The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff (Second Amendment) Order, 2020

Jan 08, 2020 | by Avantis RegTech Legal Research Team


Industry Specific Compliance

The Telecom Regulatory Authority of India (TRAI) on January 01, 2020, notifies the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff (Second Amendment) Order, 2020 to further amend the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017. This Order shall be applicable to broadcasting services relating to television provided to subscribers, through addressable systems, throughout the territory of India.

The followings are the amendments made under the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017:-

Ø  In Clause 2, new definitions are inserted, namely:-

Clause 2(va)- “long term subscription” means a subscription for a duration of six months or more, for which an advance payment has been made by the subscriber.

Clause 2(xa)- “multi TV home” means a household having more than one TV connection or set top box in the name of one person.

Ø  In Clause 3 related to “Manner of offering of channels by broadcasters”, the third proviso stands substituted, and several provisos are inserted namely:-

“Provided further that maximum retail price per month of such bouquet and maximum retail price per month of a-la-carte pay channels forming part of that bouquet shall be subject to following conditions, namely: -

a)       the sum of maximum retail prices per month of the a-la-carte pay channels forming part of a bouquet shall in no case exceed one and half times of the maximum retail price per month of such bouquet; and

b)      the maximum retail price per month of any a-la-carte pay channel, forming part of such a bouquet, shall in no case exceed three times the average maximum retail price per month of a pay channel of that bouquet:”

Ø  Clause 4(1) related to “Declaration of network capacity fee and manner of offering of channels by distributors of television channels” has been substituted, stating that every distributor of television channels shall declare network capacity fee, per month, payable by a subscriber for availing a distribution network capacity so as to receive the signals of television channels.

Ø  A new Clause 4(2A) has been inserted, namely:-

“Every distributor of television channels shall allow distinct choice of channels and bouquets of channels to each TV connection or set top box in a multi TV home.”

Ø  In Clause 4, sub-clauses (9), (10) and (11) have been inserted, namely:-

Clause 4(9): All distributors of television channels shall provide all the channels notified by Central Government to be mandatorily provided to all the subscribers and all such channels shall be in addition to the number of channels which a subscriber is eligible to get for the network capacity fee paid by him.

Clause 4(10): It shall be permissible for a distributor of television channels to offer long term subscriptions and declare respective network capacity fee, distributor retail price and duration of all such subscriptions:

Clause 4(11): It shall be permissible for a distributor of television channels to offer promotional schemes on distributor retail price per month of a-la-carte pay channels available on its platform: Provided that period of any such scheme shall not exceed ninety days at a time:

Provided further that the frequency of any such scheme by the distributor shall not exceed twice in a calendar year:

Provided further that the price of a-la-carte pay channel offered under any such promotional scheme shall be considered as distributor retail price(s) during the period of such promotional scheme:

Provided also that the provisions of Regulations and Tariff Orders notified by the Authority shall be applicable on the price of a-la-carte pay channels offered under any such promotional scheme:

Ø  Clause 5 related to “Offering of basic service tier by distributors of television channels” has been omitted.

Ø  In Clause 6(1), a third proviso has been inserted, namely:-

“Provided also that any change in name, nature, language, maximum retail prices, per month, of channels and maximum retail price, per month, or composition of bouquets due to the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff (Second Amendment) Order, 2020,

a)       shall be reported to the Authority at least forty-five days prior to such change; and

b)      shall also be simultaneously published on the website of the broadcaster.”

Ø  Clause 6(1A) has been newly inserted, stating that every broadcaster shall report to the Authority and also communicate to all the distributors of television channels, with whom it has entered into interconnection agreement, details of all the promotional schemes offered by it including maximum retail price and duration of such schemes, at least fifteen days prior to date of launch of such schemes and shall simultaneously publish on its website.

Ø  In Clause 7(1A) has been inserted, namely:-

“Every distributor shall report to the Authority and also communicate to all its subscribers details of all the promotional schemes offered by it including distributor retail price and duration of such schemes, at least seven days prior to date of launch of such schemes and shall simultaneously publish on its website.”

This Order shall come into effect from March 01, 2020 except Clause 2, 6 and 7 which shall come into force from January 07, 2020.

[Notification No. F. No. 21-01/2019- B&CS]


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