After three months long since the TRAI has
issued regulation against content aggregators, news broadcaster TV
Today Network had filed an appeal against this regulation in Delhi High
Court.
Without issuing any order, the HC has posted the matter for hearing on 7 July. The regulation is set to come into effect in August.
In its argument, TV Today has maintained that the definition of a broadcaster in the amended tariff order is not consistent with the one in the Cable Television Networks Act 1995.
Changing the definition of a broadcaster is beyond the purview of TRAI as making amendments to the CTN Act will require parliamentary approval, the news broadcaster has said in its petition.
It has also contended that competition-related issues are the sole domain of the Competition Commission of India (CCI) and TRAI has no authority over this. If at all the regulator felt that content aggregators were misusing their dominant position, it should have simply referred the matter to the CCI.
TTN also averred that TRAI is impinging on the rights of broadcasters to do business by limiting the role of content aggregators.
While the TRAI has claimed that content aggregators have misused their dominant position, it has not provided enough proof to support the claim.
TRAI Content Aggregators regulation
On 10th February 2014 TRAI had issued a regulation which reduced the role of existing market powerful content aggregators over MSOs and DTH operators.
Under this regulation, content aggregators are barred from forming bouquets which have channels from more than one broadcaster. While curbing the powers of the content aggregators, the sector regulator has allowed them to function as ‘agents’ of broadcasters. The aggregators can continue to sell bouquets of more than one broadcaster, but they will be able to bundle channels from only one broadcaster.
Salient features of the regulation
Without issuing any order, the HC has posted the matter for hearing on 7 July. The regulation is set to come into effect in August.
In its argument, TV Today has maintained that the definition of a broadcaster in the amended tariff order is not consistent with the one in the Cable Television Networks Act 1995.
Changing the definition of a broadcaster is beyond the purview of TRAI as making amendments to the CTN Act will require parliamentary approval, the news broadcaster has said in its petition.
It has also contended that competition-related issues are the sole domain of the Competition Commission of India (CCI) and TRAI has no authority over this. If at all the regulator felt that content aggregators were misusing their dominant position, it should have simply referred the matter to the CCI.
TTN also averred that TRAI is impinging on the rights of broadcasters to do business by limiting the role of content aggregators.
While the TRAI has claimed that content aggregators have misused their dominant position, it has not provided enough proof to support the claim.
TRAI Content Aggregators regulation
On 10th February 2014 TRAI had issued a regulation which reduced the role of existing market powerful content aggregators over MSOs and DTH operators.
Under this regulation, content aggregators are barred from forming bouquets which have channels from more than one broadcaster. While curbing the powers of the content aggregators, the sector regulator has allowed them to function as ‘agents’ of broadcasters. The aggregators can continue to sell bouquets of more than one broadcaster, but they will be able to bundle channels from only one broadcaster.
Salient features of the regulation
- Only broadcasters and not content aggregators will have to publish
the Reference Interconnect Offers (RIOs) and enter into interconnection
agreements with distribution platforms. However, in case a broadcaster
is using the services of an agent, such authorised agent can only act in
the name of and on behalf of the broadcaster.
- Content aggregators can act as agents of multiple broadcasters and
negotiate deals on their behalf, but they cannot bundle channels of
multiple broadcasters. However, broadcaster companies belonging to the
same group can bundle their channels.
- In case an agent acts as an authorised agent of multiple
broadcasters, the individual broadcasters will be required to ensure
that such an agent does not bundle its channels or bouquets with that of
other broadcasters.
Source: http://cablequest.org/news/national-news/item/5081-cq-tv-today-takes-trai%E2%80%99s-in-delhi-hc-for-%E2%80%98content-aggregators%E2%80%99-regulation.html
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