::• ..~, . , \• , ,. '.: .:.:J,~.!.!.:I.S~.' , ;;:.:~,.:.~•.••• :.:•.~.. ,.. ; '...••. ::;;:::'?~~:-.-:- ' ..' .' : . ii I ~ '- ", T. BECAUSE the conduct 'of Respondent No.4 is.dishonest . . :; -: \ \ and unfair, to the pointof disqualifying Respondent No.4 :; .' ;i '.; ~ from uplinking/downlinking Its television channel under : permission from Respondent No.1. I. U. BECAUSE the main relief claimed in the present petition is against Respondents Nos.. 1 and 2, who are required to . enforce the said regulations; however the said .respondents appear not to have taken any interim measures to prevent the dissemination of false, fabricated and fictitious TRP figures in the public domain. 'That for reasons best known to TRAI, even though it is in knowledge of the alleged violation of the Regulations by Republic TV,' it has only send notices to the distributors viz. Hathaway Digital Pvt. Ltd. And Den Networks Limited videletters dated 15 th March, 2017 and not to Republic TV itself. .. V. BECAUSE by contravention of the Regulations, 2017 and First Amendment, 2012, Republic TV stands to gain dramatically and artificially on the viewership of its channel, thereby impacting the viewership shares of the competitive set, resulting in windfall revenue generation .. " , for itself and a consequential loss to the competitive set as viewership is strongly correlated with revenue. W.BECAUSE there are serious financial repercussions of releasing the TRP ratings of 'Republic TV based on faulty and hiked data and can irreversibly harm a Rs, 2100 'crore:.:p.ews industry; by revealing a: distorted picture of the market share and sending a wrong signal across the industry about the 'relative competitiveness of the main market players hi the English news channel genre. X. BECAUSE it is Widely 'known and accepted that TRP rating does influence, the overall performance of a . channel and can help it to emerge as a dominant player . . . . in the market 'by attracting the revenues from multiple sources including advertising, That BARC ratings do propel further growth is an accepted and known phenomenon in the .industry.. That the problem attains serious dimensions especially in the English News genre category, as its overall share' amongst TV channels is small, and minor variations in TRP ratings can wildly swing and dramaticallyaffect the leadership position in the market. In fact the same is evident from the DAVP .,. . ,. ,. "'""""' :.:.i·,i.i.· . . . , r < '._~~~~~===,...".....~ ,.: '.C.h•• "', .• ,',t>•. 'n .' .•• "" I ,.,0,., , rl:: ~ " " __ . o. , •• = t. I ~.,.,. . ',""'=",....,.,..."...,.,....,.....,....".,...".",...,..,,.,..,.,,,"' c """,,,...,........,.,..,...........-.,.....,., '.(0 .. ",,> •••• <.':'.' . rates which clearly show that the higher the TRP the better the rates a channel gets for advertisements. True . .' Copy of the Interview for Sun TV and the DAVP rates .' determined by TRP are annexed herewith as Annexure P", ,', ':', 13 andAnnexure P-14, respectively. .. , Y. BECAUSE serious and irreparable harm, prejudice and financial loss will be caused to the Petitioner if the .. immediate interim relief ,of preventing Respondent No. 3 from disseminating TRP :ratings ,relating to Respondent No.4 are not issued by this Hon'ble Court. Z. BECAUSE Republic TV TRP should be released only when the erring channels, cures the violation with a cooling period o~ 10 weeks, considering that the after " effect of such violation will take time to normalize. AA.BECAUSE urgent steps need to be taken to ensure that 'Republic TV does not obtain an unfair advantage due to violation of the Regulations, ,2-917, from a viewership, . market position and revenue stand point. '. . . AB.Thatthe Petitioner,' reserves ,its right to raise any , additional grounds' orplead additional facts by way of an . I . I" .' .,.. '..i "{' ... ' •••.•.• _... , •."{,,.,-. affidavit if deemed 'necessary during the course of arguments.' AC.Thatthe Petitioner is registered in Delhi with its office in ::: :i ~-.: Delhi and all the Respondent Authorities are located in .. ", Delhi, therefore this Hon'ble Court has the territorial ;.: ' jurisdiction to adjudicate upon the present matter. AD.That the Petitioner has not filed any other or similar petition in' any other courts for similar relief. PRAYER In view of the submissions made above it is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to: A. Issue an appropriate ·writ/. order'; direction to Respondents No.1, 2 arid 3 to ensure that any broadcaster, TV·. channel or distributor who is in .. violation of the TRA,I Regulations should be proceeded ," against 'as per the procedure in law. B. Issue an appropriate writ lorder Idirection prohibiting Respondent No. 3 (BNRC) from releasing the TRP rating of any TV Channel not , . in compliance with the , '.. TRAI Regulations. ' C. Issue an appropriate. writ .I order I direction prohibiting Respondent No... 3 (BARC) from releasing .. the TRP rating of any TV Channel found in violation of .. -, '.~ ::::':.~ B '. W~ ~. i,'.'·' :i{!Ii~: .:< .:. . f, ;1". '".; ..'! ,:.·.,)~H:,· : .;; : .. ;:.::..·.!·,.::I!1!:!::·,.. :I:.l:.. <~: ,;;. , :: ".: ,..;' ,..-":.:;-:-:,;..""'':-""". :, , f~ :~.~~=""~=~~--=-=''''''' ,'," , ! V' \, '1S 'I,;j the Regulations, 2017 for atleast 10 weeks till such violation is rectified.' D. Issue an appropriate . .Respondents No.3 to writ/ , order/ direction to ' clarify and suitably modify its procedure as regards the effect of dual LCN or multiple LCN on its TRP ratings. E. Pass such other and further orders which this court may deem fit and proper In the facts and circumstances of the case. F. Pass such other and further orders which this court may deem fit ,' and ,prop.er In the facts and circumstances of the case. AND FOR THIS ACT OF KINPNESS, THE PETITIONERS AS IN DUTY BOUND SHALL EVER PRAY. DRAWN & FILED BY: {)/~ --------------LPl &. Partners LLP AdvocatJ~ & so~s Office:- A-62, FF, Defence Colony, New Delhi- 110024, INDIA - T: +91 11 41051167 Chamber:- No.103, A. K. Sen block, Supreme Court, New Delhi-110001, INDIA - T: +91 11 23381351 E: office@lpjpartners.comW: www.lpjpartners.com Through: Mr. Prasouk lain (0/1182/11 - L.: 0120- 4237719) Place: New Delhi Date 17.05.2017 IN THE HIGH COURT OF DELHI AT NEW DELHI (CML EXTRAORDINARY WRIT JURISDICTION) ..,. >? : Writ Petition (C) No. of2017 IN THE MATTER OF: T.V Today Network Ltd. ... Petitioner Versus Union of India& Ors. ... Respondents AFFIDAVIT I, Dr. Puneet Jain S/o Sh. R. S. Jain aged about 44 years working as the Group Chief Corporate Affairs Officer and Group Chief Law and Compliance Officer of T.V. Today Network Ltd. having its registered qifice at F-26, First Floor, Connaught Circus, New Delhi- 110001do hereby solemnly affirm and declare asunder: 1. I say that I am the authorized representative of Petitioner Company in the present petition and as such I am conversant with the facts and circumstances of the present case and I am competent to swear to this present affidavit. 2. That the contents of the accompanying Petition is true to e ,"'fA.r,¥ e best belief and knowledge of the deponent herein. ,f') ,. __~\( , ~~~;/. . . , ~:~ ha all annexures annexed with the petition and the ~~ l_·\tI',.", ,'," 1,( J (~ ~n'~, 1;8. i:~::in::~liA¥~rEssT1fb , "...') o --''':;'' \~ Q v''l'.... f. , , I ..~t.l-' .0. ',. lcation: true "ncun cOPies.:{~,el~~~ _ ~NEJNT 17 MAY '2017 1 I '1 fll",~ Ri;~r· 'I1r~H'f.IIIIII"m_-.. .... .•. • ' TV TODAY NETWORK LTD, Indl~ Todjly GroupMediapJell ' " ~ .. .' Fie 8, Sector 16A, FUm City,Naida- 201301 Tel:+91 120 4908600 Fall; +91 120 4325028 Website: www.aa~ek.in CIN No: L922000L1999PLC103001 CERTIFlEn EXTRAcT OF THE MINUTES OF THE MEETING OF'THE BOARD OF DIRECTORS OF T,V, TODAY NETWORK LIMITED HELD ~ON THURSDAY, 09'h FKI3RUARY, 2017 AT 11.00 A.M AT TAJ PALACE, 2 SARDAR PATEL MARG DIPLOMATIC ENCLA¥E, NEW DELHI,;, 1,0021. "RESOLVED FURTHER THAT in partialmodificatlon of'the' earlier resolution passed in the Board meeting held on Si tl! February, 2012 ,in this behalf, Dr, PuneetJain, existing designation as Company Secretary, Vice President (IA) and Group Chief Law & Compliance officer shall be . replaced with Group Chief Corporate Affairs Officer and Group Chief Law & Compliance officer .and will be here\Jr singly authorized, for and on behalf of the Company, to move any cou~t ofJaw, of competent jul'isdiction to .insdtute"prol!ec'!lt~, represent the. Company, defend any legal proceedings fOI'/4,gainst the C<>mpany or any' of its officers or otherwise concerning the affairs of the Company and to act on behalfofthe Company in all matters relating to the business or the Company in such Courts, to engage lawyers, to sign" verify and, file plaint, written statement, replication, affidavit; counter affidavit, rejoinders, declaration etc" to revoke the same, to represent the ,Company before any Court, to' inspect. any filefs), to file appeals, objections, to depose, makes,tl:itenW:Iitl1 ~n.d, ~9d'l,Jc,e .evidence in,any such case and to do any such •other act, deed or thing necessary and. incidental to the legal proceedings Including authorizing any other person to represent the Company on all the matters as aforesaid, on a case to case basis, as they may deem tit in the best interest of the Company," " . • • • r. ' •• • ...... ' Registered Office: F-26, First Floor, Connaught Place, New Delhi - 110001 ;::.: ::;: .« J:::~: '.; ~~ ',:.: ~:;i .. ~~:; .>, .:::: ::::; ;.':: t~ i :::~ :/L", ' ,t• • • "". " ••• , r, '.' •••••• ' ••• , I,t , • • • • • ,.\ -r.:••4••"·••••.. ; o.·.·.'•••• •••.•••. '·.~·" .,' '." ,," .. '" I ;.'. ", --, : -. < " " ~ •••••:':.:••.: ,•••••:.$I,.:.:".•;.. ' .•....!.!•••.• ~:"..... . . . ...... " "'., · '. ' ( .. ::-:"..... " ... , .. TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAOR,DINARY, PART nr, SECTION 4 TELECOM ~GULATORYAt;JTHOIUTY OF INl)IA. NOTIFICATlON New Delhi,03/03/2017 F. No. 21-4/2016-B&CS.- In exercise of the powers co~ferred by section 36, read with sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (1) of section 11 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), read with notification of the Central Government, in the Ministry of Communication and Information Technology (Department of Telecommunications), No. 39,- (a) issued, in exercise of the powers conferred upon the Central Government under clause (d) of sub-section (1) of section 11 and proviso to clause (k) of sub-section (I) of section 2 of the said Act, and (b) published under notification No. S.O.44 (E) and 4S (E) dated the 9 th January, 2004 in the Gazette of India, Extraordinary, Part II, Section 3,- the Telecom Regulatory Authority of India hereby makes the following regulations, namely:- THE TELECOMMUNICAnON (BROADCASTING AND CABLE) SERV~CES INTERCONNECTION (ADDRESSABLE SYSTEMS) REGULAnONS, 2017 (No.1 of 2017) Page lofllO ' , : ' , • • • • j ••• CHAPTER-I PRELIMINARY 1. Short title, extent and commenc.ement.-'-;'· (1) These regulations may be called the Telecommunication •... (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017. ;~I • (2) These regulations shall cover commercial and technical arrangements, among service providers for interconnection, for broadcasting services relating to television provided through addressable systems throughout the territory of India. (3) These regulations sballcomeinto force from the.date of theirpublication in the Official Gazette. 2. Definitions.- (1) In these regulations, unlessthe context otberwise requires:(a) "Act" means the Telecom Regulatory Authority oflndia Act, 1997 (24 of 1997); (b) "active subscriber" for the purpose of these regulations, means' a subscriber who has been authorized to receive signals of television channels as per the subscriber management systemand whoseset top boxhas not beendenied signals; (c) "addressable system" means an electronic device (which includes hardware and its associated software) OF more than one electronic device put in,'an integrated system through which "0·· . transmission of programmes 'including re-transmission of signals of television channels can be done in encrypted form, which can be decoded by the 'device or devices at the premises of the "J subscriber within the limits of the authorization made, on the choice and request of such subscriber, by the distributor of television channels; (d) "a-la-carte" or "a-la-carte channel" 'wi!h reference to offering of a television channel means offering the channel individually on a standalone basis; (e) "Authority" means the Telecom Regulatory Authority of Indiaestablished under sub-section (1) of section 3 of theTelecom Regulatory Authority of IndiaAct, 1997 (24 of 1997); (t) "average activesubscriber base" means the number arrived by averaging the activesubscriber base count in themanner specified in the Schedule VII; (g) "bouquet" or "bouquet of channels" means an assortment of distinctchannels offered together as a groupor as a bundle and all its grammatical variations and cognate expressions shall be construed accordingly; (h) "broadcaster" means a person or a groupof persons, or bodycorporate, or any organization or body who, after havingobtained, in its name, downlinking permission for its channels, from the Central Government, is providing programming services; Page 2'of 110 '. (:0) ....... (i) "broadcaster's share of maximum retail price" with reference to a pay channel or a bouquet of pay channels means any fee payable by a distributor of television channels to a broadcaster for signals of pay channel or bouquet of pay channels, as the case may be, and for which due authorization has been obtained by such distributor from that broadcaster; ·ii (j) "broadcasting services" means' the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of eleciro-magnetic waves through space or through cables intended to be received by the general public either directly or indirectly and all its grammatical variations and cognate expressions shall be construed accordingly; (k) "cable service" or "cable TV service" means the transmission of programmes including retransmission of signals of television channels through cables; (I) "cable television network" or "cable TV network" means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers; (m)' "carriage fee" means any fee payable by a broadcaster to a distributor of television channels only for the purpose of carrying its channels through the distributor's network, without, specifying the placement of such channels onto a specific position in the electronic programme guide or, seeking assignment of a particular number to such channels; (n) "compliance officer" means any person designated so, who is capable of appreciating requirements for regulatory compliance under these regulations, by a service provider; (0) "direct to home operator" or "DTIf operator" means any person who has been granted licence by the Central Government to provide direct to home (OTIf) service; (p) "direct to home service" or "DTH service" means re-transmission of signals of television channels, by using a satellite system, directly to subscriber's premises without passing through an intermediary such as local cable operator or any other distributor oftelevision channels; (q) "distribution fee" means any fee payable by a broadcaster to a distributor of television channels for the purpose of distribution of pay channel or bouquet of pay channels, as the case may be, to subscribers and it does not include carriage fee; (r) "distribution platform" m~ans distribution network of a DTH' operator, multi- system operator, HITS operator or IPTV operator; (s) "distributor of television channels",. or "distributor" means any DTH operator, multi-system operator, HITS operator or lPTV operator; (t) "electronic programme guide" or "EPG" means a program guide maintained by the distributors of television channels that lists television channels and programmes, and scheduling and programming Page 3 of 110 Y • '•. ",', information therein and includes any enhanced guide that allows subscribers to navigate and select such available channels and programmes; (u) "free-to-air channel" or "free-to-air television channel" means a channel which is declared as such by the'broadcaster and for which no fee is to be paid by the distributor of television channels to the !i broadcaster for signals of such channel; (v) "head end in the sky operator" Or "HITS operator" means any person permitted by the Central Government to provide head end in the sky (HITS) service; (w) "head end in the sky service" or "HITS service" means transmission of programmes including retransmission of signals of television channels(i) to intermediaries like local cable operators or multi-system operators by using a , " satellite system and not directly to subscribers; and (ii) . to the subscribers by using satellite,system.and its own cable networks; (x) "interconnection" means commercial and technical arrangements under which service providers connect their equipments and networks to provide broadcasting services to the subscribers; (y) "interconnection agreement" with all its grammatical variations .and cognate expressions means agreements on interconnection providing technical and commercial terms and conditions for distribution of signals of television channel; -», "" (z) "internet protocol television operator" or "IPTV operator" means a person permitted by the Central 'Government to provide IPTV service; (aa) "internet protocol television service" or "IPTV service" means delivery of multi channel television programmes in addressable mode by using Internet Protocol over a closed network of one or more service providers; (bb) "local cable operator" or "LCO" means a person registered under rule 5 of the Cable Television Networks Rules, 1994j (cc) "maximum retail price" or "MRP" for the purpose of theseregulations, means the maximum price, excluding taxes, payable by a subscriber for a-la-carte pay channel or bouquet of pay channels, as the case may be; (dd) "multi-system operator" or "MSO" means a cable operator Whohas been granted registration under rule II of the Cable Television Networks Rules, 1994 and who receives a programming service from a broadcaster and re-transmits the same or transmits his own programming service for simultaneous reception either by multiple subscribers directly or through one or more local cable operators; (ee) "network capacity ~e" means the amount, excluding taxes, payable by a subscriber to the Page 4 of 110 ,', .:' .,.. , .. " , ,.' ," .,.. ',' " , , ._.•. , .. , ·.. ·.·,·;.·.·.' .. ·3.·, ••••••••••1.1 . distributor of television channels for distribution networkcapacitysubscribed by that subscriberto receivethe signalsof subscribed television channels and it does not include subscription fee for pay channel or bouquet af pay channels, as the case may be; (ff) "pay broadcaster" means a broadcaster which has declaredits one or more channelsas pay channel to the Authority underthe provisions of applicable regulations or tarifforder,as the case may be; (gg) "pay channel" means a channel which is declared as such by the broadcaster and for which a share of maximum retailprice is to be paid to the broadcaster by the distributor of television channelsand for which due authorization needs to be obtained from the broadcaster for distribution of such channel to SUbscribers; (hh) "programme" meansany television broadcast and includes- ~': ' .. (i) exhibition of films, features, dramas, advertisements and serials; (ii) any audioor visual or audio-visual live performance or presentation, and the expression "programming service"shallbe construed accordingly; .., . . .; ~ (ii) "QoS Regulations" means the Telecommunication (Broadcasting and Cable)ServicesStandards of Qualityof Serviceand Consumer Protection (Addressable Systems) Regulations, 2017; ill) "reference interconnection offer" or "RIO" means a document published by a service provider specifying termsand conditions on which the other serviceprovidermayseek interconnection with suchserviceprovider; -: (kk) "service provider" means the Government as a serviceproviderand includes a licensee as well as any broadcaster, distributor of television channels or localcableoperator; (11) "set top box" or "STB" meansa device, which is connected to or is part of a television receiverand whichenablesa subscriber to viewsubscribed channels; (mm) "subscriber" for the purpose of these regulations, means a person who receives broadcasting services, from a distributor of television channels, at a place indicated by such person without further transmitting it to any otherperson and who does not cause the signalsof television channels to be heard or seen by any personfor a specificsum of money to be paid by such person, and each set top boxlocated at suchplace, for receiving the subscribed broadcasting services, shall constitute one subscriber; (nn) "sub~c';iber management system"meansa systemor device which stores the subscriber recordsand details with respect to name, address and otherinformation regardin~ the hardware beingutilizedby the subscriber, channels or bouquets of channels subscribed by the subscriber, price of such channels or bouquets of channels as defined in the system, the activation or deactivation dates and time for any channel or bouquets of channels, a log of all actions performed on a subscriber's Page 5 of 110 " . . .... • • •. i , • .. . . " '.' _.,' , .. :..... .. '.' .:. record, invoices raised on each subscriber and the amounts paid or discount allowed to the subscriber for each billing period; (00) "tariff order" means the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017; (Pp) "television channel" means a channel, which has been granted permission for downlinking by the Central Govex;n!Dent under the .policy guidelines issued or.amended by it from time to time and reference to the term 'channel' shall be construed as a reference to "television channel", (2) All other words and expressions used in these regulations but not defined, and defined in the Act and :.; rules and regulations made thereunder or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) :} and the rules and regulations made thereunder, shall have the' meanings. respectively assigned to them in -: those Acts or the rules or regulations, as the case may be. ..", :~ :ij ::: ., " Page 6 of 110 -;, " i. ':: :.: .', " :: ,. CHAPTER II .:: :.: INTERCONNECTION ;,~ 3. General obligations of broadcasters.- (I) No broadcaster shall engage in any practice or activityor enter into any understanding or arrangement including exclusive contracts with any distributor of television channels that prevents any other distributor of television channels from obtaining signals of televisionchannel of such broadcaster for distribution. ~1',: :.: (2) Every broadcaster shall, within sixty days of receipt of written request from a distributor of television channels for obtaining signals of television channel or within thirty days of signing of interconnection agreement with the distributor, as the case may be, provide, on non-discriminatory basis, the signals of television channel to the distributor or convey the reasons in writing for rejection of the request if the signalsof ~! ., television channel are denied to suchdistributor: :.; Provided that imposition of any term or condition by the broadcaster, which is unreasonable, shall be deemed to constitute a denial-of request: Provided further that this sub-regulation shall not apply to a distributor of television channels, who requests signals of a particular television channel from a broadcaster while at the same time demands ? carriage fee for distribution of thattelevision channel or who is in default of payment to the broadcaster . and continues to be in suchdefault. " " ,' .::. (3) If a broadcaster, proposes or stipulates for; directly or indirectly, placing the channel in any' specified position in the electronic programme guide or assigning a particular channel number, as a pre-condition for .providingsignals, suchpre-condition shallalso amount to imposition of unreasonable condition. Explanation: For removal of doubt, it is clarified that if a pay broadcaster offersdiscount, in non-discriminatory manner, through its reference interconnect offer on the maximum retail price of pay channel, within the limit as specified in sub-regulation (4) of regulation 7,.to distributors of-television channels for placing the channel in any specified position in the electronic programme guide or assigning particular channel number, such offer of discount shallnot be considered a pre-condition. '. ;,~ \; (4) No broadcaster shallpropose, stipulate or demand for, directlyor indirectly, packaging of the channel in any :',,: ~~ particular bouquet offered by the distributor of television channels to subscribers. (5) No broadcaster shall propose, stipulate or demand for, directly or indirectly, guarantee of a minimum subscriber baseor a minimum subscription percentage for its channel or bouquet·. " ' '.: Page7 of 110 'I ij !j ~ : '1 • .... ( ',' . '~. .' ... :-:'. " .:', . , Explanation: F9r removal.~ doubt, it is clarified that the subscription percentage of a channel or bouquet refers to the percentage of subscribers subscribing to a specific channel or bouquet out of average active subscriber :.: base of a distributor. s,', ':; ~ : ','.: 4. General obligations of distributors of television channels.- (1) No distributor of'television channels shall engage in any practice or activity or enter into any understanding or arrangement including exclusive contracts with any broadcaster that prevents any other broadcaster from obtaining access to the network of such distributor for distribution of its channel. (2) No distributor of television channels shall engage in any practice or activity or enter into any understanding or arrangement including exclusive contracts with any local cable operator that prevents any other local cable operator from obtaining signals of television channels from such distributor for further distribution. (3) Every distributor of television channels shall declare coverage area of each distribution network as a target market: Provided that it shall be permissible for a distributor to declare, in non-discriminatory manner, any area within the coverage area of distribution network as a target market. :~~ Explanation: For the purpose of this regulation, each Head-end or Earth Station, as the case may be, and its ',' associated network used for distribution of signals of television channels shall constitute one distribution ~ .~ .', ;:. network. (4) Every .distributor of television channels shall, within thirty days from the commencement of these regulations or within thirty days from the commencement, of its operations, as the case may be, on its website, publish(a) target markets as declared under sub-regulation (3) of this regulation; (b) the total channel carryin~f capacity of its dtsrributicn network in terms of number of standard definition channels; (c) list of channels available on the network; (d) number of channels for which signals of television channels have been requested by the distributor from broadcasters and the interconnection agreements signed; (e) spare channel capacity available on the network for the purpose of carrying signals of television channels; and (t) list of channels, in chronological order, for which requests have been received from broadcasters for distribution of their channels, the interconnection agreements have been signed and are pending for distribution due to non-availability of the spare channel capacity: Provided that the list of channels in chronological order, under clause (t), shall be prepared on the basis of date and time of receipt of the written request from the broadcaster: . ,; ; Page 8 of 110 ;;~ ;:~ ·:1I:' =;{ V::: ;.:,.:;,,:.:.':'. :':'.':':':"'~ ~.;. ,.:;. \.,:~,:.:.~.; ) :'~'.' , :.,;.: .:.: ;'. \'.; ':1 ':. :'-, ;;.f' :.li !.: ,j,~:~ r.:.:.,;.~ ~,.,~~.:...~~~ ••'::.<~, .:.; :0; ;.:~';'; t. .. ' •• :. h ; -, \ .; ),. I. ~ ~~. :: I.' ;.:•.:: .-: .'.:.:•.;." •.'.:. • ,. : ......·..'!,,·J.· u • • • I •••••.•• 1 ••, -.: .,-", ,.1 ..... ~ -, _ \- -", .:; Provided further that for the purpose of calculating spare channel capacityof the distribution network, one highdefinition channel shallbe equalto two standard definition channels: :;. ':-: Provided further that spare channel capacity available on the network under clause (e) shall be the difference between the total channel carrying capacity of the distribution network and numbers of channels available on the distribution networkinterms of standard definition channels: ;:; Provided further that any subsequent change, due. to addition or reduction in total channel carrying capacity of the distribution n~twork or due"to addition of channels on the distribution network or due to discontinuation of existing channels available on distribution' the network, shall be reflected in the sparechannel capacity: Provided also that any change in the information, pubhshed underthis SUb-regulation, shall be updated on the websitewithinsevencalendar days from the date of occurrence of suchchange. (5) Every distributor shall allocate every alternate spare channelcapacity on its network to the channels, in sequential manner, listed underclause (f) of sub-regulation (4), for distribution of the television channels. (6) Nothing contained in the sub-regulation (5) shallapplyif no requestfor distribution of a television channel is pending underclause (f) of sub-regulation (4). (7) Subjectto the availability of spare channel capacity on the distribution network, under SUb-regulation (4), everydistributor ~f television channels shall,withinsixty days of receiptof written requestfrom a broadcaster for distribution of television channel or withinthirtydays of signingof writteninterconnection agreement with the broadcaster, as the casemay be, carry,on non-discriminatory basis,the signalsof suchtelevision channel or convey the reasons in writingfor rejection of request if the distribution of such television channel is denied to the broadcaster: Provided that imposition of any term or condition by the distributor of television channels, which is unreasonable, shallbe deemed to constitute a denial of request: Provid~d. further that nothing contained in this'sub-regulation shall applyto a broadcaster who refuses to pay the carriage fee to the distributor of television channels or who is in default of payment to the distributor and continues to be in such default. (8) It shallbe permissible to the distributor of television channels to discontinue carrying of a television channel in case the monthly SUbscription percentage for that channel is less than five percent of the monthly average active subscriber base of th~~ distributor in the target marketspecified in the interconnection agreement, in each of the immediately preceding six consecutive 'months: Page 90fllO '.:.,:: ". ..,:.' '., """.<'''~'''' · ·x· ·.~ ..· ,·.·.. ' ,' ~. . ,/-:•.,',!.o',',.' .•. " . Provided that for the purpose of calculation of monthly subscription percentage for high definition television channel, the monthly average active subscriber base shall be of subscribers capable of receiving high definition television channels. (9) A distributor of television channels shall not be under obligation to carry a channel which has been :.: ;.; discontinued as per sub-regulation (8), for a period of one year from the date of such discontinuaiion. (10) If a distributor of television channels, before providing access to the network for distribution of television ,', ·5 channels requested by a broadcaster, directly or indirectly, proposes, stipulates or demands for a minimum guarantee for period or number of channels, as a pre-conditiorr for providing access to the network, such precondition shall also amount to imposition of unreasonable condition. :.;. (II) Every distributor of television channels shall, within sixty days ofreceipt of written request from a local cable operator or within thirty days of signing of written interconnection agreement with the local cable operator, as the case may be, provide, on non-discriminatory basis,' sigr;als of television channels to such local . . ' . cable operator or convey the reasons in writing for rejection of request if the signals are denied to such local cable operator; Provided that imposition of any term or condition by the distributor of television channels, which is unreasonable, shall be deemed to constitute a denial of request: Provided further that in case, it is not feasible to provide signals of television channels at a location where the signals have been requested by the local cable operator, the distributor of television channels shall inform the local cable operator within thirty days from the date of receipt of request the reasons for such non-feasibility; Provided further that this sub-regulation shall not apply in case of a local cable operator' who is in default of payment of a distributor of television channels and continues to be in such default: Provided also that a local cable operator shall not be treated as being in default of payment to a distributor if it has made payment of all bills of preceding six months, (12) No distributor of television Channels shall, for providing signals of television channels to a local cable operator, propose, stipulate or demand for, directly or indirectly, guarantee of a minimum subscriber base. (13) Nothing contained in the sub-regulation (II) and sub-regulation (12) of this regulation shall apply to a DTH operator, Page 10 of 110 . ,., . "".. . -." :...> S. General obligations of senice providers.- (I) No service provider shall, directly or indirectly, prohibit another service providerfrom providing its services to any.subscriber or in any geographical area. as the case maybe. (2) No service provider shall, propose, stipulate or demand for, directly or indirectly, payment of a minimum guarantee amount by otherservice provider for providing signalsof television channels or access to the network, as the case maybe. (3) Everyservice provider shall issuemonthly invoice, to the other serviceprovider with whominterconnection . . agreements have beenenteredinto, for collection of payment and-such invoice shall clearlyspecifythe current payment duesand arrears, if any, alongwith the duedatefor payment. (4) Any claim for arrears by the service provider under these regulations, shall be accompanied by proof of ,'. ':' ~;: service of invoices for the periods to whichthe arrears pertain. ~:: '.:~ :.: " :..; ~. : ' .. Page11 'of 110 "';: .;. ...' ...... '...' ...... I . .'. ,.'.••. , . -,', '.•.' _' . . · .-t:: CHAPTER III REFERENCE INTERCONNEGJ'lON OFFER " 6. Compulsnry offering of channels on a-la-carte basis.- (I) Every broadcaster shall offer all its television channels on a-la-carte basis to the distributors of television channels: Provided that the broadcaster may also offer its pay channels, in addition to offering of pay channels on '.~ a-la-carte basis, in form of bouquet: Provided further that such bouquet shall not contain-» (a) any 'free-to-air channel'; and (b) High definition (HO) and Standard Deflninon (SO) variants of the same channel. 7. Publication of reference int~rconnection offer by broadcaster for pay channels.- (I) Every broadcaster shall publish, on its website, reference interconnection offer, in conformance with the regulations and the tariff orders notified by the Authority, for providing signals of all its pay channels to the distributor of television channels(a) within sixty days of commencement of these regulations; and (b) before launching of a pay channel. .", ::; :~ :;: j -: and simultaneously submit, for the purpose of record, a copy of the same to the Authority. \, (2) The reference interconnection offer, referred to in sub-regulation (I), shall contain the technical and commercial terms and conditions relating to, including but not limited to, maximum retail price per month of pay Channel, maximum retail price per month of bouquet of pay channels, discounts, if any, offered on the maximum retail price to distributors, distribution fee, manner of calculation of 'broadcaster's share of maximum retail price', genre of pay channel and other necessary conditions: .:. Provided that a broadcaster may include in its reference interconnection offer, television channel or bouquet of pay channels of its subsidiary company or holding company or subsidiary company of the holding company, which has obtained, in its .name, the downlinking permission for its television channels from the Central Government, after written authorization by them. ; ... Explanation: For the purpose of these regulations, the 'definition of "subsidiary company" and "holding company" shall be the same as assigned to them in the Companies Act, 2013 (18 of2013).. (3) Every broadcaster shall declare a minimum twenty percent of the maximum retail price of pay channel or bouquet of pay channels, as the case may be, as the distribution fee: Provided that the distribution fee declared by the broadcaster shall be ~niform across ,all the distribution platforms. Page 12 of 110 "-,~ ' .. <: .. '11 ' .. ',,'.: ',' ,.:' '.' , • " , ~~~"" ' ~, " ;.~ (4) It shall be permissible to a broadcaster to offer discounts, on the maximum retail price of pay channel or ,', ',' bouquet of pay channels, to distributors of television channels, not exceeding fifteen percent of the maximum retail price: Provided that the sum of distribution fee declared by a broadcaster under sub-regulation (3) and discounts offered under this sub-regulation in no case shall exceed thirty five percent of the maximum retail price of pay channel or bouquet of pay channels, as the case may be: Provided -further that offer of discounts, ifany, to distributors of television channels, shall be on the :.:. basis of fair, transparent and non-discriminatory terms: Provided also that the parameters of discounts shall be measurable and computable. (5) Every broadcaster of pay channel shall mention in' its reference interconnection offer the names of persons, .:,: telephone numbers, and e-mail addresses designated to receive request for receiving interconnection from distributors of television channels and grievance redressal thereof. (6) The terms and conditi?,!s mentioned in the reference interconnection 'offer shall include all necessary and sufficient provisions, whi~h' make it a complete interconnection agreement on signing by other party, for distribution of television channels. (7) The Authority, suo-motu or otherwise, may, examine the reference interconnection offer submitted by a broadcaster and on examination if the Authority is of theopinion that the reference interconnection offer is not in conformance with the provisions of the regulations and, the tariff orders notified by the Authority, it may, after giving an opportunity- of being heard to such broadcaster, direct such broadcaster to modify the said reference interconnection offer and such broadcaster shall amend reference interconnection offer accordingly and publish the same within fifteen days of receipt of the direction. (8) Any amendment to the reference interconnection offer shall be published in the same manner as provided under the sub-regulations (I), (2), (3), (4), (5) and (6) of this regulation. (9) In the event of any amendment to the reference interconnection offer by a broadcaster under sub-regulation (8), the broadcaster shall give an option to all distributors, with whom it has written interconnection agreements ' . , ~ in place, within thirty days from the date of such amendment arid it shall be permissible to,such distributors to ,;. enter into fresh interconnection agreement in accordance with the amended reference interconnection offer, within thirty days from the date of receipt of such option, or continue with the existing interconnection agreement. Page 13 ofllO 's,',', ". , . . , .' .' -,':'., :: -:.! , :. , ' ., .' i~ " : ' . ' : ,;. ' . ' . j"" ;ji,:,,,,;;''':;,,',;;;'ii,::;;1;~:;::;·': :' ;:::":.. :;,:',:::;"",i,::;':J;jiiiirf,:'! ;.:::':'"" ,;,!'.; :,:;.'" ',:';,' •.'. -. :;':';.:,.;;" '.",:'.,'. .. .... ~. j. ..... ; j ~ " 0;];; ii. g ;~., 8. Publication of reference interconnection offer by distributor of television chanoels.- (I) Every distributor of television channels shall publish, on its website, reference interconnection offer, in conformance with the regulations and the tariff orders notified by the Authority, for'carrying channels(a) within sixty days of commencement of these regulations; and (b) before starting a new distribution network: and simultaneously submit, for the purpose of record, a copy of the same to.the Authority, " Provided that such reference interconnection offer shall be applicable only in the cases where a broadcaster requests a distributor of television channels to carry the broadcaster's channels on the distribution network. (2) The reference interconnection offer, referred to in sub-regulation (I), shall contain the technical and commercial terms and conditions relating to, including but not limited to, target market, rate of carriage fee per month, average active subscriber base of standard definition set top boxes and high definition set top boxes at the time of publication of the reference interconnection offer, discounts, if any, offered on the rate of carriage .-: ' fee, manner of calculation of carriage fee payable to the distributor and other necessary conditions: Provided that the rate of carriage fee per standard definition channel per subscriber per month to be declared by a distributor oftelevision channels shall not exceed twenty paisa: Provided further that the rate of carriage fee per high definition channel per subscriber per month to be declared by a distributor of television channels shall not exceed forty paisa: Provided also that a distributor of television channels shall calculate the carriage fee amount for television channels as per the provisions specified, in the Schedule I, which shall change with the changes in monthly subscription percentage of such television channels. (3) It shall be permissible to a distributor of television channels to offer discounts to broadcasters on the rate of carriage fee which shall not exceed thirty five percent of the rate of carriage fee declared under sub-regulation (2): Provided that offer of discounts, if any,:to broadcaster on the carriage fee, sh~1I be on the basis of fair, transparent and non-discriminatory terms: , Provided further that the parameters of discounts shall be measurable and computable: Provided also that it shall be permissible for a distributor of television channels to offer discounts exceeding thirty five percent of the rate of carriage fee declared under sub-regulation (2) for the channel specified by the Authority, through a direction, in the public interest. Page 14 of 110 ,. " ~l :: ;; 1:~ '~i, ); " ' ~ ,1,;,:':0:,: ;.. '.... L:,:,,:; :':"':;: ":'~;" .... :.... .. .. ' . ~ .' : ...... _~. -:A" . ~ .~ ~ .I (4) Every distributor of television channels shaIl, in its reference interconnection offer, mention the names of persons, telephone numbers, and e-mail addresses, designated for receiving interconnection requests from broadcasters and grievance redressal thereof. .» " ',~ (5) The terms and conditions mentioned in the reference interconnection offer shaIl include all necessary and sufficient provisions, which make it a complete interconnection agreement for signing by other party, for carrying television channels. (6) The Authority, suo-motu or otherwise, may examine the reference interconnection offer submitted by a distributor of television channels and on examination if the Authority is of-the opinion that the reference interconnection offer has not been prepared in conformance with the provisions of the regulations and the tariff orders notified by the Autherity, it may, after giving an opportunity of being heard to such distributor, direct • t o · · • such distributor to modify the said reference interconnection offer and "such distributor shall amend reference interconnection offer accordingly and publish the same within fifteen days of receipt of the direction. ,,' '. (7) Any amendment to the reference interconnection offer shall be published in the same manner as provided under the sub-regulation (I), (2), (3), (4) and (5) of this regulation. (8) In the event of any amendment in the reference in~ercomiection off~r by a distributor of television channels under sub-regulation (7), the distributor shall given an option to all broadcasters, with whom it has written interconnection agreements in place, within thirty days from the date of such amendment and it shaIl be permissible to such broadcasters to enter into fresh interconnection agreements in accordance with the amended reference interconnection offer within thirty days from the date of receipt of such option or continue with the existing interconnection agreements. ~~ ;:: -r .. ',:; ' ..' Page 15 ofl10 .:: :.:: . ;~ i :~::-.~, :.;..• H·:~::;: ':~..:;.\:·r·:·:·:.:-:·:~ ~:'.1·<':' .:!: i~,~ ',;.:, ,;:::;:~;::;.~:-;':~;::~ \.:.:~'. ,;.:~\~~~.: ~ ~: .:.,~;~::~.:~;:: ~. :.:~. :';"~ .;:!."':" \.!,...... '.\.~".: .:.;. <-.:.:•. ; .•!:':""-:'" :-: .. : /.:: ::;.:.: :.. '..... ,?:Jf,~I~, ..", I'':-;"';" :"':'~"": ',. ". .;. .;, CHAPTER IV , INTERCONNECTIONAGREEMENT 9. General provisions relating to interconnection agreements.- (I) It shall be mandatory for service providers toreducethe terms andconditions of all theirinterconnection agreements to writing. ~ .: (2) A service provider shall not incorporate any provision in the interconnection agreement with the other service providerwhichwouldrequire, directly or indirectly, the latter to pay a minimum guaranteed amountand any agreement to contrary shall be void. (3) It shall be mandatory for service providers to either renew or amend all their existing interconnection agreements in compliance with the provisions of the regulations and the tariff ordersnotified by the Authority, withinone hundred and fifty daysof commencement of theseregulations, 10. Interconnection agreement between broadcaster and distributor of television channels.- (I) No broadcaster shall provide signals of pay channels to a distributor of television channels withoutentering into a writteninterconnection agreement with suchdistributor of television channels. (2) No distributor of television channels shalldistribute pay channels of any broadcaster without enteringinto a ..'.~ written interconnection agreement with such broadcaster. .: (3) It shall be mandatory for a broadcaster and a distributor of television channels to enter into written interconnection agreement on a-la-carte basisfor distribution of pay channels. (4) Everybroadcaster shalldevise an application form for request of signals oftelevision channelby distributors of television channels in accordance with the Schedule II. (5) A distributor of television channels desirous of obtaining signals of television channels shall makea written requestin the application formdevised by thebroadcaster. (6) Everydistributor of television channels before requesting signals of television channels from a broadcaster shallensurethat the addressable systems to be used for distribution of television channels meet the requirements as specified in the Schedule m. (7) If a broadcaster, before providing signals of television channels, is of the opinion that the addressable system, being used by the distributor for distribution of television channel~, .does not meet the requirements specified in the Schedule III, it may, without prejudice to the time limit specified in sub-regulation (2) of the .~~ regulation 3, causeaudit of the addressable systemof the distributor by Mis.Broadcast Engineering Consultants ',' ;.~ Page 16 of 110 '. ' ,;.... , ..... .;;.••:.:.:v-, India Limited, or any other auditor empanelled by the Authority for conducting such audit and provide a copy of the report prepared by the auditor to the distributor: " Provided that unless the configuration or the version of the addressable system of the distributor has f! been changed after issuance of the report by the auditor. the broadcaster, before providing signals of television channel shall not cause audit of the addressable system, of the distributor if the addressable . , systeni of such, liance officer along with authenticated copy of the board's resolution authorizing the designation of such complianceofficer: Provided that the distributor of televisionchannels, which is not a company, shall, within thirty days fromthe date of designation of the compliance officer under the provisionsofthis regulation, furnish to the Authority the name, full address, contact number and e-mail address of the compliance officer along with authenticated copy of the authorization letter. authorizing the designation of such :'~ '.: compliance officer. (4) In the event of any change in the name of the compliance officer so designated under provisions of this regulation, the same shall be reported to the Authorityby the service providerwithin thirty days from the date of occurrence of such change along with authenticated copy of the board's resolution or authorization letter, as the case may be. (5) In the event of any change in the address or contact numberor email address of the complianceofficer, the same shall be reported to the Authorityby the service provider within ten days from the date of occurrence of such change. (6) The compliance officershall be responsible for(a) generatingawarenessfor ensuringcompliance with the provisionsof these regulations; (b) reporting to the Authority, with respect to compliance with these regulations and directions of the Authorityissued under these regulations; and (c) ensuring that proper procedures have been establishedand are beingfollowed for compliance of these regulations. (7) The provisionscontainedin ~he SUb-regulation (6) shall be iii addition to the liability of the service provider to comply with the requirements 1aiddown underthese regulations. 21. Intervention by the Authority.- The Authority may, in order to protect the interest of the consumer or service provider or to' promote and ensure orderlygrowth of the broadcasting and cable television sector or for monitoring and ensuringcompliance of these regulations, by order or direction,intervene,fromtime to time. 22. Repeal and saving.- (I) The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable TelevisionSystems) Regulations, 2012 are hereby repealed. Page 28 of 110 • • •• », •• : ': •• : :. ';'. " ~ .;.', ":'"'. f'J " ....... ~ ,~" '. .. , (2) The Telecommunication (Broadcasting and Cable Services) Interconnection Regulation, 2004, to the extent } ", :: theyare applicable to addressable systems, are herebyrepealed, :~: .;. (3) Notwithstanding the repeal of regulations mentioned, under sub-regulation (I) and sub-regulation (2) of this regulation, anything done or any actiontaken or proposed to have been done underthe said regulations shall be deemed to have beendone or taken underthe corresponding provision of these regulations. (Sudhir Gupta) Secretary TRAI Note.-The Explanatory Memorandum explains the objects and reasons of the Telecommunication (Broadcasting and Cable)Services Interconnection (Addressable Systems) Regulations, 2017, " ' Page 29 ofllO ~! .:.; ;~~ ~~; "::: '::: ;>~;.:.:: . :':!.;':.':", : :.: ,~( ,'.: :~;.w~h:';. ::;." :..';":' ~,.; 'I" ; I' ":;:;:'~;:'~"":': t~,.,~; :", I ; H·..·,:.. 1 : : ' " '01 ': • -: •• ~.:. '.: :., .0' , , ' ," :: " •• " :-.. .•• .... ' '.~ ..... , ' .. Explanatory Memorandum to the Telecommunication (Broadcasting and cable) Services Interconnection (Addressable Systems) Regulations, 2017 (No 1 of 2017) ., ;~ Backgr~und ;.; I. The TRAI Act entrusts Telecom Regulatory Authority of India, amongst others, with the functions to ensure technical compatibility and effective interconnection between different service providers, fix the terms and conditions of interconnectivity between', the service providers, and regulate arrangement amongst service providersfor sharing their revenue derived from providing telecommunication services. In exercise of the powers conferred by the proviso to clause (k) of sub-section (I) of section (2) of the Act, in the year 2004,the CentralGovernment notifiedthe broadcasting servicesand cable servicesto be telecommunication services. The interconnection between broadcasting service providers is a technocommercial arrangement by which service providers connect their equipments and networks to deliver broadcasting servicesto subscribers. 2. To discharge the above mentioned functions, the Authority, from time to time, notifies regulatory framework for interconnection between service providers' for broadcasting services. Under the notified framework service providers finalize their commercial and technical terms to arrive at an agreementand share revenues as per the agreement. 3. The first interconnection regulations for, broadcasting services, namely the Telecommunication (Broadcasting and Cable Services) Interconnection Regulation, 2004 (13 of 2004), were notified by the Authority on 10.12.2004 (hereinafterreferred to as the Interconnection Regulations, 2004). These were initially notified to regulate interconnection arrangements between service providers for distribution of TV channelsin analog mode, in vogue at that point of time. From time to time, need arose to clarify, as well as to expandthe scopeof the Interconnection Regulations, 2Q04 to includeaddressable systemssuch as Direct to Home (DTH), Head-end In the Sky (HITS), and Internet Protoc~1 Television (WTV). The basic features of the Interconnection Regulations, 2004, inter alia, encompass the provisions for providing signalsofa TV channelon non-discriminatory termsto distributors of TV channels, publishing Reference Interconnection Offer (RIO) for interconnection to ensure level playing field, entering in to written interconnection agreement, disconnection' of signals of TV channel, and ascertaining the subscriberbase. 4. The evolution of technology paved the way for digitization and addressability of the cable services. For implementation of digitization with addressability in the cable TV sector, the Parliament amended the Cable Television Networks (Regulation) Act 1995 on 30th December, 2011. Subsequently, the Cable Television Networks (Amendment) Rules, 2012 were notifiedby the CentralGovernment on 28th April, 2012. The Authoritynotifiedthe Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations, 2012 (9 of 2012) on 30th April, 2012 (hereinafter referred as the Interconnection Regulations, 2012). These regulations were specifically applicable for cable services provided through Digital Addressable Cable Television Systems (DAS). The Interconnection Regulations, 2004, continued for non-addressable cable TV systems.and also for other addressable systems such as DTH, HITS and !PTV. The basic features of the Interconnection Regulations, 2012 were similar to the basic features of the Interconnection Regulations, 2004, mentioned in Para 3 above. 5. As per the roadmap notified by the Central Government, after 31st March, 2017, the provisioning of cable servicesshall be permitted through Digital Addressable Systemsonly, Till now, digitization of the cable services has been completed in most of the urban areas. With the implementation of digitization and addressability in the cable TV sector, majorityof subscribers receive broadcasting services through addressable systems. ;'. \ ',-' Page 80 of110 :c, ',' ••\ ': .•,.' . .:::;..:.. 6, Broadcasting services provided through addressable systems have numerous advantages over those provided through analog non-addressable systems, The digital addressable systems are efficient in provisioning of services and enable choice to the subscribers. The subscribers gets better signal quality, enhanced viewing experience, choice of more channels and can pay only for those channels! services which they subscribes. For service providers; 'the addressable systems enable transparent business transactions based on verifiable parameters and improve transparency; It allows the collection of tax revenue, by the Government, commensurate to the actual market size. 7. The full benefits of digitisation can be accrued to various stakeholders in the value chain only when the business transactions are transparent and based on objective, measurable and computable parameters. The effective competition and level playing field in the market place is possible when theinterconnection is based on transparent and non-discriminatory principles. TRAI is conscious of the fact that, while the interconnection regulatory framework should uphold necessary discipline in the sector to ensure transparent and non-discriminatory practices, it should also provide required freedom to service providers , in the value chain to innovate. It should be able to provide a level playing field to all the service providers, effeetive choice to consumers, and orderly growth of the sector. 8. The regulatory framework ought to evolve with the time to keep pace with, the developments in the sector. Accordingly, the Authority decided to review; in a complete and holistic manner, the regulatory framework for broadcasting services delivered through addressable systems which include Tariff orders, and Interconnection and Quality of Service (QoS) Regulations. 9. In line with the established practice, for reviewing the regulatory framework for broadcasting services, the Authority issued series of consultation papers on Tariff, Interconnection and QoS issues. The consultation paper on "Tariff Issues related to TV services" was issued on 29th January, 2016, "Interconnection framework for Broadcasting TV Services distributed through Addressable Systems" was issuedon 4th May, 2016, and "Issues related to Quality of Services in Digital Addressable Systems and Consumer Protection" was issued on 18thMay, 2016. 10. For consultation on "Interconnection frame~ork for Broadcasting TV Services distributed through Addressable Systems" (the CP), initially one month time was given to the stakeholders to submit their comments. On requests of the stakeholders, the last date for submission of comments was extended by a week time i.e. up to 10th June, 2016. The last date for submitting counter comments was 17th June, 2016. In response to this consultation paper.-~ total of 28 comments and I counter comment were received from stakeholders. Subsequently.an Open Rouse Discussion (ORO) program to discuss issues relating to interconnection-with stakeholders was held on 13th July, 2016 at Delhi, which was attended by a large number of stakeholders. II. After detailed anal~i$ of the comments, counter-comments, and theviews expressed by the stakeholders during the ORO, and internal examination of the issues relating to interconnection based on the information available with the Authority, draft Interconnection Regulations, 2016 namely the draft Telecommunication (Broadcasting and Cable Services) Interconnection (Addressable Systems) Regulations, 2016 were framed and the same were uploaded on TRAI website along with explanatory memorandum detailing objects and reasons of.' the <4"aft Interconnection Regulations, 2016 for consultation with the stakeholders. The stakeholders were requested to provide their comments! views on the draft, specifically on specific values suggested in the draft. A time up to 28th October, 2016 was provided to the stakeholders for comments, which was, on the request of the stakeholders, extended up to 15th November, 20115; by the Authority. The stakeholders were also requested to provide their inputs on completeness and consistency of-the 'regulations within and with other draft regulations! tariff orders. To better understand the views! comments, the stakeholders were requested to provide their inputs with adequate justification. In response, a total 45 comments were received and these written comments were uploaded on TRAI website. After taking into consideration the comments received from the stakeholders ',' ',' , :; ~: ',' ' .. .', ;,~ --, :::," ::~ :.: .:. , \ Page 81 of 110 ',:'.. ...::::; , . . ' .:" v: ,~, :~ .:. and in-house analysis, the Authority finalized the Telecommunication (Broadcasting and cable) Services Interconnection (Addressable Systems) Regulations, 2017. The subsequent paragraphs explain the objects and reasons of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulation, 2017. Copyright Issues ,'. ,', 12. In response to the draft Interconnection Regulations 20 16" some of the broadcasters stated that provisions of 'non-exclusivity', and 'must provide' are in conflict-with certain provisions of the Copyright Act 1957. They have argued that the Copyright Act 1957 allows content owners and broadcasting organisations to exclusively license or assign their works and, grant broadcast reproduction rights, whereas, the provisions of the draft regulations require' the broadcasters to compulsory provide their channels to distributors of television channels on non-~xclusive basis. They have further stated that the W'aft Interconnection Regulations 2016, denies the broadcaster the right to negotiate with the distributors. 13. The Authority is of the view that a TV channel is a distinct and different 'product' and is comprised of a collection of different individual programmes such as movies, sports, dramas, soap operas, music, etc. Some of these programmes are either created by the broadcasters themselves or they are acquired through license/ assignment from various content producers or production houses, Therefore, a TV channel is a mixture of different individual copyrightable works ,either owned or acquired through license/ assignment from different copyright owners! authors by a' broadcaster. The provisions of Interconnection Regulations, 2017 do not in any manner regulate as to how or at what price/royalty a broadcaster can acquire content form the content owners. These regulations do not in any manner regulate the process of acquiring the license by the broadcasters from the'content owners for its TV channel and they also do not regulate copyrighted work' underlying the TV channels. These regulations however govern the manner of offering of TV channels to the DPOs for further re-transmission to the subscribers on non-discriminatory basis. Therefore the contention of the broadcaster that the provisions of regulations are in conflict with the Copyright Act is not tenable. 14. The argument of the broadcasters that compulsory providing of TV signals to DPOs on non-exclusive basis and mandating agreement on the basis of RIO conflict with the provisions of Copyright Act is not in conformance with the well-settled position of law. This issue has been settled by Hon'ble TOSAT in the case of Mis Noida Software Technology Park Ltd. Vs, M/s Media Pro Enterprise India Pvt. Ltd. & Ors., in Petition No. 295 (C) of 2014, judgement dated 07.12.2015. A Statutory Appeal carried from the Hon'ble TDSATjudgment in Noida Software Technology Park vs, Media Pro Enterprises India Pvt Ltd. was dismissed by the Hon'ble Supreme Court vide order dated 26.02.2016 in Civil Appeal No. 1446 of 2016. 15. The arguments of the broadcasters that signing of interconnection agreement on the basis of RIO takes away their right of mutual negotiation for licensing their BRR under Copyright Act is also not tenable. On this issue, it is important to note that the rule 9 read with rule 10 of the Cable Television Networks Rules, 1994 mandates TRAI to specify Standard Interconnection Agreements (SIA) to be entered for interconnection between broadcaster and MSOs. However, in terms of these regulations, TRAI has in fact refrained from prescribing any specific RIO, or SIA for broadcasters giving them full freedom to innovate and market their offerings. These Regulations give freedom to broadcasters to devise and design their RIDs as per their own choice subject to compliance with the. provisions of the regulations! Tariff Order. The Hon'ble TDSAT in the case of Star Sports India Pvt. Ltd. Vs. Hathway Cable & Datacom Ltd. in Petition No. 47(C) of 2014, judgement dated.25..09.2014 has given its approval to the concept of RIO as a measure of ensuring, a level playing field If anything in these Regulations, the TRAI has reduced the extent of regulatory intervention. ' :-~ ',' ,. ., .. , .'. ~:: c:': ,', ~ .' .... .'.. ', .',' Page 82 of1IO .::'.. ; "";'~:"'<".::,•,•,.:,.,•••" ',., •••.•' .' '.' i,.,.,.,.,• •....,.'".,'.,.• ' •••'.;,"' •••. ' " . . :/f,: " ' ,; :-' : .:•.;,;.'.::~,~;;-, {: ti.. :.~ '. " :M:.~{,:,:,:, \ ~ ~ ,. .:'. : ', It .;c . .... . ~ ~. . ~;i~ . ..:: ' :.; :.: 16. ., ',' .v In the above referred judgements, Hon'ble TDSAT has exhaustively dealt with the issues of copyright and interconnection regulations and conclusively determined that the provisions relating to nonexclusivity, non-discrimination, reference interconnection offer etc. do no conflict with the provisions of Copyright Act. Non-exclusivity and Non-discrimInation 17. The Interconnection Regulations, 2004 and the Interconnection Regulations, 2012 prohibitedexclusive arrangements, which prevent other service providers to get signals of TV channels or access to distribution networks, between service providers. They also made it obligatory on part of broadcasters to provide signals of TV channels to OPOs, on receipt of request for the same, on non-discriminatory basis which is commonly referred as 'must provide' principle and which in essence mandate a broadcaster to must make available-Its TV channels to OPOs and through them to viewers on an equal basis within a given territory. The principle of non-exclusivity and must provisioning of signals have to be examined primarily from the consumer's perspective. While at this juncture, although large number of broadcasters are present .across popular genres, the competition is far from fair due to monopolistic nature of TV channels. TV channels within the same 'genr~ are differentiated from one another by their branding and composition of programs. They are not substitutes in the perception of consumers. As in a monopoly, firms in monopolistic competition are price setters, rather than price takers. If a TV channel, in demand in a particular market, is not available on anyone TV distribution network and another popular channel in that market is not available on a competing distribution network then in such market the consumers may have to subscribe for services of more than one operator to viewtheir favourite channels. Moreover, it is impractical for a consumer to obtain 'broadcasting,' cable ,services from multiple DPOs. In broadcasting and cable TV sector, to some extent, vertical integration still exists between broadcasters and OPOs. Any kind of exclusive agreements, whereby signals of popular TV channels can be denied to a competitor so as' to promote the broadcaster's integrated distribution network will affect fair competition and choice to the consumers. Similarly, entering into any understanding or- arrangement by a OPO with a broadcaster or LCO which prevents .other broadcasters 'or other LCOs to access the network of the OPO for re-transmission or to obtain signals of TV channels' may be prejudicial to the competition. 18. TRAI, being a sectoral regulator of broadcasting services and cable services, has been entrusted with the task of ensuring a level playing field and fair competition in the sector and also ensuring that the interests of consumers and service providers are protected. Therefore, TRAI has power to look at all issues affecting competition in the market and to 'craft remedies for the same oil ex-ante basis. The Authority is of the view that any kind of exclusivity in distribution of TV channels is prejudicial for competition and hence should not be permitted and mandatory provisioning of signal is a meaningful step towards achieving the goal. 'of fair competition and the interest of consumer. Accordingly in the draft Interconnection Regulations, 2016,' necessary provisions for non-exclusivity and must provide were made. After analysis of the comments received in response to the draft Interconnection Regulations, 2016, it appears that these principles have been widely accepted and therefore these principles have been retained in these regulations. c. ", : ~.. ~ .; :.: :.: Must Carry 19. The provisions relating to 'must carry' existed in the Interconnection Regulations, '2012, which was applicable for cable, TV services provided through D,AS. The 'must carry' provisions in the Interconnection Regulations, 2012, enabled broadcasters' of Hindi, English and Regional channels to access the network of an MSO for re-transmission to the subscribers. However, in the Interconnection Regulations, 2004, which regulated non-addressable cable"TV systems and the other addressable systems like DTH, HITS and IPTV, there was no 'must carry' provision, In the CP, it was proposed to make a uniform "must carry" provision for all addressable systems. Page 83 of 110 '. ', ,. ~:;;.~;;C~:ii::;/;;::;;(;~:;;;:::.;:;;;i<::~iii:;l;;;;:; .::;:::;:;;;iE::;::!.;';;;fiig;ii;;mgiii;!~ii!;i;~;;;i:;;i:;;:~:;:;;;}.\:;~;.:,: ·:-::<,;:.;:'i;,,:.;, '. ,,' ' ; ".:, ,;: :,',.:,' : . s ?: ':, I) ii ~ i! ~~ ~~ ~~ i~; :=: :.: 20. A service provider in the value chain may act as a seeker or as a provider. For example, when a distributor seeks signals of TV channels from a broadcaster, it acts as a seeker and the broadcaster in such case becomes a provider of the signals of TV channel. Whereas, when a broadcaster approaches a distributor for accessing its network for re-transmission of its channel(s) then it acts as a seeker and the distributor becomes the provider. The 'must provide' provision helps DPOs in making available 1V channels to its subscribers on the basis of demand in a market. Similarly, 'must carry' provision removes entry barrier for a television channel to enter into a target market, as a broadcaster can distribute its channel(s) through the OPOs availablein that target market. 21. In response to the CP, majorityof the broadcasters stated that 'must carry' provisionshould be applicable for ~11 types of networks, Whereas, one broadcaster and some DPOs stated that 'must carry' provision should not be made applicableto OTH and HITS networks as there are transponder capacity constraints. After analysis of the .comments received in response to the CP, 'must carry' provision, wherein spare capacity of a OPO to be allocated on first coine first served basis, was proposed in the draft Interconnection Regulations, 2016 for all types of addressablesystems. 22, In response to the draft Interconnection Regulations, 2016, a broadcastersuggestedthat to ensure proper implementation of this clause, a real time monitoring of requests is required. It was suggested that the requests from broadcasters for re-transmission of their channels should be received by DPOs through websites only.Another broadcasteropinedthat OPOs should publish and update completedetails of their network's channel carrying capacity and pending channel list in chronological order, within 7 days of any change in place of 30 days as proposed in the draft Interconnection Regulations 2016. Some broadcasters and an association stated that non stipulation of minimum channel carrying capacity for OPOs and the proposedprovisionof must carryon first come first serve basis may dilute the 'must carry' principle as deserving channels may be deprived access merely due to timing of request. They further commented that regional channels should be carried by regional MSOs. Many broadcasters also suggested that OPOs should continue to carry all the channels! bouquets, which are available on their platform during the last calendar quarter from the effective date of the proposed regulation, for at least next 60 days to provide level playing field to all broadcasters. 23. OTH operators commented that satellite bandwidth is a scarce resource, which makes it not only cost prohibitivefor OTH operators, to add requisite transponders but is also difficult to obtain because of the long waiting time involved (usually 1-2 years) for various clearances. Therefore, they opined that flexibility be given to them to use this bandwidtheconomically and efficiently to meet the demands and preferences of their retail customers. 24. OTH operators also commented that 'first come first served' should not.be implemented in situations where there is a gap between demand and supply and/or the resource to be provided is scarce. The principle of 'first come first served' mightend up creatingdisputes betweenbroadcasters and DPOs since it would be hard to determine the priority level of broadcasters' requests for the carriage of a channel. It would also lead to administrative issues (documentation, etc.) which would be difficult for private entities to manage. OTH operators further commented that due to 'these challenges the capacity of this media can never matchthat of the cable operatorsthereforeit is their right as business entity to be able to sell the satellitespace at the bestpossible businessproposition. 25. Some OTH operators stated that the obligation of must carry will force OTIl to carry even those channels which have very less demand or no demand which will be highly detrimental to the DTH platforms as well as to the customer. This will impact the customer base of DTH operators who would tend to move to other Digital platforms. Unlike a OAS operator which may have region based offerings, DTH operation is a PAN India operation where a OTII operator has to be selective in the choice of the channels to be placed on its platform. ',' .'. '.; :~ :;; ,' . . ,' ',' .' .-, ',' " '.; : ... " " .:; ': .:. ':.. ,:', ,', Page 84 of 110 ' .....',.' .... · , "t :~v .~ " ',:~ ::: 26. One of theMSOs have suggested to have a proviso to regulation dealing with the 'must carry issue' that in case the number of channels'in genre'. be filled to.the extent of 10% of available capacity, then the distributorshouldbe at liberty to deny carriage of a channel on the "first come first serve basis". 027. As per the clownlinking guidelines of the Ministryof Informationand Broadcasting(MIS), a broadcaster can distribute its TV channel through distributors of TV channels only. Therefore, it becomes essential that a broadcasterdesirousofre-transmission of its TV channelsto subscribers in marketshould be able to access the network of distributors of TV channels in that market. The 'must carry' principle removes the entry barrier for channels and ensures that the network is accessible for distribution of channel, Denial of access to that particular market by a DPO may cause jeopardy to that broadcasteras it cannot reach end consumers in that particularmarketthroughanyother alternate means. a 28. On the other hand, a DPO plans the capacity of its distribution networks on the basis of demand in the market and availability of network resources, There is a distinct possibility that at a given time when a broadcasterapproaches a distributor for re-transmission of its channels, spare capacity in the distribution network may not be available. To address the issues relating to capacity constraintsand requirement of non-discriminatory access to distribution networks, a balanced' approach need to be adopted. Accordingly, the following provisions have been madein these regulations» i. DPOs have been mandatedto declare its target market and publish total channel carrying capacity and spare channelcapacityalong with other details specified in the regulationon its website, as the ca~acity varies.from networkto network, ii.· Any change in the information published by the·OPOs on its website is required to be updated within seven days from the date of occurrence of such change so that the broadcasters can take informeddecisionbefore makingrequest for carryingthe channels, ,;. ' ',' '.: :.: .» ;.: \ .. iii. An interconnection agreementhas to be in place for getting access. to the network, iv, DPOs are also required to maintain, and publish on its website the list of channels, in chronological order, for which requests have been received from broadcasters for re-transmission of' their channels, the interconnection agreements have' been signed and are pending for retransmission due to non-availability of the spare channel capacity. This will not only improve the transparency but also act as a deterrentfor non-serious players seekingaccess, v. DPO is required to allocate every alternate spare channel capacity on its network, in sequential manner, from the list for re-transmission of the television channels. This will address the issue of non-discrimination and would also enable carry those TV channels which are in demand in the market and requests have been made by the DPO for distribution after entering into interconnection agreement. 29. Thus, the Authorityhas decidedthat 'must carry' provisionshould be uniformly applicableto all types of DPOs subject to availability of spare capacity., In this way, while- the DPOs have the freedom to plan their networks, the broadcasters would be,' able' to get access. to the distribution networks on nondiscriminatory basis. 30, In deference to the long standingdemandof broadcasters to mandate 'must carry' obligationon the DPO as a reciprocal obligation to the 'must provide' mandate on the broadcasters, in these, regulations the TRAI has made applicable such provisions for all category of DPOs. The provisions relating to 'must carry' make it obligatoryon part of DPOs to carry signals of TV channels, of broadcasters, on receipt of writtenrequest for the same, on non-discriminatory basis. '. , .: :; Page 85 of) 10 , " ...: .~ . , . .: ... , , ................•. " ' . ~. 1J'~ .~ :~ 3I. On the suggestion of some stakeholders regarding setting up.of a.minimum channel carrying capacityby DPQ, the Authority noted that India is a pluralistic country with diverse requirements therefore; the choice of the customermay be varied depending on different: demographics. The DPOs create network capacities depending upon the requirement of that market in which they are operating. Therefore, mandating a minimum capacity for networks may.serve purpose for one region but that may not be suitable for other region. On the contrarymaridating minimum channel carrying capacity for a distribution network may-increase the cost to the.consumers, The market forces would play an important and significant role in the:matter of carrying capacityof the DPO. Therefore, the Authority is of the view that the channel carrying capacityof a DPO should be left to market forces and therefore, the same has not been regulated. 32. The Authority noted that, general1y, the channels available on a distribution platform are a mix of channels obtained through 'must provide', 'must carry' and free to air channels distributed by a DPO as per demand in the market. So it is necessary that the available capacity of a distribution network is best utilisedto meet the demand of the consumers in a particularmarket. Therefore, these regulations provide ful1 right to the DPO on the used capacityof its network. However, on sparechannelcapacity,it has been made obligatory toal1ocate every alternate channel capacityin sequentialmanner from the pending list. For such channels the DPOs will get the carriage fee till the average channel subscriber base reaches 20%. Thus the above mechanism in no way restricts the business plaris ofDPOs and protects its right on its capacityto carry channels whileaddressing broadcasters concernalso. 33. The MSOs suggestion that a proviso in the regulation dealing with the 'must carry' that in case the number of channels in genre be filled to the extent of 10% of available capacity, then the distributor should be at liberty to deny carriage of a channel on the "first come first serve basis" cannot be accepted as DPOs are allocating only the alternate spare capacitythat too with carriagefee. Further, the subscriber demand will playa role in continuance of such channel and a provision has already been made for discontinuation of channel if it fails to acquire a minimum percentage of subscriber base during predefinedtime period. 34. In order to protect DPOs from carryinga non-popular channel under 'must carry' it was proposed in the draft Interconnectionregulations, 2016,that DPO can discontinue carryingof a television channelin case the monthly subscription, for that particulartelevision channel is less than 5% of the monthly average active subscriberbase of that distributor in the taq~et market specifiedin the interconnection agreement, in each of the immediately preceding six consecutive months. On this issue, most of the broadcasters opined that such provision may give unilateral power to DPOs to discriminate and will be against the principleof networkneutrality and will enableoperatorto act as gate keepers for channels,A broadcaster suggested that a provision may be made for DTH and HITS operators to discontinue a channel if the subscription, in the precedingsix months is less than or equal to a given minimum of 10 % of the total activesubscriberbase of that operatoraveraged over that period.Many broadcasters stated that, since HD penetration is very low, it is likely that HD Channelsin many case would not qualify the criterion of 5% and will be liable to be disconnected by I;>PO.Therefore, they demanded protection ror HD channels in this regard. Some other broadcaster said that, similar·is the case for English genre channels a's there is very less population demanding for English language channels. On the contrary,some DPOs quoted that it should be permitted to discontinue the channel if subscription percentage remains below 5% on the average subscriber base of the past 3 months instead of 6 months, and after such disconnection the permissible periodof denialto carry the samechannelagain should be increased from I year to 3 years. 35. The Authoritynoted that such provision existed in the Interconnections; 2012 which was applicable for DAS. The Authorityis of the view that such provision would ensure that non-popular channels do not occupy the.space on a distribution network. Therefore .the provision has been retained with slight ;. :~ Page 86 oflIO ' .. .:; ';:~':"":.' .;':' .. :' :;-,' 'h ' ':':H::."':-~:"""'" ~,,: : ': ", :.,":'''~:''':'''''';~'':'~:'''~~~''''.'{, . '' •.J •••• ,. ,'. , " ',,' '.,' .'J.,,' . ' .•... '.' ......" ..••" •.•, ~ , -.:. ~ ' • '.. ';:...,i)T.'"",-:-~......,..~..,..,...,."..-;;. ' I •• ,', modification. In case of failure to maintain the required subscription levels, a DPO, in its discretion, could refuse-to grant further access to the network for a period of further one year. "~ ,; 36, One of the unique features of digital networks is that it supports re-transmission of High Definition (HD) Channels. The picture quality and viewing experience in HD channels are far better than those of SD channels prevalent in the market. GeneralIy, the bit-rate ofHD channel is approximately two times of the bit rate of corresponding SD channels. Therefore, the Authority has mandated that in case one HD channel is discontinued or added by DPO then for the purpose (Jfcalculation of spare capacity, one HD channels shalI be counted equivalent to two SD channels. . 37. The Authority noted that at present there are only 17% ofDTH subscribers are having HD set-top boxes and in case of MSO's subscribers, this figure is very low. Therefore, in such a situation, the likelihood of SUbscription of HD channels faIling below 5% of total subscriber base of a DPO is very high. Therefore, the Authority is oqh!= view that such channels needs different treatment and it has been decided that for the purpose of calculation of monthly subscription for HD TV channels, only the subscribers capable of receiving HD TV channels shalI be considered. 38. However, the Authority has not agreed with the suggestion of some stakeholder regarding the protection to English language channels as it would be unfair to grant protection to channels on the language or genre basis and also it would be impossible to segregate 'the subscribers on the basis of their choice of language of channels. . 39. On the suggestion.. of stakeholders in response to the CP. regarding setting up of web-based interconnection request management' systems, the Authority has constituted a task force to deliberate the issue of developing such a system. Time Limit for PrOVisioning of Signalsi Access to Network .:. " ;~ ;.; 40. The Interconnection Regulations, 2004 contained provisions relating to provisioning of signals of TV . channels to seeker in a time bound manner. It ~as provided that a service provider should either provide the signals in the stipulated time of 60 days from the date of the request and, in case the service provider turns down the request, the reasons for such a refusal must be recorded in writing and conveyed to the seeker within 60 days from the date of the request so that the affected party can take corrective actions or agitate before appropriate forum, as the case may be. Time bound interconnection between service providers is essential for fair competition in the market-and meeting the demand of the consumers in time. However, in the past, on many occasions, the Authority noted that even though providers (broadcasters or DPOs) did respond to the requests within the stipulated time, the negotiations to enter into mutualIy agreed written interconnection agreement were prolonged defeating the very purpose of the regulations. In many cases, due to prolonged negotiations, the time period of 60 days was not adhered to by either party. In the CP the issues relating to timely provisioning of signals I access to distribution network were discussed. To ensure the compliance. of these .regulations in .letter and spirit, it was proposed in the CP that the 60 days period may be further sub-divided into sub-activities and RIO may contain necessary and sufficient conditions; so that a seeker. can sign the same and send that to the provider for further necessary action, in case of any delay. 4 I. In response to the CP, most of the broadcasters and 'some DPOs supported the existing 'time line of 60 days for providing signals of TV channelsl access to the network, without any sub-division and suggested that financial disincentives.may be levied on service provider in case o.fany default. Another broadcaster commented that 60 days Period is not sufficient for a. broadcaster to complete alI the procedures for providing signals of TV channels and therefore it should be increased. Some DPOs stated that 60 days may be sub-divided into 2 periods i.e, 30 days each, the first for raising objections, technical audit etc. " .! .! C, '.' ',; .:: Page 87 of 110 and the second for curing the defects. A cable operator commented that only 30 days are sufficient for providing signalof TV channels. ::; 42. The Authority notedthat the serviceproviders are required to carryout certainactivities before providing signals of TV channelsl access to the network such as commercial discussions for entering into written interconnection agreements, assessment of addressable systems, provisioning of Integrated Receiver Decoders (IRDs) and other technical infrastructure. To ensure timely provisioning of signals! access to the network, it is necessary that discussions for signingof interconnection agreements are completed in time bound manner. Delaysin signing of interconnection agreements resultsin delayin providingsignals of TV channels/ access to the network. Many times it has been observed that eitherfor want of certain additional information, or on some technical or commercial grounds,' the refusal to enter into agreement was conveyed by providerto seekerat the far end of the permissible period. Therefore, the permitted 60 days time cannotbe used for signingor refusal of interconnection agreement only. The time period for signing of agreement and remaining other activities to be carried out for providing signals of TV channelsl access to the network need to be divided so that the delays are eliminated. Therefore, the Authority was of the view that the seekerand provider should conclude all the commercial discussions by entering into the written interconnection agreement within 30 days from the date of receipt of request from a serviceprovider and make necessary arrangements for provisioning of signals of TV channels! access to the network within next 30 days from the date of signing of the interconnection agreement. Accordingly in the draft Interconnection Regulations, 2016, necessary provisions for dividing the 60 days period into two separate periods of 30 days'each, for signing of agreement and provisioning of signals! access to the network, were made. After analysis of the comments received in response to the draft Interconnection Regulations, 2016, it appears. that the stakeholders do not have any specific comment other than what were. already articulatedinresponse to the CP and therefore, the provisions relating to time limit for provisioning of signalsl access to. network as proposed in the draft Interconnection Regulations, 2016 have beenretained in these regulations. ... ::~ -. ~:. On the aspect of levy of financial disincentives on the service providers. for delay, the Authority noted that generally the delaysin providing signalsI accessto distribution networks were eitherdue to delay. in signingof agreements or disputes of variednaturebetween the serviceproviders. Now separation oftime periodsfor signingof interconnection agreements and remaining technical activities, and the requirement for signingof agreements on the basis of reference interconnect offer should be able ~ addressthe issue relatingto delays in signingof i~terconneCtion agreement to a largeextent.Disputescan be appropriately resolved by the serviceproviders either through mutual discussions or the same can be decided by the dispute resolution forums. Therefore, the Authority is of the view that prescription of financial disincentives at this stage is not necessary. 43. Reasons for denial of Signals I Accessto Network 44. In the Interconnection Regulations, 2004 and the Interconnection Regulations, 2012, one of the parameters permitted for denial of signals! access to the network was default in payment. In the draft Interconnection Regulations, 2016 also, after detailed analysis of the comments received in response to the CP, the Authority proposed to continue with such provision which makes the principles of "must provide" and "must carry" non-applicable in cases where the seeker is in default of payment and continues to be in default. 45. In response to the draft Interconnection Regulations, 2016, some broadcasters stated that .while considering default by a DPO (seeker), as a reasonable parameter for denial of interconnection request, defaultby the DPO with that broadcaster alongwith all other broadcasters operating in the sector should be taken into account. Another broadcaster commented that reasons for denial should also include previous outstanding with any broadcasterl proventrack recordof non-payment, criminal recordof DPOI criminal proceedings pendingagainst DPOsand DPOsnot complying with technical specifications. ."., ' .. Page 88 ofllO . :;: :.. :~: '~~ H :~ ~.~ ~~ ~.~ ., .', '~:';":~:;;0;:::"':.:;"".:::'";::.,:",:~'::::!",,:':"";;:~':.:1;0::":"·:"::0:;-,"'./:"",:;:!'1l~~~"";b,""'""'. ~"."':-7'" , .."", :.'· .","':':',:'t'i.<.:':l'\~:r;:~.,:, ".;~'1:k"-:':'l:-:.;!': ~;~:.... O: :",·.,...-:...-.:.:'.c,."".:''''.:'l:;~~.:",:.""...••;'0,....,.''''''.'''',••~.''''".'''':''"':.~;;.".. ...".;1,," .. ,.,.~:." .......:,,,";,,,"";.,""..... , :'.,..:."'!'."'~...... ', ..... : "'·""'\:.:-·,,"""!""'.·.'""~'r"'.·.""·,,,"".,""'"?'•••' ''... '';'''.:•..,'' :.:''..... ' ! ~..,.,::~."'":."'"...\,." ..-... ,.....""' ..... ,.."".!..,....,"'.,'"., .. ;--;:-:-r:7"";':':~;: '.'C.'":'"" :'7".' . ..................... '., i ~· · /: 46. ,', '.: ::: :::: ~ For any industry, the revenue flow across the value chain is of utmost necessity fOT the growth of the industry. It is right that a habitual defaulter service provider should face some additional conditions before provisioning of signals! access to distribution networks. However, for doing so in nondiscriminatory manner, the industry needs to evolve an index to measurethe level of default of a service provider, which does not exist today. Whenever,such mechanismis evolved by the industry, this could be another reason for. imposingsome additional conditions.The existingprovisionsrelating to the default are inclusiveand ncit exhaustive. Th~ serviceprovidersare free to impose any other reasonablecondition in non-discriminatory manner and seekers are free to respond to them. Therefore, the Authority, has retained the provision which makes principles of "must provide" and "must carry" non applicable to the cases where the seeker is in default of payment and continuesto be in default. Packaging of a Channel in DPa's Bouquet .... 47. For ease of subscription and management, in addition to offering the channels on a-la-carte basis, distributors offer beuquets of channels as per' the demand of subscribers. However, in the past, it was noted that, there has been direct or indirect influence by broadcasters on distributors for packaging of their channelsin specific bouquetsoffered by them. Generallythe price difference betweena-la-carte and bouquetofferingswas kept very high. Such practices led to offering of some non-popularchannels along with few popular channels as part of bouquets. This practice led to compromise of consumer choice as the subscribers were swayed to subscribe such bouquets in place of a-la-carte channels due to wide difference betweenthe bouquetprice and the sum of a-la-carte prices of constituentchannels. In order to address the issue, in the draft Interconnection Regulations 2016, it was proposed that the broadcaster shall not include any clause in the interconnection agreement which, directly. or indirectly, affects the decisionsof a OPOto package channelsin a bouquetoffered to the subscribers. 48. In response to the draft Interconnection Regulations, 2016, some broadcasters opined that complete restriction on broadcasters to ask for specific packaging should not be permitted as this affects the revenuestream of a broadcaster. Broadcasters also stated that niche channels would suffer due to this and it would affect the reach of channels in terms of geographic distributionand therefore it may limit the production of good quality content in the industry. A news broadcaster commentedthat OPOs should be encouraged to create "genre wise packs" rather than a mix! match of channels. Further, for packages covering wide genres, OPOs should not be allowed to disadvantage a channel with other channels in the competinggenre. 49. Some OPOs have suggested that' a provision should be 'added in the regulations which prevent broadcaster to impose any condition on a distributor to mandatorily offer all bouquets formed by such broadcasters. They have argued that if no such provision is added then the broadcasters would try and push their bouquetsinstead of subscriberschoosingbouquetsas per their wishes and tastes. 50. In order to address the isslie, the Authority, in the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 has brought in a new framework, wherein a broadcasterhas freedom to offer its pay channelsin form of bouquet(s). Similarly,a distributor has also been given freedom to form its own bouquet(s) by includinga-la-cartepay channels or bouquet(s) of pay channels of different broadcasters. 51, The arguments of the stakeholders that the proposed restrictions on packaging may limit the production of good quality content and affects the revenue stream of a broadcasterare untenable as subscription of channels! bouquets by consumers as per their choice should encourage the broadcasters to offer good quality channels to meet their demand. For improving the reach of channels in terms of geographical distribution, the Authority has already increased the scope of "must carry" provisions in these regulations. However, the reach of channelsin terms of subscription must be left to choice of consumers as this is one of the primaryreasons for implementation of addressability in the distribution system. it:' ~. 7>7; ~ 52. Since the freedom for forming the bouquets has been given to both the stakeholders, therefore, it is expected that they will form the bouquets on the basis of consumers demand. Any kind of direct or indirect influence on DPOs for deciding composition of bouquet, other than the choice of consumers, affect the orderly growth of the sector. In order to ensure that choice of the consumers remain only guiding factor for determining the composition 'of bouquets, it is necessary to ensure that no broadcaster interferes with bouquet formation at the levelof distributor. 53. For distribution of pay channels by DPOs on a-la-carte basis or for distribution of bouquets of pay channels, formed by broadcasters, it necessary that the interconnection agreement is in place. If a DPO entersinto an interconnection agreement withthe broadcaster for offering of broadcaster'sbouquetand it forms its own bouquet(s) by including only some pay channels of the broadcaster's bouquet then the revenue settlement between the broadcaster and DPO should be according to the interconnection agreement signed for those particularchannels on a-la-carte basis.Further to ensure that choice of a-lacarte selection remain available to customers in all circumstances, in these regulations the broadcasters and DPOs have been mandated to enter into interconnection agreement on a-la-carte basis for all pay channels beforedistribution. 54. On the concerns ofDPOs regarding imposition of any condition to mandatorily offerall bouquets formed by such broadcasters, the Authority is the view that if all the constituent channels of the bouquetformed by the broadcaster are not available on the platform of the DPO then by default, the DPO will not be under Obligation to carry such bouquet of broadcaster. Accordingly, necessary provisions have been made in theseregulations that a broadcaster cannotprovideany pre-condition as well as any clause in the interconnection agreement which directlyor indirectly affect the packaging of the channels in a bouquet. ; ,'.; Provisioning of Signal to LCOs 55. In case of DAS and HITS services, the last mile connectivity is mostlyprovidedby LCOs.As per Cable TV Act and rules made there under, LCOs are registered in the head post offices of the areas of their operation. The Interconnection regulations, 2004 and the Interconnection regulations, 2012 contained provisions relatingto time boundprovisioning of signalsof TV channel to LCOswithin 60 days from the date of request. 56. In these regulations, to ensure the timely signing of interconnection agreement and provisioning of signals, the-time period af 60 days has peen divided in two parts. It has been mandated that the DPOs should enter into an interconnection agreement within 30 days from the date of receipt of request and thereafter provide the signalsof TV channels to the LCO within next 30 days. 57. To ensure the proper revenue flow in the value chain, it is essential that the invoices are raised in time and due payments are also settledin time. Arrears, if any, need to be reflected in the subsequent invoices to ensure transparency in the business transactions. Many times, during the interactions with the stakeholders, it was reported that either in the absence of regular invoices or due ~ non-intimation of arrears in the subsequent invoices, the LCOs are suddenly confronted with demand for payment of huge amounts as arrears for last many months. Manya time LCOs have no information as to how such huge pending dues have been shown against them, especially when they were making regular payments and the arrears werenot reflected in the invoices issuedin the immediate past. Oftenit leads to disputes. 58. The issuecan be tackled by ensuringthat the invoices are-issued on a monthly basis clearly showing the current dues as well as the arrears, if any. This will' also ensure !he transparency in the business transactions and revenueflow in the value chain. It is necessary to curb the practice of bad debts in the sectoras it ultimately affects the price to subscribers. The latestinvoices shouldclearlyshow the level of arrears outstanding against the LCO. The. LCO should not be considered in default of payment to a distributor of TV channels if it produces the copy of immediately preceding six consecutive month's Page 90 of110 :J; :.,:: ~ -, .::: c-c ::L.,:-, ":'.:,',. ;.:,.:~': "': ~:":;::";'~' ..' ;J. ',"" -'. ' .. " , invoices with corresponding payment receipts, as a proof of having paid its dues. Such stipulation will protect the LCOs from unexpected and unforeseen .arrears being suddenly thrust upon them. Accordingly, suitable provisions have been made in this.regard.. ~ :~ ::: Prohibition of Minimum Guarantees :~; ',' .'. ;). 59. There may be different types of minimum guarantee. For example, a service provider may insist on other service provider to pay a fixed amount irrespective of number of subscribers actually subscribing a channel or number of subscribers in the network. There may be a situation, where a service provider might ask the other service provider to ensure a minimum number of subscribers before providing signals or stipulate a condition that only the service provider having a stipulated number of subscriber base can seek signals. There may be another possibility that the service provider might insist for a guarantee for a minimum percentage of subscription of its channels for providing signals of TV channels. A situation may also arise where a DPO before providing access to its network may put a condition that it will carry the requested channel only if the broadcaster enters into agreement for carriage of additional channel(s) or the DPO prescribes a certain minimum period for carriage of the' requested channels. 60, The Interconnection Regulations, 2004 provide that in addressable systems, no service provider shall stipulate, insist or provide for any clause in .an interconnection agreement with a distributor which would require such distributor to pay a minimum guarantee amount 'as subscription fee for the services provided. Similarly, the Interconnection Regulations 2012 provided that no service provider shall demand from any other service provider a minimum guarantee amount as subscription fee for the channels provided by such service provider. In a competitive market, insistence on any kind of minimum guarantee by either party is considered as an entry barrier and restricts the choice of consumers. The issue of minimum guarantee was discussed in the CP. : 61. In response to the CP, most of the broadcasters and DPOsopined that conditions such as minimum guaranteed number of subscribers or any fixed ainount as a subscription fee should not be allowed. Broadcasters were also of the view that subscriber numbers and the rate of channels should be the core parameter for calculation however, discounts based on network size, LCN (logical channel numbers), parity etc. within the allowed caps should be considered for calculation, and minimum guarantee as a pre-condition' should notbe allowed. DPOs also favoured the prohibition of a minimum subscription guarantee. 62. Any kind of minimum guarantee between the interconnecting parties is reminiscent of the analogue era, in which the numbers of subscribers were either not verifiable or it was difficult to ascertain as to how many subscribers are subscribing the channels. Therefore, in order to protect their revenue, service providers used to charge a fixed amount from the other service provider or used to bill for a minimum number of subscribers irrespective of whether the other service provider has been able to get that many subscribers or not. With the advent of digitisation and addressability in the sector, every subscriber accessing a particular channel can be counted and the same can be easily verified. The malaise of underreporting of subscribers was a main cause of revenue loss and disputes in the sector and the same has been cured by addressable systems. Despite that, the Authority has observed that the minimum guarantees in some or other form are still continuing in the sector. Stipulation of any minimum guarantee for number of subscribers or stipulation of any fixed feel fixed amount is not only anti-competitive but it also creates entry barriers for new service providers. It also defeats the purpose of implementing digitisation and addressability in the sector. This is against the objective of providing choice to the consumers and making services more affordable. Therefore, as far as, the issue of minimum guarantee amount or fixed fee is concerned, the Authority is of the view that service provider neither can insist for payment of a fixed amount nor can provide such clause for payment of such fee in the interconnection agreement. Accordingly the necessary provisions have been made in these regulations. The Subscriber Management Systems (SMS) of addressable systems provides for a transparent mechanism to count the -.' :.,' -', , Page 9t of1tO :.:.: :.', .~~·:";M~.".:· .' .-:::::-=:: number of subscribers availing broadcasting services and therefore a provision has been made that the 'broadcaster's share of maximum retail price' payable by a DPO shall be calculated on the basis of number of subscribers. 63. As far as the issueof prescription of guarantee of aminimum numberof subscribers or subscriber base is concerned, the Authority is of the view that for ensuring competitiveness in the market and to remove entry barrier for new entrants, no service provider, should be allowed to stipulate a pre condition for guarantee of minimum subscriber base or minimum subscription percentage of its channel(s). However, the Authority is also conscious of the factthat manyservice providers, in orderto promoie theirchannels, may liketo provide discounts, within the prescribed limitsin non-discriminatory manner, to otherservice providers on their fulfilling of certain target of the subscriber base or subscription percentage of its channel(s). In such a situation, to ensurethe orderly growth of the sector,theAuthority is of the viewthat it would be unfairto prohibit offering of such discounts. However in no case, such prescription should transcend to the denial of signals or discontinuation of signalsor a pre-condition for givingthe channel. 64. As far as, the issueof prescribing of minimum guarantee for periodor minimum guarantee for numberof channel(s), as a pre-condition for providing a~cess to the network, by a DPO,is concerned, the Authority is of the view that such pre-condition would create' an entry barrier for broadcasters and therefore the same has also not been allowed and such pre-condition has been qualified as unreasonable term. However, the DPO would be free to offer discounts, with in prescribed limits, on the carriage fee for offering access for carrying of additional channels or for entering into longerduration agreements. Reference Interconnection Offer (RIO) 65. Publication of RIO by service providers is one of the most effective waysof meeting non-discrimination and level playing field requirements. It,also provides enough flexibility to service providers for offering their services as per their business plans. In the CP.. the issue of allowing interconnection agreements based on mutually agreedterms, which do not form part of RIO published by a broadcaster or a DPO, was deliberated. It was also discussed whether the RIO should be the only basis for signing of interconnection agreement and the RIO should include all the terms and conditions including rates and discounts, to ensurenon-discrimination and level playing field. 66. Afterconsidering the comments of the stakeholders in response to the CP, to effectively ensurethe nondiscrimination on ground, in the draft Interconnection Regulations, 2016, it was proposed that an interconnection agreement, either for providing signals of TV channels ,or for access to the network for re-transmission of channels, shouldbe entered into in accordance with the RIO. 67. In response to the. draft Interconnection Regulations, 2016, some broadcasters and one broadcasters association stated ihat interconnection agreement to be' based only on RIO takes away broadcasters' ability to negotiate the terms of trade whilethe Copyright Act permits mutual negotiations by Broadcast Organisations. 68. The RIO published by a service provider is an offer on the basis of which a service provider wants to provide the signals of TV channels or access to the network to the seeker on non-discriminatory basis. However, in the past, the flexibility provided, in the Interconnection Regulations, 2004 and the Interconnection Regulations, 2012, for signing, of written interconnection agreement on mutual agreed terms, was many times misinterpreted by service providers' to transcend beyond the regulatory framework and discriminate amongsimilarly placedseekers. This was giving rise to numberof disputes between service providers. In a regulated sector; to ensure level plaYing field, it is essential that all service providers conducts theirbusiness transactions as per the notified regulations and orders. Page92 ofHO ' .. 69. The argument, that the signing of interconnection agreement only on the basis of RIO, takes away the rights of broadcasters under the Copyright Act which gives them freedom for mutual negotiation for licensing their work, is misplaced. Here it is important to note that these regulations in no way regulate the licensing or assignment of copyright 'work' as defined in the Copyright Act. These regulations regulate the distribution of channels to the subscribers and signing of interconnection agreements for that purpose. It is further important to note that these regulations give complete freedom to broadcasters to devise and design their RIDs as per their own choice subject to compliance with applicable regulations. The regulations provide enough scope for mutual discussions on the basis of declared parameters. The RIO framework provides a common and transparent basis for all agreements to be entered for provisions of signals or access to the network. For ensuring the orderly growth of the sector, it is essential that the regulatory framework provides for an easy entry as well as exit options for service providers. For a new entrant in the sector, before committing the requisite investments, it is of paramount importance that he is reasonably assured of getting 'forward and backward linkages. In case of broadcasting and cable TV sector, for a new broadcaster it is essential to have reasonable assurance of accessing the networks at declared terms and conditions. Similarly, for a new distributor it is essential to have reasonable assurance of getting signals of TV channels at declared terms and conditions. Mutual agreements, beyond the declared RIO defeat this vital requirement for orderly growth of the sector. 70. It also helps to ensure that new entrant operators can be confident of getting terms which will not be less favourable to those applied to others. The RIO must define the parameters for arriving at an agreement on acceptable terms and such parameters should be objective, measurable and computable. Therefore, the Authority is of the view that all the interconnection agreements should be signed in accordance with RIO. Examination of RIO '. d. :.; 71. As per the Interconnection Regulations, 2004 and the Interconnection Regulations, 2012, the service providers were required to publish their RIDs on their websites. Further, these regulations also created an obligation on the service provider to file a copy of RIO with the Authority. If any stakeholder felt that the terms and conditions of an RIO contravene the provisions of the regulatory framework then that stakeholder was at liberty to raise his objection with the provider publishing the RIO or at an appropriate forum. On many occasions it was observed that such objections were often raised after long time from the date of publication of RIO. This resulted in delay in initiation of corrective action, if any, by the provider. Further, an amendment to the RIO at a belated stage necessitated amendments in agreements with multiple seekers already executed on the basis of that RIO. The issue was deliberated in the CP wherein a consultative approach was suggested to address these issues. After considering the comments of the stakeholders in response to the CP, in the draft Interconnection Regulations, 20 16, it was proposed that the service provider shall publish finalise its RIO after considering the comments of stakeholders in the value chain. Such provision would ensure that the final RIO is compliant to the regulatory framework and lead to reduction in disputes. Even after this exercise, an aggrieved stakeholder can approach an appropriate forum for settling their disputes on RIO. 72. In response some broadcasters commented that enabling OPO to raise objection and making it obligatory on the part of broadcaster to consider and amend RIO as per those objections would introduce lot of complications in the process as multiple OPOs (01:HlMSOs) keep on raising 'one objection or the other and the RIO will never attain finality. One broadcaster stated that such ~ right should not be given to OPOs and only TRAI should hold the right and solely be responsible to intervene in the RIO being drafted and published by the broadcaster. One OPQs~ggested that the broadcaster should be made to mandatorily report its RIO or ,amended RIO to TRAI to verity the compliance of the same with the regulatory requirement. Another broadcaster stated that if the RID is not in compliance with the regulations then any stakeholders can approach regulator or Hon'ble TOSAT. Majority of OPOs stated that it should be mandated that all draft RIDs be' first submitted to TRAI to go through them and Page 93 of 110 published after its approval. If the same are non-compliant, the' Regulator can take appropriate action. Further they stated that the DPOs should also be allowed to challenge the same, if some clauses are contrary to the Regulatory Framework. 73. After considering the comments of various stakeholders on this issue and on grvmg cautious consideration to the provisions in relation to finalization of the RIO by broadcasters and distributors, the Authority observed that the proposed process for finalisation of RIO may lead to delays and repetitive work. Also, it was not able to guarantee the non-occurrence of the disputes after publication of final RIO by a service provider. This extra burden can be easily avoided by ensuring' that the service provider publishes its RIO in compliance of the regulatory framework at the initial stage itself. Further, permitting a draft Reference Interconnect Offer which is not in conformity with the Interconnect Regulations would be antithetic to the very purpose of regulating interconnection between broadcasters and DPOs. Therefore the Authority is of the view that the broadcaster and the DPO shall take utmost care at the time of publication of RIO at initial stage itself for offering of their channels or networks, as the case may be, so that it fully conforms to the provisions of the regulations and Tariff Order. All the necessary terms and conditions shall form part of the RIO so that the RIO when signed by the other party becomes a complete interconnection agreement. For this reason provisions relating to this aspect have been modified. In these regulations, it has been mandated that" copy of RIO. shall be submitted to the Authority for record. . Needless to mention that, the stakeholders would have freedom to raise their objections on the RIO terms which are not in conformance with the regulatory framework at appropriate forum. Distribution Fee and Discounts 74. In the draft Interconnection Regulations, 2016; comments were solicited from the stakeholders on the values! rates specified for distribution fee and discounts offered by" broadcasters on their pay channels and bouquet of pay channels. The distribution fee was proposed at the minimum rate of 20% of the MRP of a pay channel or bouquet of pay channels. as the case may be. Further, the Authority proposed that a broadcaster may offer discounts on the MRP of a channel or bouquet to a DPO, to the extent that the sum of distribution fee and discounts do not exceed 35% of the MRP of such channel or bouquet. Similarly it was also proposed thit a DPO may offer up to 35% discounts on the rate ofcarnage fee declared by such DPO. It is important to note that the proposed limit of 3-5% on the sum of distribution fee and discounts as aforesaid is only in relation to commercial terms between the broadcaster and the DPO and does not apply to the discounts that maybe provided by the DPO to the subscriber. Basic purpose of putting a cap on discounts on business to business transactions- is to persuade service providers to declare realistic prices for their products! services and ensure 'level playing ·fi~ld. 75. On this issue, a broadcaster commented that distribution fee should be 10% of the MRP and placement fee and marketing fee to be subsumed in the various discount parameters of broadcasters, with a capping of 15% and transparently disclosed in the RIO. While ~nother broadcaster opined that the distribution fee should be reduced to 15% and discount on MRP be increased to 20% without altering the cap of 35%. On the other hand, most of the DPOs have suggested that instead oqO%, the distribution fee should be 55% as it was in CAS regime. One of the DTH operators has stated that the distribution fee of 20% will substantially squeeze the revenue generation capacity of the distributors and they will have to depend on the pricing strategy of broadcasters for their income. Further, they have also stated that the DTH operators incur a cost of around 4 to 5 % as collection cost. According to DTH operators, the collection costs are not borne by the MSOs. Accordingly, the distribution margin for the MSO would continue to be 20% however for DTH owing to the licence fee @ of'! 0% of gross revenue and collection cost, additional margin in the range of 5 to 6% should be provided. 76. In this regulatory framework, the price of network capacity. has been separated from the price of channels. As per the Tariff Order, for recovering the cost of distribution of channels which includes subscriber management, the distributors are permitted to charge the network capacity fee. Therefore the co ::~ .', " ::; Page 94 of 110 . r"j''';j;''~',"i;;; M;1i:,\:.;~.\.::;.~'.: :g::;.::;:..:};::~!:~::~:H);.~{:$::~:~=:~>~::. :::'.:';. '~':::: ;:.:?:':.: :.:: :':':::-:':.:;.:0:': :..:', :' ':';" :-., : " ;.:-: ., ',' .,:.:.:..•:.:.:•.•..:-, ;::::~;,!.;':.:-:.~.- -, : ' : :.; ::-:::.: '::--::-::::.:.~==,......-,.......,..,,....,..,"""'''"'"' ' .. · .. that a service provider may offer transparent discount to the other service provider out of the limit of 15% if it is mutually agreed. However it has been decided that any agreement, for any kind of fee for a channel, between two service providers should be made part of interconnection agreement and reported to the Authority to enable the Authority to monitor the industry practices, ' .. Audit of Addressable System before, Provisioning of Signals, ' 102. The Authority in its earlier regulatory framework had prescribed technical audit methodology before provisioning of signals. In the CP, the issues in the.current methodology of technical audit of addressable systems and need to review them were discussed. : 103. In response to CP, broadcasters opined that before 'any license is granted by MIB a mechanism should be introduced to ensure that any applicant seekinglicense to operate is completely compliant of addressable system requirements. A DTH operator commented that the' 'responsibility of audit lies with the broadcaster however such audit should be restricted to once a year and added that technical audit for each new channel should not be conducted every time. Another DTH operator stated that if the broadcaster intends to do the technical audit, it should be done either after providing the channel or simultaneously, and opined that TRAI or TDSAT or appropriate forum should take action against erroneous parties. Some DPOs opined that onus of audit should not lie with broadcasters and suggested that TRAI can publish a list of authorized auditors who can be approached by DPOs to get its CAS and SMS independently verified. Some DPOs commented that broadcaster should be mandated to complete audit within 15 days else issue IRDs after signing the interconnect agreement within next 15 days. An MSO and an LCO association stated that if a platform is inspected by BECIL/authorized agency, then no Objectionsshould be raised however, if no such inspection-Is done, broadcasters should audit in 30 days. Taking into account of the suggestions and concerns of the 'stakeholders certain clauses were proposed in the draft Interconnection Regulations, 2016., 104. In response to the draft Interconnection Regulations, 2016, broadcaster association stated that the broadcaster should be given the right to conduct the audit of the technical systems of DPOs through its own technical team; BECIL or empanelled auditor may be appointed only in case of dispute between the parties. They have argued that DPOs can take advantage and tamper with the systems later on the pretext that there systems are audited by BECIL and in terms .of draft regulations the same cannot be challenged by broadcaster since it is valid for a period of one year. Some broadcasters commented that Audits should be conducted quarterly and not limited to once a' year, to bring in 0% discrepancy and transparency in the system. While another broadcaster submitted that lst Audit should be conducted in presence of broadcaster representative by an, Audit' finn decided by IBF or any broadcaster industry . body. 105. The Audit of the systems of DPO is necessary to ensure that the systems deployed by a DPO are addressable as per the regulatory requirement. To ensure that the audit does n~t delay the process of getting signals of TV channels, it is desirable that the DPO ensures that the addr~ssable system installed by it meets the requirements specified in regulations. It is also important that the broadcaster assure itself that the addressable systems of the DPO meet the minimum requirement as specified in the regulatory framework. In order to balance the requirements of broadcasters and DPOs, the Authority is of the view that the onus of carrying out audit should lie with the broadcaster, however, to ensure that the audit should not delay the process of providing of signals of TV channels, a mechanism needs to be devised. Accordingly, suitable provisions have been brought in these regulations. These are explained in the following paragraph. 106. To speed up the process of auditing, the Authority has decided that it may specify a panel of auditors from which broadcasters may choose anyone. Once a distribution system is audited and certified by an empanelled auditor, it is only logical that other broadcasters will also have to accept the same for at least Page 100 of no ~: :~ :'":~;:":: :-'~",:,:".;:""::"":.:;:-.:-,"'~;:!';:~m:.~l'l:~;:"'.~:":., r.;.~-:;: ,.: : :r:.:-;::~.;:'7.':c:,!(.!~~:o;;~::~:·,~;r~}l~1!r,:~arr.~.!;r~:·'<.:·:~~A·U::'~I:;':$;.ill:<""'l:~ ....."": ::r.::,,~;.:"!<:.:":-:::...~ ••.•Z::~,:.::l".,,~,'!.'.:.:'!\'"': '~ :':'!~.~,:.-,"i.~,~"t... !·....;":':.1";.~ ..,.... f.~,''''!:~,,:ro!.~,~!.:~,:~:,,~~~~I'!::.,~~~,.~PO as well as to the LCOsconnected to the OPO. The service charges need to be settled on work done principle. However, the distribution of responsibilities and costs of maintaining the distribution networks, of DPOs as wel1 as LCOs, vary on case to case basis. The sources of revenue and associated expenses of OPOsalso vary on case to case basis. Keeping in vie:-v thesedissimilarities and thetransparency inbuilt intothe addressable systems, the Authority is of the'view that OPO and LCO settlethe service charges, basedon mutual discussions. To protect the interest of service providers and to ensure that signals are not disrupted due to dispute between the service providers, the Authority has prescribed a fal1 back arrangement between OPO and LCO, only for cases where the mutual discussions fail between OPO and LCO; and still they want to continue theirrelationship. 121. The LCO in the value chain provides last mile connectivity to subscribers and he should be able to recover the expenses incurred and earn a reasonable, amount of profit. The argument of an LCO that the complete network --- ,-- specification as per the requirements under the regulations. !'A0reover allowing audit of addressable systems will help in confidence building measure in the value chain, Therefore, a mechanism is required to be put in place for audit of such addressable systems. The Authority is of the view that if a OPO gets its system audited from an auditor for the purpose of verifying subscription reports and sends these reports to the broadcasters then the problem of multiple audits can be solved significantly. This will also reduce the burden on the broadcasters and OPOs. The concerns of some broadcasters that after initial audit, a DPO's system may not remain compliant with the technical specification and therefore, the right of audit should be given to the broadcaster has been considered by the authority. It has been provided that if a broadcaster it is not satisfied with the audit report received or, if in the opinion of a broadcaster the addressable system being used by the distributor'_does not meet technical requirements specified in Scbedule nl then the broadcaster may, after communicating the reasons of dissatisfaction in writing to the DPO not more than once in a calendar year, audit the SMS, CAS and other related system of the DPOs. The provisions of.this regulation provide 'a level playing field to all the stakeholders and also help in reducing burden and litigations. As far as, allowing discrepancies of 0.5% is concerned, it is noted that such variation may happen due to system limitations resulting in a difference between the actual number of subscribers and reported subscriptions on some occasions. Therefore, revising invoice would delay the payment settlements. However, the stakeholders should undertake utmost care that such discrepancies should not occur on regular basis. On the suggestion of the broadcaster regarding penalty, it has been provided that a broadcaster may levy interest on the payable amount and if such amount including interest exceeds by 2 % then the DPO shall be bear the broadcaster's audit expenses. The Authority has at this stage not specified any further penalty as such discrepancy needs case to case examination and proof of evidence in the appropriate forum. ", .... :~ . -, ~: Disconnection of Signals of TV Channels 132. --- :;: Pi ","\ ".", .=:.: :~: ",I Disconnection of signals of TV channels is one of the issues, where the interest of conswners also needs to be safeguarded along with that of the broadcasters and DPOs. In the past instances have been observed where, due to dispute between the service providers, signals by a broadcaster or DPO are cut off, leaving consumers in the lurch. The Interconnection Regulations 2004, as well as the Interconnection Regulation 2012, had a provision where the service providers were mandated to give a prior written notice of 3 weeks to the concerned service provider before disconnection of signals of TV channels. Further in these regulations a provision was also available which mandates service providers to publish information regarding disconnection of TV channels through News papers. The requirement of publication of information regarding disconnection in the News papers was removed in the draft regulations 2016,as such notifications in local/regional newspaper often go unnoticed by the-targeted subscribers due to their limited reach. Further, while retaining the notice period of 21 days to the service providers, the requirement of publication through scrolls on the concern channel was proposed to protect the interest of consumers 133. In response, an MSO opined that the compulsory provision of publication of notice in the news papers should be continued as was mandated in the past regulations. He argued that in event of proposed disconnection, the broadcasterslMSOs may send a normal communication - to the MSOslLCOs respectively which may result in surprise disconnection of channel. A broadcaster commented that for intimating subscribers regarding non-availability of channels on the platform, DPOs should not be allowed to run scrolls on broadcaster's channels; but the scrolls should be allowed to ron only on DPO's home channels. 134. Broadcasting industry is a consumer centric industry: In no case, a consumer, who has not defaulted, should bear the brunt of the disputes or non-agreements between the service providers. The Authority observed that it is necessary to protect the interests of consumers as well as service providers in the event of disconnection of signals of TV channels due to any reason. Therefore, the time of three weeks Page 106 of no ' 12) ~S.~I provided in the erstwhile regulation has been retained in these regulations. This period will allow the affected parties to look for possible solutions to prevent disconnection. On the suggestion of continuance of the publication of information regarding disconnection through news papers, the Authority is of the view that the mandate of publication of news paper notice increases burden on the service providers without much impact on the consumers as such notifications in local/regional newspaper often go unnoticed by the targeted subscribers due to their limited reach, On the aspect of running scrolls about the disconnection of channel it is mentioned that such communication is more effective to protect the interest of:tlonsumers. Therefore the Authority is of the view that it would be the responsibility of DPO to inform the subscriber IS days prior to the date of disconnection through scrolls on concerned channels. To ensure that such scrolls or information do not hamper the viewing experience of the subscriber or obstruct normal viewing of the channel, any display of information in form of static images overlaid on the television screen has been prohibited. .:: :.~ ;.: ,', ',", .:::". ','t ".. ~i: Listing of Channels in Electronic Programme Guide 135. In addressable systems, the technology provides for a Electronic Program Guide (EPG) wherein the channels being carried on the OPO's network can be arranged in a simRle easy to understand manner so that the subscriber can easily go through this guide and select the channel of choice instead of flipping through all the channels. The EPG also assigns a channel number rc each TV channel available on the platform, In the drafi Interconnection Regulations, 2016, it was proposed that every DPO should assign a channel number for each television' channel distributed by him-in such a way that the TV channels of same genre are placed together consecutively and one channel appear at one place only. Further, it was proposed that the number assigned to a television channel shall not be altered by the distributor for a period ofat least one year from the date of such assignment. 136. In response, most of the broadcasters stated that channels should be listed in the EPG as per the last 12 months average of Broadcast Audience Research Council (BARC) rating. They opined that channels with higher ratings should be placed at the top of LCNs (Logical Channel Number) allocated to a particular genre of channels and this exercise can be repeated annually. A news broadcaster suggested that there should be sub-categorization within genre like Hindi, English, Business channel, Regional etc. While another news broadcasters commented that after new Regulations come into effect status quo' should be maintained for LCNs allotted channels and DPOs should not be allowed to change LCNs, unless the overall genre series is changed, and even then, the sequential position of the channel should remain the same in that genre while any new additions should be in the chronological order in that genre. 137. Some OPOs stated that in the cases of disconnection of TV channels for any reason, DPO should not be obligated to provide the same channel number again to the broadcaster if the channel comes back again on the platform. One DPO stated that the period mandated for assignment of channel number should be reduced from I year to 6 months. 138. The issue of genre classification was well 'articulated ill 'the consultation paper titled as "Tariff Issues related to TV Services". In the draft Tariff Order, seven genres were proposed and complete freedom was given to the broadcaster to classify their channels in any of the proposed genre. In terms of these regulations, the OPOs have been mandated to place the channels in the genre so declared by the broadcasters. There are around 800 TV channels in the country. If every broadcaster is allowed to create its own genre then there would be an unmanageably large number of genres which would cause great hardship and inconvenience to the consumers as it would benext to impossible for a consumer to scroll through EPG having lot of genres on their TV sets. Thus the Proposal.to.allow broadcasters to create their own genres will be impracticable. Therefore the Authority hils mandated that the broadcasters should' declare the genre of its channel in any of the specified eight genres. To provide the flexibility to the broadcasters, miscellaneous genre has also been specified, '. Page 107 ofl10 .• :.,.:.:", : " ••~~.~;.,.~.~ ::.;.:.:.:e,:.~•••- :. '::'" :.:•. ,~ !.! ~.;:." •• , .', 139. Proper listing of channels in the EPG helps the subscribers in selecting the channel for the purpose of viewing. If the channels are listed on the basis of Television Rating Point (TRP) then it may cause change in the position of the channels from time to time based on the television rating point which will create annoyance to the subscribers who generally remembers the position of the channel in the EPG under a genre. Therefore, the listingof channel'on the basis of TRP is not being mandated and it is left open to the distributor todecide listingof channels withinthe prescribed framework. The Authority is in agreement with the views of some of the stakeholders that sub-categorisation will help the consumerin selecting the channel of its choice for viewing and therefore the Authority has mandated the PPO to place channels in the EPG, in such a way that the TV channels of same genre, as declared by the broadcaster, are placed together consecutively and all TV channels of same language within the same genreshall appeartogether consecutively in the electronic programme guide. 140. The consumer generally remembers the channel numberand enters the channel numberon his remotefor viewing that channel. Frequent changes in the channel number assigned to a particular channel causes inconvenience to the subscribers, It has also been observed that many broadcasters advertise their TV channel to consumers along with the number assigned to it on the. network of a particular OPO. The broadcaster also faces difficulty if the channel numberis changedfrequently. Thereforethe Authority is of the view that the 6 months time may not be sufficient and therefore the DPOs havebeen mandated not to alter the channel numbers for at least one year from the date of such assignment. However, the Authority is in agreement of the viewof some stakeholders that if the channel becomes unavailable due to any reason or there is a change in the genre of the channelby a broadcaster then the channel number assigned to a particular television channel can be changed to place such channelwith the channelsof new genrein theEPG. Accordingly, suitable provisions havebeen madein theseregulations. 141. Regarding the stakeholder's suggestion to mandate DPOs to maintain statusquo for leN allotted after coming into effect of new regulations. The suggestion is not tenable as availability and its nature of channel in the DPOsplatformmay vary in the lightof new framework. ' "] Reporting of Detailsof Service Providers 142. In broadcasting and cable TV sector, the number of service providers namely broadcasters, MSOs, LCOs,DTHoperators, mTS operators and IPTVoperators are very large. The information availability at a single place by use of ICTwould help service providers to know the available service providers in a particular area and would provide ease of doing business in terms of entering into interconnection agreement. This would also help the Authority to monitor the compliance of the regulation bringing muchneededdiscipline in the marketwhichmay take the sectoron a sustainable growthpath. In the draft Interconnection Regulations 2016, a provision was made regarding reporting of details by the service providers. The stakeholders, in their response, havelargelysupported this requirement. 143. Accordingly, in these regulations the service providers havebeen mandated to reporttheir detailssuch as name,address, contactnumber, e-mailaddress and license/ permission! registration issued by the Central Government on the website to be specified by the Authority. Further, it has been provided that the service providers shall verify, fromthe website that the otherservice providerseekinginterconnection for providing signalsof TV channels or access to the network, as the case may be, has reported its detailson the website. However, for removal of any doubt it is clarified that mereproviding the information on the website would not give any service providers the right to carry out such business unless such permission!approvaVlicenceiregistration has been obtained from the Government under relevant policy /guidelines:. Designating a Compliance Officer . Page 108 of110 ' .. c,., .' 144. In order to fulfil the. objective of regulatory framework, it is important that the reporting requirements specified under the regulations are complied by the service provider in letter and spirit. Therefore, in the draft Interconnection Regulation, 2016 it was proposed that every pay broadcaster and DPO shall appoint a compliance officer however, it was not mandatory for the DPOs having average subscriber base over preceding calendar quarter less than 2 lakh. In response, one broadcaster stated that the limit of subscriber base should be reduced from 2 lakh to 50 thousand. and compliance officer should be appointed in every target market. The MSO's association stated that the time period given for appointment of compliance officer should be increased from 30 days to 60 days and in event of any change the time period of 10 days as provided in the draft regulation is less because re-appointment of persons takes time. 145. The objective of regulatory framework can be fulfilled only if'the compliance level of!!l the service providers is good.'·It is therefore v~ry important that the provisions of these regulations and requisite reports prescribed in the regulations and' tariff orders are provided to the Authority. Therefore, the provisions have been made in these regulations that ~ broadcaster and DPO shall designate a compliance officer irrespective of nature of their .offerings and size of their operations. Further, if the broadcaster or DPO is a company theni t has been prescribed that the compliance officer should be designated by the board of directors or'the company. Whereas, ifthe DPO is an individual or a partnership firm or an association of individuals then the broadcaster or DPO should furnish the authorisation letter signed by all the partners or' the head of the association, as the case may be, authorising such compliance officer. On the suggestion of some of the stakeholders regarding increase in time period for designating a compliance officer the Authority agrees that sufficient time should be given to the service providers so that they can take approval for designation of compliance officer and report the details to the Authority. Accordingly, it has been provided in these regulations that the designation of compliance officer shall be done within 30 days of commencement of the regulations and after such designation the details of the compliance officer shall be communicated to the Authority within 30 days. Further, any change in the name of the compliance officer shall be communicated to the Authority within 10 days from the date of occurrence of such change. 146. With the Gazette notification of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 20i7, the. Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 and the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017, the Authority has made a comprehensive and common regulatory framework applicable for all types of addressable systems. Therefore, the Interconnection Regulation, 2012, applicable for Digital Addressable Cable TV Systems, along with all its amendments and directions issued there under has been repealed. The Interconnection Regulations, 2004 which were applicable for non addressable systems as well-as addressable systems' such as IPTV, DTH and HITS except DAS has been repealed to the extent they are applicable to addressable systems. The provisions relating to analog systems shall continue to be governed by the Interconnection Regulations, 2004. All the existing interconnection agreements for providing services through addressable systems have to be either necessarily modified or entered as a fresh agreement in compliance with the provisions of the Telecommunication (Broadcasting and Cablli) Services Interconnection (Addressable Systems) Regulations, 2017. . . .,', Commencement of the Regulations and New Interconnection Agreements. 147. These regulations shall come into effect immediately on the date of their publication in the Official Gazette. The Authority is aware that, as on the date of coming in to effect of these regulations, there would be large numbers of existing interconnection agreements in place, which have already been Page 109of 110 .... :......: .:,:.~. ': entered into by the service providers based upon the framework of earlier interconnection regulations. Therefore to protect the interests of consumers as well as service providers and to enable a smooth transition from the earlier regulatory framework to the new one, the Authority has provided a time of 150 days from the date of commencement of these regulations to either renew or amend all the existing interconnection agreements in compliance with the provisions of the regulations and the tariff orders notified by the Authority. The service providers are advised to modify their existing interconnection agreements wel1 in advance before the time period of 150 days al1owed, so as to avoid the sudden disconnection of signals or to avoid the risk of violating the regulations. Situation may also arise that some existing agreements may be expiring before the said cut-off date, though they were valid as on the date of commencement of these regulations. Therefore, the service providers have been permitted to renew such existing agreements so as to extend the validity of such agreement till the cut-off date. It is clarified that no new interconnection agreement shall come within the purview of such savings. All the new interconnection agreements have to be signed on the basis of these regulations. **End of the Document" .'..... ? '.: " '.' ' Page 110 of 110 :~ .. ~: -v-. -, _-. .....----;-_.,--._---_.. --~_ -,~-~- r "18.. f ANNE'< 'ie".. P-1l!.~~ . ,.,. :>: " " :· I• · '? .;".;,;,-~ - .. .• BROADCAST AUDIENCE March 2017 RESEARCH COUNCIl. . INDIA .. '.' rmnl' =-T' eft MlrmU CODE OF CONDUCT FOR.REDRESSING VIEWERSHIP MALPRACTICES IntroductiOn Broadcast Audience Research Council (BARe) is an industry body established to design, cornmtsston, supervise and own an accurate, reliable and timely television audience measurement rating system (Ratings) for lndta, which can be utilized by . broadcasters, advertisers, and advertising and media agencies who have entered lnto end user license agreements (EULA) with' BARC (collectively referred to as CIS Ubscn'bers ") 'VWW,·l'. 1!nK\!_ltill"_.':C f1...".'O.... !t·t ~J,ii'JBj].~I",U~i\-~.·"'·7JI'~r.;,'j,\I:;;h';;,··';1 'f".. " • !"~'. • ; . ' Il~Jtl=~'I!IL~.lii'liB.J[$l!\l~a&.., bQ·~:\'Ib'II'I.Il~·~·Il\':.l:ili!lI~~,I~.-rDl;Wi';il~"~'1:I\'ill.Kr~"IlI!)~fl{2tlm'f~· ,~biWi}Si"_'1 .. . , " " " Currently BARe is the world's largest such television viewing measurement system, measuring urban and rural television viewing behavior. BARC has a panel size of one lac individua~s. Objective . .?: . BARe is .cornrnitted to providing a Rating system that is fair and transparent, free of any influences arid malpracttces. BARC and its stakeholders, the Indian Broadcasting Foundation (IBF), ·..'the, Indian society of Advertisers, and the Advertising Age()Cie~ .Assoctatton 'Of India .(AAAI), ~~MlW'~~ .~l'.?".i~~":' .. :~:.,.'I'f.(l1.' ..~\'?!l ~!o'~.·f .,. ". ~ 'j ~ ~!i.'. : "':~ l \'. '~~m. I"; Itr,l\(t)'/'.'l,~~""Jiii~l1;l"~;:~/iR'~~l\l't~1Illimp!!l";:;~I;;r,;j!Ii4I~;;o'\lii~~i5,~jli1:lilr;iJ.nJGlDl!ii~ti:;.tii1r1ciiC!·t.oM.·:' ~~lI~~I' ,~~ ':·t _ _ J:!5j,~~"f!;t;.· ,,", . ,' "'J " . " , ".•, '.,... ' '. ' • " , ..... ,. ..., ' , " ! - ,,'. r .• . '=~\wii{I!i8~:,:,g£f,:i!ililf'§"~~~,;(~~;"""l'ttl'l" '" Si'&"\!1!~!!!!--~~!!!~~Aj,l~tll1,~:' lR''''"'/!r'i!l\~l'.1FJff! ~~, Panel households form the-core 'Of BARC's Rating system. Panel Households mean persons ih seleCted households within the Republic of lndia, who are used as the ~ ft>4 'p ''tt = 'CAl .. , " . " , . ·: BROADCAST AUDIENCE RESEARCH COUNCIL INDIA ' .,: __ ~ March 2017 ~_I~" . li'mIN1IlIJilKtIl!~1IiIP' - ....tp;"m.,hI7=?"'~........ 'M"="""f~""7RI reference audience for the purpose of BARe's audiovisual audience measurement services, and whose house will be equipped with one or more meters (BAROmeters). In Order to offer a level, playing fi~l~ to all the Su$sCribers, and for providing them with fair Ratings, (I.lilf'~~ i ;"r' "'?" "'"/", ~,,~;~ •,., ·"·!~~ii.WIiIJjp.JL.l"€@1 .Iie_. 1m) ~iIt;1f1 • _ MiIlIIJl;f$8 ~lU I i I'ltII ~ iPAq~ (/if.iE' ~W.b· _iIJ) •• ~lI· Vjewership Malpractise(s) ! "Viewership Malpractise(s)" shall include any activity which is undertaken by any person, whether directly', or indirectly, with the aim of manipulating (i) the viewership pattern/habits Of aPanet Household, or .(ii) altering the viewership data, whith does or may result in altering the Ratings of a particular television channel or televiston programme Or advertisement in .a manner which is in breach Of the EULA. Some examples of activities that amount to breach are: I ' a. Attempt to and/or obtain details of the Panel Households, like address, member names etc. ~. Attempt,~O and/~r bribe/influence a PenelHousehold to watch or not watch a parttcutar televiston prOgraMme or Channel; " c. Attempt to and/Or ,I:>ribe any Of the staff appointed by BARC or its agents Or any Other entity itl possessionof any:' data' relating to Panel Households or Ratings. Vigilance, teams . " . . . . . . . . . . . . . ._w:'~.P.~gp~iIJ;lag, " . .. -T?'~ .','' ..... ------_._-----~--- . _-----,.... -~-_= },c -, ~. " , , ::: " ' BROADCAST AUDIJ;NCE .. March 2017 RESEARCH COUNCIL ,', INDIA :.: ~~: ,', IPS rrpjM - ......... ..",,= m..,.".,..,.;r=,' y===-r '==0. . . . 0.'" sc. C; D3QVZ"ty,- BARt Disciplinary Council BAFtc ha~ constituted a 1J§'jjtll,l...~ to address concerns and investigate Viewership Malpractices. " The BARC Discitllihary Council shall be::a six (6) Member body consisting ot .a Chairperson and 5 other Members. The Chairperson and the Members will be appointed by BARC Board:by a rnajortty .dectsion. . '. Constjtution Of the Disciplinary Council: i.. Chairperson-Retd, Judge of the Supreme Court or of a High Court [Justice Mr. MiJkul Mudgal] , '. ii. One Representatives from themdtan Broadcasting Foundatton. iii. One Representative from the Indian Society of Advertisers iv, One Representative from the Advertising Agencies Association of India . ' • .0" .v, One person who is well versed in the field of technology, broadcasting and the working of BARC vi. One person who has held a senior position not below the rank o! Cornmtsstoner Or equivalent in enforcement authOrities such as Polite or Cal Terms and Condjtioos of Disciplinary Council [DC]=' i. The Chairperson and other Members, excepting IBF, ISA, MAl Members (StakehOlder Membe~s), shall hold office for a period of three (3) years. However, the term df IBF, 'ISA, 'AAAI Members shall be, two (2) years. ., , " '. BROADCAST AUDIENCE RESEARCH COUNCIL INDIA· March 2017 Meetings of the Disciplinary Council [OC]: t, The DC shall ordinariLy meet 'once in a month or at any other frequency as required but the Chairperson may at any time call an extraordinary meeting, if he considers it necessary to do so. ii. Meetings of the Board shall ordinarily be held at'BARC's office in Mumbai. iii. Meetings can ~e conducted' by' video conferencing or any other suitable method. " ' Quorum: At every meeting of the DC, four members including the Chairperson shall form a quorum. President of the DC Meetings of the DC shatlbe presided over by the Chairperson or in his absence by a member elected by the members present from among themseLves• .. _ _ _ _ _ _ _ _• .... me' n M"~!ln 1~~ =- ~.......m SG'. e--" - iii ~ ;~ :;~:~ ...:_~ .. ,.<~ ... e~J ...~ ....,!'I1",;;;.,.,... ••. j~'-"... • . "I'll.JL~· ••t.,..,.._-,"C'.··.:7 ...,,.,.,.:,."""'.J,,0:.·.,0"'.·.·.7:":" • .'''7:'j,·... \.~.;::v·.v{''''~:':::7' ..,..•:;::::I·.·~ml.~..rr. .:·..;.;.,·.·m, ....7.":.,.·.~, .» ,.~ -,» t~ • .'I!"".""'''.~."'!'!'I_ ;;!"'i . .'':'''l.j~ ..•.•""., .•. "T: ....:"":', ... "" .....,"" ... '~'.,""" ...7."'.,.'0""'~~==~':7""T ..' "J">.~ I ... ". ,_.' ..• Ii~.,'; ". " .. ' W:' .. ..,...,,,.,.........,=,.,.......,.---:-~..,-.-,.,'.. .'S ..~' .', . ",::- . " ' ---_ _-.---- .. .'. " ~ ,; .'. . II BROADCAST .AUDIENCE March 2017 RESEARCH COUNCIL INDIA '.' .. ...., _mana =en ezrwrN'MF+M.... Decision to be decided by majority of Votes .=maGI =_ .. ..."."..,0.., Every decision before' the DC shall be decided by a majority of votes and in the case of equalityof votes, the Chairperson or the member elected to preside, as the case may be, shall have a second or casting vote. .;.; " M.mffiilUfl_WWiWBjilUOOin the activities Of any Subscriber where BA~C reasonably believes that there may have been a Viewership Malpractise, including violation of the EULA, or policies of BARC. Investigation bv BARe's vigilance team (Secretariat): a. UPOh observing sustained abnormal. viewership data recorded bythe Barometers at ~anel HOusel'lolds by the Vigil~nce team or upon receipt of a complaint regardil"lg ViewersHip M~lpractise, the Vigilance team shall examine the complaint and any.information received i/'l relation thereto and conduct a prettminary enquiry to ascertain whether a prima facie case is made Out in the complaint. b. The Vigilance team may also call upon the subscriber for providing tnforrnation and/or such details to ascertain thE1 veracity of the complaint. Should a prima facie case be made out, the Vigil?lnce tearn shall initiate detailed investigation, including examining data COllected .by BARe, 'whidi reveals any abnormal change in the Ratings Or viewership ot.a Subscriber. .' • f'Y\'\~~ • <' , " , . ....... \ '.',,... , ., . \~ , . -'" . :: . .." . BROADCAST' AUDIENCE RESEARCH' COUNCIL INDIA _ _ _ _ _ _ _ _... .~ ,... ..:..- ' :.- .,.. '; . ! . March 2017 ... ~ ... . . ~. ._"""!"'_. . . . . . . 'a-·.........,.,.iI1.' ... ..... ·_ . .· .'lIIa. . .IliIaI..· _........ -_ wJ _ , ==-. c. Should the Vigilance Team/Secretariat be prima facie satisfied that.a Viewership Malpractisei including 'violation' of 'the EULA, or the policies of BARC has been committed, the Vigilance, team shall submit a report of its findings to the Disciplinary ,-CouncH atongwith the supporting documents and records ("Report"). Procedure tC> be followed by the Disciplinary Council: a. The Dtscfplinary Council shalt review the Report, and all supporting documents, and take into account the exptanatton 'given by the relevant Subscriber, after which it may, at its dtscretion, ','seek further information, includin'g trorn the relevant Subscriber, and conctude whether' or not it agrees with the Report. . b. The Disciplinary Council will have the right to request the Vigilance team to reassess any aspects of the-complaint as it deems necessary; .. " .. ", . ' t. ;. '/ "".... . • '';'' The Disciplinary Council may 'also callupon the Subscriber tor a personal hearing. d. Tne relevant Subscriber shall have a period of seven days to submit its response to the Disciplinary COunt'il, and stipulate whether they want to be heard by the Disciplinary Council. .. ,e. UpOn receipt of the response and, if requested, after ali opportunity tor a hearing is given by the Disciplinary Council to the relevant Subscriber, if the Disciplinary Council is satisfied that Viewership Malpractise has taken place, the Disciplinary Council will ~ec~de on the action to be taken against the relevant ...··.· . . l~~ :: ::; "~ " '.' -.~.-"--'---- .;.--- --- - _._.~.,' --_.__ .... -_._.- .' j' II ,--~_., BROADCAST' AUDIENCE' RESEARCH COUNCIL March 2017 INDIA Subscriber and communicate the 'same~' in writingj The DisCiplinary Council can initiate any of the following actions: 1. , me' ~1:~_.~DJIh~j!!Y~,t, "'~.i&.'OOMI~iItm~"jRNIDtt~..ti5 f. AU' meetlngs shall be adequately documented for record purposes. All orders shall be comrnuntcated in writing and shall be published in the website of BARC except i'1 the case of First Offense. g. ,Confidentiality: All information relating to the complaint, respondent, minutes of meetings shall' be kept confidential and all proceedings, hearings and final order shall bedocumented. " , • em- ...... - "WOP' i • . . . ',,,.' h ... '}... h .." . , Dr . . . . . . - : . ; ' """'""""<"",,,,~,~ =_ _ ., , " ': .. Key Oifferentlators• BARe India . BROADCAST AUDIENCE RESEARCH I COUNCIL INDIA .'. «» HOME WHOWEARE SUSSCR/BE CONNECT WHATWEoO RESOURCES NEW? CENTER WEEKLY DATA \.: .. ~ ;.,' ,..; '.;. A r'lum~er of factors distinguish the BARe Indiaratingsystem. 1. Transparency BARC India follows the Ministry of Information & Broadcasting's . notification with regardto: sample size: The minimur\, 'panel size is 20,b.Oq reporting homes, aM this number will rise by 10,000 homes'every year until it reaches 50,000 . reporting . . panel homes. . ", ' Ownership: No broadcasting or advertising company will be allOwed to holdmorethan 10% of BARe's shares. Audit: WesUl)jeet Ourselves to both external and.internal audit. 2. Adval'lced watermarking tec~nology aARC IMfa uses anadvanced. audience measurement technique audio watermarking, tp track content through Its broadcast cycle. This is a code inserted Into the alidio channel of the television SigMI which transmits through the distribution platforms and cannot be, either deleted or overwritten in the cryptographic family it adopts, This increases the integrity and reliability of the datagenerated by BARC India's ratings, , ~ . . 3, Includes rural hOuseholds In sample It'l the first round, about 30% of the sample comprises rural,: ..' ..... '. . ~ .. ; .: . ':. . households, at anali-Indialevel. 4. Cbthprehensive reporting .. BA~C India's system reports-the foll.owii'lg also; ',',' -;.,:" '., ',' . \: ',., -r. . TiMe shifted viewing:. Metrics of prcgrarnsthat are recorded and . vlewed later, We observe VOSDAL+7, Le, Viewed 011 Same Dayas Live + '7 Clays after. .... SimulCast viewing: Oetails Ofprograms broadcast simultaneously on more than Me Channels - vlewershlp of every individual channel can bereliablytracked. .... . '. . Viewin~ as per the New SEC (NCCS): Details as per the new Classiflcatidn based 00 the! educatidn ot" ChiefWage EarnerOfthe family and the number of. 'C/urables owned by'the home from a predelined Jist Of11durables, S. Advanced BAR·O-meters The BAR·O-meters we place in our metered homes are compact i~ httP,/lwww.blfClndis.eo.lil!ksy-dilferentlators.ISPx " .', 14 " . .'. s.' ".' .,.i.I.·,••'I, ••'.'! ...• .' v 'J." -,\.: .. ·,~.v,~,.)\1~ ..·.n,.!•.• ·.!~~".-: .. ' .•....•.' ', .. ,' 4.j~ " " " •• ,_:. _ •..•• , .~ Psge' 012 '.'•••.,••. .'...,·."••••~.1 ••.•• _. . • . . . • • . , -.;: l:: ~""' -,', "l.I;';l .. ~ .•••: - - ...,.",..."..", ''0' ----;-L------- Key Dlffererlt/etar. - BARe India ahd use the latest technology. They have a 3rd-generatiori OLEO display (being more easily visible, this facilitates Interaction between the viewer and the bar-o-meter) and an embedded SIM to automatically upload viewing data (tie-ups with leading GSM operators ensure wide coverage)" As they are Indigenously manufactured, thev cost almost one-. sIxth the price of imported meters. whIch lets us deploy a.lot more of them to measure viewership. ' ':;/ il d':; 6. Platform agnostic The BARC India system captures data about TV content consumed through any form of distribution - Terrestrial, DTH , Analog Cable, Digital Cable and Digital. ',' : .," ~ " ,', ,>', 7. :'; .cQtn~ BARCIndia has an audit mechanism. in place to ensure its internal processesand Govt guidelines are being followed. ::': ". .' Sitemap ,~ .' /!~ soorrv or T,f1f IMll,\N. ADVE~TISt~$,\ I, II ,:,,'~ AlIVE&ml!'G Aolal,., t• . .,' •• 'f- .. ~ '- :.;.~.~ . ~.. -. ;..oo!" -- . . • -> ". ". BROADCAST AUDIENCE RESEARCH COUNCIl. . INDIA March 2Q17 -------_._--------_.._--_.__......._.._------II ..,* .... ... . M."~-"; POLICY. FQRGENRE CLASSIFICATION OF TELEVISION CHANNELS (AMENDEDl " BackgrOund ' Trle specific context mix aired by a TV Station is a matter of its internal policy and stratbgy, and is often a dynamic decision. taken by broadcasters. The 'presence of multiple genres across various language .:markets'in '~he Indian brqadtast industry however presents challenges in pubttc reporting of viewership data by genre, and therefore calls for defining a transparent and l~gical"standard basis :whic.11 TV Channels can be into specific Genres. I Tl'te need for such a ~tand.ard. is felt all the more so when TV Channels telecast significant durations Of cross-genre programming to engage and retain their audiences. FOr example, so the movie channels have opted to telecast significant duration of , Music/Sport C6l'ltent. General Entertainment Channels telecast MOVies, and Music Channels run Fiction/Non Fiction serials etc. Since BARC India publishes weekly. top channel lists grouped by genre, it is importar1t to make media industry aware of the policy basis Which Channels have been classified under s~~cific Genres. This document outlines this policy. P6licy for Classifyiflg C/'lannel Genre . The C!'lannel Genre Classification has been formulated basis duration of 'Program Theme' . telecast iii an average week (()6:00 Hrs, - i6:00 Hrs.) for a given quarter. Chann'e( Genres' will b~ reviewed everY six months-vtz., in july and January basis the content theme and market viewershlp of the preceding six months. '01· ... =' .......... :';. ':;: i;L"",,,,,,,,,,,,:,",, ,,,.: '.m., .~: ••>;,.' !i .'! .. :.:.:: ".".•..!"j } . u'.'~;:{. .: ..:.:. :.:- ..'"•. -: : ,.".", :.",. J•••:o-, ~' •. :: .. : .. ' ;.:. -:..•.•" :: •.••.;: .. ·;:;·:~: ·:·; ',::-·.;·:l,;.w.• l:-::..., ., .': .: .. ;.;. •• :;'.,:,:(':1<,:';: .. '. . ...:'., ' .. ... ~ " r , " -r···11······· . ·,···:., · · ,# ~ ., ." ,,' "':.-.... . l' ~.:;~ ." -: ~.j ;~ :~ '.' -: •• 1111 BROADCAST AUDIENCE RESEARCH COUNCIL INDIA .:;: .' . ' . March 2017 rrnn ,,' mm T6 maintain consistency of Tv Channel Genre across the year, the mix of program theme and duration have been judiciously determined. Below .are the guidelines that determineeach of the TV Channel Genres. ,': News More than 60.% of the TV Channel content for a given week averaged across a calendar quarter from 6.:00. Hrs. - 26:00 , Hrs. should be News, Talk Shows, Interviews. . " , nenn • _'n 2 ." ~. ,. pn, , , _.....,-_.. -- __._-..- ....._.... . ---_.. ----_.. - . . . -. " '~fI' -::~.- ~: .e '.' - J, .'.:. . .~.,..: . ~., ,,- .. ,.' ~:. •• 1111 :.; ~ ': ::: BROADCAST RESEAR~H COUNCIL INDIA - I Lifestyle q ,,''''p.'' d', *&I:IftA*..............', .==-.wu-,.a More than 60% of the TV Channel content for a given weekaveraged across a calendar quarter from 6:00 Hrs. - 26:00 Hrs. should be Science/Education, History, Nature/wild, Art/Culture InfotainMent Genre March 2017 AUDIENCE Policy More than '60% 'of the TV Channel content for a given week averaged across a calendar quarter from 6:00 Hrs, - 26:00 Hrs. should be Beauty/Fashion, Cookery, Health/Fitne~"Travel ': Crite:rja for gr0l:/ping channels under categories published 0,., BARC India Web Site I M6bfle APR I Social Media platforms: . • Channels which' garner 70% or;higher viewership frO~.a single Reporting State/ State Group will not be reported on·Alll'i'ldia. • FOr any Channel to be reported on ALL India, the viewership would need to come from 6 Or more Reporting States/State Groups. • If the original telecast of aChanne.l is a regiOl'lallanguage, then it will be classifieqf as RegiOnal Channel. • The RepOrting Markedor Hi) Channels would be derived from.th'eir Standard .. , Definition Channel. Ir. 3 ~rt .. it: ::.'.; II : .'~: ~. .. .... ,' .... .' • • _.O.i'"'' , ~ .. p. . .t.. . .. .. ._ " ... (. . i'O ., .......) ••.c • .... .. ' ':; :.;::::;;,;:'.::,:: ".: "'.; -. ", ::. ~ t:~~{:::*<:j~~j:t;d:~~j~;~~.~~;;~!~;:~i;~;~;L::~;.~·Lr~;;; ~ ;::~.":i:r;.~~i;;::::~:::;;;::'~:;;;::~-;.~~~:~,~i~,~~::~.~~;;~:~;f.~~~~::~.:·;:;;;i,;;:::;;::~·;;~;;,;;- . . •.':':".,;.~.~.:.~, r: ·,~.·~·,~· ... ·.v,,;"'.'~:':' ":.;.... ,." ..' " ,....•.•.. ". ! ?J, ~ :! ;: ': . ' : -, " •._ . . l: :.:·,~ .., , ...;;::.7-;. BROADCAst AUDIENCE RESEARCH COUNCIL INDIA , --_....,;....,; .;~ ."..,.,. .... .• ' ~ March 2017 - --................ = _------,------_-...~ "'P'l'tt' U If any Channel changes its Programme Themes in between a particular quarter, the channel shall need to notify BARC India onhe relevant change. .' . Update - Jan 2017' ' Criteria for grouping Hfr'tdi Language, Channels under State/State Group/Market as published-on BARC India Web Site /Mobile App / Social Media platforms: AniOl'lg the various Hindi language channels available in lndta, some address entire HSM, while some are targeted towards sP~cidc markets/state groups. In order to better understand viewership trends within"genres, and markets, as' also for Clarity in data published 6Ii its website, and. mobile ap~,"BARC India has updated its "POLICY FOR GENRE CLASSIFICATION OF TELEVISION C/:iANN·e:L.S",'" " , The fOllOwing criteria have been added to the policy in Order to classify Hindi Language I Channels as per their target State/Market. Theclassification is arrived at basis share of a State/State Group/Market ,i~ a channel's total viewership. '. '; • If a single State/,~tate Group/Market contributes more than 50% to Viewership of a HiMi Language Channel, that channel will not be reported at HSM level. • If no 'slngle state/state Group/Market contributes more than 40% to viewership of a Hindi Language Channel,' that channel will be reported at HSM level • If a single State/State Group/Market contributes to between 40% and 50% to viewership of a Hindi Language Channel, and the 2 largestcontributing States/State Groups/Markets contribute to, more than 2/3rd Of trrat channel's viewership, it will ., not be reported at HSM level. NB: For the purpose of determining Single State/State Group/Market, Bihar 8: Jharkhand have been clubbed together, Same has been done for Madhya Pradesh 8: Chhattisgarh. ' .. -- • 4 :.:;, ~ ;~!. ~I\ !..\.!, .., .. :.i,.:.. I :, · . :, : ·; . ~:. , : .· , ·!•. ·?.."· .. ", •..\•. ·.·;·,,.!•.u '.'.J.~ ·.~",:, :•.•.. .:.:.,:.: •••l ..·.•••• ,.i),.: " :i•. :. ::.!". I, .•.•.•• ~r;";70' ~:.;-.:'l,.; O ---.,.~.,.,--..,..,.".~ -:.:;-0""'.";-.,""",,"",,,"","",..,..,"",.',·,,.,.,""".·1 ""'..,,...',..,,.'.=.::>."'=.•.'.'=.'.-rr», ' , ••:., •••• t. ",~,--,~ ~ .'::~ -'';..:-" '. \ ' -~;# .. . .. ' ~ -"" . :~ . '. BRDADCAST AUDIENCE RESEARCH CDUNCIL INDIA ENp USER LICENSE AGREEMENT This 'End User License Agreement made on this between: day of _~ 201--, by and BROADCAST AUDIENCE RESEARCH COUNCIL, .a company duly Incorporated under the Companies Act, 1956, having Its registered office at 61, Dr S S'Road, Rose Cottage, Parel (East), Mumbal 400 012, I'lereinafter referred to as "BARC" (which term shall,· unless 'repugnant to the context or meaning hereof, I:le deenieq ,to mean and include Its suCcesSors-In-Interest' an~ aSSigns) of the ONE PART; , AND ,, Companies , Is a company Incorporated under the ,Its registered office at (hereinafter referred to as "Subscriber" which expression shall unless It be repugnant to the context: or meaning thereof bedeemed to Mean and Iflclude Its successors-m-nterest.end permitted assigns) of the OTHER PART , 'Act~ , , " having 1956 I " • " " !, • .,.. • BARtand Subscriber are hereinafter referred to collectively as"Parties" and indlvidualJy as"Party". WHEREAS: , A. BARc is an organization whlcl'l- has been set up In India with the specific purpose of designing, cOmiTlissloning, supervising and owning India's television audience measurement system. Subscriber lsaware that BARC Isajoint industry bOdy comprising of Indian Broadcasting Federation (IBF), Advettlsing Agendes AssoCiation of India (AAAI) and Indian Society of Advertisers (ISA); " ' B. Subscriber Is inter alia, en!)aged In thE! business of ., t. _ Subscriber is aware of and acknclwledges BARes parameters fOr arriving at the Ucensed Data (as defined hereinafter) including the absolute discretion of reporting of Ratings of any channel, §~EM'tJ)~s~~ltWllJlK~~~~~~J1iI;iP1ii@I~~[~! 0~~tilt'~~gaImf~D~~fiRmiliRg~~;@g@'!'lJ; t@'ee_ _~~t~~~~f?JtSjlQ@1iil~WtWSfiQ.4.~;gn1tmn.~ \in.'ttDWliiQt),M!~lIi(mm~~ b, RelyU1g upon'the representations made by Subscriber, BARC is willing to provlde non-exclusive, non-transferable, non-subllcelisable Irmlted Ircense of its Services (Mentioned under this Broadcast Audience Research Council Rose Cottage, Next to CitiTower, 61,Dr S. S. Rao Road, Parel (E), Mumbai, 400012 india. T +912249226600 0 + 912249226611 F +91 224922 66(H www.barcindia.co.in '', . CIN NoU73100MH2010NPL265172 '1-J~ ~ ", .... .' :... " . :':. .. ' :-: )~ -. :.:~. -' . ~ .. .. .,. " .':.-"'" BROADCAST AUDIENCE RESEARCH COUNCIL INDIA 'Agreement) only forSubscr1ber's use (as agreed under thisAgreement) ontheterms and conditions more pattlcularly setout hereunder. 1. DEFINmONS For the purpose of thisAgreement thefollowing meanings shall be ascribed to the following words save and except where otherwise expressly specified: . ~'Affillates" i. mean, with respect to a Party, any Person at any time Controlling, Controlled by or under common Gontrol with such Party, Control, Controlling, or Controlled means the power to direct the management or policies of a Person, whether through the ownership of 50% or more of the votlhg power of such Person or through the power to appoint a majority of the members of the board of directors or similar governing body of such Person. Ii. . .':Agreement" shall mean this end user license agreement and any schedule(s), annexure(s) and Statemenfof Work(s) and Code of Conduct, and including any amendment(s) thereto forming part of thisAgreement; Iii. "Bar-a-meters" shall mean the audience viewership measurement tool which will be employed by BAAe to record theviewership data from the Panel HoUsehOlds based on theirviewership of the Channels; . lv, "Channel(s)" shall mean the a~alogue, if any, and/or satellite television channels owned and operated by the Subscriber andthe various other broadcasters, which are downllnked into the geographical territory ofIndia,asa part Qf Subscriber's or theotherbroadcaster's channel network. vi. "Confidential Informatlon"'shall mean the terms of this Agreement and any or all such nonpublic infOrtflatioh Which i~ dearly sta'ted, marked, identified or designated by either party to be proprietary or confidential i!lnd / or wt:iiCh, under the given circuinstances ought to be treated as confidentii!ll aM includes in~r alia,. the said Party's busIness policies or practices, busIness plans, dealings;. price lists 'orpricing structure, t~Mlcal data, employee data or officer's data, details of advertising revenues, findings, ideas, conceets, know - how, other non - generic InfOrmatlon whether tangible and / or Intangible, written and / or oral, relating tb anyreleased / unreleased Broadcast Audience Research Council ROse Cottage, Next to CitiTower, 61, Dr S. Si Rao :koad, Parel (E), Mumbai, 400012 India. r +912249226600 D + 912249226611 F +91224922 6601 www.batCindia.co.in· . . 'CINNol!73100MH2010NPL26511z :':~ ',: , '. ;',:' " ,~ . . -c.•••..""' ...,,, .. 7"".~ -_ _.-~ f~Ht~':':'i:;':;l.i:J.~~~:~~;~~~~:~~~.(~~~::.~~(3U~: ;~.~: -, :~;: ,;:.:;. ;:~'}: :;,2;' ::::i ~~j~:i;;.~~~~;:.;-Jf;~;)~i.~~f~ ;;:~'i .;::::. ~ ::}:~;·::.i:':;;,; '::.::,;,;:.;.:.i:';: :.~:: ': ~,:: '. ,. ' " . :. .': '<. ,'. " :,: .. ;"I":':";;:,:.:,~:; .. ·.:.~.,;:,:.:,,:.~ .•. ,..... .' ... '...' ':-:•.••'..:.:.,.. i J ~ I ' ;1 .. ! \ ,', .,' BROADCAST 'AUDIENCE RESUtRCH COUNCIL INDIA ',' " concepts, ideas, projects and services of the said Party and any other information received from other sources which the otherPa~ Isobliged to treat asconfidential. ,' vii. . "Disciplinary councli i, shall mean the'committee constituted for the purpose of addressing and determining issues of Viewership Malpractise, details of which are set out In the Code of Conduct andthe BARC website at ' http://www.barclndia.co.ln/resources/pdf/BARC0I020India·s0l020Dlscipllnary%20CouncIl0l020· %20March%202017.pdf ' viii. "Event of Force Maj~ure" shall meanacts of God, explosions, earthquakes, hurricane, drought and tidal waves, fires, floods, weather',' catastrophes, epidemics or quarantine restrictions war, or other cause(s) beyond the'reasonable Control of a Party, not reasonably foreseeable, not caused by actsor omissions of the PartY affeQ:ed and that could not havebeen avoided through a work around plan,..which ,prevents the Parties from rendering their obligations; ix, "Fair Usage Guidelines" shall mean guidelines published for fair, permissible andcommercial use of BARc viewership dataand uploaded at the BARC website at I1ttp://www.bardndla.co.in/resources/pdf/BARC_Ratings_Prlnciples_oC1=air_and_Permissible..Usage .pdf; .... ~n x, "Licensed Data" sflall have the meaning set out in the SOW; xi. "Licensed Software" shall mean the Interface installed at'ine machines (laptops/desktops or otfler cotnputers) of specified aUthorrzed users at the Subscriber's office(s) through whicH the Subscriber sflallaccess the Ucensed Data; xii. "Login" sl'lalllYlean the entering of Identifier informatIon into a system by a userin orderto access the Ucel'lsed Data through the Ucensed Software; xiii. "Panel Households''' mean, persons in se1ectee:l households y.'1~hln the Rep4bllc of India, whO are used as the reterence aUdience for'the purpose of BARe's :audiovlsual· audience measurement services, and whoSe house will be equipped with oneor moreBAR-o-meters; xiv. "Person" shail'mean andIndude an IndiVidual, an association, a corporation, a partnership, a joint venture, a trust, an ul'\lncorporat~, organisation, a joint stock company or other entity or orgal'llsation, including a government or,politlcal sub-ellvlslon,or agency Or Instrumentality thereof aM/or anyother iegaf entity.' , Broadcast Audience Research Council Rose Cottage, Next to Citi Tower, 61, Dr S. S. RaoRoad, ' Parel (E),Mumbai, 400012 India. T+9122 49226600 0 + 912149226611 F +9122 4922 . 6601 www.barcindia.co.in ' ' ,.' CINNo U73100MH2010NPL265172 :;: .': ·:. , ' , y f' ' .."· -'"' . -,". ~ ,~ :.; i~ . .- BROADCAST AUDIEHCE RESEARCH COUNCIL INDIA :' .} xv; :':,~ ' • • • ;;0-0 ... ...... "Purpose" shall mean non-commercial u.sage (i.e. use of data otherthan for sale or exploitation of data itself) for (I) Intemal'resear¢h and analysis of the Licensed Data and services bySubscriber, , ;, (II) marketing, promotion and asa base for sale of advertisements aswell as a reference pointin Its documents and agreements etc. with any party or person or anyother part of the broadcast and other business of,theSUQscriber; . " XVI. "Ratings" shall ~ean the ratlngs/ra'nking of a'Channel arrivell at afterthe statistical analysis of .. the viewership data from thePanel Households recorded by the Bar-o-meter; XVii, "Remote Login" shall mean a login proVided to the Subscriber, which allows a user termInal to connect to a host, computer via a n~twork or direct telecommunication link, and to Interact with that hostcemputer as}f theuser terminal were directly connected to thathostcomputer and allows ,for the Subscriber to access the Licensed Data through the Ucensed Software; XVIII. "Setvlces" shall mean the researen and analytical sel'\lices to be provlded by BARC to Sul:lscrlber in the form of the Llcel'lSed Data; xix. "Statement of Work/SOW,,'shall mean the document. setting ou~.the pricing models fOr the lIcei'lSe of the Licensed Data ahd Licensed Software and other commercial terms; xx. "Territory" shall mean the RepUblic of India; , i,it '-' XXI.. "Unauthorized Access" shall tneao gaining access to Ucensed Software and/or Ucensed Data through Subscriber's computer, netVVork, storage medium, system, program, tile, user area, or either private repository, without thepermission, of BARe; xicll. xxiii. will "User Guide" shall mean theuser.traJnlng :manual which' beprovided to theSubscriber at the time of traIning, setting out the,manner of operating and using the Ucensed Software and extracting the LiCensed Data. User 'Guide shall also Indude all updated versions of the User GUide to beprovided by ~C 'during the Term; ~~u~-_v.mIllYJBwn(.~~fj;} ~!~QJ!N!WJ~~WWWtfSl _ _~ ~ Rfl\DtgW.ril.~-~1U-liIMlh_~1iQglm~; ~Uti'{4i!i!.JJlDiBDtllBiiQim_~&I~.!Hfl1Jf~ti}~ ,~. • •• • ; • • ....... !" ,'•. ,.... • ... ~ BroadcastAudience Research Council Rose Cottage, Next to Citi Tower, 61, DrS.S. Rao Road, Parel (E), Mumbai, 400012ltJ.dia. T +91' ~2 .4922 6600 0 + 91 2249226611 F +91 224922 660r· www.barcindia.co.in . eIN No U73100MH2010NPL265172 'I~~' ~ " ""P',ne ..,. ","." . . v 'f ".. ,.~ . ,~.,~ ,: ,,·:-,,:.~.,· .. f . ,·'., .. ', "',':1." •. ' ,,: .: .. 'I.liil •.,\,,1.. , ' ;; v-. .••.."., ·1O~i.·I·.' · \' .....•...,•.. -: ,', .. ,.. ~·;·. :~~I""'·..i':':1~.--,,...,....,...,......,.,...,., ...•. I ••. . ~3 - "~ l . '. . ro, ~ •.;:. :&. • . .~ .:.~ -. ,', ::; "r.~ •••• ;;;- . -riit·~ .\'.; ,', -II " I-II ',' ,', .. BROADCAST AUDIENCE RItSEARCH COUNCIL INDIA ' e. Subscriber uildertakes for Itself and on behalf of its officers, directors, etnployees, agents, Affiliates, and any third party associated with the SUbscrlber~~~~ ~~~e~~ ' f. .. Subscriber shall not employ or engage with any ex-employee or agent of BARC, who BARe reasonably believes mayhave access to or knowledge of the Panel Households. • g. Subscrlb~ shall hot, directly or indl~ly, conduct any promotional activity or advertisement at the Panel Households; for ani reason whatsoever., . , h. Subscrll)er agrees that U.~mID ~ ~ ~_ i@ ~me ~ mlIi ~,(tj U@1f!ijj4mn~if It comes to'the knowledge of the Subscriber that anyperson or entity has'approached and/orIsoffering anyservice thatjeopardizes BARe's Panel Household security or anyentity or Individual Is or has Indulged in Viewership Malpractlse. In the event Sl,lbscrlber approaches or makes any effort to approach anyPanel Household, directly or indirectly, then BARC shall be elJtltled, at Its sole discretion to take necessary steps set out in the Code of Conduct. . ' l, j. Sul)scriber shall provide all such Il'Iformat!cln as may be required by BARe for the purpose of cOMputing the ucense Fee. ·,ISf4f6fi1_millllBU,fWB'lM1€iMlW~l1Jll@fi!lliiat!ll.lL~F.Air; '~!!jM!I!/lj~aia.~~t1IW~.~ ;UMlMMl~~~lmrIfSlJ!lliflW.~~; ~~~_lfjf!W$I1jI:S'S'~al!ll!tjl§l)JIIiJ'd~WlyQt .l1§'m, "" -. '. k, Subscriber undertakes to provide the actual advertising revenues (accrued aswell asreceived) for the previous finanCial year, nolaterthanOctober 31 of the currentyearand suc/'l revenues will be duly certified I)y the statutory auditors of the Subscriber. Ii. The rights and obligations of BARC are: a. BARC will ensure that it hasall the necessaty expertise; knowledge and the requisite skJlls to provide the Licensed Oata as per the terms Cbntalned, hereil'li \' b. During the Term arid post termination of the Agreement BARC shall be entitled to use the Subscriber's logo for Its buslhess promotional activities or anyother non-commercial activities, in the l'l1ahher pre-agreed with the Subscriber. c. aARC s/'lall provide the required installation and trainirlg guide for the Ucensed SoftWare to Subscribe-r, wl'lic/'l the Subscriber shall access through Login or Remote LOgin only. Broadcast Audience Research Council'Rose COttage, Nextto Cjti Tower, 61, Dr S. S. Rao Road, Parel (E), Mumbai, 400012 India, ,1.+91,22,49226600 b + 92'22 4922 6611 F +91 224922 6601 www.barcindia.co.in CIN No U73100MH2010NPL265172 ", , ', ..;,' ';. ",;.;. :: .1.':. ,:" ..:' ~., """l:~' :<":'!":"!"'f~""""", •..... .' .;.~'.: ... '" .. .. .'.,' ...... .' "'~"':';\\,;,:~.:.:~.;. :,;"~;~,~,:"",, .' ' .', .", " ',' ',' :.: II BROADCA$T AUDIENCE RESEARCH COUNCIL INDIA .,; d. BARC is authorised to tabulate and share the audience measurement data In respect of the Channels with BARC's subscribers, for playout monitoring, during the Term and in accordance withtheprovisions of this Agreement. Subscriber hereby permits BARC to use thevideo and/or textual data from theChannels either directly or through Itsauthorised technology partners for purposes including spot monitoring, program admonitoring and any other services that BARC deems fit, during theTerm. ' e. Subscriber hereby grants permission to BARC to monitor ItsChannels, during theTerm subject to and in accordance With the provisions of thisAgreement '-', "'. 8. CONSIDERATION I. In consideration of. the license granted hereby, SubscrIber shall pay to BARC such license fee, as willbesetoutin the SOW ("License Fee"). 11. The payment terms applicable for the Ucense Fee shall be set out In the SOW. Subscriber understands and agrees 'that In the event of delay In payment of the License Fee beyond the periods stipulated IntheSOW, then without prejudice to BARC's right to terminate thisA\jreement, Subscrll)er sl'lall berequired to p,~y such interest, assetout in the SaW, whI~h will beapplicable from thedue date of PClyllient till 'the actual dateof payment. III. The Ucense Fee Is'exclusive 'of any service tax. and or any other similar succeeding tax Or any other applicable statutory tax, wHich sl'lall beborne by the Subscriber In addition to the Ucense Fee.' \ iv. The Subscriber (Induding Its Affiliates arid related entities) shall be entitled to use the, Ucensed Data (received during theTerm of thisAgreement),' post termination Or expiry of thisAgreetrlent for the Purposes, upOl'l PClytfiel'lt Of. annual fee ('Past Data Fee'1. For the purpose of the Agreement "Past Data Fee" will be calculated at 15% of annual Ucense Fees for the last 12 months Ofsubsistence of an sOW (or ona pro rata basis if the lastSOW was In subslstertce for a ,·shorter period)..For avoldatice of doubt, It Isclarified that thePast Data Fee shall bepayable only In the evert of termination or expiry of this Agreement. v. 11'Ie PattIes f\ave agreed that BARC shall be entitled to re-negotlate (increase or decrease) the Ucense Fee during ttle Term based onchanges 11\ number of Panel Households and/or changes 1ft COst to beincurred by BARC In obtaining the Ucensed Data, or any changes to be carrIed out h'l accordance withthe Instructions, of board of director~ of BARC. The revised Ucense Fee shall tie applicable from thedate stipulated by BARC~ Broadcast Audien6e Research Council ~()se Cot!:age, Nextto Citi Tower, 61, Dr S. S. Rilo Road, Parel (E), Mumbai, 400Q12 India. T +91' 22 4922 6600 D + 91 22 4922 6611 F +91 22 4922 6601 www.barcindia.co.in ' ' .. erN No U73 i OO'MmO1ONPL265172 ".:. ..' " :1':' t,l~\t.\~~W:!}l·:tH·:·t~~·-:;~~to.~ll;:~~..!;\a~·[ta'-i!..~~;·.:.i ,,::.!,'; ;.~ ., :.~' _;:;:.:;·i ··.;.:':i.:;}j~W~;::~~;g·;~H·~~l~ , j , .;:,::.:: ':.:!.:.;.:,~ ;:.;;.:::.",\ ~~. :",:: ;,': .;.::.;.'. '.:' ',': .:. ":'. ':.::'::':':';".': ',,':.;'.' '..•.-. .'-'. ";-;:':;:;.':Y:., -:.Ii;'." .••.•.•;v.'~, . :....." ," " .' , ':,. " , ~~~: t' . i '. il .'., ',' ,', " vi. BROADCAST AUDIENCE RESEARCH COUNCIL INDIA ' All payment shall be made In Indian Rupees. Subscriber shall make payments under this Agreement In the name of \\Broad~$I: A'u~lence Research Council" payable at Mumbai on the due date or by way of bank. tranSfer, asperthe bank details mentioned below: Bank Details: vii. Name of Bank Address Yes Bank Ltd Yes Bank Ltd Gr. Fir, Tower 2, India Bulls Finance Centre, Senapati Bapat Marg, Lower Parel, , Mumbal 400 013, Maharashtra Bratlch Current Alc no IFSC COde IFC Bra~ch , 041981300000124 YESBOa00419 S4bscrlber shall be entltied to deduct on'ly the applicable withholding tax on the Ucense Fee, before paying the same to BARC; as per the provisions of the Income Tax ACt, 1961. Subscriber shall prOvide BARc withthe requlstte TDS certificates in time under the provisions of the Income Tax Act, 1961. Subscriber shall be requIred to provide the tax deduction certificate (TDS) evidendng such ded!Jctlotl•.The TD~ certificate will be provi~~ Within 30 days of each payment or befdre the end 'of the financial year if it falls before the 30days of a pavment being made or as required by law, wl'lichever Isearlier; 9. REPRESENTA~ONS AND ,WARRANUES I. TheParties hereby represent and warrant asfollows: a. GO(Jd title: They have tHe full powerand absolute authority to enterIntothisAgreementj 1>. NQ Olsablljtyj They are not under any. disability, restriction, or prohibition, whether legal, cOntractuCll, Or otherwise, which shall prevent them fromperforming'oradhering to any of their obligations under this Agreement, and have not entered Into and shall n6t enter Into any agreemetlt t1iat may violate this Agreement Or adversely affect the performance of this Agreefnetltj . , Broadcast Audience Research Council Rose Cottage, Next to Citi Tower, 61, Dr S. S. Rao Road, Parel (E), Mumbai, 400012 India, r +912249226600 D + 91224922 6611 F +91224922 ,6601 www.barcindia.co.in ClN No U7'31 MMH201ONPL26S 172 -, '.' ." I." •• , .. t~l.~HMll;i:')~ii5:t:illi;i:i;;j!.!t;,jI<;ii,:;::~:;;:;;:;:; '::~::':i :.:;.;:::: ;:~:;:iit:.i:i \\iii;;;i;:i;;i:i~i:;:.;~;;;::i·::i~: :,::'i~;;:: ,i:;::,::,;:;':;;:'.;" ;';:;.;.:., ..::.;; ;:',.:., ,:-," .,.:.'.;.. ,', " '..':' 'H.,,,,,', :..,.,!:"""" .c.v- .., ,. . •.. ', '.,. ,.0'0,,,., .... '1 .j '; :: " " ~i" :;:' .J -: ~ .' BROADCAST AUDIENCE RESEARCH COUNCIL INDIA c. L1tigatlQn: NQ IItigatiQn" arbitration, cr administrative proceedings are threatened, or to the knQwledge of theParties, pending, which call1ntQ questlon':the validity or performance Qf their Qbllgatlons under this Agreement; . , • . d. COnsents/RermlssIQns: All authorlzatlQns, approvals, consents, licenses, exemptions, filings, and othermatters, offidalor otherwlse, required or advisable Inconnection withtheentry Into, . performance, validitY, and enforceability of this Agreement and thetransecnons contemplated hereby 'have or shall be obtained 'oreffected in a timely manner; f. Use of intellectual property rights: Each Party shall adhere to therequirements and stipulations Qf the other Party relating to the use of 'the respective Party's logo and. other Intellectual prQpertY owned 'or lI~nsed for use; ". •. . . . , g. Asa material inducement to BARC to enter IntothisAgreement, Subs~lber further undertakes, warrants, represents and agrees with BARC asfQllows: I. It Isaware thatalltheUcensed Data provided by BARC willbe"AS IS"and "AS AVAILABLE" basis withrespect to the target demQgraphlcs and sample size of the population traced by BARC. II, SubsCrIber shall be solely respQns'ble for the Interpretation of tl'Ie Ucensed Data and it ~hall nat hold BARe respQnslble In'any manner for the same. III. Subscriber Isaware and acknowledges thattheUcensed Oata being statistical datacan at alrtimes have a certain amount Qf relative statistical error and In the event of any such error, Subscriber shall not hold BARC responsible. lv, Subscriber Isaware that BARC shall beentitled to obtain Licensed Data for the Channels only on thebasis of the Watermark. , v. Subscriber Isaware 'that BARC shall be entitled to change the minimum thresholds and other parameters for arriving and/or repol'tln,g the Licensed Data, at the SOle discretion of BARC and shall provjd~ a,written intimation 'to the Subscriber ~f such change. vI. Subscriber undertakes to provide the actual advertising revenues (acaued as well as received) for the prevIOUS financial year, asperclause 7 (I) (k)• . 10. INTELLEC'I'UAL PROPERTY RIGHTS I. BARe Or Its licensors, as the case may be, shall sOlely and exclusively own and control all the InteUettual Prclpetty Rights In the Ueensed. Data an'd the Ucensed Sof'tWare for perpetuity w6rldwlde, BARe's rights lndudesthe rightto reproduce the Ucensed Data and tl'Ie Ucensed Broadcast Audience Research Council Rose 'Cottage, Next to Chi Tower, 61, Dr S. S. RaoRoad, Parel (E),Mumbai, 400012 India. r +912249226600 D + 91,22 4922 6611 F +91224922 6601 www.barcindia.co.in . ., eiN NoU73 IOOMH2010NPL265 172 .," .'.....·.•5.•.•.••...• 1••••• ;. •••• ".Co •• " •• ' .·.•w ...·.,..-.,-----,....,..._ r""u<'~':J''i<;I!.'IW~';~:':''Y''*t.'}:6£;itilll•.;):.;;;:::.•::.,: :.;::. ;:::,:;, ;;:;.::1l:~;::;;>;:·:::::;i;::t,:.1:;;': .:··;;···:·;·:;i.:·\;·' :.::::.':, ·;,·;·;:·i·:i ;.. ;.::.:':;';:; .:" :..•.::.;,-.:.'.,::: .:.... .. .-. -: :.:.;,.:.;.:,.,:. '.': :,,,.;.;0'.,: ., "'... .".: :..... " .. .:~ :' :; ·~i ~l . '. ' .. :-: .., :) " BROADCAST RESEARCH COUNCIL .': AUDIENCE INDIA :.: SoftWare either on its own or as a Collective work, publish it through any means, t"edia or technology existing or In the future, make copies thereof, translate or adapt the same at their sole discretIon. II. .~'.:; iii. J;xcept 'as oth~rwJse set forth herein, all dght, t1tt~and Interest 'In and to all, (i) registered and unregistered trademarks, service marks and logos; (II) copyright, copyright applications, and copyrightable Ideas, and/or concepts, (Iii) tr~de secrets, proprietary Information, and know-how; (Iv) all divisions, continuations, reissues;· renewals, and extensions thereof now existing or hereafter filed, Issued, or acqUired; (v) regIstered 'and unregistered copyrights Irtcludlng, without limitation, any f9rms, images, audiovisual displays, text, Licensed SoftWare and (vi) all other intellectual property, proprietary rights or other rights related to Intangible property whIch are used, developed, comprising, embodied in, or practiced In connection with BARC ("Intellectual Property Rights") are owned by BARC or Its licensors, as the case may be, and Subscriber agrees to make no claim of interest In or ownel'!1hlp of any such Intellectual Property Rights. Subsalber acknowledges that no title to the Intellectual Property Rights is transferred to' Subscriberi.and thatsubsofber.dces notobtainanyrightS, express or Implied onthe Intellectual PrOperty RIghts. To the extent that Subscriber creates any derivative work (any work that is based upon one or more preexisting ~ersions of a L1cehsed Data provided to Subsalber, such as an enhancement or modification, revision, translation, abridgement:, condensation, expansion, collection, corftpiJatibn or any other form i1'l which such pre.-existlng works may be recast, transforme€!. or adapted) such derivative work shall be owned by BARC and all right:, title and . interest In and to each such derivative work shall automatically vestin BARC for alltimes. BARe ~l'Iall have 1'10 obligation to grantanyrightin ahysuch derivative work to Subscriber and shall be entitled to require Subscriber to cease and desist from using or permitting use cf the same at Its sOle discretion. . SUJ)scriber agrees that nothing in this Agreement shall be deemed to be a license Or an assignment in favour of the Subscriber of any Intellectual Property RIghts and the Subscriber shall notacquire anyright, title or Interest In theIntellectual Property Rights or anypartthereof. TI'Ie Subscriber is ortly entitied to the permitted use of the Intellectual Property Rights for the Purpose ih the menner setbut herein. . 11. RESTRIctIONS ON SUBSCRIBER l, Subscriber sMail rt6t be entitled to grant, sub-license, assign or otherwise transfer, by contract, operation Of law, Or Otherwise, license, any of the Licensed Data, or the c)l)ligations or rights granted to It l'Iereur'lder· or. under the s6Ws. . Broadcast Audience Research Council Rose Cottage, Next to Citi Tower, 61, Dr S. S.Rao Road, Parel (B), Mumbai, 40Q012 India. r +91 n 4922 6600 D + 912249226611 F +91224922 66(h www.barcindia.co.in . . CIN NO U73100MH2010NPL265172 ...... ~... ... • . . . . . 11 • " =; .\':'~'.., ., :~ -:: . . - BROADCAST AUDIENCE RESEARCH COU.NCIL INDIA II. Subscriber shall not misuse, tamper with, reverse engineer and/or manipulate Ucensed Oata and/or the Licensed SOftware, In any manner whatsoever. iii. Neither Subscriber nor Its representative, employee, agent shall copy, .make derivative wor!<,s, perform, ,display, make otherwise use the Licensed 'Software, in whole or In part, alone Or In combination with any other technology" whether such other technology 'Is owned by the Subscriber or a third party. iv. Subscriber shall not offerfor sale, sell and/or distribute the Ucensed Software or Ucensed Data, In Whole or In part, alone or in combination with any other technology, whether such other technology Isowned by theSubscriber or a third party..: v, Any use, alteration, copying, 'translation, reproduction, adaptlon of the Ucensed Data by Su~scribe.r or its representanves, nomlnees, etc., In any manner whatsoever shall amount to infrlrl~er't1ent of Intellectual Property rights of BARC. vi. or i.l'.i;;ttta.~~UbwJ~~~jj§!y.§l~_~itQ~f:i.Y.~Jl;ttt~. f~~1@I.lll_.1J1D@.f!@J;PYlHfe~~W~ttfe~afiO@l(~.iDl~~MR.Ij~' am" ,",'~b~U.~n~ ~tJjll1i1i'1ijlI~'-e.~l1g1.mere'lWb1"·li@liS"em~A1Qt!si.ti~ ~ The font size and the' proportion of the dlsdosur'e as stated below should be dearly visible and readaole alongwlthlnformation/data j)r'ovided and, in the event of any discrepancy, BARC shall have the.rIght to -requi~e th~ Subscriber to COrrect the same: vii. Su~scriber shall not cOpy" alter, translate, reproduce, adapt the content Of other subscnbers provided to it by BARe and theSubscriber shall ensure thatIt undertakes allmeasures to etlsure tI1at there are no lnstances of, theft,' pirac.y, copying or unauthorized reproduction of such content in any format whatsQever. SUbsCriber'shall ensure thatthere. Is noinfringement of theIl'lteliectual prOj)er'ty rights In re1eltjon to sUch sObscrtber content. If anyinfringement Occurs, the Su~scrlber shall undertake prompt andappropriate action to protect the content andto report the matter to BARtIn writing within 24 hOU~ of sLl~h event. 8roadcast Audience Research Council Rose Cottage, Next to Citi tower, 61, Dr S. S.Rao Road, Parel (E), Mumbai, 400012 India. r +912249226600 D + 9122 4922 6611 F +91224922 6601 www.barcindia.co.In . ' '. . CIN N6 U731OOMH2010NPL265172 . .. ' ..'. : .... :... .' .. . ; .. ' ~.; .. ". . '.: ~; ',; BROADCAST RESEARCH AUDIENCE COUNCIL INDIA 12. SUSPENSION OF RATINGS' , a. lI11~iWtlij!!S~~~iig~~~R~~RSiJllN_f'w!u~~ 8iiW!J~_~~~'i:iSiEWt ~l~~JJrj*~~IIlT.·nllrete'Cl#~~~Jf!1l~_~ 13. TERMINATION AND CONSEQUENCES ,THEREOF' The agreement willstand terminated in the event the Subscriber: a. files forbankruptcy or protection from itscreditors or has a petition filed against it whIch has been admitted bya Court; or i. ;..:. b. {g~~!Jg~U\IiW~g@ffgI£Qit~~~~~ .~~~WaliWfifA1it:eWi~~@i\iiv (ti§lA~~W'~_jj)C1Wl~Jti'&i~J 1W'~Ei1~~m__~tifJID~~~fi;!i~~~~m-j c. fails·to provide toe adv~rtlsing' revenue details, as per clause 7 (I) (k); or d. ~mtnlf§.I§~~&~~~f!ilI:~~pll~m:tjJil~~r~.rn.~Q:!!~! ,~ I e. . Fails to or refuses to adhere to thedecisions of the Disciplinary Committee; or f. Fails to make tlrnely payment of the License Fee under the SOW and fails to cure such breach w(thin 15 (fifteen),days of being notified b~ 'BARe of such'oreach I" writing. ii. BARe shall be entitled to terminate this Agreement without assigning any specific reason, pursuant to ~ written notice of 90 (ninety) days to the Subscriber. iii. In theevent of the breaches as setout In clause 13(I): a. BAR.C shall have the rightto disallow the Subscriber's access to the Ucel'lsed Data and Licensed SoftWare and lock the Login and Remote Login. b. BARe shall delete/unlnstall theUcensed Software from all theterminals of Subscriber. c. The License Feep.,ld till the'date'of termination shall beevaluated and Subscriber shall berequired to pay the due amounts, if any, payable to BARe, within 30 days along with applicable Interest at setout in the SOW, except where ten'l'llnatlon Is dlJe to reasons . attributable to BARe. However, in the event that the ucense Fee paid to BARe is in excess of theamount of License Fee actually payable, BARe shall within 30 days refund such excess amount to Subscriber. Broadcast Audience Researcn Council Rose Cottage, Next to Citi Tower, 61..Dr S. S. Rao Road, Pare1 (.E), MUnibai, 400012 India. T +91224922 6600 0 + 912249226611 F +9122 4922 6601 www.barcindia.co.in eIN No U73100MH2010NPL265172 .:; ~, ;:k "\ ',. )::~ '.;" :~~;~.:\ ' , : \' ..,',;.. ',' ~\fL,:,\~l.~.· ..:· ,';.•.., ~~ ~~d}~\i ..'~l':P : ".,";!-: •.• •.,i!!d .. , .. ' ........• : ...•.. , " • ,'.' .,·f .." : :' " ., , t .',' .:·"";S!.:.~Q.'·, ••. > , 1\ • • • • • . .. . . . :. ." ·.iJ . .. ... . . .. .... .... ~: ' '..' III D BROADCAST AUDIENCE RESEARCH COUNCIL INDIA If Subscriber wishes to continue to use the Licensed Software thenit shall be liable to paythe annual License Fee for the usage and maintenance of the Ucensed SoftWare. However, such license to use the Licensed Software shall not entitle Subscriber to access the Licensee! Data generated by BARC. The License Fee for Ucense Software shall be mutually agreed between the Parties, which shall be payable In advance. Subscriber shall berequired to payall theamounts dueto BARC immediately, alongwlth applicable Interest•. In the event of termination of thisAgreement due to the decision of the Disciplinary Committee, then Inaddition to theother consequences setout IntheCode of Committee and rights and remedies available to BARC, the SUbscriber shall also be reql,li.ed to pay· liquidated damages, being a genuine .and. reasonable pre-estimate of the loss and damage ~t BARC wll/ suffer dueto the Viewership Malpraet!se committed by the Subscriber. Such liquidated da~ages sh~1I not be in the nature of penalty. d. e. f. . , 14. CONFIDENTIALIl'Y ' Partles agree to keep the Confidential InformatiOn strictly confidential at all times, during the Term 'and after the expiry or earlier termination thereof. Subscriber's relationship with BARC and Its agel'lcles and all terms hereof shall be kept confidential (except from the Partles' respective legal and financial advisors) until such time as BARC discloses the same In a formal press announcement. There shall be no disclosure of any financial arrangements at any time during or afterthe explratlo~, ~r eerller termination of thisAgreement. I.· My non-public proprietary. Information relating to the Licensed Data, Licensed Software, l)usll1ess, ',marketil'lg plans,an4, policies of BARC and/or its licensors, suppliers or customers, learned of, discOvered by or supplied to Subscriber In any form In the course of performing hereunder shall .be deemed to be confidential and proprietary Information and the exclusive property of BARC. During and after theTerm of this Agreement, Subscriber agrees not to use anyconfidential and proprietary Information of BARC for any purpose otherthan in furtherance Of theSubscriber's obligatiorts under thisAgreement and not to disclose such information to any' third party. /lie obligations of this section shall survive the expiration or earlier termination of t~ls AgreelTlent. iI. III. The obligatiOns of confidentiality shall notapply to any Information that: (a) Was developed Independently by the Parties; (b) Was knbwn to the party priorto Its disclosure by thedisclosing party; Broadcast Audience Research Council Rose Cottage, Next to Citi Tower, 61, Dr S. S. Rao Road, Parel(E), Mumbai, 400012 India. T +91 22 4922 6600 D + 91'22 4922 6611 F +91 22 4922 6601 www.barcindia.co.in eIN No U73100MH2010NPL265172 s:.. ,.~.•. • ~ •.: .". ':: .. :.•.: .. -:..':'!':I. .. ~ .v-" : -r-::. . .;: :.; :.:. . " , " '•. ". ".' !..'., -.i ,. BROADCAST AUDIENCE RESEARCH COUNCIL INDIA :;~~ . "::': (c) Has become generally available to the public (other than by virtue of Its disclosure by the recelvl~ party); . (d) May':be required in any 'report, statement or test submitted to any governmental or regulatory body, which shall only bedisclosed alter giving priorwritten notice about such disclosure to the other Party; (e) May be required in response to any summons or subpoena or in connection with any' litigation, which shall only be disclosed after giving prior written notice about such disclosure to the other Party; or . (f) May berequired to comply withany law, order, regUlation or ruling applicable to anyparty' hereto, I~ which case prior written notice about such disclosure shall begiven to the other Party, or the otherPartY shall be informed asearly as practicable alter such disclosure. The provisions of thisclause shall survi~e the expiratio'n or termination of thisAgreement. 15. Ifldetltnlt'V I. l~ti~.li~1i~i~~l~Ibl~~ifMI.~~@,~~31!itiHngjgU; __~~b~~.IQ~g;§)!lIL'i(ii1iti.Q.~b.:Y, ..: ". ';" ".',-'. ""i~jMB.Gi _ _ _~ . a t l e : i ~ ~ ~ ~ ~ i 1 ! H t ~ n t , (."B'~~~Mi~r·'·,'"' !_~~.~~~~~_~[CJnY1.$.miriL~(:!;(~~Y, i_~all~U~JW'jgr.~1FB1ti~~oi:ii'@l!f!Fjmil'!ti~b1S~1i.i wi! ...•.. ii, Subscriber further undertakesthat within 2 (two) days of receiving any intirnation from BARC Invoking ti'le' Indeml'lfW clause, Subscriber wlll take all steps to defetJd BARC, at Subscriber's cost, agaJIJSt all SUch act/o~s arid'unconditionally agrees" to reimburse 'all losses, liabilities, daltns, damages,. costs arid expenses (Including attorney f~) Incurred by BARC, and dlsDursert'lents Made by BARC. ' iii. Subscriber also agrees aM undertakes that Subscriber sl'lall not make anyclaim against BARe under any circumstance, whether directly or through anyotherentity, fbr providing the a9reed services and/or Licensed Data an~l/or'~he Ucensed SoftWare under thisAgreement. Iv. Tl'le maxlfrlum a.ggregate liability of BARC, Including Indemnities, damages, costs, expenses, claims, etc. arising under. this Agreement, for any reason whatsoever arising out of or related -', .:.::: Broadcast Audience Research Council Rose Cottage, Next to CitiTower, 61, Dr S. S. Rao Road, Parel (E), Murnbai, 40001~ India. T +912249226600 0 + 912249226611 F +91224922 6601 www.bercindia.co.in tIN NoU731 OOMH20IONPL265172 . '. '..'",." ! ":. I l 0' r: , ~ :: " -: ;:: BROADCAST AUDIENCE RESUt/tCH COUNCIL INDIA " . .; ~ to tl'lls Agreement, sMail be 1IR]lted, up to an amount equivalent to the Ucense Fee received by BARe till the datewhen such lIability arises, . v. Claus~ 15'(I) to 15 (Iv)shall surVive the temJlnation or expiration of thisAgreement. . ..' . 16. Force Majeure I; Non performance of.any obligation under this Agreement asa result of occurrence of an Event of Force Majeure event shall notconstitute a breach on the part of the affected Party and the Parties shall, as-seen ~s' may bereesonably possible, resume compliance of obllgatJotls as though the Force Majeure event had notoccurred. Ii. However, If the Event of Force Majeure or THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS THE DAY AND YEAR FIRST INDICATED ABOVE -», /: <, SIGNEO AND DEUVEREO BY THE WITHIN NAMED ftBARC" BROADCAST AUDIENCE RESEARCH COUNCIL BY THE HANb OF M~ ) ) ) ) '1 .' (AUTHORIZED SIGNATORY) " ) PURSUANT TO THE RESOLUTION PASSED BY ,, ) THE BOARD OF OIRECTORS . ' )., ON THE [ ] ~AY OF'[ . ]20i:) . SIGNED AND OEUVERED BY THE WITHIN NAMED "Subscriber~' ) , ., '1h *+ t. . '. .) BY THE HAND OF MR./Ms. (AUTHORIZEO SIt;NATORY) , PURSUANT THE RESOLUTION PASSED BY'THE BOARD OF DIRECTORS ro ' ) .) ) ) Broac.!cast Audience Research Council Rose Cottage, Next to Citi Tower, 61, DrS.S. Rao Road, Parel (E), Mumbai, 460012 India. 1 +91 224922,6600 0 + 912249226611 F +91 224922 66(H \V\V\V.barbindia.c6.in ' , CINN6U731 OOMH201 ONPL265172 r: y'\.A e: 04 1 . ,;" I ,'. ' ~ , • . _ . , ' -. ," .•• ' ,,',"'f :::: . '. ':':':'.l":'.'" ""~~':I"~.·II~/('.' III II .,', . ,.,,:.;,';.- BROADCAST AUDIENCE RESeARCH COUNCIL INDIA ANNEXURE A CODE OFCONDUCT (Part I) The Su~salber 'unconditionally agrees that In theevent there Isany violation of thisCode of Conduct by the Subscriber,' in whole or in part, B~RC shall be entitled to terminate the Agreement executed between BARe and Subscriber. This Code of Conduct shall at all times form a partof the Agreement executed between BARC and Subscriber. SUbscriber shall berequired to adhere to the follOWing: i. iI. @li«T~a~VIIl9litaDIWS.HI!p'l!~!llIij/l!i'_ v. Ilifjlfm!fjJllll!l!"~;ze~wellilji1lfJQ!lf~ Neither Subscriber, nor any of its employees, agents, contractors or anyperson on behalf of any of them shall /nake'.any attempt tojeOpardize In anymanner, the ,confidentiality of the particulars of Panel Households In any manner whatsoever. ' ill. Subs!='"lber unconditionally Undertakes that it shall notdirectly or indirectly (indudlng through any person or entity) attempt in any manner to discover/identify the particulars of Panel Households, and if Information regarding, Panel Households becomes available to them they- further unconditionally undertake not, to use this Information for any purpose whatsoever and further unconditionally undertake to promptly Inform BARC about the same• . lv, ,Subscriber isexpressly prohibited from and'.uncondltlonally undertakes and agrees to not,directly or Indirectly contact any member of a Paru:!1 Household. vi. . Subscriber acknowledges and agrees that the Integrity of the Ucensed Data depends on strict adherence to the aforesaid conditions and abiding by the aforesaid undertakings, as Influencing any Panel HousehOlds or any of themembers of Panel Households to view or notview anyChannel distorts the integrity of the audience measurement system operated by BARC, and adversely affects the ecosystem. vii. Subscriber shall be' required to 'disclose the que and correct net advertising revenues, acaulng/accrued to Subsalber. during each, quarter of the Term anp/or any other Information reqUired by BARC to compute theUtense Fee. BARC snail have the rightto audit the accounts of theSubs6iber In respect of such advertising revenues received bythe Subscriber byengaging an InternationallY reputed accounting firm at any timeduring or after the Term. The costs of the audit Shall be berne by the Subscriber. In the event of any discrepancy being revealed in the emeunts .reported ~y Subscriber and the amounts: revealed In the audit, Subscriber shall be required. to pay the differential amount alongwith interest calculated at 18% p.a, from the due date the payment ought to have been made till tI'le'date of receipt of the amount by BARC. viii! Subscriber shall give BARe and Its authorized personnel, full access (physical and/or remote) to Suljscrlber's premises where theUcensed Software is Installed. Ix. Subscriber agrees to assist, help and co-operate fully with BARC and Itsauthorised personnel and promptly make available ItlfOrmationa's may berequlred bY,BARC Inrelation to theUcensed Data. Broadcast Audience Research Council RoseCottage, Next to Citi Tower, 61, Dr S. S. RaoROad, Parel(E),Mumbai, 400012 India. T +9122 49226600 D + 91 2249226611 F +91 224922 6601 www.barcindia.co.in ' .. eIN No U731 00MH201ONPL265172 /;ii:~~:~"i~"l~Q:\f'~;~~{;~~!i~~~;;~~~;~~~;~i;~;':~~;:.}:,., ;~,: ';i;;: ;~;;:r~ :;;;:.;~~~~~";i~~~):' ~~8~!lo~i~:~::;;; ~~~;::~; ~i;:;~~; :~;;:'; ..'',_ ::; ...: .; -, j J l ,,' " . \ it;I(l \. ~ ~ :~ :. ;~. 1111 1111 ". ",' BROADCAST AUDIENCE RUEARCH COUNCIL INDIA x. Subscriber agrees it shall not: .. a. Adapt or modify the Licensed Software and/or the Licensed Data in whole or In part, or In any way allow third parties to do so; b. Conceal or remove any title, trademark; copyright, proprietary or restricted rights notices contained In the Licensed $otnvare and/orthe LIcensed Data; c. useanyarchival copies ofLlcensed Software (or allowanyone else to use such copies) for any purpose other-than to replace the original tlcensed Software In the event It Is destroyed or becomes defective: d. Disassemble, decompile or "unlock," reverse engineer, or in any manner decode Licensed. Software and/or the Licensed Data for any reason in whole or part or In any way allowany third party to do so: e. Re-sell or grantany rights to third parties In the LIcensed S!>ftware or the Licensed Data, nor lease, time-share, lend or tent Licensed SoftVlare or the Ucensed Data. xl, Subscriber shall include appropriate I~ends and proprietary notices appearing on the Licensed SOftware and the Ucensed Data and' such other legends and proprietary notices displaying the ownership of BARC On all copies, Including any archival copies of the Ucensed Software and the LIcensed 0$, as maybe required by BARC• .:;::. .... fJroadcast Audience Research Council Rose Cottage, Next to cid Tower, 61, Dr S. S. ~ Road, , Patel (£), Mumbai, 400012 India. T +91 22 4922 6600 1) + 91' 22 4922 6611 F +91 22 4922 6601 www.barcindla.cc.ln ..CINNotJ73100MH20"l ONPL265112 .... ' .. :. .; ;~ :::. .:: ;r-,".:. '!;"', :.:"l,'-:,::" ··~:··.," ... :.:I,·:·'.'.•:'..... -. :-'"". :., ".::",;•.."":".,.:,.• l:,.-.;',.,:-:...'. .., .. , 4 4) ..... •.•• J •• . h . j .• : ~}:i;\:~,;:';.~~"i~i,~~:;.~~~;~,(~.~~;l};-;~;~Y.~aW,~i;":~i·~'i;:;ii"~;)~,i·~~~i~;.~U;.:;.;;::~i:r;g:~":.·i~U~;~i;n;,;:: i. ,;::',; ,:;t;::>:.:,::;.. :;:.~,.': :..: :,i - . ': :', .: ,::',' :,"'.;;1<' ;.: ~ . ~ I BROADCAST AUDIENCE RESEARCH COUNCIL INDIA COD£ OF CONDUCT FOR ~RESSING VIEWERSHIP MALPRACTISES(Part II) IntrodYCdioo Broadcast Audience Research Council ("BARe INDIA") is an Industry body established to design, commission, super'Vise and own an accurate, reliable and tlmE:ly television audience measurement rating system ("RatIngs") for India, whiCh can be utilized by ~_i:w&l~f§~m~OOr~.nc;I} :.oo.~Qmtif.9lf!Ii!iI§iht~~Ii.~~~~~~~~u.mg~~.i:lt, ;:'iM;.U~~ The subscribing to the Ratings. SubsCribers are required to adhere to the EULA, and policies of BARC when : Currently BARC Is ~he world's.largest'.such television viewing measurement system, measuring urban and rural television viewing behaviour. BARC has a panel size of one lacIndividuals. ObjeCtiv..ei M&.Qiis;~Q~J;W':~~i:jJ:jl~~~M~off;@nY~l@!L~;I"mj:, ~~~~~~~~~~~~~~·,~jmm~~~iQfi lD\7~l,ti$lBS6W~emm:ml_cr~)Ua.ij~~i ~~.mf~~~Mb~ , , , !I~~~~~I_.·' '_;A"£l~:~~~d&~~~~£' 'ti'oIlUJ.M~~~1 ~,. .,~~l ,'" ,r;H;l~lIN Panel households form thecore of BARC's Rating system. Panel Households means thepersons in selected households within the RepUblic of India, who' are used as the reference ,audience for BARC's audio-visual audience Measurement servICes, and whose house will be equipped with One or more 'Meters' (BARO Meters or any variant of that,asmay be called). To-offer a level playing field td alltheSubscribers, andto provide them withfairRatings, BARe shall onan ongoing ~sis Jrlvestigate any a~norma'J vle~er~hip data re<:on:led by the.l':1eters Irlst;alle'd by BAR.e at Parlel Households. Further BARe sl:1all make objective and systetn driven correction of abr'iOrn'laJ spikes or falls In al'ly Panel HOusehOld(s)'s viewership pattern. BARe is as an Industry Mdy is bound to en'sure the Secrecv and Privacy of the Panel Homes under the guidelines issued byMinIstrY ofInformation and" Broadcasting forTelevision Rating AgencIes InIndia ("MIS Guidelines"). Ti'le guidelines ftlandiilte that secrecy .and privacy of the panel homes Must be maintained by BARe and In this'corltext BAR.e can Issue' Voluntary Code of Conduct; to be followed by all the stakehOlders I su~~criDers {tV channels I parties ol:ltalning services from BARe under EULA. Hence tfj~ objeetive Is to prohibit, discourage, prevent and control malprae:tices related to and resulting in tatl\perlng withtheRatirtgs. 1. VIewershIp MalPraCtice's.> .. ' Broadcast Audience Researth Council Rose Cottage, Next to Citi tower, 61, Or S. S. Rao Road, Parel (ll), MUO'Ibai, 4000121tldia. r +912249226600 0 + 912249226611 F +91 224922 6601 www.barcindia.co.In . eIN No U731 OOMH2()l ONPL265172 " ' BROADCAST AUDIENCE RESEARCH COUNCIL INDIA a, Attempt to aM/or obtain details Panel Households, likeaddress, member names etc, . of the . " b. Attempt to and/or biibe"lnfiuence a Pan'elHousehold to watch or not to watch a television programme or Channel; , , e.Attempt to and/or bribe allyof thestaff appointed by BARC orits agents or any other entityInpossession elf any data relating to Panel Households or Ratings, 2. Vigilance teams Vigilance Team means al'l in-l'IClUse Vigilance Team set up by BARC INDIA, from time to time and Is In cl'large'elf lnvestigatln~ Viewership Malpractices across theTerritory• .t BAR.C,DlsclpllOal\l C6uncf! BARe India hes constituted a Disciplinary Council to address concerns related to viewership malpractices and recommend f1l'1al penalties. lhe BARt Olsclpiltlafy Council shall be a six (6) Member oody consisting of a ChairPerson and 5 other MeN'llJers. the ChaitperSon and theMembers willbeappointe'd by Board of Directors of BARC India ("BARe Board") by a i'I'Iajority decisIon. 4. CoOstltytlon 6f me DIsciplinarY Council: The Disciplinary CotnMlttee willconsist of foUoWltlg Members: a. Chafrperso~'Retd. Judge 'of tile Supreme' Cciurt or Ofa High COurt', iiil'!1 I), One Representatives froM tI'le Indiatl Broadcasting FoutldatiOfl. e. one Represe~tatlve f~rfl theIridian SQ~lety OfAdvertisers d. One Representative frof!l theAdvertising Agencies AssociatiOn of IMla Broadcast Audience Research Coweil !Ose Cottage, Nextto Citi 'tower, 61. Dr S. S. Rao R.oad, Pare! (E), Muinbai, 400012 India. 1'+912249226600 0 + 9122 4922 6611 ~ +91224922 66tH www.barcindia.co.in cIN N,o U73100MH2010NPL26S172 i!i\i:i :.~1fj!; ,11 ::~'; : ->; :. :lli1; ~(~~; ·ltt·,."""'b,.,."','"",,, h,," ." """"",!!",."",,,,,., ""."",..,...,.,.",.:', .' "!,, " , ', ',"". "";" ""',.."""'"", , . , .. ' .;: ~;: .... :~ BROAOCAST RESEARCH AUDIENCE COUNCIL INDIA e, One person who Iswell versed In the field of technology, broadcasting and the working of BARC India f. One person whohas held a senior position not below the rank of Commissioner or equivalent in any authorities such asPolice l CBI.. law.Enforcement ,1. 5. Terms and Conditions o!'Dfscjplinary council roC]: ,,:': ..:.; a. The Chairperson and other Members, excepting IBF, ISA, MAl Members (Stakeholder Members), shall hold office for a period of three (3) years. However, the termof IBF, lSA, AAtJ Members shall be two (2) years. b. Th'e process Of appointment of new DC shall be initiated by the BARe Board at least 60 days prior to the expiry of the term of the DC. Provided also thatwhere a person nominated asa Member of the DC IsfouM unfit to hold office asMember of theDC, t1\e BARC Board may remove such person from being Member and thereupon, such Member shall forthwith cease to be a Member of the DC. c. All'Mel'nbers ·Including the Chairperson nominated in the' DC shall be eligible for re-nomination after . expiry of his/her tenure of i years or 3 years as·applicable. d. The Chairperson and anyother Member may resign from the 9ffice by giving notice In writing to the BARe Board, and upon such resignation being accepted by the BARC Board, the Olalrperson or the Member shall be deemed to have vacated·hls office. .: d. Any vacancy arising as above or otherwise shall be filled, as soon as maybe, by nomination In me same manner In which the Memberv~catlng office was nominated. 6. Meetings pf the Disciplinary Cound!' [Dey a. The DC shall ordinarily meet once In a month or at any other frequency as required but the Chairperson May at any time call ali extraordinary meeting, If heconsiders It necessary to do so. b. Meetings of the Soard shall ordInarily be held at BARC's office in Mumbal. C. Meetln~s can beconducted by video !=Onferencl(lg or anyother SUitable method. 7.~ At every meeting of the DC, f6u'r:members including the Olalrperson shall form a quorum. 8. Presjdedt Of the pc: Broadcast Audience Research Council Rose Cottage, Next to Citi Tower, 6I, Dr S. S. Rao Road, Parel (E), Mumbai, 400012 India, r +912249226600 D + 91 2249226611 F +91 224922 6601 www.barcindia.co.in tIN No V13160Mli2010NPL265172 .. , ::?',.":" .~j~..,.~.,Jl'!:.'.,i!",."~I/••,"".r".,.,,~,,~.. ~,,~,1.'V\,J,~:':.'.':· •• .. ~.;;.;:::I.·.'\v.:._.m ..:·:,:,,; .. 0' ..$!r.':',i,'.~:.~,;;: ••.,-::,,:.:,,:,~ .•":":,.':"".·"!":~' .. ':':'''''';''''''''''(~5.").•.~"''''~''';'::"''''';-,,,,"··~.'.·.~ ,:,:"·.,.:<'••: :.:::O:: .• ,:", r: ~ ~".~~",.....,..,..,7.!.~:::::,v/;,::;:;:, ••'.•:::;., •.•-::::: l:,:.~\!.!:'l:'I~'=Y.·,': : :/'.·." ·:-.• : ' ·~"~"",,,·~.-·:'7,,·"7,··.",<~~~M"'··i.·,;,,:, •. ,·.""'·""':".""·-,.. ..~., ~ ';'!' •. ..:-:: ••• ,. BROADCAST AUDIENCE RESEARCH COUNCIL INDIA Meetings of the DC shall be presided everby the Chairperson or In hisabsence by a member elected by the members presentjrom among themselves. 9, Decision to be decided by majorjty of votes: Every dedslon before theDC shall b.e decided by majority of votes and in the case of equality of votes, the Chairperson or the m~riiber el~ed to preside shall have a second or casting vote. 10. WhQ can complain and Wh'erei' " d. BARC India can also Initiate suo mota Investigation Intotheactivities of any Subscriber orTVchantlel where BARC Indiareasonably believes thatthere mayhave been a Viewership Malpractice Or violation of the ~UlA or violation of polices of ~RC In~la. 11. Investigation by BARe's vigilance team (Secretadat); I, a. UpOn observing sustained ab~ormal viewership data recorded 'bythe Barometers at Panel Households by the Vigilance t~rtl or upon ~ipt 'of -a complaint 'r~ardlng Viewership Malprae:tlce, the Vigilance team shall examine the complaint and anyInfol7T!atlon received In relatlor'l thereto and condUct a prellmfrtary enquiry to ascertain whether a prima facie case Is made outIn tI'Ie complaint. b. The Vigilance team may also calf upon vide "Show Cause Not/ce" the sUbsaiber(s)/ TVChannel(s) for prOviding Information, and/or such details to ascertaIn the veracity of the complaint. The Vigilance TeaM/' B~RC management s~ould give7 days' period to the Subscriber/ TV Channel(s) to revert witl'1 tl'lelr clarifications and replies. The Vigilance Team/ BARC management mayprovide tYle FindIngs / /tawData / Trend graphs with the tlOtice, If required at Its owndlsaetlori. c. UpM receipt of satisfactory: 'replies; .the Vigilance Team/ BARC Management may dose the c6mpJair'lt, . Broadcast Audience Research Council Rose Cottage, Next to Citi Tower, 61,Dr S. S, Rao Road, Parel (E), Mumbai, 4000121i1dia. r +912249226600 D + 912249226611 F +91224922 6601 www.barcindia.co.in eIN No U73100MH201ONPL265172 '. , r, ".f ' " • \ .:. ' , •• ',', •• I •••• ·.'.·.... : .v- ·...l '••:·.:..:~ .... j.·",.,.~~. 'i, . ··.·,·'1. ',' "',' .i ....•., " .... 0'"·;:.•~.~ .. ~.,-c:,' - ,. .. ~,..,...,.-,.".""""'~=.,.,.".,-,....,-..,............,., '.··::.i .... ". {.: ' " : / ,'11 .:~ .'. ':: ,:': '':, ".:" .' 1111 1111 . '. BROADCAST AUDIENCE RESEARCH COUNCIL INDIA e. Should a prima fade' case be made out, the Vigilance team shall Initiate det1llled Investigation, . including examining data collected by BARC IndIa, wnich reveals any abnormal change in the Ratings or viewership of a Subscriber/1V Channel and Issue a report to BARC management. f. Upon whlch.BARC· Management shall·issue Written Warning ("First Warning") to the relevant Subscriber. g: . . . At Warning; Vigilance Team/Secretariat Shall submit areportof itsfindings to the Disdpllnary COuncil alongwith 'the supporting documents andthe.records establishing Viewership Malpraetlce, including/ or violation o.f the EULA and/ or the policies of BARC India ("Report'? 12. procedyre to be foll9wed by the pISc!D!ln~ry COuodi: a. The DiSCiplinary Council shall review the' Report, and all supporting documents, and consider the explanation given by the relevant SubscrIber(s)/ 7V Channel, after which It may, at its discretion, seek furtherInformation, Including fromthe relevant Subscriber(s}/1V Channel, and cpnc/ude whether it agrees with the Report or not. b. TheOlsapllnary Council will have the rlg'ht to request the'Vlgilance team to reassess anyaspeCts 6f the complaint asit deems necessary. c. If the Disciplinary Cout!cll believes tflat thereIsa case of Viewership MalpraCtIce, the Dlsdpllnary Council will Worm the relevant Subscriber/ iV Channel It! writing of the same ("Second Notice") and call upon the Subscriber to file a reply to the Notice. The Disciplinary COuncil ltIay also call upon the Subscrltler/ Cr.annel for a personal hearing. rv d. The relevaflt SUbscrlber/TV Channel' shall have a period. Ofseven days to submit its response to the Oiscipllnaty Cout\cll, and stipUlate wheth.er they' wantto be heard by the Disciplinary Council. . . ", ~. e. Upoh receipt of the response and, 'If requested, after '~n' opportunity fo~ a hearing is given by the DisciplinarY Council fa the relevant Subsaiber(s)/1V Channel, If the DiscIplinary Council Is satisfied that Viewership MalpraCtIce Has taken place, the· Olsdpllnary COuncil will decide on the actions to be taken against me relevant Subscrlber/'tv Cl'lannel and communicate the same In writing r'award I order"}. TheOlsciPlinary Council can initiate any of the follOWing actions: i. First bffense: Written warning to the relevant Subscriber anda penallyof Rs.2S Lakh, ~Ublished iI. SeeOi'lCl Offense: Written warning to the relevant' Subscriber; Subscriber's name to be in the Watch Ust on the Website OfBARC India aM a penalty of Rs.SO Lakh; Broadcast Audience Research Council RoseCottage, Nextto Citi Tower, 61, Or S. S. Rao Road, Parel(E),MuIt1bai,40Ml~India. t+91 2249226600 D+91.22492266'Il F+91224922 6601 www.barcindiaco.in ClNNo U73 1OOMH201 ONPL265 172 ".' \. '.:.::!, ;.,.:.:., <••••,;' •••••• •'.".' ·,·i ..•.'."..,·.·..· ; , ' .......•.....".'.,.'." •'.",....•) , :•• t',.' .. •",•!'..' ., . '!.j ; ' '~'. .., "".":':.:7',.':"".,..~.,"':-'.~:••c;T'.:.~ ..."':",,:-:-,:""'..;"'~.:.,.,:..."'~.~}O:;:.:I:':':l ..~:r.':"'.~""":.",.·.:.~·.:•."".~~I""·.·.,.,.,.•""' ...""' ..:... -.-r-e•..-:~>. ;;:.'.... :.'«~..~.7:' .. ..,..---..,..-,.,--....,."..,. .'. . . ..... _----_.._.---- . '-'~-"~ ~-._---_ ..._--~ ...- --.- .-. .:. .:- .... '.' .. ' BROADCAST AUDIENCE RESEARCH CUUNCIL INDIA iii. ThIrd Offense: Written warning to the relevant Subscriber; Subscriber's name to be published In the Watch Uston theWebsite of BARC India and one month's suspension of relevant TV Channel, l.e, viewership data of therelevant TV Channel(s)' from theSUbject Subscrlber(s) shall notForm a patt of the Ratings for one month and .a penalty of Rs.l Crore; iv. Fourth Offense: Termlnatlon of the EULA with respect to specific TV Channel, BARe shall be entitled to retaih the Llc:ens~ fees accrued ~y BARe India till such date of termination. f. All meetings shall be. adequately doc:umented For record purposes. All orders shall be communIcated in wrIting and shall bepllbllsl\ed Inthe website of BARe except in the case of First Offense. CQnfi(fetltlalityj AllInformation relating to the complaint, respondent, minutes of meetfngs shall bekeptconfidential and all proceedings, hearings and final order shall be documented. 'E~! Broadcast Audience Research COuncil Rose Cottage, Next to CitiTower, 61, Dr S. S. RaoRoad, :Patel (E),Mumbai, 400012 I11dia. r +91 22 4922 6600 D+ 91,22 4922 6611 F +91 22 4922 6601 w w w . b a r c i n d i a . c o . i i l · d;.:! ~:;:;: J::;'; ;~::: eIN No U731t)()MH2010NPL265172 f:~ " ' ;1',: -:. ;: ::.1: :.;~; ·tf~:;':: ,~:. ~. ::; i':' :.;: ;:~ H., ~;:~ ;~':,~:~ ,.~ ,•. . ,.:.',.';.,.;,..,•.'.,:,.,'.,': . '.. ,.,.'",.".'...,.:,1$.<:, ••': ,' .;'':, " ·,··.; . ~'. ·~'·::··;i::~;~H";~::~·~~~~H~~;~·~ !: ~ : ".: ,,: ':':: :~:~~;'::.:: ':,"I~'f::" :? . ~$. "~:,,, e, ' •..:: ~~;.,.' !·;~.);.ttH-: •.':.,t::-*.\~·.; ',," ;~.:.: .v- '. -. --.,,7i'l""'.,....-~~'!!""'..,.,.."" ..•!~. :('1, •. Published on: 22 nd July 2015 Valid until further notice, . . BARe India Ratings - Principles of Fair and Permissible Usage ", ' Responsible JIBs encourage conscientious compliance BARC India represents the fruitful culmination. of a nearly decade-long project to establish India's first Joint Industry Bodyfor the measurement of broadcast audiences. Three apex industry associations: IBF, ISA and AAAI; representing Broadcasters, Advertisers and Advertising Agencies respectively, are the founding constituents of BARC India. Each acted at the instance of and after full empowerment by its stakeholders. This structure imposes extremely high standards of probity, ethicality and accountability on the body. As the custodian of the measurement that provides a 'Currency' to all its users and stakeholders, BARC India is obliged to establish bounds within which its ratings may be used, particularly in the public domain. This is intuitively selfevident. The RBI as India's monetary currency provider establishes unequivocal and non-negotiable guidelines on the usage ofthe Indian Rupee. A few years ago, RBI demonetized the 1, 2, 3,.5 and 10 paisa coins. Any attempt to use them as legal tender after that date is illegal and could attract penalty. Analogous misuse of TVratings is commonplace and BARC India, as a responsible and accountable JIB, must use the powers vested in it by its constituents to prohibit it. This document will explain the need for establishing "rules of the game" and then elucidate them. . Viewership Research - A domainof Statistics BARC India has been established in pursuit of the vision of measuring "What India Watches". At current reckoning, India has over 153 million TVhomes, about 77 million each in rural and urban households. No presently available technology can capture and report every home on a 'census' basis. In the event, the only way of-approaching the measurement task is by carefully recruiting and then closely tracking a representative sample drawn from this huge population. The scale of the sample bears a direct relationship to width and depth of coverage it can realistically provide. One comes at the cost of the other. The greater the width over which a sample is distributed, the less the depth of coverage that will be available for a particular geography. Statistics provides reliable techniques of sampling to best capture diversity in populations and . ... .'. .;.: ••< . 1,1 ~, .,./ ,':}' analytical techniques to quantify the errors in the estimates produced. It sItilld be intuitive that errors tend to 'average out' across large aggregates but get amplified when small slices are examined. A well-designed sample makes the sampling logic and the errors of estimate associated with it, explicit. Measurement of television viewership boils down to answering the following questions: • • • What was watched? Who watched? When and for how long was it watched? In measurement jargon, these three questions map, respectively, to: • • • Content attribution Reach Time spent . The concept of 'rating' is merely the product of the second and third. Rating = Reach x Time Spent BARC collects data and publishes measurement statistics on all these variables at both Household and Individual levels. Sampling ratios vary across different geographies and town classes. What maybe measurable as a slice or segment in one market or geography may be too small to measure in another. . Challenges of sampling India While India is only the second most populous country, its economic, ethnocultural, geographic, social and demographic diversity is by far the most multihued on the planet, A wide and constantly expanding spectrum of television channels seeks to slice and segment this variegated audience. Disparate rates of economic advancement across linguistic/geographic segments are echoed in the range of broadcast content that courts them. More simply, greater prosperity cues greater choice. Though a large proportion of cable or DTH homes pay a monthly subscription, only a small portion of this reaches broadcasters. Not surprisingly,' a numerically dominant majority of mostly small channels realizes nothing from subscriptions and is wholly advertising dependent. Byits nature, Advertising is data driven. Ad placement is based on finding the right segment at the right time at the most competitive price. The first two considerations are ail about audience measurement Whilethe third reflects commer~ial negotiation, which is also inextricably llnkedwlth it. This, then, is the great measurement conundrum. The more desperately a channel needs measurement to survive commercially, the harder it is to measure. Prlorltles and Choices ' .. ",; Panel size, while designed to grow steadily over the years, is defined at a given moment. BARC India assigns responsibility for assigning measurement priorities and making allocation choices to its Technical Committee. The Committee comprises representatives drawn from the stakeholder community and has to do the intricate balancing act between keeping the coverage wide enough to justify the "What India Watches" vision anddelving deep enough to find and measure the burgeoning 'long tail'. BARC India's panel is already without precedent in terms of its coverage of Urban India. With its imminent expansion into Rural India, it will be entering virgin ground for Television measurement. As new markets get covered, or previously covered markets are put under higher magnification, many new audience segments, and by implication, content delivery opportunities are bound to be revealed. More measurement and better measurement will fire up the creative engine and a feedback loop will raise the bar 'further on future needs from the BARC India panel. . We are entering a virtuous cycle of better measurement leading to more content differentiation leading to even better measurement and so on. Measurement and Compartson The two 'are inseparable. The moment anything is measured it becomes possible to compare it with another thing measuredusing the sallie metric. With Television viewership, it is almost a reflex. Any content producer, or advertising inventory trader, starts comparing her reach, time spent and ratings with those secured by her competltorfs] no sooner than the week's data are published. On the one hand, it serves acrucial function in terms of content evaluation and planning. On the other, it helps set prices for trading advertising inventory. In both instances, the key players are looking closely at their "Share of Market"; creative content professionals seek to lead/dominate share of time spent, at least within their genre and ideally across multiple genres; advertising sales people want to win the maximum and highest-value-per-viewer revenue and by implication starve their competition. This is fine so far as it stays within the broadcast organisation. Issues begin only when these professionals use the data for establishing their leadership to their respective 'customer' communities. When a television station announces that it is "Number I" in its genre and offers BARC India data to substantiate this claim, the claim is no longer an internal issue but has entered public discourse. Ratings Leadership In its most essential sense, television measurement is just a special case of attempting to make sense of human behaviour, The constant battles between fickleness and loyalty, emotion and intellect, frivolity and seriousness play out :; -: .. ~" ... ,', ,', ::; ", ~~ -. vividly in the way in which we wield the remote. As is commonplace in Nature, order eventually arises from this chaos. One aspect of this order is a marked propensity to Inertia. Purchase behaviour, of which viewership behaviour is a special case, is known to fall into two broad patters, 'Repertoire' and 'Subscription'. 'Repertoire' purchasing is when a consumer has a set of acceptable, quasi-peer, brands across which she switches. Conversely, 'Subscription' connotes a high level ofloyaltyto a single brand. In general television viewing falls in the 'Repertoire' basket. Only the rarest content gets into 'Subscription' when it gets seen asappolntment viewing'. It is with this context that 'Leadership' Inteleviston must be understood. A leader is not created overnight Agiven moment or in a given day part on a particular day, may show someone ahead or someone behind. This does not constitute leadership. Using such a momentary blip is a very weak foundation on which to base a leadership claim. The following tests must be applied before making a claiin of leadership: • ',' " The period of comparison must cover at least four consecutive weeks of data. • The period of comparison must cover at least four consecutive clock-hours of data. • The tabulations used must be direct outputs of BARe India's BMW user interface. Any number derived by extrapolating or interpolating BMW outputs is not permitted for use in the public domain. • Ratings/Reach in % should not be used and only absolute numbers should be considered (except where market shares are being used for the claim). While there can be no objection to howmuch a user may parse BARC India data for internal use (within reasonable limits e.g. Relative Error levels etc.), the rules established in the next section must be strictly adhered to-in all commercial applications. Any use of BARe India data for supporting an appeal to viewers, advertisers .or theirdesignated agents and representatives constitutes commercial use. " , ... ,' .; ':',:",:', -:......~: ',\:.:'.':.',' ...':.;.:.:.:-.....: .....-:::-•....~ ... ".," .' '.....~.:~ vI:.;....<.;•.. :.:.!.:.:...~.·.·.~ ..:.: .'. '.. ".;':'. -:...:.:.:.:.:~ . . ~~ .. " .'., " ~.: v-". :.~ ..... f"': "",i:Jc';a;:1;)liil~""":',:,:~i,':i;":i,1",,,,;,,,@:®,:;::, ,X,::":" ,"i" :".''·i,.:. :, ;.:':1 :1 .", :j " " :." -: , ' .. Rules for commercial use ofBARC India data 1. All BARC India data is based on a sample, not census, of India's television viewing population. a. Samples produce estimates of population parameters that lie within a range or 'interval'. The midpoint of the range is used as the point estimate but what the sample actually produces is an 'interval estimate'. Table placed at Annexure I illustrates this point. b. Some events are commonplace in the population; others appear less often. The rarer an event is, 'the harder it is to detect in a sample. Here is an example. A Cricket match is viewed by 30% of all viewers in a population of io million. A Golftournament is viewed by O.l'%of all viewers in the Same population. A sample of 632 individuals would suffice to estimate the Cricket match viewership with a 10% Relative Error, i.e. ±3% of the population parameter, or between 27% and 33%. To get the same relative accuracy for the Golftournament, Le. to get an estimate within ±0.01%, we would need a sample of-over 263,000 individuals. However, if we were prepared to accept a 100% Relative Error, i.e, range of ±0.1% or 0%-0.2%,',the sample size comes down sharply to 2687 individuals. Table placed at Annexure II illustrates this point. c. Two events cannot be meaningfully contrasted if both are rare. Imagine comparing the Golftournament cited above with a Chess Championship also watched by 0.1% of the population. Assume that we are working with a sample of 2703 to keep both estimates in the 0%-0.2% range. Let us say that the sample produces an estimate of 0.05% for Chess and 0.17% for Golf. It would be tempting to declare Golfmore popular by a factor of 3:1 but this would simply be a trick played by the sample and a . grievous falsification of reality. Table placed at Annexure III provides more examples 'Of such 'Paired Comparisons' as they are called in Statistics. 2. BARe India data are best understood as 'Time Series' data and not 'Point' data. a. Aggregating across periods, for example by using moving totals or moving averages damps out random variability. Imagine two coins, one 'true' where both heads and tails have exactly equal probability, 0.5 each and the other one 'loaded' where heads will appear with a probability '0£0.6 and tails with 0.4. Look at the table below to see how the coins behave after 1, 10,20 and 50 tosses. First Toss H' T 1 0 True coin Loaded 0 Coin 1 10 tosses H' T 4 6 4 6 20 tosses H T 9 11 11 9 50 tosses H T 24 26 28 22 ,~: ',': Even after 20 tosses, it is hard to determine which coin is more likely to be loaded. It takes 50·tosses to decide with some certainty. This example is exactly analogous to viewership behaviour across periods being 'smoothed' out by using moving, long period, totals. BARe India encourages you to use 4-, 8- or 12-weekly moving totals or moving averages when evaluating a proposition. b. Time series data provide insights that a point does not. While unusual, extraordinary events will trigger.the occasional spike in viewing, most viewing follows almost metronomically predictable patterns, The illustration below tracks overall viewership measured across the entire BARe India panel for four consecutive weeks between Mayand June 2015. . TVViewership (RatODDs) for 4 consecutive weeks 1.100.000 I,OOO.OCO " . Every genre/type of content creates a mix 'ofappointment and occasional viewing, Plotting-the viewership across multiple weeks helps to visualize the direction in which its popularity .is headed. Two points on thepath may suggest a pattern contrary to the broad trend and only plotting multiple periods can reveal this. See points marked A. .and B. on the charts below. Selective use of BARe India data to bestow an artificial advantage on a channel is not permitted. ,,',' .: ;,; :': 9 8 . : 7 : ,. , 3 2 1 o ... 1 2 3. 5 4 6 7 Week '. -Channell -Channel 2 c. 'No.1', 'Leader', 'Winner' and such like adjectives make sense in an Olympics athletic event but only serve to mislead in the context of viewership measurement. When Usain Bolt,Yohan Blake,Justin Gatlin and others exploded from the starting blocks for the Olympics 100 Meters Finals in London on August 5,2012, they were less than 10 seconds away from one of the most eagerly watched results in world athletics. Viewers do not tune into a winning or losing channel. For a viewer, the channel she chooses to watch at a particular moment, however popular or not it might be with the rest of the universe of viewers, wins her attention for as long as she stays on it As options multiply, programming targets ever more tightly defined audience/need combinations. Even the biggest entertainment channel may not appear at all in the viewing repertoire of an International News addict. Audiences can and will be defined in endless combinations of gender-age-NCCS segmentgeography-town class. Even if two channels pick nearly identical target audiences, they will attempt to differentiate their content from one another, While some 'viewers may consistently pick one over the other, there will be many who will distribute their time across both. ciaims of leadership must meet the followlng standards: 1. Clear definition of target audience within BARC Indla audience taxonomy . ii. Clear definition of comparison set iii. Period of comparison to cover at least 4 consecutive weeks' . iv. Period of comparison to cover at least 4 consecutive clock-hours v. An data must be available directly and without interpolation or extrapolation from the BMW. B d. Audience shares are designed to mislead, particularly when comparing small channel platforms. Consider again the example of the Golfand Snooker events in point c. above. Assume that random factors resulted in a panel composition withmore Golfenthusiasts than Chess fans. Even after many weeks of measuring both genres of programming, Golfwill continue to look optically larger than Snooker. This might be illustrated thus in a Pie Chart. .. ---~--,-_.,_ _'-,._~-------------, :;: fOil Golf Iii Chess Such a chart fails to meet the standards prescribed for comparison in point c. above and is not permissible under these rules. 3. Visual representations help the intended recipient of a commercial message. However, they can be used to misguide as shown in 2.d. above. They must adhere to the following'principles. a. Axes of a graph must be,orthogonal, at 90° b. Scaling must be linear .' c. The Y-axis must generally intercept the X-axis at value O. Ifan alternative value is used, this must be clearly indicated both on the chart and in its legend < ~~~ :::; ''.,': ~ ,', f"~ :.. ~.~,';.~.".: ':Y:.',:",.:~. ~,::~ ..::~::.::.~ 'B\~~~h!~;:,~ ::.: .:!.\,,, '::~I,' "'":;'l:r.T:";::-::~~077":"'7~~~~':""0':::-:'::-':o:"""'"~~~~~!'0:.~"":":"':::"""':~~~~~"':":""'''''''''-;-~ .. ;·:~'.;:·, :..':.'.-.:: :.:' :.~.', :".'. ...... .' '...... "'. '".' .v-. " ..... ", .-,' ' :••.' .•••' '.':;'" .3":.•:.:..,..••.••..' '.' -.'. , ;; ' ,.. .• • < :.; .. ~;:-.: :';l~:·:."i~·:(·~~k;~ ~. , ., I ...·.. ..' ...... ..... ,.::. " ,. , , , "~",, - . ~v. " ~. .." . ~ Annexure I The tables below highlights the Upper and Lower bands of a Rating. , 327% . 2.14 0.50 0.00 Sample Size of 250 ',' Rating(%) " :.;" ..-: ' ," , :-~040s'~7' Reiative Error Upper \,' 1,~:· '\"1 0,28 0.05 0.00 Mid Point Lower 0 .'1 '/1 rr:~l!';"'~~':';O~5''''r'l?-':',.''" '"~" i~' 328% 0.43 0.1 0.00 464% 162% 5.24 2.00 0.00 231% 3.31 1.00 0.00 146% 1.23 0.5 0.00 103% 2.03 1 0.00 - '-J ,-." 2':" 73% 3.46 2 0.54 101% 10.05 5.00 0.00 ,.~, '5~::::;'" 45% 7.25 5 2.75 Annexure II The tables below highlights the Sample required for a Rating with an acceptable error/variance of 10% -i,~~ . '.---~" "iia'tipg"",", I 0.05 0.1 0.5 1 2 , '""" I," ·~'T, +/-10% +/-10% +/-10% +/-10% +/·10% +/-iO% 5 - '"~ I . " ,"". ~'" "'--, ~, r. " Ac;:ceptable Error Sample Required 2,689,300 '~37,650 268,690 20,000 '12~500 5,000 Annexure III The Table below highlights the variance in ratings ;;~: 'gj :::; i:~ : ,~. ;. :~} :.. ~ ::i ~ ~; ;::j ' ,:'1 It'.''., . .,.,.,.. , #"W..·.. ·•. i,·,,,"....''''',,••,,,,,,".. .. ' ' ~' ' ' ' . ",..,".."....,.,.',...... ,,'"."...... ,'.".•."." .. , .....,.",""..,.. 'M.·"'......",,,..,.,,...,'.. '.,... t •. ' : . : ••••••••••' ~,:;;",::,~,: '0,~;;,;;"ii::",;,,:;,',":;,,;;;,.,,,,;',ijiW;:"" ,;iiilli.!W;,;i',;" ';i" ,,; ",;",;';'; ~I~ :~ . • ;;~f t?i ?~ :::~ -.-', :::; ::; ;:.~ 'l~:""~'''''- .:~; :.( :H ;::~ ~ I" Eng. Business News •. III Sat 11 :00 13:00 Thu 21:00 - 23;QO Week 25/ CS 4+ / Murnbai Music Genre , ,-, -, Rat oops - r --; i "'fl .. r"'- - B4U -- - rv'!usic . ',:' 0.76 07:00- 09:00 13:00-15:00 0.35 0.73 18:00- 20:200 Week 25/ CS 4+ / All India / Mon-Sun ' _... _': ... ' ... , ," Channel V -- ,MTV 0.14. 0.78 0.6 0.72 0.51 2.,05 __ n,~ _ " . r."" ~ I ~~- , .. /' .: . .. ','. ; ~, ', " '.~. " ...... _. ' - - " - - - ...._... 'l~~ :~ ANHCJltfitt• ;:- p_ ., 16/05/17, 9:56 PM Company Mastar Oota ..': Company Master Data U74999MH20 16PTC284365 ARG OurLIER MEDIA ASIANETNEWS PRIVATE Company Name r, ) ;i.1 LIMITED ROCCode . RoC-Mumbai 284365 Registration Number Company limitedby Shares Company Category Non-govt company Company SubCategory Private Class OfCompany Authorised Capital(Rs) .. . 3500000,0 Paid up CapitaJ.(Rs) . '2577250.0 Number Of Members(Applicable in case 0(. 0 company without Share Capital):. . Date of Incorporation . . 02108/2016 13-170111702 Raheja Atlantis CHS, Ganpatrao Kadam Marg,Lower Parel MumbaiMumbai City MH 400013 Registered Address IN Address other than RIo where all or any books . of accountand'papers are maintained . . .'. Emailldmohit.dhailUle@gI11aiI.com WhetherListed Or not I Unlisted . .. Suspended at stockexchange Date of last AOM bate ofBalance Sheet Active' Company Status(fOr efiling) Charges Assets under charge Charge AmoUnt Date of Creation. Date of Modification No Charges Existsfor CompanylLLP Status Directors/Signatory Details Name' WEEV CHANDRASEKHAR DlNlPAN 00206551 Begin date 24/11/2016 10/10/2016 '19/11/2016 19/1112016 2111112016 AJAY RAMESHCHANDRA GARG , " SAMYABRATA RAY aOSWAMI .: ARNAB RANJAN GOSWAMI' : , MohitJayantiRaghunath Dhamne bb630768 07659191 07659213 AOLP01993J ' .. Page1 of 1 obout:blal'lk " ._.li... (1,,; ' _._------ ....-_ .._. ;', erN .. '!l;i}::L~:;;;;:;;';::~;;;':;i:;!.:~;~;,:;~f,:~i:;~!!.:i~;:; i;\: ;,:i : :;;;;·: : · ;;!;;i;::Uj::Wji-iti;:A§~i;i(i;:· :;; ;:. ~·; .:. i:;:';.: : ;;::: ;.: ;: :.; :/::· :.: :;;: :<;;. ::,.:::..::;...:::,.. :.. :/ .~ •. ,.:: :. ' \~l~ H" :.~: ~~ ',~: ANMf'It\I"-. P-S(."'J TO BE PUBLISHED IN THE GAZEITE OF INDIA,.EXTRAORDINARY, PART III, SECTION 4 • TELECOM REGULATORY AUTHORITY OF INDIA '0' NOTIFICATION New Delhi the 30 th April, 2012 F. No.3- 24/2012- B&CS - In exercise of the. powers conferred by section 36, read with sub-clauses (ii), (iii), (iv) and (v) ofclause (b) of sub-section (I) of section II of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), read with notification of tile Government of India, in the Ministry of Communication and Information Technology .(Department of Telecommunication) No.39,----- (a) issued, in exercise of the powers conferred upon the Central Government under clause (d) of sub-section (I) of section II and proviso to clause (k) of sub-section (I) of section 2 of the said Act, and (b) published under notification No. S.0.44 (E) and45 (E) dated the 9th January, 2004 in the Gazette of India, Extraordinary-Part III, Section 4, the Telecom Regulatory Authority of India hereby makes the following regulations, namely:- THE AND CABLE SERVICES) . TELECOMMUNICATION (BROADCASTING . INTERCONNECTION (DIG ITAL ADDRE~SABLE CABLE TELEVISION SYSTEMS) REGULATIONS, 2012 I No'. 9 of .2012 ';' ... " ... " CHAPTER-I PRELiMINARY commencement- (I) These regulations 1. Short title and may be called the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations, 2012. (2) They shall come into force with effect from the date of their publication in the Official Gazette. 2. Definitions.- In these regulations, unless the context otherwise requires: (a) "Act" means the Telecom Regulatory Authority ofIndia Act 1997 (24 of 1997); (b) "addressable system" means an electronic device (which includes hardware and its associated software) 01' more than one electronic device put in all integrated 'system through , ' , which signals of cable television network can be sent in encrypted form, which' can be decoded by the device or devices, having an activated Conditional Access System at the • premises of the subscriber within the limits of authorisation made, through the Conditional Access System and the subscriber management system, on the explicit choice and request of such subscriber, by the cable operator to the subscriber; (c) "agent or intermediary" means any person including an individual, group of persons, public or body corporate, firm or any organization or body authorised by a broadcaster/ multi system operator to make available TV channel/s, to a distributor of TV channels; (d) "a-la-carte," with reference to offering of a TV channel' means offering the channel individually on'a standalone basis; .. (e) "a-la-carte . rate" means the rate at which a standalone individual channel is offered to the , " distributor of TV channels or to the subscriber, as the 'case may be., (f) "Authority" means the Telecom Regulatory' Authority of India established under sub- section (I) of section 3 of the Telecom Regulatory Authority of India Act, 1997; , ,2 " (g) ' "broadcaster" means a person or. a g~oup of persons, or body corporate, or any organisation or body providing programming services and includes his or its authorised distribution agencies; (h) "broadcasting services" means the dissemination of any form of communication such as signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro magnetic waves through space or through cables intended to be received by the general public either directly or indirectly and all its grammatical variations and cognate expressions shall be construed accordingly; ;., ." :.; (i) "bouquet" or "bouquet of channels" means an assortment of distinct channels, offered together as a group or as a bundle; G) "bouquet rate" or "rate of bouquet" means the rate at which a bouquet of channels is offered to the distributor of TV channels or to the subscriber, as the case may be; (k) "cable operator" means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network and fulfils the prescribed eligibility criteria and conditions; (I) "cable service" means the transmission by cables of programmes including re-transmission by cables of any broadcast television signals; (m) "cable television network" means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers; (n)"carriage fee" means any fee paid by a broadcaster to a distributor of TV channels, for carriage of the channels or bouquets of channels of that broadcaster on the distribution platform owned or operated by such distributor of TV channels, without specifying the placement of various channels of the broadcaster vis-a-vis channels of other broadcasters; 3 .. ". ,'.: ".:.~ .'.' ',' .... ',' ," ',0 .~:: (0) "commercial subscriber" means any subscriber who receives a programming service at a place indicated by him to a serviceprovider an~ uses signals of such servicefor the benefitof his clients, customers, members or any other class or group of persons having access to such place; (p) "DAS area" means the areas where in terms of notifications issued by the Central Government under sub-section (1) of section 4A of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995), it is obligatory for every cable operatorto transmit or retransmit programmes of any channel in an encrypted form through a digital addressable system; (q) "distributor of TV channels" means any person including an individual, group of persons, • public or body corporate, firm or any organization or body re-transmitting TV channels through electromagnetic waves through cable or through space intended to be received by general public directly or indirectly and such person may include, but is not limited to a multi systemoperator; (r) "free-to-air channel", in respect of a cable television network, means a channel for which no subscription fee is to be paid by the cable operator to the broadcaster for its retransmission on cable; (s) "Multi-System Operator" means a cable operator who has been granted registration under rule 11 C of the Cable Television Networks Rules, 1994, and who receives a programming service ,f~om a broadcaster or its authorised agencies and re-transmits the same, or transmits his own" programming service for simultaneous reception either by multiple subscribers directly or through one or morelocal cable operators and includeshis authorised distribution agencies, by whatever namecalled; (t) "ordinary subscriber" means any subscriber 'who receives a programming service from a multi system operator-directly or through his linked local cable operator and uses the same for his domestic purposes; 4 ,~.e- ~cM '~ ~',:"~;", , ""',, ':' ,,' ",' '," " ",',,'. ,. "", '·· .. I\·.",'~\,:, , -,.., ;:.::-,:.;,;~':~~~•• :.~(.:. :.: ~.;,~\;':.: ':.. ::. "'J :'.," .'.~. '._ :: • • • • • • ' ' • • ' '.',' ••••••• ". :; J.':~ :.:';".~~.:.:.~io:.\.:-:•....... " : ".I.'S.. ~.~ ~i " '.' (u) "pay channel", in respect of a cable television network, means a channel tor which subscription fees is to be paid to the broadcaster by the cable operator and due authorisation needsto be taken from the broadcaster for its re-transmission on cable; (v) "placement fee" means any fee paid by a broadcaster to a distributor of TV channels, for placement of the channels of such broadcaster vis-A-vis channels of other broadcasters on the distribution platform owned or operated by such distributor of TV channels; (w) "programme" means any television broadcast and includes(i) exhibition of films, features, dramas, advertisements and serials through video .: .: ;.;. ;.~ cassette recorders or video cassette players; (ii) any audio or visualor audio-visual Ilve performance or presentation and the expression "programming service" shall be construed accordingly; '{ ':.:. :~': ;.", (x) "RIO" means the Reference Interconnect Offerpublished by a serviceprovider specifying terms and conditions on ~hich other service provider may seek interconnection form the serviceprovider making the offer; (y) "service provider" means the Government as a service provider and includes a licensee as well as any broadcaster, multi system operator, cableoperatoror distributor of TV Channels; ( z ) "set top box" means a device, which is connected to, or is part of a television and which allows a subscriber to receive in unencrypted and descrambled form subscribed channels through an addressable system; (za) "subscriber" means a person who receives the signals of a service provider at a place indicated by him to the service provider without further transmitting it to any other person and includes ordinary subscribers and commercial subscribers unless specifically excluded; (zb)"subscriber base" means the number of subscribers reflected in the subscriber management system, of the digital addressable systems; (zc) "subscriber management system" means a system or device which stores the subscriber records and details with respect to name, address and other information regarding the 5 r, ~ . .. . ' ~. hardware being utilised by the' subscriber. channels or bouquets of channels subscribed to by the subscriber, price of such channels or bouquets of channels as defined in the system, the activation or deactivation dates and time for any channel or bouquets of channels, a log of all actions performed on a subscriber's record, invoices raised on each subscriber and the amounts paid or discount allowed to the subscriber for each billing period; (zd) "TV channel" means a channel, which has been registered under ----. (i) the guidelines for uplinking from India, issued vide No. 150l/2/2002-TV(I)(Pt.) dated the 2nd December, 2005; or (ii) policy guidelines for downlinking of televisions channels, issued vide No. 13/2/2002·BP&LlBC·IV dated the 11th November, 2005, ---.---as amended from time to time, or, such other guidelines for uplinking or down linking of television channels, as may be issued from time to time by Government of India (Ministry of Information and Broadcasting) and reference to, the term 'channel' shall be construed as a reference to "TV channel"; (ze ) all other words and expressions used in this regulations but not defined, and defined in the Act and rules and regulations made thereunder or the Cable Television Networks the rules made thereunder, shall have (Regulation).Act, 1995.(7 . . of 1995) and . . . and regulations, . the meanings respectively assigned 'to them in those Acts or the rules or regulations, as the case may be. ,,(,.e: Co f~ f.LM. - '=.,...---, "~ " 6 ~ :i;.~{~;J~:~:~i·~i~;,:t;~~~;;~:~i~~~:;,~k. :\;i:;;!;~;r~~;.~;,::::,;:,~~ . ... ;::\ ~:;~~::·;:,:l; ;:.;::;,;;~;;;:;f~:::{:~:: ;;:::;1~iK~~~~;·. ?~::;. :;;/:;::::.:;;.,::.; ,:.,:,: -. ~.;:": ;':' .. . '," ", I ,i . I I J J I ~ CHAPTER-U INTERCONNECTION. :~ ", ::; . ~. ;~ 3. General Provisions relating to interconnection.-(l) No broadcaster of TV channels shall engage in any practice or activity or enter into any understanding or arrangement, including exclusive contract with any multi system operator for distribution of its channel r, ", which may prevent any other multi system operator from. obtaining such TV channels for distribution. . :', (2) Every broadcaster shall.provide signals of its TV channels on non-discriminatory basis to every multi system operator having the prescribed channel capacity and registered under rule 11 of the Cable Television Networks Rules, 1994, making request for the same. Provided that nothing contained in this sub-regulation shall apply in the case of a multi system operator who is in default of payment. Provided further that imposition of any term which is unreasonable shall be deemed as a denial of request. (3) Every broadcaster or his authorized agent shall provide the signals of TV channels to a multi system operator, in accordance with its reference interconnect offer or as may be mutually agreed, within sixty days from the date of receipt of the request and in case the request for providing signals of TV Channels is not agreed to, the reasons for such refusal to provide signals shall be conveyed to the person making a request within sixty days from the date of request. (4) Every multi system operator while seeking interconnection with the broadcaster, shall ensure that its digital addressable system installed for the distribution of TV channels meets' the digital addressable system requirements specified in Schedule I to these regulations: Provided that in case the broadcaster finds that the digital addressable system being used by the multi system operator for distribution of TV channel does not meet the requirements 7 ,'. {\::~, ~.:.- ;;.,;:: .:'~:':l:,-:;'.": ':.;.: ~.:;'~':!):':~:;: >:.;, ;.::.':';",' :.;.':..';",:'. ~.;~ ~::;:,,:~,~:~:;::{~-:' ':::;H~:~H ~~~:':.:,';:.,' ;:";'::" -:'." ,", :;.,.. ;~ ,.;. :: ':: ,;:'. .:. :::- ';: '.: :,:-..;,; ",,: '..';,,'. ,',.,':.., ,~·'·:·:,:. .,s:·..:~..... l.~.:;(:: •..t·;.·!·; ..;'.... : " .• :.',':, ::.!..~: ..:-. • :, . ..': ..': '.;':: ,;' ':.•,. :.;.:.;.; <, :. ',' :.: .< specified in the Schedule I, it shall inform such multi system operator who shall get its digital addressable system audited by Mis. Broadcast Engineering Consultants India Ltd., or any other agency as may be specified by the Authority by direction issued from time to time and ., -v, obtain a certificate from such agency that its system meets the requirements specified in Schedule I to these regulations: Provided further that the findings of the agency referred to in the first proviso shall be final. (5) A multi system operator, who seeks signals of a particular TV channel from a broadcaster, shall not demand carriage fee for carrying that channel on its distribution platform. (6) If a broadcaster before providing signals to a multisystem operator insist for placement of its channel in a particular slot as a pre-condition for providing signals, such pre- .... ',': ..",i ',.. . ,.1 :t:~ condition shall amount to imposition of unreasonable terms.: '. , . (7) Every broadcaster or his authorised agent who collects payment on behalf of such ." II broadcaster, shall issue monthly invoice to themulti system operator for providing signals to :;H the multi system operator and such invoicels shall clearly specify the current payment dues ~ ;;~~ ~j ,:~'. and arrears, if any, along with the due date for payment. (8) Every multi system operator, operating in the areas notified by the Central Government under sub-section (I) of the section 4A of the Cable Television Networks (Regulation) Act, 1995, shall have the capacity to carry a minimum of five hundred channels not later than the date mentioned in the said notification applicable to area in which the multi system operator is operating. Provided that a multi system operator operating ill the Municipal boundary of Greater Mumbai, National Capital Te~itory of Delhi, KolkataMetropolitan area and Chennai Metropolitan area shall have a 'capacity to carry a minimum of two hundred channels as on the 30th June, 2012 and such capacity shall be enhanced to a minimum of five hundred channels byI" January, 2013: " 8 .. ; ~;. ... ...::.' -, -: . ~. Provided further that all multi system operators operating in the area referred to in the first proviso and having subscriber base of less than. twenty five thousand shall have the capacity to carry a minimum of five hundred channels bythe lSI April, 2013. ::-: (9) No multi system operator shall enter into any understanding or arrangement with any broadcaster that may prevent any other broadcaster from obtaining access to the cable network of such multi system operator. I (10) Every multi system operator shall, within sixty days of receipt of request from the broadcaster or its authorised agent or intermediary, provide on non-discriminatory basis, access to its network or convey the reasons for rejection of request if the access is denied to such broadcaster. Provided that it shall not be mandatory for a multi system operator to carry the channel of a broadcaster if the channel is not in regional language of the region in which the multi system operator is operating or in Hindi or in English language and the broadcaster is not willing to pay the uniform carriage fee published by the multi system operator in its Reference Interconnect Offer. Provided further that nothing contained in this. sub-regulation shall apply in case of a broadcaster who has failed to pay the carriage fee as per the agreement and continues to be in default. Provided also that imposition of unreasonable terms and conditions for providing access to the cable TV network shall amount to the denial of request for such access. Provided also that it shall not be mandatory for the multi system operator to carry a channel for a period of next one .year from the date of discontinuation of the channel, if the subscription for that particular channel, in the last preceding six months is less than or equal to five per cent. of the subscriber base of that multi system operator taken as an average of subscriber base of the preceding six months. 9 ' .. .. .. :.: :.: .: (II) If a multi system -operator before providing access to its network to a broadcaster insist on placement of the channel of such broadcaster in a particular slot or bouquet, such -.' ." precondition shall amount to imposition of unreasonable terms. (12) Every multi system operator shall publish in its Reference Interconnect Offer the carriage fee for carrying a channel of a broadcaster for which no request has been made by the multi system operator: . . . Provided that the carriage fee shall be uniform for allthe broadcasters and the same shall not be revised upwards for a minimum period of two years from the date of publication in the Reference Interconnect Offer. (13) Every multi system operator or his authorised agent who collects on behalf of such multi system operator the carriage fee from 'a broadcaster shall issue monthly invoice/s to .' such broadcaster .. and such invoice/s shall clearly specify the current payment dues and arrears, if any, along with the due date of payment. (14) Every multi system operator or their authorized agent shall provide the signals of TV Channels to a local cable operator in accordance with its reference interconnect offer or as may be mutually agreed, within sixty days from the date of receipt of the request and in case \ the request for providing signals of TV Channels is not agreed to, the reasons for such refusal to provide signals shall be conveyed to the person making a' request within sixty days from the date of request. (I 5) Every multi system operator or his authorised agent who collects on behalf of such multi system operator the payment. from the local .cable operator for providing signals shall issue monthly invoice/s to such cable operator and suchinvoice/s shall clearly specify the current payment dues and arrears, if any, along with the due date of payment. (16) Every demand of arrears under these regulations shall be accompanied by the proof of service of invoices for the period for which the arrears pertain. 10 CHAPTER- III REFERENCE INTERCONNECT OFFER 4. General Provisions relating to Reference Interconnection Offer.--(l) Every broadcaster shall, within thirty days of commencement of these regulations, submit to the Authority its Reference Interconnect Offer specifying the tec~ical and commercial terms and conditions including the terms and conditions as mentioned in Schedule II of this regulation and publish it on its website. Provided that a broadcaster may submit different interconnect offers for different types of digital addressable system. (2) No broadcaster shall, directly or indirectly, prohibit any digital addressable cable TV system operator from providing its services to any subscriber. (3) A broadcaster may specify different Reference Interconnect Offers for supply of signals by the multi system operators to different categories of commercial subscribers such as(a) hotels with rating ofthree stars and above; (b) heritage hotels, as specified in the guidelines for classifications of hot~ls issued by the Department of Tourism, Govt. of India ;.' (c) any other hotel, motel, inn and other commercial establishments providing boarding and • lodging having fifty or more rooms; and may also specify different reference interconnect offers for programmes telecast on the occasion of special events and viewed on payment basis by fifty persons or more at a place registered under the applicable law for such 'viewing: Provided that the Reference Interconnect Offer applicable for ordinary subscriber shall also apply for the commercial subscribers other than those specified in this sub-regulation. (4) Every broadcaster shall modify their existing ReferenceInterconnect Offer within . .' thirty days of commencement of these regulations so as to bring them in conformity with ...•. provisions of these regulations. ~':; . ' .. II ..... :", .', ... ".:....~:.,,;.•.:. '·:';H~~.t,:.:.F.-.~I" ,":.. " .', .. :',.' •.•.. ~..~ •.;"J: .. (5) Any broadcaster, who begins its operation after the commencement of these regulations, shall, thirty days prior to commencement of its operations, submit to the Authority its Reference Interconnect Offer and publish such offer on its website. " (6) ' Every broadcaster shall submit to the Authority within seven days any amendment made in its Reference Interconnect Offer and simultaneously publish such amendments on its website in the same manner in which· the, original Reference Interconnect Offer was published. (7) Every multi system' operator shall, .within thirty days from the date of commencement of these regulations publish its Reference Interconnect Offer specifying the technical and commercial terms and conditions for providing access to its network by the broadcaster and submit a copy to the Authority. (8) Every person or firm or company who begins its services as multi system operator shall, before providing its services, publish its Reference Interconnect Offer specifying the' technical and commercial terms and conditions for 'providing access to its network by the broadcaster and submit a copy to the Authority. (9) The Authority may, in order to protect the interest of the consumer and the service provider and to promote and ensure orderly growth of broadcasting and cable services, direct the service provider to modify its Reference Interconnect Offer. ,";. '.; 12 .,' '. ::: ~::. .. i;\ ;(.:~",.:: .."".;..; ~ ."".;.:... \!!~. :.:." \!!.·.~,!h',: ~ '". '.".' '.....\',,,,' • 'I:'~;;~J/::;~~ ..;. '\. ,~,,~/~\~ ..... , '. :.: .. ' ;l, '. ,'... ~; ... ' It:" ';..~ ..,...;....,'...';'..,,,-:.",..;...~:. ,0.: '., .'..', .'•.:.... ",', .~...~.;•.•,..... to.: :-:•.• $:••~;.... ::., "':' ',. ", ..•.. •.'~".~I""" .. ..":.. .... : .', '....~ .. ......... I' l :', ? .~ ..;. .,. . CHAPT E R~ IV INTERCONNECTION AGREEMENTS 5. General Provisions relating to interconnection agreements- (1) A multi system operator may enter into an agreement with the broadcaster in accordance with the terms and conditions of the Reference Interconnect Offer published by the broadcaster on such nondiscriminatory terms and conditions. (2) Every broadcaster shall, who publishes revised Reference Interconnect Offer after the commencement of these regulations, give an option to all multi system operators to enter into an agreement in accordance with the revised Reference Interconnect Offer and it shall be open to the multi system operator to enter into fresh agreement or continue with the existing agreement. (3) Every broadcaster shall, within a period ofthirty days from the date of receipt of request from the multi system operator, enter- into an interconnection agreement or modify the existing interconnect agreement in accordance with the terms and conditions of the Reference • Interconnect Offer published under these regulations or as may be mutually agreed. (4) Every broadcaster shall offer all its channels to the multi system operator on a-la-carte basis: Provided that the broadcaster may, in addition to offering all its channels on a-la-carte basis, offer its channels in the form of bouquet. (5) No broadcaster shall compel any multi system. operator to include its channels or bouquet of channels in any package or scheme offered by the multi system operator to its subscribers. ' .. (6) It shall be mandatory for the broadcasters of pay channels to reduce the terms and conditions of the interconnection agreements into writing. (7) No broadcaster of pay channels shall make available signals OfTV channels to any multi system operator without entering into a written interconnection agreement. 13 ..... .... , i. ~ .:: ;; ;:, L ...... . ..', ' .. (8) Nothing contained in regulations '(6) or'..(7) shall apply to any supply of signals or continuance of supply of signals of TV channels by a broadcaster in pursuance of or in compliance with any-order or direction or judgment of any court or tribunal, including any .', ;:~ ..;. order or direction or judgment of any court or tribunal on any proceeding pending before such COUIt or tribunal. (9) It shall be the responsibility of every broadcaster of pay channels who enters into an interconnection agreement with a multi system operator to hand over a copy of signed interconnection agreement to such multi system operator and obtain an acknowledgement in thisregard within a period of 15 days from the date ofexecution of the agreement. (10) In case a broadcaster-wants to modify its interconnection agreement entered into with a multi system operator, it shall give a notice of thirty days to the multi system operator and any modification in such agreement may be made as per the terms and conditions of the Reference Interconnect Offer published by the broadcaster underthese regulations or as may be mutually agreed. (II) In case the broadcaster and the multi system operator fail to enter into an interconnection agreement, such broadcaster or multi system operator, without prejudice to the provision ofsection 14 A of the Act or any otherlawfor time being in force, at any time, may make a request to the Authority to facilitate the process of entering into such agreement and the Authority may issuesuch directions to the broadcaster and the multi-system operator as it may deem fit. (12) Nothing contained in sub-regulation (II) shall apply to any matter or issue pending adjudication before any court or tribunal or in respect of which a decree, award or an order has beenpassed by a courtor tribunal. (13) The interconnection agreement between the multi system operator and its linked local cable operator shall have the details of various services rendered by the localcable operator to the multi system operator and the charges to be paid by the multi system operator to the Uj local cableoperator for theseservices. ~;;; ~~~ ~:.; 14 n>:. .;;:. ~ .; .!:N .,;) );;! .:~: :.' <~~ !'!1 ,:.: '., U:.;:..::.: ,.: . :.:.::..;.::::: ,: .;::.:::,:.:;;:;,:::.;.; :.:. :,:·:i:..:-:···:.";:::::·W·:·;·;·;·:.·.<·~:·:·:·:·;~':·;· ;.; ..,: : : .. " : :..': :; w:·.. ;·.·.·,: ~.:·:·: •..>: :·!·~~.:· " ·.·:·:~•.•!·w·· .:; '. ::: ',' :;: (14) The interconnection agreement between the multi system operator and its linked local cable operator shall clearly earmark the responsibility of generation of subscribers' bill by the multi system operator and the roles and'responsibilities of the multi system operator and its linked local cable operator on conformance to the quality of service regulations issued by the Authority from timeto time. (15) It shall be open to a multi system operator to decide the packaging of the channels offered to the subscribers from bouquet of channels provided to it by the broadcaster: Provided that in case the multi system. operator does not offer to a subscriber the entire . . bouquet of channels provided to it by' the broadcaster but only certain channels'of such bouquet or packages the channels of such bouquet in a manner resulting in different • subscriber base for different channels of such bouquet, the payment to the broadcaster. for such bouquet shall be calculated on the basis of the subscriber base for that channel of the bouquet which has highest subscriber base. (16) Every service provider shall 'enter into a new agreement before the expiry of the existing agreement and in case the service provider fails to enter into the new agreement before the expiry of the said agreement, the provisions of the existing agreement shall continue to apply till the new agreement is entered into between the service providers or for the next three months from the date of expiry of existingagreement, whichever is earlierand , if the service providers are able to enter into an agreement before the expiry of the said three months, the newagreement shall apply from the dateof expiry of earlieragreement: " ' Provided that if service providers are not able to enter into a new agreement, they may be entitled to disconnect the signals of TV Channels by giving three weeks noticepublished in two local newspapers, out of which one shall be published in the,newspaper of the regional language of the area for which the said agreement is applicable. (17) It shall be mandatory tor the multi systemoperator to reduce the terms and conditions of the interconnection agreements intowriting. (18) No multi system operator, shall make available signals of TV channels to any linked local cableoperator without entering into a written interconnection agreement. 15 ,:; (19) Nothing contained in regulations (17) or (18) shall apply to any supply of signals or continuance of supply of signals of TV channels by a multi system operator in pursuance of or in compliance with any order or direction or judgment ofany court .or tribunal, including any order or direction or judgment of any court or tribunal on any proceeding pending before such court or tribunal. (20) It shall be the responsibility of every multi system operator to hand over a copy of signed interconnection agreement who enters into an interconnection agreement witha linked local cable operator/s to hand overa copy of sign~d interconnection agreementto such cable operator-and obtain an acknowledgement in this regard \.Vithin a period of 15 days from the date of execution of the agreement. :~.: (21) No service provider shall demand from any other service provider a minimum guaranteed amountas subscription fee for the channels provided by such service provider. 16 ':;: '.; ,.' :;~ _,.Ii.. '.' ., •••••.••.••'••..•• , , ." .. "".-.:,' :.;" ,,,,V., CHAPTER-V DISCONNECTION OF SIGNALS OF TV CHANNELS 6. Disconnection of signals of TV Channel .- (I) No broadcaster shall disconnect the signals of a TV Channels of a 'multi system operator without giving, three' weeks notice to , " such multi system operator, clearly specifying the reasons for the proposed disconnection. (2) No multi system operator shall disconnect the signals of a TV Channels of a linked local cable operator, without giving three weeks notice to such local cable operator, clearly specifying the reasons for the proposed disconnection. (3) No multi system operator shall disconnect the re-transmission of any TV channel without giving three weeks notice to the broadcaster, clearly specifying the reasons for the proposed disconnection, (4) No local cable operator shall disconnect the 're-transmission of any TV channel without giving three weeks notice to the multi system operator, clearly specifying the reasons for the propos~d disconnection. '. ' (5) Every notice of disconnection of signals of TV channel under sub-regulation (I), (2), (3) and (4) and every notice of disconnection of re-transmission of TV channel under subregulation (2), (3) and (4) shall be published in two leading local newspapers of the State in which the service provider is providing the services, out of which one notice shall be published in the news~~per in local language; (6) The period of three weeks specified under sub-regulation (1), (2), (3) and sub- regulation (4) shall start from the date of publication of the notice in newspapers or the date of service of the notice on service provider, whichever is later and in case the notices are published in newspaper on different dates, the period of three weeks shall be counted from the later of the two dates. 17 0" ~/ :" ~": :::~: ::> .;:",,.;:..,'.;.:" .:,:.:~.\.;:.;.":':':' I:': 'r.: ;.;..:::",:', ...' .:: .\~; .:.:, ~~:.~~:-:.' :~~;,;;.':':';" ',' ..:..:: ,'. .. :. -.;.' ',:.,. .', ,;, ,", ." ....;. ::',' '.. , "', .,' . '.", .. '. ' ,.:." . ·.• :·;<'O.:.:It:·'.·.. I' Ij :~ CHAPTER- VI MISCELLANEOUS 7. Conversion of free to air channel into pay channel or a pay channel into free to air channel- A channel once declared free to air channel.or pay channel shall remain such channel for at least a period of one year and anybroadcaster shall, before converting a free to air channel into pay channel or a pay channel into free to air channel, inform the Authority and shall give one month's notice before such' conversion iri two local newspapers, out of which one shall be published in the newspaper of the regional language of the area in which such conversion takes place. 8. Intervention by the Authority .- The Authority may, in order to protect the interest of the consumer or service provider or to promote and ensure orderly growth of the broadcasting and cable sector or for monitoring and ensuring compliance of these regulations, ..... by order or direction, intervene, from timeto time. ~ 9. Reporting Requirements- (I) Every multi system operator shall submit to the Authority information, in the proforma specified in Schedule-III to these regulations, all interconnect agreements entered into by it with the broadcaster and local cable operator and subsequent modifications made therein. (2) Every existing multi system operator shall submit to the Authority by 31SI July, 2012, all interconnect agreements entered into by it and amendments made therein prior to the date of notification of these regulations, (3) Every multi system operator commencing its services after the notifications of these regulations shall submit to Authority its interconnection agreement within thirty days of entering into the agreement or 31sl July, 2012 whichever is later. (4) Every broadcaster shall' furnish'. the details of carriage feepaid by him to the multi system operator along with the information furnished by him under the Register of • Interconnect Agreements (Broadcasting and Cable Services) Regulation 2004 (IS of 2004), 18 1. ••• ,' ' -, !::!: " .) )11.... :.: ::..: : ::..:.':!::.:;,:;:.;::, ':'. '.: :;.:.: :: "·: "i:;"':.:": :;i: ~:IH: ":'>:;'· : ·:·.'·;·":·":·.:;" :~:.: .•:.: ;.,,,.::" :,' .' .. ' ·::I.'::,.l;': ..··.;·:·.. :?'_::,..;·: ..':: ,~:'..,::<.,. ,'. " .... . ...: ~ ', as amended from time to time. Such information henceforth shall also include details of carriage fee paid to the multi system operator by the broadcaster. . :., ... :., (Wasi Ahmad) Advisor (B&CS) Note.-----The Explanatory Memorandum explains the objects and reasons of the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable CableTelevision Systems) Regulation, 2012. " ' .. ;.; " 19 j J ; ~ :] .; ~ 4{I.1\ , 0" Annexure Explanatory Memorandum I. Background 1. On 10.12.2004, TRAI made an interconnection regulation applicable for broadcasting and cable TV sector. The regulation was called the "Telecommunication (Broadcasting and Cable Services) Interconnection Regulation 2004 (13 of 2004)". There have been six amendments made to this regulation. 2. The interconnection regulations provide for the basic structure on the matters of interconnection. These regulations cover arrangements among service providers for interconnection and revenue share, for all broadcasting and cable services. The main features of the regulations are: provision of 'must provide' (i.e, non discriminatory access) for the broadcasters and the provision for 'disconnection of TV signals'. The regulations prescribe notice period for disconnection. In the notice for disconnection, the reasons for disconnection are to be given. No notice for disconnection is required if there is no written agreement permitting distribution of signals. For the information of the consumers, it has been provided that the notice for disconnection should be published in newspapers in accordance with the relevant provisions of the regulations. These regulations also provide for publishing of Reference Interconnect Offer .:by broadcasters for non-addressable as well as addressable cable TV systems. 3. In the last few years, the exponential growth in the number of TV channels (both Free To Air and Pay) combined with the inherent limitations of the analogue cable TV systems, has posed several challenges in. the cable TV sector, mainly due to capacity constraints and . . . non-addressable nature of the network. With time and evolution of technology, new addressable digital TV platforms like DTH, IPTV etc. were introduced to the masses. The o evolution of technology also paved way for bringing about digitization with addressability in I the cable TV sector. Accordingly, after studying the subject at length and undertaking a public consultation process, the Authority, on 5th August 2010, gave its recommendations on implementation-of Digital. Addressable Cable TV Systems (DAS) across the country along with lV0admap to achieve the same.. Page 36 of45 ' .. ;:: ::~ :?:::;.,':::: ~ .,;:::': ',~,; :{. ::'~~:.::; I~:~:::~I!:';;':: ::';": ;:'::;':; :,';"; :;';: :.:; :;'~;:~::::;~:~*':~~:7:F~r:l;::': ":~'. ':: !:,:::::: ,\::~:.;.:~.•.:;.:, ~;;\\';~~;';: ;,:~:.:;.:.~.:: ::"::::. a:g..;:. ;:.~::.~~!:.:;::. ~:':..::~·:~:~~:$~S:~:··,·:~i:-~~:::.;: .. :.,';: '~'::::~' ;{; :;.;{~rr.-.~:~.;-.:.:, .{,:'f,::. ' ;1,::: ... ,; :'. ., 4. The Government, on' 25th October, 2011, issued an Ordinance amending the Cable Television Networks (Regulation) Act, 1995, paving way for the implementation of digital addressable cable TV systems in India Thereafter, the Government also issued a notification '.:' ,', ',' '.~ n' " dated 11lh November, 2011, which laid down the roadmap for implementation, in a four phased manner, from June 2012 to December, 2014. The Ordinance dated 25th October, 2011, subsequently, in December, 2011, became an Act. 5. Considering the amended provisions of the Gable Television Networks (Regulation) Act, 1995, and the notification dated i 1.11.2011 mentioned above, the Authority initiated a consultation process on the issues relating to implementation of digital add,ressable cable TV systems. In this connection a consultation paper 'titled "Issues related to Implementation of , ' Digital Addressable Cable TV Systems" was issued on 22;12.2011. The issues for consultation related to the amendments to the existing interconnection regulations, the '~'. subscription revenue share between the MSO and LCO, whether "must carry" provision should be mandated for the MSOs, whether the carriage fee is to be regulated and whether there should be a specified standard interconnection agreement between service providers applicable for DAS areas. An Open House Discussion (OHD) was also held in New Delhi on 13th March, 2012. II. Analysis of issues 6. The following is a summary of main issues, comments: of the stakeholders and analysis thereon. .' .~ Note: To make it convenient for e~e of reference and understanding by all the stakeholders, the instant regulations consolidate all the ,earlier interconnection regulations. and the regulations now made are applicable for digital addressable cable TV systems. A. Suggested Amendmen~s to Interconnection Regulatlons The issue for consideration was whether any of the existing clauses of the Interconnection Regulations require modifications. Page 37 of45 " ~, ..; ~: ;;,:,,;~: .:;.;.t':;:;':I:~' .;:;:. ,~:~. :.~;.:.!~j~~li:;l';".~;~: :~'~;.: :.:.::.;; ·-:::{~~~;~~:·:~$~;.~~·.)h~·"!~·:~f:.:';':':'~·'" :~.,: ;:.. :(.::: '. ·,.... ~..t.!:/•.::.;,.,::'.'.. ~. :',.:.;:..;'.:.. : '......• ::....,:: ":::.,~J.~~.:o:~ ... ?~>.~M,':h~~~··" t·,' '.:' ',..:,.': ',,~,~.:h~:"f·'· '.. . . ' ;.... : /'/:¥' .' . :. ,,;. 7. During the course of the consultation process, broadcasters/aggregators suggested modifications in certain clauses of the existing interconnection regulations such as reduction in notice period for disconnection of signals, procedure for auditing of the Subscriber Management System (SMS) of the service provider and on the technical side it was suggest that a provision be made in the interconnection regulations for integration of -,' .:.' ~~~: :'; SMS and the Conditional Access System (CAS) so as to ensure complete addressability of the system. It was also suggested that the provisions may be made in the regulations for anti piracy and fingerprinting measures and for making provision for filing of interconnect agreements by MSOslLCOs and also a provision for minimum period of subscription, It was also suggested that clause 3.2 of the Telecommunication (Broadcasting and Cable Services) Interconnection Regulation, 2004, relating to "must provide" may also be qualified by making it inoperative in cases of service providers who have failed to comply with any of the regulations. It was also suggested by the stakeholders that certain definitions in the existing interconnection regulation may be required to be, amended to bring them in line with the provisions of Cable Television-Actas amended in 2011. Some MSOs expressed the view that they are not in favor of any modification in existing clauses. Some of the LCOs have suggested that there is a need to amend the clauses of interconnection regulations relating to the notice period for disconnection and for making provisions for revenue sharing arrangements. ~~ ..-." , ~ 8. On the issue of filing of interconnect agreements by the MSOs, the Authority considered the suggestion and decided to incorporate a provision in this regard in this regulation so as to . bring in the transparency in the system. A provision has been made in this regulation for reporting the details of interconnect agreements by the MSOs along with the details of carriage fee paid by the broadcasters. The reporting requirement, prescribed in the present regulations, m~es a prov~sion for the broadcasters to file the details of carriage fee paid by them. On the issue of amendments to defmitions, the definitions such as "addressable system", "broadcaster", "cable operator", "multi system operator", "pay channel" "subscriber management system" have been aligned with that of the amended and Cable Television Networks (Regulation) Act, 1995 and also, the, amended Cable Television Networks Rules, 1994. On the issue of minimum period of subscription, a provision has been made in the Telecommunication (Broadcasting and Cable) Services (Digital Addressable Cable TV Areas) Tariff Order, 2012. On the issue of Notice period for disconnection, the Authority, considered :~~e fact that the notice period should be sufficient for the affected Page 38 of45 .......... ".:. :~ :'•• e, · '.' parties to be able to approach the appropriate forum to plead for intervention and to give the consumersan opportunityto approachthe necessaryforum. The Authority, therefore, decided that the existing period of the notice of 21 days is to be retained. On the suggestion of the audit of' SMS, the "Authority co~sidered the fact that' the existing provisions of the interconnect regulations provide for upto two audits in a calendar year. The Authority felt that this is sufficient opportunity for audit and, therefore, decided that there is no need to modify the existing provisions in this regard. .On the issue of integration of SMS and CAS, the Authority observed that the existing interconnection framework provides for integration of SMS and CA system for activation and: deactivation process from SMS to be simultaneously done through both the systems. The Authority is of the view that this provision is adequate and therefore no change is required. On the issue of Anti Piracy and fingerprinting the Authorityobserved that the existing framework provides that operator shall deploy finger printing mechanisms to detect any piracy, violation'.of copyright and unauthorized viewing of the Channels, distributed / transmitted through its platform. The Authorityis of the view that this provision is adequate and therefore no change is required on this issue. On the issue of Qualified "Must Provide", the Authority observed that the violations of regulations are to be dealt with as per the provisions of the TRAI Act, 1997. The Authority is, therefore, of the view that no further qualifications are required in this provision. B. The "Must Carry" provision ' 9. The issue is that should the 'must carry' provision be mandated for the MSO. If so, what should be the qualifying conditions and the manner in which an MSO should offer access to its network for the carriage of TV channel. The majority of the broadcasters are in favour of mandating must carry provisions to balance out the 'must provide' clause prescribed in the existing interconnect regulations. They have suggested that the manner of offering network access should be on a non-discriminatory basis and the qualifying conditions may include openness to audit & transparency, non-discriminatory listing of channels and all channels should feature genre-wise in the EPG of MSO. One broadcaster has also suggested that the 'must carry' provisionsneed not be mandated. 10. Majority of the MSOs and LCOs have suggested that there should not be any must carry provision. Some of them have suggested that it can be mandated only for DD channels. Regarding the manner, one LCO has suggested that Carriage fee should be the qualifying Page 39 of45 , .. '~" .'~''''.' .. . '. . " . \~ condition for all 'must carry' channels except Doordarshan channels. Few LeOs have supported the must carry provision and stated that it should be regulated by TRAI. Other c· stakeholders who have offered their comments are not in favour of 'must carry' provision. '. I I. In the digital transmission environment, the capacity to carry the channels is very high. So one of the main advantages ofa digital environment to the subscriber is the availability of large number of channels. However, there is ~ ,component of cost to carry channels. If the operator is compensated for the cost of carriage of a channel,there should not be any technological or other infrastructural constraints for the operator to carry a channel. , Further, as per the Cable Television Networks (Amendment) Rules, 2012, the channel carrying capacity ~fthe multi system operator is to be specified by the Authority. 12. The analysis of the operational channels (Annexure-A attached with this Explanatory Memorandum) shows that the maximum number of channels that are relevant to a State or Union Territory, language-wise, are 473 (in Andhra Pradesh) out of the 650 operational private channels (as on April, 2QI2). Besides this there are 18 channels of the Prasar Bharati . " and one Lok Sabha channel (in total 19 channels) that may also be relevant for all the States and the VTs to cater to the infotainment requirements of minority populace of these States and VTs. It is also noted that the Ministry of Information and Broadcasting has granted permission to 831 channels under uplinking/downlinking guidelines, as on 6 th March, 2012. It is also likely that certain more channels may get operational by 1.1.2013. Thus, it is logical that maximum number of channels' that maybe required to be carried in a digital addressable cable TV system network, for present, is taken as 500 channels per headend, Therefore, the present regulations provide for creating a capacity of 500 channels per headend by 1.1.2013. Further, it has been seen that there are two types of MSOs viz., large sized MSOs having subscriber base of more than 25,000 'subscribers with upper limit running into lakhs of subscribers and smaller MSOs having around 25,000 subscribers or . :. lesser number of subscribers. Due to the larger size of operations, the large sized MSOs are better equipped to hav.e.. the capacity to set up digital addressable cable TV systems in lesser time than the smaller 'sized MSOs. 'Therefore, to providemore time to smaller MSOs to create capacity of 500 channels per head end, the time line has been prescribed as 151 April, 2013 and for the large sized MSOs, the time line has been, kept as 151 January, 2013. However, considering the fact that the four metros of Delhi, Mumbai, Kolkata and Chennai are to go digital on 151 July, 2012, and many of the.MSOs may not be able to create a capacity Page40of45 :~' ',' . :'."j .' i.'.-'.6, .'."},',I,,x ).'.>J.•,-, 'J,.•..• " .•.. , ' ':' ' , ..•... '. :':I.':.:"'~':':'.I· :':"'~::"':'~ :.:,"~" "",:.;. '; .".~ •.~.:, ;~:I,';.;": :.. ' .;.; -r., ';'.. '. .o."': '.".;.: '.: '.:..' : .. '.', .~'."•.I""'''';'.·:·'·':':'~-:.··:';I.:W;''':·r:~: :.: '.-;-:::;:-.: ~.i;::;:~-::=!."".:.~~..."..,..-.,.,.....,,-=,...., • " '. • ,'~.'" . . ' . O ( ' ' ' , . . . . . .' . • •• , ' to carry a minimwn 500 channels per headend by this date, in the first instant, they have been allowed to operate with a minimum capacity of 200 channels pet headend. 13, To allow the multi system operator to provide the access to its cable network smoothly, a time frame of sixty (60) days has been provided for in the regulations which is equivalent to the time frame given to the broadcaster under the must provide provisions. In no case this time period be more than sixty days (60 days) from the date of request seeking access to the network of the multi system operator. 14. A responsibility has also been cast upon the broadcaster or the access seeker to the cable network of the MSO under the provisions of 'must carry' to ensure the subscription of the channel at a minimum level of more than or equal-to five per cent. (5%) of the subscriber base of that MSO taken on an. average of subscriber bas~ for the preceding six months. In case of failure to maintain this subscriber base, the network provider, in his discretion, can refuse to grant further access to the network for a period of next one year. Such a refusal would not be considered a violation of the "Must carry" provision. C. "Carriage fee" 15. The issues are should the carriage fee be regulated and if so, should its quantum be linked to some parameters. NewsBroadcaster Association is of the view that carriage fee should be regulated. This Association is of the view that if must carry is mandated, the question of carriage fee does not arise. Majority of the broadcasters and one association of broadcasters are not in favor of regulating the carriage fee and have suggested that it should be based on the mutual negotiation between the broadcaster and MSO. Few who favored suggested that the parameters can be the subscriber base of the MSO, number of STB installed etc. One of the broadcaster suggested that carriage fee should not exceed 10% of the subscription fee collected for the channels not covered under the must carry mandatory clause. 16. MSOs are not in favor of any kind of regulatory intervention on carriage fee. Most of the LeOs are not in favor of regulating the carriage fee. Some of the LCOs suggested that the carriage fee should be regulated and can be linked with the no. of STBs installed, gross collection of subscription amount, size and locality of the n~~ork etc. Some LCOs are suggest~g that LCO should also get a part from the carriage fee.. Page 41 of45 " " :i::~:;' ::.~ :;~: ;::'..': :>:::;f':::" !: ::.:.::~~:~~'~~r:; ;'. ::.:(',:'':;:;: ~,::::;;::;j'!.~:·:::~;H~:~;\:;;~~~~,:~:~:,~:.:~g~;;:: :\':;l~;': :~;:\;~,~:.~::. ~:::,\ ~:,?: :";,':: :.,~.: :>~ ..;;.: ': .:: ;~:.-: :', ';';::".:':.:; ,':. ',::~;;.~:i, ·:.:::~r:Hi~~: ," ; ~" 0 :.; .:.:~.: ::.:~~~;~;;o .'0'" 0,,: ::•.: ': .. :,' 0;';;0' • ·:: 17. In the addressable systems, due to transparency in ascertaining the number of subscribers, the subscription revenue is expected to go up. Therefore, tI;1e dependence of MSOs on the carriage fee, as a source of revenue, is likely to be reduced. Considering all the .:~ aspects, the Authority is of the view that there, is a need to regulate the carriage fee. Accordingly, the following scheme has been worked out. The MSOs who charge carriage fee are required to declare the carriage fee for carrying a TV channel. The carriage fee shall be charged in a non-discriminatory and transparent manner. Also the carriage fee can not be revised upward for a minimum period of 2 years. The details of the carriage fee is to be filed with the Authority. In case the Authority finds it necessary, it shall intervene and ask for appropriate modifications in the'carriagefee. •D. Standard Interconnect Agreement (SIA) 18. The issue is whether TRAI prescribe a standard interconnection agreement between .:;. service providers. Nearly half of the broadcasters who offered their comments on the issue are not in favoiir of prescribing SIA by the Authority whereas others are in favour of SIA prescription by the Authority. Those who favoured, suggested that the piracy and termination clauses should be reviewed. 19. MSOs are in favour of SIA prescription by the Authority .except for one MSO who has suggested that RIO based mechanism, has worked well forD'Flf sector, so it should be extended to DAS. Majority of LCOs are in favour of SIA whereas some of them have suggested that there is no immediate requirement of SIA. 20. The Authority is ~t the view th~t as the interconnection regulations already provide for the necessary regulatory framework for addressable systems, in the form of RIO, which were not there in the year 2006 when SIA was prescribed for CAS, there is no need for prescribing Standard Interconnect Agreement between Broadcaster and MSO .and also between MSO and LCO in the Digital Addressable Cable TV System. The Authority is of the view that the RIO based prescription'should prevail in DAS also, E. Advertisement free (ad-free) channels 21. The issues are what should be the provisions in the interconnection regulations in respect of advertisement free channels and what should be the revenue sharing arrangement between the broadcasters and distributors in respect of such channels. Some broadcasters and an MSO Page 42 of 45 ., • ·s::;·.··.·•. stated that existing requirements/stipulations of Interconnect Regulations, viz. 'must provide' should not apply to advertisement free channels and the broadcasters & respective service ~; :.~ :::..• ~ providers should be free to enter into agreements on mutually acceptable terms in order to provide incentives to all the players in. the value chain to create, develop and market new innovative and non-mass-market advertisement based television content. Majority of other stakeholders, who have responded to these issues,Say that the provisions of the existing interconnection regulations should be applicable to advertisement free channels also so that consumers are not deprived of such channels. Some cable operators are of the view that provisions of the interconnection regulations as applicable to the notified CAS areas should be applied for the advertisement free channels. As far as the sharing of the subscription . . revenue of the ad-free channels is concerned, all the broadcasters have expressed the views that it should be left for the commercial negotiations between the service providers. Some of the other stakeholders hav~ suggested that revenue share be decided in the same way as any other pay channel while others have suggested different percentages for broadcaster, MSO and LCO, however, without any justification for this suggestion. 22. The issue of rates of advertisement free channels and sharing of subscription revenues of such channels has been dealt with by separately in the provisions of the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff (First Amendment) Order, 2012. Authority is of the view that there is no need to change the existing policy ofleaving it to the market forces. To prevent denial of the signals of the channels by the broadcaster to the MSO or denial by the MSO to carry the channels, such channels can not be mandated to be outside of the purview of the clauses on 'must provide' and 'must carry' of the interconnection regulations as this would not be in the interests of the consumers. ******* Page 43 0{45 ..~'_ ..... _ . _ - - - - . - ' - _..__.- .-...M - r - - . - - - - _._.... TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PARTIll, SECTION 4 TELECOM REGULATORY AUTHORITY OF INDIA NOTIFICATION New Delhi the'141~ May, 2012 -v.. w: I F. No.3- 24/2012· B&.CS - In exercise of the powers conferred by section 36, read with sub- clauses (ii), (iii), (iv) and,(v) of clause (b) of sub-section (I) of section II of the Telecom Regulatory Authority of ind,ia A~~, '1997, (24."of 1997), read with notification of the Government of India, in the Ministry of Communication and Information Technology (Department of Telecommunication), No,39,-:-·":': . . ,. . .. , (a) issued, ln exercise of the powers conferred upon the Central Government under clause (d) of , sub-section (1) of section 11 and proviso.to clause (k) of sub-section (I) Of section 2 of the said Act, and (b) published undernotification No.~.0.44 (E) and,4S ,(E) datedthe 9th January, 2004 in the Gazette of India: Extraordinary, Part Ill, Section 4, the Telecom R~gulatory Authority of India hereby makes the follo,wing regulations.uamelyi- THE TEU:COMMUN'ICA ~ION (BQ.OADCASTING ANn CAnLIl: SERVICES) INTERCONNECTION.Q:>IGI'1'AL ~1>lU:SSAllL:£ CABL$:tELEV~ION SYSTEMS) . . .. (Fmst AMENDMENT) lU:GULA TIONS, 2012 ,No., 14 'of 2012 1 '.".:':" ..• j . , ·.•,.•.•i •..·•. ·.•••· ·. .'. i •.•.•: ••.•• .- ... ir"'!i;~~';."''';-;~;~";';',''ii';;; ";",,,;;;,;,,;;;;;,;',;,:;",,",; ,: ';: ,!',;,;, """~;";;";."";,,,;,,,,,,' ,h -. , ; , ' ' ' ' ' - ' ," ., ::~ ::~: ..'.' .f~ .',' :::= :::: .... ::;: :.:~ ".: ~" >; 1. (I) These regulations may be 'called the Telecommunication (Broadcasting and Cable . . " ,S.ervices) ' r~terconnection ~DigitarAddressable CableTelevision Systems) (First Amendment) Regulations, 2012, , (2) They shall comeintoforce from the date of their publication in the Official Gazette, 2. In regulation 3 o,f the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressabl~ Cable Television Systems) Regulations, 2012 (hereinafter referred to as the r-. principal regulations), after.sub-regulation (II), the'following sub-regulation shall be inserted, namely» - .... ::~~: "(IIA) No multi system operator.shall.demand from a broadcaster any placement fee," '." ::::: ~(! 3. In regulation 4 of the principal regulations, after sub-regulation (8), the following 'sub- : ...... ;. regulation shall be inserted, namely» "(SA) Every Referenc~ ." lntercomi.~ct 'Offer submitted to the Authority ~nder sub-regulation (7) and sub-regulatiou (8) shallalso contaln the basisOn whichthe carriage fee'payable by the broadcaster hils beendetermined." 4. 11'1 regulation (5) of the principal regulations, after sub-regulation (14), the following sub- regulation shall be inserted, namely:~.' .", .~ "( 14A) Every broadcaster shalldeclare the genreof its ch,annels and such genre shall be either News and Current Affilii-s or Infotainment Or Sports or Kid,~.or Music or Lifestyle i!1 or Movies or Rellgious or Devotlonalor General Entertainment (Hindi) or General Entertainment (Engiish) Or General Etttertaiilnient(r.egionallangul!-ge), 14(a) The multi system operator shall place the Channels of a broadcaster in the genre declared by such broadcaster, . , 14(C) shall demand . No broadcaster . . fromthe multi-system . . operator to assign It particular number to.its channels." " s. In regulatiotl ~5) of the principal regulations, after proviso to sub-regulation (IS), the tollowin~ sub-regulation shall be inserted, namely» 2 I. i .... I. .II}.',I.I.... ", .. , ... ;~!\ ...::" \.J',~,;:, ", 't • .,. " >.;-', .. ,,', :...•....•·.....··.·.1 ,', ", .; •..••. ', .,e ., •••P.••·...;;,·. "·.....,·~\·...·.t ...,.·, \' ., ..••..·-··.. ·•• :!n.~/\I·.,. Ii 1,,1....1.••. I •• r-""""""~""'.MiS~";;";;''''';;;';~'';lfiW''''ii,tii!~,~i;Gir''i';'''.f:, ii,,,ii"":,i,;'''''," ,;",;e:," ",;" ";,,. ,,",';''."":'",,,... ,., ".... .......,,,,,,,.,. . ....... ,', .. ill ~lj ";., !~ " . .. , ' "(15A) Every multi system operator shall display, in his Electronic Programme Guide, all . the channels offered .,. . by him, in the same genre .in which a particular channel has been indicated by the broadcaster andone channel shallappear in onlyonegenre." ,.' (Wasi Ahmad) Advisor (B&CS) .'" «. Note.----The Explanatory Memorandum explains the objects and reasons of the telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Regulation; . Television . . Systems) (First . Amendment) . .,' . 2012, " ' 3. :;::. 'ii·",,,.:..:,. ,: ;': ~: ;'; ::.,,:.~. ":.:; h:~Ht~.:;,:: ::.: ': .~ ",':.;.:.':':;:: ,.:. :~·:~8,:·; ..:.:: ,,:.:: ·:d:o;l,~:::'~~.~ . \. ;.; ,"': .".. ".' '. ~ -d..• I.'" ,'.:.:-:".:-r: .:.: " ", :.' ., ..,·.~~ •.•P"{"'\·'~\';;:;~I,. ,t •• ".":",,,: ~'7:",··:-:::';i.,.·"'i"".-""""'---~ .• .. :.:.::. Annexure Explanatory Memorandum J. 'After following an extensive' consultatlon process, the Authority had notified the Telecommunication (Broadcasting and Cable Services) 1nterconnection (Qigital Addressable Cable Television Systems) Regulations, 2012( 9 of 2012) (hereinafter referredto as the principal Regulation) on 30th April, 2012. While the principal regulation is specifically applicable for digitaladdressable cable1'V systems, the Telecommunication (Broadcasting and Cable Services) ,Interconnection Regulation 2004 (13 of 2004) is applicable for non-addressable cable TV systemsand also addressable systemssuchasDTH,lPTV etc. 2. A question has aris.en regarding charging of placement fee by the multi system operator. In the digital addressable cable TV systems, the technology provides for a Electronic Program Guide (EPG) wherein the channels being carried on an MSO's network can be arranged in a simple easy to understand manner so that the subscriber can easily go through this guide and selectthe channelof Choice instead of flipping through all the channels. This display of channels can be genre-wise where all the channels of a particulargenre can be listed under that genre in the genre-wise list of EPG. Thus, in digital addressable cable TV systems, there is hardly any justification for charging of the placement fee. 1n sub-regulation II of the regulation 3 of the principal regulation dated 30th April, 2012, it has clearly been provided that insistence by multi systemoperator on placement of a channel in a particularslot or bouquetamounts to imposition of unreasonable terms, ;Fhe intention of makingthis provision was that placement fee cannot be charged. However, to clarify the position in this regard, in the amendment regulation, a specific , provision has been made so that the >nulti system operator does not charge any placement fee from any broadcaster.' .: ... 3. the matter'relating to 'charging 'Of carriage fee by the multi system operator has been dealt with in sub-regulation 12 of regulation 3 and in sub-regulations 7 and 8 of the regulation 4 and also in the paragraphs 15,to 17 of the principal regulation. The multi systemoperators are to file a copy of the Reference Interconnect Offerwith the Authority including the quantum of carriage fee per channel that would be charged fr.om the broadcasters. With digital technology, the capacity to carry the ch~Mels is 'no longer a constraint. Also, the Subscriber Management System (SMS) provides the ful] declaration of the subscribers, increasing the percentage of subscription revenue to the multisystem operator. With all these, the carriage fee is expected to go down substantially, It was presumed that the Reference Interconnect Offer that would be filed with the Authority would include the detailed basis on which the carriage fee has been worked out. The same has been clarified in the sub-regulation which has been inserted in this regard:., ' . ij •. ."; ., I•• { .d•• J •• , :, i. , •• , ,t, '.' . '. lI.,. 15.• .1 '.-3.~, ..... •.'.•j ...'. .. " ,. '. ., , , ,'. , •... i,. . ·.,.• ,·:1 .' ; • . j • ., ' , •. i. .. . " 11 .• ' • , • ; . . :: . . ,ii" "":.' ..' ·. ' :: .:.' . '-"'--'-~-'-' --:---.;. -.--,_.-._- .. _--_._---_.-.~.-_. : .. -... . .."- --" - . _--_. __ .__ ..... 4. In sub-regulation 15 of regulation 5 of the principal regulation dated 30th April, 2012, a provision has been madethat it shall be opento a multi system operatorto decide the packaging of the channels offered to the subscribers from bouquet of channels provided to it by the broadcaster, A question has arisen regarding placement of channels by the multi system operator. To avoid any eventuality of a channel being placed in a disadvantageous position as compared to another channel-of the same genre, a provision has now been made whereunder a broadcaster has'to indicate th'e genre of a channel and·the multi system operator has to include that channel in the genre declared by-the broadcaster. The 'multi system operator is required to ensure that all the channels falling.in a particular genre appear in its network's Electronic Programme Guide (EPG) underthe samegenre. With this the subscriber would be able to see the list of channels that are-available genre-wise and thus making the service more customer friendly. "'.:: , " 5 5. p •• " •. i .• ,., ."':::; e .~ . .;. ;." ":': ., .,- ·~_ ·::::~~\~1fI~~'\§11~f.~1.tla~1~~fl~I~~J~~t~\~~1~t .. : ~::':::"'-::':':"" ;' . . : ..... <:::;': ::~~~~~i;~j}lt~!] :;~j;t~;;;~i~~~J,~~ ,-" A "'NfFlfll"'~ , Soufte:- BARe.T6:- 2~ Male All, Mkt:- India, Share" Ilrates ~. : i -ii,:./:::~;;;;::·,,\1;;- --Lc;;J:·~iiaii~';.i~APf.'lj;:;::'::P1~-:,,~jpm:~i:i;>W~·:tj.:t4:.,:::t',i2.;i!~:~';Y;;~:: ;~':;.'\~~_~i"';:,:;;'J. I - NDTV24x7 India Today Television News X limes Now CNNNews18 23.90% 18.96% 3.99% 37.08% 16.07% 23.17% 20.25% 3.64% 37.03% 15.91% 14.5Ol' 2LS1l1 3.22" 45.50%' . 41.1~ 15.27% 13.21'" .' 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UNEHA TV nun msunn A's-run 9'56 Hamid 64 Ow Find NEWS 3: gage-?5 $255530. I ~ o 00 0,0 z n I 0 '"co w o z I n m C ::J -c ::J Q) ::J ""-0 Q) ...... 0 ::J Q) ~ Z 0 m ~ a 00 0,0 z h o I 0 z h " - :c V'l » z ~ -0 " o::0 ~ Z m m I » OJ n A -I~ -Z C ~ ~ -C~ m ;0 -0 m Z o N 0 .." OJ N ~ w OJ c.. r- n z 0 0- OJ --c.. ., Z en n r- ~ Vl OJ --n ., ., --ro ro -::r 0 -c OJ ~ ::r ~ OJ I :::J"'" ([) CJ 3 0 n OJ r-t OJ ~ OJ '< CJ :::J"'" r-t OJ :c "'-oJ U'1 ~ :2 n r- m ~ Cl> - OJ OQ "'C OQ ~ -. a. ~ OJ r- - 0 0 < :2 zr Cl> ~ 0 0 -c < :--I (J') -- n ;c m n r- (J') 0 » 0 OJ » :2 0 ;c OJ ;c ~ (J') CJ a. 0) CJ 0) _0 N 0) ::r G) a. :J 0) :J o 0) OQ """""i G) C a. .... 0) CJ 0) a. 0) """""i _0 .." ...."""""i C "'0 o ~ z OJ O) _0 r- n e..- o (J') ,..,. 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NewsBro~dca 5terSIlS'OCl~ ucn ·m[BJ~ .':; CIN: 1I22211DL20Q7NPL16HDQ .8); H:md/Emtlii cp@trn1.gov.in MbS.T\,lRUENT ::.:: .:::: May 12, 2017 .<. , " Sh, R. S. Sharma Chairman Tele~ol'h Regulatory Authority of India Mahanagar Doorsanchar Bhawan Jawaharlal Nehru·.MarQ (Old Minto Road) Nqw Oelhl·110 002 1 Subject: Infractions by the newly launched Republic TV Channel along. with tacit support of MSO'sl OPO'slOistributors. Oear Sir, 1. Tile News· Broadcasters Association (N8A) represent several private television news aM current affairs broadc.ssters and act as their voice before the Government on mattei'S affeeting the industry, The objective of NBAIs to promotegrowth and friendly relanons amongstits members and protectits members from unfair andl or unethical praetlces of any personsor e.ntities. 2, TRAI is the Nodal Authority for establishing a uniform regulatory environment in the broadcasting sector and·thIs comMunication is beIng written to Inform you about certain unethical acts by the new.entTant Repl,ltlllc TVCl'lannel licensed under the r news ahd current aff~lrs genre laurict'ted on 06.05,2017, . i ! 3. Republic TV Is Ii~elised as 2tl .i:ngll.sh News CHannel but for reasons best known .have been r~glstered by severa! MSO's/DPO.'s/Distributors multiple times uMer different genrias In their EPG (Electronic Program Guide) by listing them on multiple Logical CI1'~\linel Nun'lber· (Lcill): ...."•••~ ."OUI""I" W "aye been Informed of ,seyeral Infragtlons, .~'""" road. "''"....... ~ . ~ CO"Jorlll~ orn~~: Mantee H"lIs~ ..3rd r'loor, (.'·S6i5, S~Cl(lr 62, Noilill ,. ,"01 3,111 1'~luruA: 0 \20·412')712. F.lIluil: lIull@lIb:ulewuclhLcUIII, W~bsilc: \. . WIVW.llb.ll~w,h:III1.WIII i • ,// • .' . '. """~------~",--",,,,---,--~'''':-''~-----~--'"-:-''-'---'''--'''--'''-''''''' -.._ _.._._-- .. __.._._,. ~. - 4.· Republic TV by getting themselves registered under different genres is In comp,:te disregard of the Telecommunication (Broadcasting and Cable) services Interconnection (Addressable Systems) Regulations, ?017 (hereinafter referred to as "these Regulations") published vi~e Notification No. 21·4/2016·a&OS dated R~gUla'lions, do'not permitany channel to operate on Present regUlations prescribe for selection of lit genre by a .. , ·03.03.201.7. 'Even the previoua multiple LONs. ":': broadcaster and 'Its /lsting In the EPG by the Distributor. The relevant extract is reproduced herein below: ' ....; 'I "18. Listing of channels in electronic progrDmme guide.- (1) Every broadcaster shall declare the genre of its, channels and such genre shall be either" 'Devotional' or'Gel'lera/Entertalnment' or 'Infotainment' or 'Klds"or 'Movies' or 'Music" or 'News and Current Affairs' or 'Sports' or'Mlscellaneaus'. (2) /I shall be mandatply· for. tile cllstrlbutor to place channels in the electronlc'programme gUide,. ill such a waythat the televisIon cnsnnets of same genre, as declDrf3d 'by' tile broadcDslers. et» plDced toget!ler conseCutively and 0110 Channel shallappear a(one placeonly: PrOvlcJed thai all telev/s/M channels o.f same'.langu'age wilhin tile seme genre shall appear together consecutively In' the electronic programme guldo: . Provided further that it shall b« permissible 10 the rlislributor to plaoe a Channel undersub-genre wlcllin the genre declared for thechannel by tno broadcaster.· .. .' .. . (3) Every dIstributor of television channels shtJ/l assign a unique cnennel number for eech television channel avallablo on the distribution,network., (4) Tile Channel number once assignFJd to a parlioLilar television cnsnne! slltJH'n()t be altered,by /l7e distribator for 8 periOd of at tees! oneyear from tile dale of such 8ss/gllmal1l: I. . Provided tno: this sub-regulatioll shall not apply In case the channel becomes unavailable on tne clistril;ution network: . Provided furliler tllat if a broadcaster changes the {Janre of a chaMel then' the channel number assigned to that particular television channel shall be changed to place such channel together wlth t/UI chatlhe/s af flew genre tn the e/ectrOlllc progrDm guide." 5. These ~egulalions are enVisaged to protect all sta.~ehold~rB and for the equitablel fair placement !if cl1~nnels by. crealii1g aunltorm EP,a cluster policy. For the sake of convenience relevant PCir.ts . of the Explanatory Memorandum to the Telecommunlcatlon (Broadca'~tirig and, cable) Services Interconnection- (Addressable Systems) li~gul~tiol\s~ 2017 (No 1 of 2017' Reg~lail6ns are also repr?duCed herein tlelow: '98. 1/7 tllese reglilations tI,e broadcasters have been given a complete freedom to declare ti,e genre or tnelr channels 8hd in tamis or thtl rGgulatiOl'lS, it has .been mandateo' that a OPO shall place the chanfle/s In tl,& CPl;' under the respective genres so ~eclared by tM brOa.d~ast~r$e . ~urther It 'has also been mandated ;(~~ " .. ~. " .............. .• , .•s.:;;.;";. • . . . • . . . . . . H .. ... , . , .. ' _------- .,.l ' . ~~ . - :;: .... f that DPOs shall place the channels of the same genre in such a manner that all TV channels of Same language within the. same genre shllll appear together consecutively In the EPG. In order to curo the practlCG to frequently change LeN nLlmber, ii has been mandateel tlrat LeN number once allocated will not be cllanged for duration of at least one year. Therefore. the placements of channels have been adequately regulated and necessary protection has been granted to tile 1)roadcastar so tllat their clu1I1neis are not placed at !:Illy c!isadvantageolJs pOS!tiQ/l in tile EPG. Hence as sLlch tllere is no requirement for a broadcaster for asking for a specific posnion in the EPG, ::.; :->: «» .v' 138. tne issue of genre classification was well arl/cUlated in tile consultation paper titled as "Tariff Issues related to TV setvtces". In tile draft Tariff ora«, seven genres were proposed and complete freedom was given to tIle broadcaster to classify their channels in any of 1/113 proposed genre. In terms of these regulations, the DPOs have been mandated to place the channels in tile genre so dectared by the broadcasters. There are around 800 TV channels in /lle country. If every broadcaster is allowed to create its own genre. then there would be an ""manageably /arge numbe: of fJenr~s which would caLIse g,.e~lt herds/lip and Inconvenience to the consumers .as it would be next to Impossible fol' a consumer 10 scroll t11rough., £PG having lot of genres on tlleir TV sets. Thus the proposelto allow bl'9.adcasters to create tne« own genres l¥ill be impractic6ble. Therefore, the Authority lIDS mandated that the .broadCasters should declare rhe genre of its channel in any of t~e specified eig1Jtgenres, TO.provlde the flexIbility to the broadcasters, miscellafleous genre has atso been specified. 1SS. Proper listing ()f channels tn .tile EPG helps the subscribers in selecting tile chf!nnsl for Ihe pLlrpose of viewing. If the cnennel« are listed 011 the basis of "'e/~vls/oll Rating Polnl (TRP) then. /1 may cause change in thll position ()f tile. channels from 'time to time based on the televlsloll rating point w/lie!.l will creote a/1/10yailce to the subsoribers who generally /'(jrnembers tIle positian Of the cllannel In the EPG under a genre. Therefore, tile listing of channel on the basis ,of TRP is not beIng mal1da(ed tJnd it is left open to the distributor to decide listing of channels within' the prfJsc"ribed framework. The Authority is /,., agreement wIth tile views of sothe Of the stakeholders that sub-categorisation will help the cOnsumor In salecting the ctunne; of Its choice for vi.ewlng ~. a{7tJ therefore ',the Authorliy has mandated the DPr;; to place (:/')(11'1'1131$ In the EPG, III such a way th.at the TV channels of same 'genre, as declared by the broadcaster. are placed together consecutively and all TV 'channels of same language within ti,e same genre shall appear toget/Jer c()llsecutlvely, in the electroniC programme gUIde," 6. As evidetlt, from a perusal of thes~ regu.l~tiOhS. theacts of Republic TV are illegal and ..in clear violation. That no ~hannal can' be registered under more thanone genre and be given multiple LeN by a single distributor for a particular location, . " , . •I i " i l , •.•..· .• u,d c ,,' .. ;, #, ii ( " • ) $I ." ·.. _. ~ _._.•......__...... __._ ... --.-,-.----.------..-------.--,------ ..._..... __.. - --:-:- ,~. ... _--_ .... _- .. .. _~ .: --_._--------._--_.•.__._._.._.._,-_ , --"._ _,., , , .•.•.._ _ 7. In case the illegal acts of RepLlblic TV are left unchecked it will create a competitive atmosphere among other broadc;:asters/ channels ·v.:h~ Will in the spirit of competition beattempling to getthe~sel~es' registered in Which have been arttculatec as rnany of the a permitted genres i~" the. consultation paper tilled "Tariff Issues related to TV Services': This ~.III ultimat'ely, lead to an ,unhealthy TRP battles Jand create a :..' hostile,.envir-onment rher~;ore, prejudjcj~lto 'the j'ndustry: it Is requested that before this 'unhealthypractice spiral out of hand, the TRAllnterven'es immediately and directs all channels to remain on single LeN as per 8. TRAI R~gulations. Besides the aforesaid " :th~'se' acts . . are anyway prejudicial to the Interest of the consumer and the advertiser who are not being given correct irtfortnation whether one chSnnel can' be .Iisted' ~nder multiple genres an~ allocated mUllipl~ LeN for a partlcular location by the same distributor. This will also be in direct contravention of the objective of these regulations/previous regulations to curtail any misur1del'$tandlng or favoritism by a distributor on allocation of multiple LeN to a single Channel. 9. We accordingly reiterate thai, TR~! should lake immediale steps to investigate into the matter and stop these infractlons by Republic TV and the defaUlting MSb's/OPO'~fDistributors ..; befo're the. matter escalates any further, tarnishing the reputation of the entire' Industry,:' .. :.; Thal1klng you, , " '~j~T~ .......... 9 President .. _-~- , ~: :'. Enel; As above ., :: :.~.: ~ ,,4 ,\~ (. ' .. '.i.),.r,,',t.' . • .' ." ! ~I>.ItP J:,) "'••. u, . ;'- .) .J.. ~ I .. " . .•••• Ii. ,l •. is, a, .... ' ,.. '.p.. ,.1 , , ~HfO!I" i[~~~R. m:rt4lqij; ~ q TELECOM RJ:;GlJLATQRY AUTHOlUTY OF INDIA 'l.lTffi ~ IGovernment of India ~ ~ \TCR, ~ ~ ~ lillI. ' -s: j TRAI MahanagarDoorsanchar Bhawan, Jawahar Lal Nehru Marg (~fiRT Us) ~ ~/(Old Minto Road), New De1hi-1l00~2 " Jl;ifff/Fl1x: +91-11-23213294, ~~ ;fO/ EPBX NI).: +91-11-23664145 Most Urgl;:111 'D"l7-B&CS To, MIs Hathway Digital Private Limited,' Rahejas, 4th Floor, . Comer of main Avenue & V.P, Road, Santacruz (W), Mumbs! -: 400 05'4, . , .Rc-h'llns~i~sion Suhject: of ne\~'l\' , " , hUlnched Republic TV chonnel on. multio!e LC\'is ...!Wdel' different genres by severnI MSO'sl DPO's I DistrIbutors-regarding Q. • ,. . ,.. . • ft has been reported to the' Telecom Regulatory Authority ·.of India that the newly launched channel Republic TV is.being re-trnnsmnted by'your network 011 multiple LCNI,i under 4iffercnt genres, simultaneously. 2, Re-transmission of 11 TV channel on multiple LeNs under different .genres simultaneously is a violation of the provisions of extant interconnection regulations ofTRAl. 3. You arc, therefore requested 10 furnish your detailed comments in this regard to TRAI within 03 days from the date of issueof this letterand ensurecompliance with regulatory framework, .~~JC (Ani! Kumar Pathak) Senior Research Officer (8&CS) Te1c Oll-23664·1[5 _ •••• _ •• _ _. _ . •••_ _' _ _ •• _ •• ~ •• , • • • ~ _ ~ . ••••• _ , •••_ . , . ••••• _ ~ ••_ . " •• _ •• ~ n • • • • • • " •• _ ~ ' . ' . _ ~ " • _ _••• " . ' •• _. _ _ •• _ . . . . - - _ ••_ ,-- .- ._... _-,--~-- " .; :~ ~,~~~ TELECOM REGULATORY AUTHORln' OFINDIA ~ mm/Government of India ~~ oqa:r, ~~~1Ulf. Mahanagar Doorsanehar Bhawan,Jawahar Lal Nehru Marg (~ fiJ:it Tr~') ;rio ~j(Old Minto Road), New Delhi-ll 0002 it;cmjli'ax : +91':11-23213294, «r~ ;fol EPBX NQ. ; +91-11-23664145 ;. . . .... .MostUrgent F.No.3-25/20 l7-B&CS To, Den Networks Limited, 236, Okhla Industrial Area, Phase-S;' - New Delhi -.110 020. Kind attention: Subject: Sh, Vaibhav Srivastava, Legal Head Rc-trnnsmissiol1 of newlv laullched Reeublic TV chllnnel em multiple LeNs under different'genres bv sevcriMSO'si ilPO's /'Disfrlbuto/'s-l'egarding F... . . " " . Ir has been reported tothe Telecom Regulatory Authority (,)1' India that the newly launched channel Republic TV is being re-transmitted by your network.on multiple LCNs under dine-rent genres, simultaneously, ' 2. Re-trausmisslou of a TV channel .on lnultipleLCNs under different genres simultaneously is viclation of the provisions of extant interconnection regulations of TRAI. ..... .... :. .' LI 3, You arc, therefore requested to furnish your detailed comments in this regard to TRAI within 03 days from the date of issueof this letter and-ensure compliance with regulatory framework . .'~ ," ~~'I:r (Anil Kumar Pathak) Senior Research Officer (n&Cs) Tclc 0 11·23()(i~415 . "" .. -. .... ~. IN THE HIGH COURT OF DELHI AT N~W DELHI (CIVIL EXTRAORDINARY WRIT JURISDICTION) of 2017 Writ Petition (C) No. ... Petitioner T.V Today Network Ltd. Versus ... Respondents Union of India& Ors. INDEX -'- g VOLUME-II PAGE(S) SL. NO PARTICULARS 16. Annexure P-l1 Colly:True copies of several t'.4 ... - . -. i, - '.:' -.; . newspaper articles demonstrating the hype. 222-226 attempted to be created by Republic TV. , 17. Annexure P-12: True Copy of the screen f ~ 9.. ,t, ". , ; " shot of the chrome mailer. 18. Annexure P-13: True Copy of the Interview for Sun TV 19. Annexure P-14: True .Copy of the DAVP 4/- rates determined by TRP 20. 21. 227 228-229 230-231 CM No. Application under Section 151 of the Code of Civil Procedure, 242-245 1908 for interim directions along with Affidavit in support. CM No. Application under Section 151 of the Code of Civil Procedure, 1908 seeking exemption from filing original/ 246-249 typed / clear/ certified copies with markings or margins on the documents along with . Affidavit in support. . I PARTICULARS SL.NO eM PAGE(S) 23. Application under Section 151 of the Code of Civil Procedure, 1908 seeking permission to file lengthy list 250-252 of dates and synopsis along with Affidavit in support. Vakalatnama 253 24. Court Fee 25. Proof of Service 22. No. 254 LPJ & Partners LLP ocates & Solicitors Office:- A-62, FF, Defence Colony, New Delhi- 110024, INDIA - T: +91 11 41051167 Chamber:- NO.1Q3, A. K. Sen block, Supreme Court, New Delhi-110001, INDIA - T: +9111 23381351 E: office@lpjpartners.comW: www.lRipartners.com Through: Mr. Pras9uk Jain (0/1182/11 - L.: 0120- 4237719) Place: New Delhi Date:17.05.2017 I I "I f II'" :llf~H."'" :,. . '. j-j)": ~ ~ ----- '. r'····--- . . Is l~ere ------.. ---- ---- room for Republic TV? - Liveminl ssarcn iidot See for yourself with the l.d'Wil~" YO,,, SdVll'gS BR£XIT CALCULATOR '\ " WSlna1c:nc 17May20171 E-Paper Opinion Views I Online Views I Columns I Quick Edit I Blogs Horne. Opini.on • ORDINARY POST . Last Modjfte~: Thu, Feb 09 2017. 09 02 AM1ST Is there room for Republic TV? while Amab Goswami's fans may be waitingforhis reappearance on the TV screen with Republic Tv, the question is if he willbe ableto recreate the magic of The Newshour ._--.... . " ' ~-,_ Subscn'be to our newsletter. "..... .... ~ , ,._.,.. ..,.. ..- ~~~~ ~ _ . - _ _.•....- Shuchi Bansal LATEST NEWS 10stocks that poweredNifty past 9,500 'By hosting GST Council meeting,J&K willbe a part of Indian economic history' RERA effect: Buildersrush to restructure realty projects,business model Foxconnseeking 13 acres land in JNPT SEZ. says NitinGadkari CARE, Crisil didn't follow due process in AlntekAutocase: Sebi Whether Arnab Goswami2.0 will enjoy the same success as before isanybody's guess. Photo: Wikimedia COmmons MORE FROM LIVEMIN't Amab OoswaD1i's .Republic tv . goeslive with a storyon Lalu Prasad· Shahabuddiil. links Amab Goswarni's l\epublicTv to livestream. on HOtstar Amab Goswarni's Republic tv lloutiD.g rules, saysNBAin . 1'rai complaint Amah * Arnab Goswarni's new television ventureRepublic TV is gettingreadyforlaunch in March-April. Thetop team the channel is gradually beingput in.place. In the last fewdays, the channel has announced the appointmentof its chief executive officer, distributionhead,chieftechnology officer as wellas editorial advisor. More announcements are in the pipeline. Accordinqto Indian Express, Rajya Sabhamember Rajeev chandrasekhar is a biginvestorin the.channel, Among a host ofother investors is SameerManchanda, chairman and managingdirectorofDEN Networks, a multisystem operatorin the cableTV industry. Manchandahad earlierhelpedlaunch Raghav Bahi's English news channel CNN-IBN as part Q~ the Network18 group in 2005. While Goswami's fans may be waiting forhis reappearance on the TV screen,the questionis ifhe will be able to recreate the magicof 'theNewsbout, the show that he hosted on TimesNOW, the English news channel from TimesNetwork, a companyofTimesGroup, and whether Republic TV will be a viable venture. To be sure,data fromtelevision monitoring agency Broadcast Audience Research Council (sarc) India shOWS hllp://www.livelliilil.coni/Opinion/DIM42rri191z4c1ZUXbCl9E61/IS-l.~ere-roon\-for-Rep~bllc.hlml Upgrade your BUSINESS NEWS experience with MINT on Android. MINT ON SUNDAY The amazingadventures ofDadasaheb Phalke Naxalsand their international counterparts Between a mercenary and a missionary Abra that fits? Letterfrom...Thrissur ~~to9i ~ Page 1 of 4 • I "I f III 'l!l~n.,.t1m iii r "-.(. Is th.ere room for Republic TV?- Livemint Goswami's Republic TV rolls eut 'nation still wants to know' campaign Narendra Modi's misguided economicswill catchup with him. READ MORE that the ratings for the time slot between 9 PM and 11 PM on Times NOW have droppedsignificantlysince Goswamileft the showon 14 November. According to average four weeks (week43 to week46)data beforehe quit,this time slot saw .198 millionimpressions. In the four weeks after Goswami left,the same slot saw its number of impressions decline to .163 million(in week 47 to week 50). In fact prime time registered an even lowerviewershipin week 51 to week 2,at .076 million. Impressions refer to the number of individuals a target audience who viewedan event, averaged across minutes. 10stocks that powered Nifty past 9,500 . In the same time period, the total market share forTimes NOW has also seen a small dropfrom 40% to 38%, according to Bare. 'By hosting GST Council meeting, J&K will be a partof Indian economic history' Acoupleof things may workin favourof a new channel, says media buyingagency Gro,upM's chief executive cVL Srinivas: One. India is a news-hunqry market and, two, television continues to grow. 'A news channel can ride the overallgrowthof TV,' he says.Besides, the entry barriers to the news channel segment are also low. It could cost anywhere between Rs50 crore and Rs150 crore to launch a news channel. depending on its scale, unlike an entertainment channel that costs between Rs500 crore and Rs600 crore.Licences are also easily available. RERAeffect Builders rush to restructure realty projects, business model However, the environment In this genre is pretty . challenging.For'a start, the·total market for the English news genre is negligible at 0.2% of total TVviewership, accordingto Bare. The total advertising market for the genre stands at Rs600-7QO crore.Andthat, according to experts,is not growing. says KaranGupta, director at Aidem Ventures, an independent ad sales firmwhich services several news channels: "We haven't noticed any advertising growthin Englishnews in two years. The target audience for Englishnews has been diverted to digital.'Young metro audiences have digitaloptions.'They have second and third screens,' he says, adding that the pie for Englishnews is not growing. So instead ofpure play broadcasting, Englishnews channels generate revenue from events and digital news sites, he adds. Distribution remains a Challenge, too,even though digitizationhas created more room in the pipe.Carriagefee has declined but has certainly not been eliminated.Distributing a news channel nationally could cost a Company nearly Rs35 crore a year. 'For investors,this sum is acceptableif you quicklybr~ak into to the top league.Elsethis Cost pinches hard,' says the. " former head of a news channel who declinedto be named. In case of Goswami's Republic, the goodnews is that Sameer Manchanda has invested in the venture. Sothe channel may get the advantage of being on DenNetworks, which is dominant in UttarPradesh;and has a presence in Delhi and Mumbai. It is likelyto be assured 12-15% cable coverage. YetTVnews industry's inherent problems. which include lowad rates and high news gathering costs,persist. Besides,there's a 26% cap on foreigninvestment in this sector.Still, a crediblenews channel with a robust digital . platformmay get eyeballs. Rightnow all channels have a standardized lookand feel. 'Clutter-breaking programming is what is requiredfor any new channel to work. It's all abouthow differentiated the content is and how it is able to r ..n connect with people,' says Srinivas. ~""",e... Vil ~ 'l~ ~ hll!i://www.liver.llinl.com/Opinioil/OIM42rm91z4c1ZUXbC9E6I/1s-lhere-room-for-Republic.htr'nl Page 2 of 4 '. \ Joy 17/05/17, 5:23 AM Is there room for Republic TV? - Livemint Somesay that Goswarni must come backto the screen quickly to leverage his brand recallaridreinventhimself. SamitSinha,brand expert and managingpartner at Alchemist BrandConsultinq, does not agree. The absence of a brand fora lengthof time does not necessarilymake it evaporatefrompublicconsciousness, unless the brand was not particularly strongto beginwith, Sinha says. Even thoughbrand Coca Cola was absent fromIndiafor more than 15 years,it enjoyed enoughresidualequitywhen it reentered the country to create an impact.'That'sthe power of a strongbrand-it can residein people's collective memory fora longtime.Thereis nodoubtthat Arnab Goswami is also a .fairly strongbrand and regardlessof whetheryoulove him or hate him.his awareness among the English speakingsegment ofIndia'population is very high.Andpolarized as t~ey are,at least.all those familiar withhim have a strongopinion'about him; he says. Whether ArnabGoswami 2.0 will enjoythe same success as beforeis anybody's guess... . -, ShuchiBansalis Mint's media,marketing andadvertising : . editor. OrdinaryPostWIlllook at;~ressing issuesrelated to ' all three. O!just fun stuff • Shuchi Bansal TOPICS: ABNAB GQSWAMI REPUBLIC TV PRIME TIMENEWS RAJEEY CHANPRAsEKHAR SAMEER MANCHANPA First Published:Thu, Feb 09 2D17. 0156 AM 1ST EDITOR'S PICKS CBI, I·T raids on Lalu Prasad,Chidambaram revivecorruptiondebate 'Airtel-Tikona deal: Reliance Jio asks telecomdept to withhold clearance Maruti'Suzuki CEO , questions govt's· ambitiouselectric vehicleplans FROM THE WEB Arhby R,"rr,I'I,"' (1) OddDiabetes Trick LearnThis Simple "Kills" Oiabetes Itldustry Diabetes "Fix" That Has (do This TOnight)! BeenSilencedfor Years 22 YearOldGirl Makes Millions. You Won't Believe How? Glyxgo Care!:!rTimes GlyxGo Re.dmi C'lOOfr\Nl~IDInII" 4 SAle on 23 May I From r6.999 Page 3 of 4 http://www.liveltlirit.cotn/Opirlion/DIM42rrrl91z4c1ZUXbQ9E61/ls-there-room-for-Republic.html • I "111'1 I ''1I1'r'T'!tlII 411' , '. Republic TVclaims 'stunnlnq' debut on Hotstar I Indian Television Dot Com (I) TELEVISION VTELEVISION) CABLE 1V (lCABLE-1V) DTH (lDTH) REGULATORS (lREGULATORS) MAM (IMAM) SATELLITES (lSATELLITES) IWORLO (lIWORLO) TELEVISION MOVIES (/MOVIES) TECHNOLOGY (/TECHNOLOGY) RESOURCES (lRESOURCES) SPECIALS (lSPECIALS) OUREVENTS (lOUR-EVENTS) Republic TV claims 'stunning' debut on Hotstar Subscribe Newsletter 11May, 2017-09:02 AM 1ST I Bylndlantelevlsloncom Team lVLinx(/tvlinxly2k17/may/tvlinxjnay16,h ADLinx (ladlinxly2k17/may/adlinx.niay16. 27 IhUa:JI~, f~all61i1' chWels/ne ..\. bt&stlng.:' 'stol\i\ing' MUMBAI:Newkid on the news blockRepublic TV has claimed it made a "stunning debuton Hotstar"crossing "a millionviewers" within a day ~f its launch. WHAT TO READ NEXT ~­ st~irig- ~J. eH~~' ~~ II~ ~[tltlel ~g­ saIleil\tlgd~t- haMar~7fgi'l:&has 170S11&tltl In ariofficialjoint statement of Republic TV and Hotstar, the news channelannouncedithas "created leadership in the mostcoveted news audience in the country, the urbanviewers': ylV,CNNNews18,NDlV24x7,BARClndla,Raje.,vCh Republic's reach on Hotstar'sorr platform exceeded that of the top English news channels on television, including Times Now,IndiaToday TV, CNNNews18 and N6tv~4x7 amongst boththe urbanM15+audience aswell as viewers in the top 60 citiesin India, according to the statement put out by Republic TV, helmed byArnabGoswami and funded, amongst others, byentrepreneur-turned-politlclan Rajeev Chandrashekhar, a vicechairman Ofthe BJP-Ied Natiorial Democratic Alliance (NOAj that rulesIndia, ClaiMing that it isa"dramatic announcement given theviewership benchmarks arefrom a single digitalplatform", the Republic Tv-Hotstarstatement said the newnewschannel's viewership figures exceeded that of "traditionalnews channels slgnlficantlv" (lrellJ la1Rl!!iUIIIt!li'!ist!'Y/new-portal-to-hel FOS16) New portal to help ease of broadcast ministry/new-portal-to-help-ease-ol Anewonline'broadcastseva' portalhasbe information andbroadcasting (MIB) as par pointfacility to various broadcast-related' various permissions,registrations, licences According to the claims, Republic TV'sviewership percentage was 208 percentof Times NOW, 229 percentOf IndiaToday, 311 percentof CNNNews18 and254 percentof NDlV 24X7.lt further claimed that the comparisons arevis-a-vis TVfigures that BARC Indiawould collectwithin ail-India 1mn+towns, inclUding mega-cities, for 22April 2017': lndlantelevislon.com isnot in aposition to independentlv verify the viewership figures submitted by Republic TVand Hotstar, BARe India, the country's presentaudience measurement currency, has not yet come out with datarelatingto Republic lV andother Indian news channels for the periodunderconsideration till the timeOfwriting this report. COtl'lIilenting on the matter,the officialstatement quotedHotstarCEO Ajit Mohan assaying, "Thisisanexciting start andisatestimony to the impactfullaunch of Republic andthe strengthOfthe Hotstarplatform, whichhas become the defactodestination for young, digitalIndia:' Regulators (lregulators) 16May. 2017 Bigger & BE Maytouchl IPL'16reac channels/51 viewership· surpassingTelevision (lIe (ltelevisionltvchannels/sports/biggerbetter-ipl-17-viewershipon-S-may-touched3B63m-surpassing-entireIpl-16-reach-170S16) Hathwayrc ambassado Republic TVCEO Vikas Khanchandanl saidin the statement, "Republic will bethe largest and most lrnpactful news platform. We are excited to partnerwith Hotstarandbringin an entirelynewaudience to the Republic coMmunity. Wearealsothrilled to have takena leadership position ondebutitself." Vtnarnlrilar ln-r-madha 170516) MAM(lmam) way- tats hllp:/lwww.indlantelevision.com/televlsiOli/tv-cMnnels/news-broadcasting/republic~tv.clajI'i1S-stunning-debut-on.hotstar-170511 Page 1 of 5 , I 'I r 1 "'1 1 ''-1![~n!f''ii; ifFI -.----_ .... -._---_ ..~~~~--,-~- p" 'Jblic TV claims 'stunning' debut on Hotstar I Indian Television Dot Com e Jharkhand: to show Ral (ltelevision channels!tE dd-channel feed-tiIl-th, 60 GB DATA NOW AT JUST f899 airtel . Also enjoy unlimited free calls. t:n~:i.l..llld Television Vte ·, G TRENDING " "',- .... J .: ". LATEST READS blhar-tc-show-ranchl- -:.~ ' : .. " . . 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NORTH' EAST: SUGANOH DIXIT: 9111640533, sugandb.d@chromedm.com SOUTH: SREEHARf PARAMESHWARAN;,~ nl23,sreehari@chromedm.com WEST: KINJAl DESAf:9654124048, kiQjaJ.d@dlromedm.wm PROOUaHEAD: HARJtNOER KAUR: 97J16 40582 harjindet@dlromedm.com J ~w~m:o.mlim.cofl} . ~, 'i;I'.:W~~&d-~,d,~t4$R.jI:':t ~~ ~ ......;ifJ.,._;;r'\...-~ .... ~~~S1";O~ .'"= .r,..,,;..l~~~~_ , , I ,~i.~.l!b ..."'~'.;iJ:'~'~kf,;>{~~.g;L.!..:li, ..~~.l.~~j.;}..'"lt.*~4>. """ __ '~~'_" ... "~c:.ih'~ .... ~1 _&~~<; '-><-'.~' ~ • M:.:~·,~~~h~I~I..!.'~i'tJ .. ..,.~;"~':,J ." ...... _ _ ~"", •.." < _""" ..."" ....... ~~ 6i?' I '--- <- ~ c , • ~,t,;: ~ .,;.,.. _ • , ~ I "I II'!I ·itt,'!'· '11I'm1~lIIIIIIm_ 1I'lIf' Oct 29, 2015 09:00 AM 1ST I Source: CNBC-TV18 BARe's no. 1 rating to,propel SId revenue growth; Sun TV The rating agency earller'thls month deemed Sun TVthe number one channel across India, leaving behind popular Hindi general erietertalnment channels (GECs) like Star Plus and Colors. SL Narayanan SL Narayanan Group CFO I Sun Group Sun Ty to bid in phase-III radio auctions, widen footprint 'Apolitical' Sun TVsays will grow irrespective of TNgovt TRAils advertisementcap of 12-minsnot justified: Sun Group Tamilgeneralentertainment channel (GEC) Sun TV has posted a 16 percent ad revenue growth fn the second quarter of FY16. In an interview to CNBC-TV18, SL Narayan, GroupCFO, says this growth will be Audience Research Council (BARe) ratings. further . propelled going. forwardwith Broadcast . , The rating agency earlier this month deemedSun TVthe number one channel across India, leaving behind popular Hindi GEes like Star Plus and Colors. Narayan says fall it! commodity prices and risinggross margins hascaused many fast-moving consumer goods (FMCG) companies to increase their promotional spends. Therehas been a subscription revenue growth of 10 percent, including international, direct-to-home (OTH) and cable subscriptions, he says, adding that phase-III digitisation will be a key driver for its growth. In the company's radiobusiness, Narayan says that Sun Group hasgot the approvals it needed and that it will not offload any stakein its Sunrisers Hyderabad, a franchise of the Indian Premier League (IPL) team. Belowis the verbatim transcript of SL Narayanan's interview with Ekta Batra and Anuj Singhal on CNBCTV18. Anu]: A word on vour add revenue growth. We haveseen 16 percent add revenue growth. This in itself is a high number do you think it is sustainable at this kind of number goingforward? A: It looks pretty good at tITis point in time because we see a revival across sectors in terms of add spends. The hypOthesis that I am hearing is because of fall in commodity prices and risinggross margins a lot of fast-moving consumer goods (FMCG) companies are steppingup investments in promotion. so, I believethat things should look better from these levels. Ekta: What can you do in the next two quarters in terms of an add revenue run rate? Do you think it will be better at or below 15 percent? A: As you know we don't giveany precise guidance's but suffice it to saythat we should be maintaining a fairly robust momentum, Ekta: How was subscription growththis quarter? A: Subscription growth has been, if we just.combine all formats which is internatlonal and DTH and cable we havedone at about 10 percent.The nex't big trigger is goingto be linked to the pace of digitisatiOi'l which is still on paper. It is believed that on January 1st of 2016, phase III will get kicked off. It is SOMething that can materially change the run rate fO~ subscription revenues; because we believe that in South Indiaalone another 20 million homes could go digital aspart of phase III. Sincewe are very strong in scuthern Indla we could see some very strong gains in terms of Our subscription revenues. Anuj: The next big trigger 6f course for your company is the radio business. If you could tell us how is that goingto shape up and anyClarity from the.tnformatlon and BroadCasting (1&8) ministry on the licences that vou won? l I "1" fi'l f "!flnH!ftlZi "irll . --~.Ji.';.:._'. \/~--'- - - __ .._..._ - - - - .. A: Radio business in terms of its numbers is not a very significant proportion of our consolidated financials. But we.have got our relief in terms of the approvals, wherever we had some request for intervention. We have gone ahead with the process and we have re-emitted the money due. We have got what we wanted. There are certain places where we thought the prospects could be good but the prices went completely out of scale. So; we chose to not bid in some very expensive locations. Otherwise we are happy with the way things have ended. Ekta: Just a quick word on the IPLbusiness and correct me if I am wrong but is it a part of your consolidated financials and if so how did it perform this quarter? A: Sunrisers team is owned by Sun TV Network limited but we have had no activity during the quarter. All the cost and all the revenues are booked in June 30th quarter because the tournament starts sometime in first week of April and ends towards end of May. So, we have a practice whereby we book all the revenues and all the cost in that quarter. So, which is why that quarter is not exactly comparable in terms of our run rate to the rest of the year. However, net-net we are very happy because our rate of growth has gone up and theprofit after tax (PAT) is up by almost 41 percentthis quarter. These are very healthy set of numbers. Ar\uj: A word Onthe IPLteam, if you could give its financials and are you staying with it or any plans to sell considering that IPLitself is going through a bit of turmoil? A: Whatever it is weare not going to get rid of the team or anything. There has been a lot of speculations. So, at this point ln time it is very much part of the company. As we have seen from examples all over the world whether it is English Premier League or NBA or Major League Baseball teams only go up and value. '. Since this is a franchise which is in perpetuity, and considering that cricket will continue to be a preferred sport for a lot of Indian kids, the appeal of IPL',wili be there for at least in the foreseeable future. Ekta: For the bottom-line this quarter I am sure you must have incurred operating cost at least for the team if not revenue recognition. Would that have been recorded? A: There is absolutely nothing on IPLthis quarter Ekta: Just a quick word in terms of your Tamil channels and your other language channels. What was the growth rate between both of tbern and any launches on the same? A: We don't comment on individual channels because that is a lot Of sensitive information. However, what is really heartening this quarter Isthe announcement by Broadcast AudienceResearch Coucil (BARe)that Sun TV is number one channel in India. AcrOSS genres, across languages we have been voted the number one channel in the country. That is something which we think is great news for all of us. . " ~ 3l0~rrol:f.iT ~o D.O. No . ,;...•.. 31'tx ~ l;fqJx" ~n(il~ DIRECTORATE OF ADVERTISING & VISUAL PUBLICITY ~;rr~VtH~~ Ministry of lnformatlon& Broadcasting '+rmf~ Government of India ~.IV, '~"'iRT 1flFf. ~.'ijft.31T. ~CRT mEl'r ~. wrrf ~410003 Phase-lv, Soochna Bhawan, c.G.a. Complex, ' Lodhi Road, New Delhi·110003 '~/Dated .. Dated: 03.03.2017 File No. 22204/2i2012-AV (PART-4) Subject: Advisory for empanelment of National and Regional Pvt. C&S TV channels with DAVP in the 12th PAC-reg. The litl1 Plifiel Advisory Committee (PAC) meeting for the empanelment of National and Regional .Pvt, C&S TV channels was convened on 17/02/2017. In the meeting a total applications of 95 Pvt. C&S TV:' channels (National and Regional) were considered for empanelment. 2. The committee found that 38 National and Regional Pvt. C&S TV,channels fulfill the empanelment criteria as meritioned ,'in the extant policy guidelines. The committee has recommended for the empanelment of these 38 channels with DAVP. The list is placed at I Annexure-A. Net rates ofthese 38 channels are mentioned in theAnnexure-B. . '. 3. The empanelment Of these 38 channels would be subject to submission of following documents on Or before20/03/2017. " Letter Of acceptance for rates & empanelment duly signed and stamped by • authorized signatory mentioning the name; designation, contact number, E-Mail ID & official address. This must be certified by the CEO/DirectorlManaging Director of the company. • A letter from the authorized signatory for issuance Of user ID & Password for downloading the RO and submission of online bills. • Mandate form along with the cancelled cheque with company name printed on it with IFSC details fOI' NEFTIECS. (Format of the mandate form' is attached at Annexure- J). The Channelsmov please note that the last date ofSllbmission of above mentioned documents will NOT be extended in anv case. If tim' channel (or channels) foHM to submit the above mentioned documents within stipulated time peJ'1Od. that channel will not be considered. fiJI' . Government advertisement. , Continued!- · '. The address for correspondence is as follows: Postal address: Shrl Anurag Jain, Deputy Director (AV), , 'Room No 278, 2"dFloor, DAVP, Soochna Bhawan, eGO Complex, Lodhi Road, NewDelhi- 110003, Laodline No. 011-24369540, E-mail id: ddavdavp@gmail.co.m The committee also noted' that a total of 48 channels have not' furnished the requisite information/documents, hence their applications for empanelment with DAVP would be considered in the next PAC, subject to submission of requisitedocuments by 20/03/2017. List of these channels is placed at Annexure-C. 4. 5. Five (05) channelS do not meetthe eligibility criteriaas they have not completed'one year of operation (which is the eligibility criteria for Pvt. C&S TV channels as per the policy guidelines). Hence, these 05 channels have been rejected by the committee. List of these channels is mentioned at Annexure-D. 6. One (01) PvLC&S TV channel (which was kept in the pendingcategory in the 11 th PAC due to non submission of documents) hasnot submitted the requisite documents in response of OAVP's advisory no. 2220412J2012-AV (Part-s) dated 22112/2016 and hence the Committee has rejected its application due to non submission 'of requisite documents. Channel name along with reason thereofis mentioned at Annexure-D. 1. It has been found by the Committee that one (0 I) Pvt. C&S TV channel has gone off air and hence the channel's application is rejected. Channel.name along with reason thereof is mentioned at.Annexure-D, 8. The Committee Observed few discrepancies in the documents submitted by 2 channels viz Epic TV and Saral Jeevan and has recommended that their matter be referred to Mlo I&B for advice and any further action with regards to their application would be taken only after advice is received from Mlo I&B. 9. Discrepancies/errors, if any, in the attached annexure may be brought to the notice of undersigned withinone week from the date of issuance of the advisory for necessary action. This issues with the approval of PI' DO, DAva )~~\~f (L Madhu Nag) Director (AV) Annexures: A,B, C, D & J as mentioned above ~2..- , I ""1 • . 11'._-. _ I ~ '!;'j;F1 {.I' ANNEXU,RE-A . . ' . ili List of the channels recommended for empanelment by the 12 PAC: S.NO. CHANNEL NAME GENRE 1. TRAVELXP lID LIF.E STYLE CHANNEL 2. MVSICINDIA HlNDl MUSlC CHANNEL 3. SANGEETMARATHI MA1V\THI MUSICCHANNEL 4. ISHWARBHAI{TI SPIRITUALCHANNEL 5. VIP NEWS HINDINEWS ·. . .- 6. .. ALANKARTV ORIYAGEC 7. NEWSNATION lIINDINEWS . 8. 9• .., 10. 11. 12. - - , " DISNEY JUNIOR KIDSCHANNEL MAHAMOVmS UINDIMOVIE MEDIAONE - .. nINDAASPLAY MALAYALAM NEWS HINDIMUSIC 13. HUNGAMATV . '.. .. ETV PLUS KIDSCHANNEL 14. ETVABHlRUCHI TELEGUFOOD CHANNEL . 15. ETVCINEMA TELEGUMOVIES TELEGUGEC ". 16. zrv LIF.E 17. DARSHAN24 TELEGUNICHE .. SI'IRITUALCHANNEL 18. 19. OISNEY CHANNEL , ZEE CAFE Hi) . ENGLlSHGEC 20. ZEE CINEMA HD 21. ZEE 22. ANIMAL PLANETHD · .,'. - ". ~ .. KIDSCH.ANNEL ,. H1NDlGEC srumo HD.. ., ENGLISH MOVIE . INFOTAINMENT CHANNEL ... ))ISCOVERY H)) WORLD .' ~ 23. - . . INFOTAINMENT CHANNEL . .. . -. " 24. LIVINGFOODZ 25. I'EACE OJ? MIND SPIRITUAL CHANNEL 26. ZEEANMOL HINDIGEC 27. 28. ZEETVHD .. ',. ." & .PlCtlJRES HD 29. & PICTURES HINDIMOVIE .., LIFE StYLE CHANNEL ~- .. ,,' . HINDI GEC . - ' HINDIMOVIE '" .. 30. & rv HD HINDIGEC 31. & TV, ' HINDI GEC 32. ZINDAGI 33• IDINVESTlGA1'1ONDISCOVERY HINDI GEC ..tLCHDWORLD -. " DISCOVERY KJl)S . -. LIFE STYLECHANNEL 35. 36. ))ILLACI ., . ',. · '. 38. . HIN))I GEC " , 34. 37. . KIDSCHANNEL HINDlMOVIE o. NEWSWORLDINOlA . , HINDINEWS I?LOWER'l'V MALAYALAM GEC - 2:,-' '-' ; I "I rl"I~' "ln~H~n" uti"/' ------------_._---- ANNEXURE-B FORMULA FORNfT RATE CALCULATION FORNEWS:(lS0+(23000·TVR%II·0.85 TVR20NE OF COSIDERATION FOR NEWSCHANNEL AS PER EXTANT POLICY GUIDELINES: WEEK27-S2 WEEK OF 2011, TG:Alllndla Markel-CS lS+AII NET MlES PER10 SECONDS TYRl! NEWS CHANNELS S.NO. 06AM12NOON 1 Media One' 2 News Nation' 3 VIP News' 12NooN· OSPM OSPM11PM · · · · · · · · · 06AM· 12NCCN 12NOoNOSPM OSPM· llPM 128 128 128 128. 128 128 128 128 128 FORMULA FOR N~ ~TE CALCULATION FORGEe: \lSOi-(23000·TVR%ll·0.8S 1VRZONEOF COSIDERATION FORGECAS PEREXTANT Po'lICY GUIDELINes: : WEEKl-Z6 weEK OF 2012. TG:Alllndia Markeloes 15+AII NETRAlESPER10 SECONDS TVR% S.No. GECCHAlIINEL . 1 " , & Pictures" 2 &Pictures HD' 3 &'tV~ 4 &1'VHO", S AlankarTV" 6 Animal Planet HO" 7 Oarshan 24 8 Dillagi' 9 Olscovery H[) World" Olsney Channel 11 Disney Junior" 12 O,lscovery Kids 13 ETV Ab~lruchl" 1'---'-' 14 .. " ETycinel'na" £'TV life" 15 16 E'tV Plus" 17 Hungama TV 18 10 Investigation. Discovery" 19 Uving Foodz" 20 Maha M~~ie" 21. lVluslc India .. 22 Peace of Mind· .. 23 Sangeet Marath'" 12NOoN· 07PM · ·· · · ,. · · · · · .,. · · · · · · · · · · · · · · · · ·· · ·· ·· · 07PM08PM · ·· · ·· . · 0.01 0.01 0 10 09AM1211100N 07AM· 09AM " . o.o.s 0.1 0 0 ~ 0.07 0.04 · · · ·· · · · · · · 0.02 0.03 24 TLC HD World· 2S Travel XP HO 0 26 Ze~Anmol" · • '< ... 0 · o . 0 0.12 0 · · 0.13 · ·· · · · · · · · · · · ·· ··· · · 0 0;07 Oill 0 0.07 0.01 0 0 08PM· 10PM · · · ··· 0 10PM· 10,30PM · · · · ·· 0.02 · · · · · · 07AM· 09AM 09AM- 12NOON· 12NOON ·07PM 07PM08PM 08PM· 10PM 10PM10:30PM 128 128 128 128 128 128 128· 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128. 128 128 128 323 323 128 128 128 S19 128 128 128 128 128 128 128 128 128 128 128 128 0.1 0.04 110S 2083 2474 2669 20113 910 1~8 128 128 128 128 128 0 0 128 128 128 128 128 128 128 128 128 128 128 128 · · ·· · · · 0.09 ·· · · 0.08 · 0 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 910 1496 1496 1496 1887 1692 · 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 128 0.02 714 ',519 323 323 323 519 · · · · · · · · · 0.01 128 128 128 128 128 128 128 128 128 128 128 128 .. 128 . 128 128 128 128 128 128 228 128 128 . 128 128 128 128 128 128 128 128 128 128 0 128 128 128 128 128 128 0 . 27 Zee CINEMA H[) 28 Zee Studio HO 0 0 0 0 0 0 128 128 128 128 128 128 Zee1\! HO" 0 0 0 0 0 0 128 128 128 128 128 128 3D 2lndagl" 0 0 0 0 0 0 128 128 128 128 128 128 31 Ishwar Bhaktl · 128 128 128 128 128 32 · 128 Bindass P.lay 128 128 128 128 128 128 128 128 128 128 128 128 29 ., .. 33 Zee cafe.HO 34 News World India 3S Flower TV '0 0 0 · · · · · · · · · · · · · · · · · · · · 0 · ·· ·• · · · 128 128 128 128 128 128 128 128 128 128 128 128 • Channel not In operation In zone of conslderallon/TVR Is.ilollllonilored by the TAM -4-- II ~IIII I'I~'!"''''''''", '' t _·-I.~,v},' c..: Annexure-C S.No. Channel Name 1 JANAMTV 2 CINEMA TV 3 MANORANJAN MOVIE 4 NE:WS 7 TAMIL Documents need to be submitted by the channel (1) Auditor Report, ITR, Service Tax Return pertaining to FY 2015-16 (2) List of the C&S TV channel of the group/company (1) Downlink certificate with sufficient validity (2) ITR and Service ..Tax Return pertaining to FY 2015-16 (1) Ministry's permission of change of name of . channel (2) Continuous Airing Certificate of the last 12 months I (3) Teleport Operator Certificate with avg. time of operation per day ", (4) MonthwiseFPC for the last 12 months (5) Auditor Report, Balance Sheet, Profit & Loss, ITR and Service Tax Return pertaining to FY 201516 (1) Continuous Ailing Certificate of the last 12 months 5 INJ)IA VOICE 6 SIXHD 7 SONY SIX (2) Teleport Operator Certificate mentioning the avg, time of operation per day (3) Auditor Report, ITR and Service Tax Return pertaining to FY 201,5-16 (4) List o·fC&S TV channelof the group/company (lJ Continuous Airing Certificate of the last 12 months (2) Teleport operator certificate mentioning the avg. time of operation per day (3) Auditor Report, Ita and Service Tax Return pertaining to FY 2015-16 (1) Downlink Certificate with sufficient validity (2) Continuous Ailing Certificate for the last 12 . months (3) ITR and .Service Tax Return pertaining to FY 2015-16 (1) Downlink Certificate With sufficientvalidity (2) Continuous Airing Certificate for the last 12 months .(3)ITR and Service Tax Return pertaining to FY 2015~16 ' ! I "I fIll 1 "1f11f11'fiiiii ijfj " ..'.. 8 SONYPIXHD . 9 AXNHD 10 SONY PAL 11 MAX 2 .. 12 StAR WORLD 13 JALSHAMOVm 14 LIFE OK 15 MOVIE HOUSE .. 16 MOVIE OK 17 FOX LIFE 18 N£TG~OWILD (1)Downlink Certificate with sufficient validity . (2) Continuous Airing Certificate for the last 12 months (3) TTR and Service Tax Return pertaining to FY 2015-16 .. .. .. .. .. .. (1)Downlink Certificate with sufficient validity (2) Continuous Airing Certificate for the last 12 months (3) Month wiseFPC forthe last 12 months (4) ITR and Service Tax Return pertaining to FY 2015-16 (1)Downlink Certificate withsufficient validity (2) Continuous Ailing Certificate for the last 12 mouths (3).ITR. and Service Tax Returnfor the FY 2015-16 (1) Uplink Certificate withsufficient validity (2) Continuous Airing Certificate for the last 12 months (3) ITRand Service Tax Return for the FY 2015-16 (1) Auditor Report,ITR and Service Tax Return pertaining to FY 2015-16 (2)Letter of Authorized signatory .(3)List ofthe channel of the group/company (1) ITR and Service Tax Return pertaining to FY 2015-16 (2) Letter of Authorized signatory (3) Listof the Channel of the.group/company (1) ITR and Service Tax Return pertaining to FY 2015-16 (2) Letter of Authorized signatory (3) Listof the channel of the group/company (1)Downlink Certificate with sufficient validity (2) Month wise FPC for the last 12 months (3) ITRand Service Tax Returnfor the FY 2015-16 (4) Third PartyMonitoring Certificate (5) Listof the channel of the group/company (1) ITR & Service Tax Return for the FY2015-16 (2) Letter of Authorized signatory (3)Listof the channel of the group/company (1) Continuous Airing Certificate for the last 12 .months (2) Teleport Operator Certificate mentioning the avg.. time of operation per day (1) Continuous Airing Certificate for the last 12 months ·.(2) Teleport Operator Certificate mentioning the avg. "time of operation per day -f,- " NATIONAL GEOGRAPHIC 19 CHANNEL 20 STAR MOVIES " . "." '. M'1'UNES 21 ," LORDBUDDA SHARNAMTV 22 . .' 23 . , .. , ... 9XJALWA " 24 9XO 16 GREEN TV ., .... 27 . . , COMMEDY CENTRAL " . . months (4) Teleport Operator Certificate mentioning the avg. timeof operation per day (5) Auditor Report, Balance Sheet, Profit & Loss, ITR and Service Tax Return in the name of Mis Entertainment Television NetworkPvt. Ltd" (1) ITR and Service Tax Return pertaining to FY 2015-16 (2) ThirdPartyMonitoring Certificate (3) List of the channel in the group/company (1) Downlink and Uplink Certificate with sufficient validity 201"5-16 . . . .(1) ITR and Service Ta.'C Rerum pertaining to FY 2015-16 25 , months (2) Teleport Operator Certificate mentioning the avg. time of operation per day ' (1) ITR and Service Tax Return pertaining to FY 2015-16 .(2) Letterof Authorized signatory (3YList of the channel of the group/company (1) Uplink & Downlink Certificate with sufficient validity and Ministry's permission of changeof name (2) Month wiseFPC for the last 12 months (3) .Continuous Airing Certificate for the last 12 (1) ITR and Service Tax Return pertaining to FY , , 28 , MTUNESHD (1) Continuous Airing Certificate for the last 12 . (1) Continuous Airing Certificate for the last 12 months (2) Teleport Operator Certificate mentioning the avg, timeof operation per day (3) Auditor Report, Balance Sheet, Profit & Loss statement, ITR and Service Ta'C Return pertaining to :FY 2015-2016 (1) Downlink certificate with sufficient validity (2) Auditor Report, ITR and Service Tax Return pertaining to FY 2015-2016 ,- , DISNEYXD (1) Downlink certificate with sufficient validity , , 29 NICK JUNIOR . " (1) Downlink Certificate with sufficient validity and Ministry's permission for change of name (2) Auditor Report, ITR and Service Tax Return : pertaining to FY 2015-1.6 '.(3) .Continuous Airing Certificate for the last 12 months -1- ~~~ . <;>, ", 1~ '...... /. 30 ODISHA TIME 31 SATSANGTV 32 SETHD 33 OKIN)>IA .' .. », : 34 .. . VISION SHI~HA :l5 . . .. NEWSXH1> ' .. , , 36 ADHYATMtv 37 SAR~ , , ]):aA,RAM (1) Downlink Certificate with sufficient validity and Ministry's permission for change of name (2) Continuous Airing Certificate for the last 12 months (3) Teleport Operator Certificate mentioning the avg. time of operation per day (4) Auditor Report, ITR and Service Tax. Retum for theFY 2015-16 (5) List of the channel in the group/company (1) Uplink and Downlink Certificate with sufficient validity (2) Teleport Operator Certificate mentioning the avg. time of operation per day (3) Continuous Airing Certificate for the last 12 months (4) Auditor Report, Balance Sheet, Profit & Loss, ITRandService Tax Retumfor the FY 2015-16 (5) List of C&~ TV channels of the group/company (1) DOW1ll.in1C Certificate withsufficient validity (2) Continuous Ailing Certificate for the last 12 months '.(3) Teleport Operator Certificate mentioning the avg. .time of operation per day (4) ITR and Service tax payment Return pertaining I to FY 2015-16 . (1) Auditor Report, Balance Sheer.Proflt & Loss . statement,' ITR and Service T~ Return pertaining to FY2015-2016 (1)Uplink Certificate with. sufficient validity (2) ItR and Service Tax Return pertaining to FY 2015-16 (3)Third Party Monitoring Certificate (1) Downlink Certificate with sufficient validity and Ministry'spermission of change of name (2)Month wiseFPCfor the last 12months (3) ITR and Service.Tax. Return pertaining to FY 2015-16.. (4) Letter of Authorized signatory (5) Third Party Monitoring Certificate (6) ListofC&S TV channels of the group/company (1) Downlink Certificate with sufficient validity (2) Auditor Report, rtR and Service Tax- Return pertaining to FY 2015-16 0) List ofC&S TV channels of the group/company . (1). Auditor Report SANGAM -g- ~~'1 ~~ i I ''Iilll! :1f1~n,,·tlit !ttl , ---':'':J.'.l-'':.,.J..,.J-:-:'- - - - - - - i j 38 SADHANA PlUME NEWS 39 BHOJPURICINEMA 40 MAGIC BRICKS NOW 41- VISION TV 42 ROMEDYNOW 43 TOPTV 44 NEWS WORLD J \ 1 I 1 1 I ODISHA 45 FAKTMARATID 46 JAI MAHARASHTRA 47 SUVARNA PLUS . (1) Uplinkand Downlinkwith sufficient validity (2) ITR and Service .Tax Return pertaining to FY 2015-16 : '. : (3) Letterofauthorized signatory (4) list of C&S TV channel of the group/company .(1) Uplink and Downlink certificate with sufficient validity (1) Ministry's permission of change of name (2) Teleport Operator Certificate mentioning the avg. time of operation per day (3) Auditor Report, -Balance Sheet, Profit & Loss, 1TR and Service Tax Return.pertaining to FY 201516. (1) ITR and Service Tax Return pertaining to FY 2015-16. (1) Uplink and Downl:ink Certificate with sufficient validity (2) Teleport Operator Certificate mentioning the avg. ,time of operation per day (3) Auditor Report, Balance Sheet, Profit & Loss statement, ITR and Service Tax Return pertaining to FY2015-16. (I) Downlink Certificate with sufficient validity and Ministry's permission for change of name (2) ITR and Service Tax Return pertaining to FY '2015-16 . , (3) Letter of Authorized signatory . (4) list ofC&S TV channels of the group/ company (1) Downlink Certificate with sufficientvalidity '. (2) Teleport and Continuous airing certificate in the nameof Mis F7 Broadcast Ltd. (3) Balance Sheet,Profit & Loss statement, ITR and Service Tax Returnpertainingto FY 2015-16 (4) List of C&S TV channelsof the zroun/ company (1) Auditor Report, Balance Sheet, Profit & Loss, ITR and Service Tax returnpertainingto FY 2015-16 . (1) Downlink Certificate with sufficientvalidity (2) ITR and Service Tax Return pertaining to FY 2015-16 (1) Downlink Certificate with sufficient validity (2) ITR arid Service Tax Return pertaining to FY 2015-16 , " , I ---y; ./ 48 ASIANETHD (1) ITR and Service Tax Return pertaining to FY 2015-16 . (2)·Third Party Mon.i taring Certificate ;....\0- 1 J 'II u i r ,;1tI~H._"" _ Annexure-D REASON OF REJECTION S.NO. CHANNEL REJECTED DUE TO NON COMPLETION OF ONE YEAR OF TELECAST 1 SONY ESPN :2 INDIA VOICE " SUBHTV REJECTED DUE TO NON COMPLETION OF ONE YEAR OF TELECAST . REJECTED DUE TONON COMPLETION ,OF ONE YEA~ OF TELECAST , " .J ,. .. . .. , . 4 FREE TV 5 VAAMOVIES 6 MAHAAPLUS 7 ZEEQ ; .. '. .' -.1 . • .. ' REJECTED DUB TO NON COMPLETION OF ONE YEAR OFTELECAST .. .. REJECTED DUETO NON COMPLETION OF ONE YEAR OF TELECAST , .. , . ' ,REJECTED DUE TO NON SUBMISSION OFOOCUMENTS WITHIN STIPULATED TIME PERIOD OFF AIR .. , I 'I rill' 'i'l~n"-nhi 4ftl' ! .. ' .,- :rviANDATE " . FOR"lvj ••• ",- -c. -.~}"'~ ,'. ELECTRONIC CLEARING SERVICE {CRF.bl1~etW1R1~GI.l·R~A'-i·I!~4~~G$.d~S:'~EITtEt:JIE~T(~TGS} ...".-....,-....-.--~--:- . "'FAC1LiTHORRi.kr:IVINGfi fIYM ENTS· · _ . .,P.' .;11 . '." it Dr:TAILOFJ\CCoui~THOLDER: - !NAIVl~~~ACCOLlNT [~OI.DER· .f.~~~-·--.~~.~--_'=_-~~__-,-_~"""",,_"-"~ --j ; COMPLETE CON'rACT,~DDnESS ~"NUM~ ~'-/f-'P,-1("'-/f:.-IY':"'IA"'-I'- I- -_- ._~_~,:",;",-,-~. .". . ~. . . -_- -:. . ,. ,. I --f-'.- B. BANKACCOUNt DETAILS:- BANr: NArvIF_ DRANel, NAMe: WITH COMPlETE-ADDRI:SS. TELliPI;ONE NUMBER ANO EMAIL. ' ~. -WHETliI:RTHE·BRAr~C:~lls'c6MPUTERIS.El).i .-- - - - ' -......-...".....--.,1 ---.., WHTtn:R'nIEtmt\NCli,lSiiTGf~NAB~~D?,lF '(1:5 I --~---';-"'-'-~---""""'-"""'-I THEN~VHA;rIST/{e BRANCH'S 'JFSC-CcioF. ". . . . DATl:OF ~FFECT:" I herebyd,oclure,:\:tii1c the. p:lrticu1a.r:;glvi;!n'Jlbove areccrreccand .cQmp!;;;tii~:tf'll1etr:~"':~~i1}~\~epeatedherein for the s~e of br~vity and the same 'SHtJ: .'. ;·;ma{ kindly be read as Pi\) of this a f f i d a v I t . . . . . , * fUL _ ; \ '" • \3)~,·:_:.:~.~:J t, . <, l A'-'-~~ .' < / ,,' ( OiV~'f 'cation: ~'{'{V,S'{ 0<>" :VW'li" ',,~ "O~~~i; ..' .(flY l:' /-:0' ~~R ' Uv,\.l:I,l'l \.~ ~ llh~ '1,:J1\'\\1 \,\1'\\ . ":\. V ifie<1JitJIew Delhi on this the 17 th day of May, 2017. That the ~~ee~ts of my above affidavit are true and correct to my ~~~ge and a.s per the records maintained by the company. \.\\0.o~tt no part ~f.~.,~!.~. f,ff.J~T and nothi s material has... bee.n ~.:S-~ ~~'~oncea1ed ther~!'~~~r:~~~··r.~'J \~e.'o~'li-$~ "-"~nrr~i"'.' n ..----1 . '.• , ,. ~. . ~" ~.. , . . _ _ '. <: : " .' : .'. ....... \.~ ... '" ~;:;~;;:":A (7" ..... ,",'.':i • ""1.••.....: 'n...~·.~~ 7~_ ') _:) '., ~.h "~ .q -,V\~',-',' ; d~~.t ~e c~., ' ..>~ elhi . \.Ii :-. . . T ">0... . •...• '. • £ •• Q. • . . ._ r vtr4~~l l~.8'4·.~.··':;;:i2·~·· .. LI'~.,j ' " > - . "'.. j ;,..) Q-rp"- ::dedge -bl-i~-.,,,-B.._ ; =0 -.. . . A? >/7 (0~?.;;~~ , " :::~::,: '- .L:' ,,- -)~~)"·H IN THE HIGH COURT OF DELHI AT NEW DELHI-'I~ "I' PiJ ~D (:. (CJ;yIL EXTRAORDINARY WRIT JURISDICTION) CM No. ~J of 2017 IN Writ Petition (C) No. OF 2017 IN THE ,MATTER OF: T.V Today Network Ltd. ... Petitioner Versus Union of India& Ors. ... Respondents APPLICATION UNDER SECTION 151 CPC ON BEHALF OF THE PETITIONER FOR SEEKING PERMISSION TO FILE A LIST OF DATES AND SYNOPSIS" LENGTHIER THAN WHAT IS PERMISSIBLE BY THE RULES OF THIS HON'BLE COURT. MOST RESPECTFULLY SHOWETH: 1. That the applicant is the Petitioner in the instant case. The averments made in the petition may read as part and parcel of the presentapplication, which are not being reproduced here for the sake of brevity and to avoid duplication. 2. That while the synopsis and list of dates in the particular matter was being prepared, despite due care the list of dates etc. could not be shortened for risk of deleting relevant facts required for adjudication of the present writ petition. :l-S--) . ( \~,/ ,~:~~;;:- ":~~~'~O ~if " .....<:. 3. That the brief synopsis and the list of dates are very relevant and will be assisting the Hon'ble Court at the time of hearing the arguments in the matter. 4. Therefore, the applicant should be permitted to file a lengthy list of dates and synopsis with the present petition. PRAYER: It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to: a) Permit the Applicant to file a 'lengthy .list of dates and synopsis; b) Pass such other and further orders as this Hon'ble Court deems fit and proper in the facts 'and circumstances of the case. .DRAWN & FILED BY: LPl & Partners LLP Advocates & Solicitors Office:- A-62, FF, Defence Colony, NewDelhi- 110024, INDIA - T: +91 11 41051167 Chamber:- No.103, A. K. Sen block, Supreme Court, New Delhi-110001, INDIA - T: +91 11 23381351 E: office@lpjpart:ners.comW: :www.lpjpartners.com Through: Mr. 'Prasouk lain (0/1182/11,':' L.: 0120- 4237719) Place: New Delhi Date 17.05.2017 IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL EXTRAORDINARY WRIT JURISDICTION) CM No. of 2017 IN Writ Petition (C) No. of 2017 IN THE MATTER OF: T.V Today Network Ltd. ... Petitioner Versus [ Union of India& Ors. I ... Respondents AFFIDAVIT I, Dr. Puneet Jain 8/0 8h. R. 8. Jain aged about 44 years working as the Group Chief Corporate Affairs Officer and Group Chief Law and Compliance Officer of T.V. Today Network Ltd. having its registered office at F-26, First Floor, Connaught Circus, New Delhi- 110001 do hereby solemnly affirm and declare as under: 1. I say that I am the authorized representative of Petitioner Company in the present petition and as such I am conversant with the facts and circumstances of the present case and I am competent to swear to this present affidavit. .t the accompanying application has been drafted by my ~\()T~!1 *~-'~N : (c";,' on instruct~ons and the contents .thereOf are e a: :::~;e:e ;:sf;:::f: a::::i:tyQandthe 1 1 my ~~~ \ 0C"" ' j ,'~ ~11. ,!,,:t";,~~"{<\~\) . . . V.."l'1 ....:....::::.~==,,7-~=/ ....... '" ,~1 \I\~~ L~ \I UfJ.J-\\q ·n:.~r~'~~'~I~~- <":' '. L~~ rifi~~,c~4PN elhi on this the 17 th day of May, 201 7. That th~.:':'Jibl. A-62, FF, Defence Colony, New Delhi-110024, INDIA - T: +9111 41051167 E: office@lpjpartners.comW:www.1pjpartners.com Throug~: ,Mr. Prasouk Jai, n, Advocate (D/11~~/11 - L.: ~~20- 4237719 M: 9899314700) .f~ V ftr-r1 M f) f L.-63; ) I MtJ.;,4v (herein after called the advocate! s] to be my/our Advocate in the above noted case& authorise him :To act, appear and plead in the above-noted case in this Court or in any otherCourt in which the same may be tried or heard and also in the appellate Courtincluding High Court subject to payment of fees separately for each Court by me/us. To sign, file verify and present pleadings, appeals cross objections or petitionsfor execution review, revision, withdrawal, compromise or other petitions oraffidavits or other __ documents as may be deemed necessary or proper for theprosecution of the said case in all its -Stag~.s subject to payment of fees for each stage. "TQ.fPe and take back documents to admit and/or deny the documents ofopposite party. To Withdraw or compromise the said case or submit to arbitration anydifferences or disputes that may arise touching or in any manner relating to the ·saidcase. To take execution proceedings. The deposit, draw and receive money, cheques, cash and grant receipts thereofand to do all other acts and things which maybe necessary to be done for theprogress and in the course of the prosecution of the said case. To appoint and instruct any other Legal Practitioner, authorizing him toexercise the power and authority hereby conferred upon the Advocate whenever hemay think fit to do so and to sign the Power of Attorney on my/our behalf. And I/We the undersigned do hereby agree to ratify and confirm all acts doneby the Advocate or his substitute in the matter as my/our own acts, as if done byrne/us to all intents and purposes. And I/We undertake that I/we or my/our duly authorized agent would appearin the Court on all hearings and will inform the Advocates for appearance when thecase is called. And IJwe undersigned do hereby agree not to hold the advocate or hissubstitute responsible for the result of the said case. The adjournment costs wheneverordered by the Court shall be of the Advocate which he shall receive and retainfor himself. And I/we the undersigned do hereby agree that in the event of the whole orpart of [he fee agreed by me/us to be paid to the Advocate remaining unpaid he shallbe entitled to withdraw from the prosecution of the said case until the same is paidup. The fee settled is only for the above case and above Court. I/We hereby agreethat once the fee is paid, I!we will not be entitled for the refund of the same in anycase whatsoever and If the case prolongs for more than 3 years, the original fee shall be paid again by me/us and the advocate shall beentitled for additional fee for every additional3years or part thereof. IN WITNESS WHEREOF I/we do hereunto set my/our hand to thesepresents, the contents of which have been understood by me/us on this 17 thday of May 2017. Accepted subject to the terms of fees. ..~.. . ,<. -> Ot~~ -- ~:cilieht,J -........- ... • I "I 11'1 rlf l'I'!HHlf!lll!l!lriia_ _ '. \ .. - I \ r~'--'- .• .- I; I ~L'_~'_ _ '~--'--'-"~-~-'--! L.c __ ..,.., .,__ ~ I ,__,__ ,_1I . ~_, GOVERNMENT OF NeT OF DELHI e-Court Fee 'Zi 'eo C (~ DATE~;rII\llE: o o~ o17-MAY-201711:59:15 0 {I NAMEs'qlfHE ACCI REGISTERED USER:" " 0 LOCAflON OOv C 0 c :0 0 0 0 0 o 0 0 0 0 0 o 0 ,0 n 0 0 c~ ooo,J 0 0 00'-' C 0 °0 c C c ) o o ::- o OELHIHXGH CQUAl" 0 0 0 0 'Ot:CTH'49Elc7ElBE.203 c 0 o 0 " c 0 0 c 0 o 0 o () C 0 0 0 ., v ) 0 0 c 1111111111111111111111111~ 1IIIIIIIIIlllllllillmlllllllili 0 0 (, o o ( Rupees Two Hundred Only) 0 0 Q 0 0 0; o o o 0 ~200 0 0 c) ~ 0 0 o COO 0 o 0 0 0':) ~H_C{!-o 0,.. 0 e-COUJl1; FEE AMOUNT: o 0 .. e-COURT RECEIPT NO: o 00 0 0 c 0 Q DLCT1749E175BL203 C o c ° . 0 o o o 00 0 o 0 0 00 .... 0 0 0 _.J> \ ! \ ,\ t \'1," -lIIHnlfllltlil -