Striking down the landing page direction will set a wrong precedent, TRAI wrote to TDSAT. The telecom regulator TRAI had issued a direction on 8 November directing all distribution platform operators (DPOs) and TV broadcasters not to put their channels on the landing page as it is against the regulation, which states that a channel can only be placed in one genre.
In its reply to the petitions filed by Bennet Coleman and Company Ltd (BCCL), All India Digital Cable Federation, DEN Networks, Fastway Transmission and Satellite Channels, TRAI further submitted that the regulator will be rendered powerless to prohibit wrongful practices on an urgent basis in future if the 8 November direction is struck down.
The regulator requested TDSAT to make the direction effective immediately to prevent distortion in the sector and to maintain equilibrium and level playing field among service providers. It further stated that direction was issued to stop the wrong practices adopted by MSOs and certain sections of broadcasters.
TRAI also argued that the direction does not prevent distributors to offer many other services that are possible on the landing page. Therefore, it does not prevent from doing business with the landing page, thus the allegation of Appellant regarding violation of Article 19(1) (g) of the constitution is incorrect.
It also wrote that putting a channel on the landing page is a forced activation of a channel on the set top box (STB) without customer choice. The authority also submitted that the viewing of a TV channel is calculated on the clock minute basis as per the audience measurement of BARC. A channel with a maximum viewing duration in a clock minute gets the entire viewing attribute for that minute.
TRAI argued that if a channel is placed on a landing page, whenever customer switches on the STB, it displays the landing page containing the channel first. This may happen multiple times as and when a customer switches on the STB in a day. While landing channel continues to run in the background, the customer browses the menu options which consumes some time.
TRAI further wrote, “In this process, the viewing channel at the background gets registered technically, even though the customer may not be watching that channel with any natural preference.”
The other Appellants have served a copy of the rejoinder on the other side and they seek to file the rejoinder soon.
Source: http://cablequest.org/index.php/news/cable-news/item/11786-trai-defends-its-views-on-landing-page-direction-before-tdsat
The regulator requested TDSAT to make the direction effective immediately to prevent distortion in the sector and to maintain equilibrium and level playing field among service providers. It further stated that direction was issued to stop the wrong practices adopted by MSOs and certain sections of broadcasters.
TRAI also argued that the direction does not prevent distributors to offer many other services that are possible on the landing page. Therefore, it does not prevent from doing business with the landing page, thus the allegation of Appellant regarding violation of Article 19(1) (g) of the constitution is incorrect.
It also wrote that putting a channel on the landing page is a forced activation of a channel on the set top box (STB) without customer choice. The authority also submitted that the viewing of a TV channel is calculated on the clock minute basis as per the audience measurement of BARC. A channel with a maximum viewing duration in a clock minute gets the entire viewing attribute for that minute.
TRAI argued that if a channel is placed on a landing page, whenever customer switches on the STB, it displays the landing page containing the channel first. This may happen multiple times as and when a customer switches on the STB in a day. While landing channel continues to run in the background, the customer browses the menu options which consumes some time.
TRAI further wrote, “In this process, the viewing channel at the background gets registered technically, even though the customer may not be watching that channel with any natural preference.”
The other Appellants have served a copy of the rejoinder on the other side and they seek to file the rejoinder soon.
Source: http://cablequest.org/index.php/news/cable-news/item/11786-trai-defends-its-views-on-landing-page-direction-before-tdsat
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