TRAI regulation No. RG-8/1/(9)/2021-B AND CS(1 AND 3) · 08 Jul 2024
Official record
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Check the official recordThis Order amends the 2017 Tariff Order for addressable systems, introducing forbearance for Network Capacity Fees (NCF) and removing the 40% ceiling on NCF for additional TV connections in multi-TV homes. It permits distributors to offer up to 45% discount on a-la-carte channel prices when forming bouquets. The Order mandates that channels available on DD Free Dish without subscription fees cannot be declared as pay channels for addressable platforms. It introduces a framework for financial disincentives for non-compliance, categorized by the nature of the contravention, with specific caps and interest provisions for delayed payments. Distributors must now declare maximum retail prices for platform services. Most provisions take effect 90 days from publication, while specific clauses regarding definitions and reporting take immediate effect.
What you must do
Key dates
Who is affected
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Exceptions
If you do not comply
TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART III, SECTION 4
TELECOM REGULATORY AUTHORITY OF INDIA
NOTIFICATION New Delhi, the 8th July 2024
THE TELECOMMUNICATION (BROADCASTING AND CABLE) SERVICES (EIGHTH) (ADDRESSABLE SYSTEMS) TARIFF (FOURTH AMENDMENT) ORDER, 2024 (No. 1 of 2024)
No. RG-8/1/(9)/2021-B AND CS(1 AND 3).--- In exercise of the powers conferred by sub-section (2) 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, -----
issued, in exercise of the powers conferred upon the Central Government by proviso to clause (k) of sub-section (1) of section 2 and clause (d) of sub-section (1) of section 11 of the said Act, and
published under notification No. S.O. 44 (E) and 45 (E) dated 9th January, 2004 in the Gazette of India, Extraordinary, Part II, Section 3, ----
the Telecom Regulatory Authority of India hereby makes the following Order to amend the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 (1 of 2017), namely: -
(2) This Order shall apply throughout the territory of India.
(3) This Order shall come into force after ninety days, from the date of its publication in the Official Gazette, except clause 2, 7 and 8 of this Order which shall come into force from the date of publication of this order in the Official Gazette.
“(zaa) “Platform Services means programs transmitted by distribution platform operators exclusively to their own subscribers and does not include Doordarshan channels, registered TV channels and foreign TV channels that are not registered in India.”
“Provided also that a channel, which has been granted downlinking permission by the Central Government and is available without any subscription fee on the direct to home platform of the public service broadcaster, shall not be declared as pay channel for addressable distribution platforms.”
(a) in sub-clause (1), ---
(i) the first and second provisos shall be deleted;
(ii) for the third proviso, the following provisos shall be substituted, namely: ---
“Provided that a distributor of television channels shall be free to declare different network capacity fee for different,-
(i) number of channels offered by it; (ii) regions in its service area; (iii) classes of consumers; and (iv) any combination of (i) to (iii) above;
Provided also that every classification between consumers shall be based on intelligible eligibility criteria where such criteria shall have a rational nexus to the purpose of the said classification;”
(iii) for the fourth proviso, the following proviso shall be substituted, namely: ---
“Provided further that a distributor of television channels shall be free to declare network capacity fee, per month, for each additional TV connection, beyond the first TV connection in a multi-TV home and such capacity fee, in no case, shall exceed the fee declared for the first TV connection.”;
(iv) the fifth proviso shall be deleted.
(b) in sub-clause (4), in the second proviso, for the words “eighty five percent”, the words “fifty five percent” shall be substituted;
(c) after the sub-clause (11), the following sub-clause shall be inserted, namely: ---
“(12) Every distributor of television channels shall declare maximum retail price, per month, for each platform service provided by it.”;
(a) in sub-clause (1)—
(i) after the word “Authority” and before the word “namely” the word “in such manner, as may be specified” shall be inserted;
(ii) in the second proviso, for the bracket, word and digit “(Third Amendment) Order, 2022”, the bracket, word and digit “(Fourth Amendment) Order, 2024” shall be substituted;
(iii) in the third proviso, in item (a) , after the words “prior to such change”, the words “in such manner, as may be specified” shall be inserted;
(b) in sub-clause (2), -----
(i) after the word “furnish to the Authority” and before the words “the following information”, the words “in such manner, as may be specified” shall be inserted;
(ii) in the second proviso, in item (a), after the words “prior to the change”, the word “in such manner, as may be specified” shall be inserted;
(a) in sub-clause (1),---
(i) after the word “Authority” and before the word “namely” the word “in such manner, as may be specified” shall be inserted;
(ii) for item (a), the following item shall be substituted, namely: ---
“(a) network capacity fees declared based on number of channels, different regions, different customer classes or any combination thereof;”;
(iii) item (b) shall be deleted.
(iv) after item (i), the following item shall be inserted, namely: ---
“(ia) list of all platform service channels along with their maximum retail price, available on its distribution platform;”;
(v) in the first proviso, for the words “first such report” the words “information as required under this sub-clause ” shall be substituted;
(vi) in the second proviso,-
(A) for the bracket, words and digit “(Third Amendment) Order, 2022”, the bracket, word and digit “(Fourth Amendment) Order, 2024” shall be substituted;
(B) for item (a), the following item shall be substituted, namely: ---
“reported to the Authority in such manner, as may be specified, at least fifteen days prior to such change; and –”;
(vii) after the second proviso , the following proviso shall be inserted, namely:--
“Provided also that any subsequent change in the network capacity fee, name, nature, language, distributor retail prices of pay channels, distributor retail price or composition of bouquet of pay channels and composition of bouquet of free-to-air channels, network capacity fee for each additional TV connection beyond first TV connection in a multi TV home, long term subscriptions, maximum retail price of platform services and introduction or discontinuation of any channel on its platform, as the case may be,---
(a) shall be reported to the Authority, in such manner, as may be specified , at least fifteen days prior to such change, and
(b) shall also be simultaneously published on the website of the distributor.”;
(b) in the sub-clause (1A), after the words “shall report to the Authority” and before the words “ and also communicate” the word “in such manner, as may be specified ” shall be inserted;
(c) in sub-clause (2), after the word “shall submit to the Authority” and before the words “the report containing” the words “in such manner, as may be specified” shall be inserted.
“(8A) Consequences for failure to comply with the provisions of this Order by the broadcaster or distributor.— (1) If any broadcaster or distributor of television channels, as the case may be, contravenes the provisions of the Order, it shall, without prejudice to the terms and conditions of its license or permission or registration, or the Act or rules or regulations or order made or direction issued thereunder, be liable to pay the financial disincentive specified under Schedule-I, as the Authority or an officer authorized by the Authority, as the case may be, may by order direct:
