I
(under sub-regulation (5) of regulation 3)Consumer Application FormThe consumer application form may be devised in Hindi, English and the regional language of the area of operation of the distributor of television channels or its linked local cable operator, as the case may be, and shall contain the following information-Part A – Consumer information
3. Contact Numbers (Mobile/ landline)
5. Aadhaar Number (Optional)
Part B – Service Subscription related information
6. Details of service subscribed:
(a)name of a-la-carte pay channels/bouquets of pay channels and their distributor retail prices(b)bouquets of FTA channels(c)lock in period, if any(d)[ long term subscription, if any (e)number of TV connections in case of multi TV home.]7. [Region-wise] Network capacity fee -
(a)for up to [200] SD channels(b)[ for more than 200 channels] (c)[ for each additional TV connection beyond first TV connection in case of multi TV home.] 8. Mode of payment (pre-paid or post paid)
9. Subscription amount to be paid (monthly/half yearly/yearly/etc.)
Part C – CPE related information
10. Scheme opted (Outright purchase/rental/other schemes )
11. Monthly rental for CPE if it is under rental scheme
12. Refundable security deposit for CPE if any
13. Retail price of CPE if it is under outright purchase scheme/other scheme
15. Type of set top box (MPEG2/MPEG4)
16. Guarantee/Warrantee/AMC details
Part D – Customer care centre related information
17. Toll free customer care centre number
18. Any other customer care centre numbers
19. Customer care centre e-mail
Part E – Distributor of television channel/Local Cable Operator related information
20. Name of the distributor of television channels/LCO
Part F – Details of payment made
25. Refundable security deposit, if applicable
26. Monthly rental for CPE and period of rent if applicable
27. Retail price of CPE in case of outright purchase scheme or other scheme
29. Activation fee
(Note: In case of printed CAF, Part D, Part E and Part F may be provided in the form of detachable acknowledgement receipt.)
II
(under sub-regulation (3) of regulation 31)Consumer CornerThe Consumer Corner web page shall contain the following information including but not limited to:1. List of channels and bouquets available on the platform
(b)Pay channels and their MRP and distributor retail price(c)List of bouquets of FTA channels and their composition(d)List of bouquets of pay channels formed by broadcaster with composition and their respective MRP and distributor retail price(e)List of bouquets of pay channels formed by the distributor with composition and their distributor retail price(f)Details of lock in period, if any, in respect of a-la-carte channel or bouquets,2. [ Details of region-wise network capacity fee, per month
(a)payable by a subscriber for 200 SD channels(b)payable by a subscriber for more than 200 channels]3. Subscription process for subscribing channels on a-la-carte basis
Details of the provisions made by the distributor of television channels for enabling a-la-carte subscription of channels such as website, customer care centre, mobile apps etc are to be provided,4. CPE Schemes: Scheme type, CPE price, and other terms and conditions
(a)Outright purchase scheme- Price- Guarantee/ Warranty term- Maintenance provisions of CPE, AMC etc.- Rental amount- Security deposit, if any- Other terms and conditions- Details of the scheme- Other terms and conditions- Price of CPE- Price of channels and bouquets included in the scheme bundled with CPE- Network capacity fee bundled with CPE,5. Procedure for obtaining a new service connection and timelines,
6. Provisions for temporary discontinuation of services and details of restoration fee and reactivation fee, if applicable,
7. Provision for relocation of connection and applicable charges,
8. Complaint redressal process:
(a)Through customer care centre(c)Through Web based management System,9. Consumer Agreement Form (CAF),
11. Toll free number of customer care centre and other contact details,
12. Availability of customer care programming service with its LCN,
13. Any other information relevant for the consumers.
III
(under sub-regulation (4) of regulation 31)Subscriber CornerThe Subscriber Corner shall contain the following features and information, but not limited to:1. Login access to the subscriber,
2. Subscriber information: Name, address, registered phone, email, Aadhar No. etc.,
3. Details of subscribed services, channels, bouquets, validity, lock in period (if any),
4. Details of selected CPE scheme,
5. Details of AMC scheme selected, if any,
6. Billing details /billing cycle/Account balance/ Dues,
7. Usage details for last six months/ provision for printing,
8. Bill Payment guidelines,
9. Payment details for last six months,
10. Complaint registering and status monitoring,
11. Completed CAF access/reprint,
12. Toll free number of customer care centre and other contact details,
13. Any other relevant information.
IV
(under regulation 37)Manual of PracticeManual of Practice should contain the following:-1. Name and address of the distributors of television channel,
2. Terms and conditions of service offered by the distributor of television channel,
3. Name, designation and e-mail, contact telephone number, facsimile number and address of the Nodal Officer,
4. Details of provisions for consumer protection as specified in these regulations:-
(b)price protection for advance subscription payment(c)temporary discontinuation of service(d)disconnection of services(e)terms and conditions for billing and payment,5. Procedure and benchmark for complaint redressal,
6. Any other relevant information.
Explanatory Memorandum:-1. The Broadcasting and Cable Services came under the regulatory ambit of TRAI on 01.09.2004. TRAI is vested with the responsibility of ensuring orderly growth of the broadcasting sector while protecting the interests of the consumers. The Authority has undertaken several measures in this regard and issued Quality of Service (QoS) regulations for different delivery platforms such as Cable TV, DTH, etc in the past. The first QoS regulation was issued on 23rd August, 2006 to regulate the quality of service of cable television services in the Conditional Access Systems (CAS) areas. Subsequently, QoS regulations for DTH services were issued in 2007. Similar regulations were issued for cable TV services in non-CAS areas in 2009, followed by QoS regulations for addressable Cable TV service in 2012. A separate regulation for consumer grievance redressal mechanism for addressable cable TV systems was also issued in 2012. In addition, some QoS issues were also addressed through tariff orders, interconnection regulations and directions, issued by the Authority from time to time.
2. The broadcasting sector has now achieved significant level of digitization and it is expected that digitization would be completed by March 2017. Thereafter, broadcasting services will be delivered by different delivery platforms to the consumers through only addressable systems. In such scenario, ICTs can be used as an effective tool in enhancing the quality of services by enabling provisions such as subscription through electronic means, electronic billing and payment, web enabled online complaint and redressal mechanism, electronic CAF etc. Therefore, there is a need to provide a comprehensive uniform QoS regulations for different delivery platforms in addressable environment for healthy competition, transparency and growth with provision of good quality of services to the consumers. Accordingly, the Authority decided to go in for a consultation process before laying down benchmarks for quality of service standards for addressable systems.
3. The prime objective of the consultation was to harmonise the existing QoS regulations issued by TRAI from time to time and to formulate a unified regulatory framework for different platforms. It is expected to result in better awareness about the regulatory provisions amongst the consumers while improving the compliance and monitoring of the new regulatory framework. The consultation also laid emphasis on various measures for consumer protection. Another thrust area was ensuring adequate publicity of the schemes and services offered by distribution platform operators (DPOs) for improving consumer awareness to enable them in making informed choices.
4. The consultation paper was issued on 18th May 2016 inviting comments from the stakeholders. A total of 29 comments and 2 counter comments were received. An open house discussion was held on the 28th July 2016 at New Delhi. Based upon the analysis of the comments and counter comments, draft regulations were put on TRAI website on 10th October, 2016 seeking specific comments from stakeholders. In response, 48 comments have been received from the stakeholders. These comments have been analysed and the paragraphs hereunder briefly summarize the analysis and set out the basis and rationale for the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2016.
5. In the consultation paper, comments of the stakeholders were sought on the broad nature of regulatory framework required in the evolving broadcasting scenario and on the need of a common framework for different platforms. Majority of the DPOs have shown preference for a self regulatory regime, whereas few broadcasters and consumer organisations have suggested for regulated framework. A large number of DPOs are providing services in different areas of the country catering to varying subscriber base from few thousand to millions. In some areas only a single DPO is providing services to a small subscriber base. In such scenario self-regulatory mechanism may not be an effective approach. It is observed that consumer choice is still not being fully enabled even in areas where digitization has completed and therefore regulatory oversight appears necessary. An oversight mechanism by regulator would enable DPOs to create standardized infrastructure for providing better quality of services to the consumers. The Authority is therefore of the view that regulated framework shall be the appropriate model for ensuring QoS and consumer protection in the broadcasting sector.
6. On the issue of having a uniform QoS regulatory framework for addressable platforms, majority of the stakeholders have supported this requirement. However, some DPOs oppose it stating that various DPOs work on different business models. The present regulatory framework caters to specific distribution platforms and it was aimed to address prevalent issues at that time. Different QoS regulations make it difficult to create awareness amongst consumers. From the consumer's point of view, uniformity in the QoS provisions would lead to improved consumer awareness as all DPOs will disseminate information based on common QoS framework. Accordingly, the Authority is of the view that a uniform regulatory framework for QoS shall be adopted with some platform specific provisions, as may be, required keeping in view the nature of such platform.
7. Provisions of TV Broadcasting services by the DPOs is the first step towards offering services to consumers. In addressable systems, it is a prerequisite to set up a Subscriber Management System (SMS) for managing subscriptions, management of services, billing and payments. The SMS is to be integrated with a Conditional Access System to provide encrypted signals to the subscribers. The SMS has to confirm to the provisions and specifications as mandated in the applicable interconnection regulations and tariff orders notified by the Authority from time to time.
8. In order to provide good quality of services to the consumers it is important that DPOs have to ensure wide publicity of their offers and services for consumer awareness and provide user friendly methods to consumers for submitting their requests through multiple means for subscription to offered services. Consultation was held with the stakeholders on various methods that can be useful for increasing the consumer awareness. Stakeholders have suggested use of various means such as scrolls, short messaging service, websites, advertisements across mass media, etc. Therefore, in addition to customer care centre and website, other methods such as short messaging service, email, mobile applications etc. may also be adopted by the DPOs for ease of subscription.
9. The existing regulatory framework mandates that all channels on the DPO platform shall be offered for a-la-carte subscription to consumers. This provision of regulation is an important step towards enabling consumers' choices. It has been observed that sometimes DPOs put restrictive condition on a-la-carte subscription. For example, a channel or bouquet can be subscribed only if an add on pack is also subscribed or it can be subscribed for certain specific period only. Such conditions defeat the intent of the regulations and restrict the choices to the consumers. Therefore, in the draft regulations it was proposed that all channels and bouquets available on DPOs platform shall be compulsorily offered, without any condition, under monthly subscription schemes. However keeping in view the business concerns of the DPOs, the DPOs may, in addition to mandatory monthly schemes, offer the channels or bouquets under other schemes which may have different lock in duration of subscription. A few stakeholders have suggested that the provision is restrictive in nature as it may result in very frequent change in subscriber choice. In the addressable system, the DPOs are free to offer attractive services for shorter as well as longer durations as per their business concerns to provide better choices to the consumers. Therefore, the provision is not restrictive. Further, any change in the service once subscribed by the subscriber under monthly scheme can take place only after a period of one month. The Authority is therefore of the view that all channels and bouquets available on DPOs platform shall be compulsorily offered, without any condition, under monthly subscription schemes.
10. The existing regulatory provision also provides six months protection to consumers with regard to price and composition of the package subscribed by them. The need of this provision in new MRP based framework was also consulted. The stakeholders have not favoured continuation of the said provision. The new tariff regime is based on MRP of channels to be declared by the broadcasters, therefore the retail tariff may not vary arbitrarily. Further, in addressable systems, the consumers can subscribe, modify or change their packages as per their requirements and the DPOs as per the business requirements can also offer channels, packages with different subscription period options e.g. on monthly, yearly basis etc. Therefore, the formation of offers and packages is available to the DPOs, except that a monthly subscription scheme in respect of all channels and bouquets available on DPO platform shall be mandatorily made available. Sometimes DPOs offer attractive schemes with longer duration subscription lock in periods for which subscribers are charged in advance. In order to protect the interest of such subscribers, it would be justifiable if the price protection is given to the subscribers of such schemes during the lock in period. Therefore, the Authority is of the view that the price protection shall accordingly be limited to the period for which advance payment has been made by the subscribers, either under pre-paid or post-paid option, with regard to their subscription.
11. It is important for the DPOs to declare and notify the details of terms and conditions of their services offered to consumers, as specified in the regulation before offering such services to consumers. Such details also need to be informed to the consumers at the time of providing connection enabling them to take an informed decision. This information has to be declared and notified by the DPOs through website, customer care programming service, and other means for publicity to the consumers. The stakeholders are in agreement with such provisions to be prescribed in the regulations.
12. Consultation was also done on standardization of information sought in the CAF and use of electronic CAF. A few stakeholders have suggested that copy of CAF should be allowed to be made available to the subscriber in electronic form also. Another DPO has suggested that the CAF should be withdrawn as there are no security concerns in subscription of TV services unlike in telecom services. It may be appreciated that CAF constitutes the basic agreement between the subscriber and the DPO with regard to the services being subscribed, therefore it is important that CAF is duly completed by a subscriber and a copy is provided to him. Further the details captured in CAF are to be registered on the SMS which is used to manage the services to the subscriber and also for billing, payment and for determining the revenue flows along the value chain. Therefore, the Authority is of the view that CAF is necessary for availing TV broadcasting services from the DPOs and the services to a subscriber shall be activated only after entering the details of relevant information obtained through CAF in the SMS.
13. DPO's are handling millions of subscriber details which include their personal information. Therefore, it is essential that this information should not be misused by DPO's in any manner. DPO's shall ensure privacy and protection of subscribers' personal information as per law and the same should not be used for any other purpose except in context with provisioning of TV broadcasting services to the subscribers.
14. The process of providing a new connection was consulted with stakeholders. In the existing regulations different timelines have been prescribed for this process depending on the type of platform, for example a provision of 4 days in cable and 5 days in DTH is prescribed for providing a new connection. A few DPOs have stated that it should be left to their discretion to devise their own timelines for providing a new connection. While majority of DPOs have suggested timelines between 48 to 72 hrs for processing the services request and 5-15 days for providing new connection. The broadcasters have suggested that TRAI should formulate timelines for various stages for providing a new connection. The Authority is of the view that timeline for providing a new connection may vary depending upon the area where the connection is to be provided. While in cities and urban areas it may be feasible for DPOs to provide connection quickly, in case of remote areas it may take several days. Providing a new connection at the earliest is also related to the business concerns of DPOs. The Authority is therefore of the view that new connection shall be provided and activated by DPO's within 7 days of receipt of request from consumer subject to technical and operational feasibility. These timelines are the upper ceilings and the DPOs are free to declare shorter timeline of less than 7 days which may be informed transparently to the consumers.
15. As per the existing regulatory framework for DTH sector, DTH operator may charge installation charge and activation charge from the consumers at the time of providing a new connection, subject to the ceiling prescribed in the Tariff Order. These charges were prescribed by the Authority after a detailed consultation with the stakeholders and obtaining inputs from the industry. The issue of installation charge and activation charge is important in other platforms as well, where in absence of any ceilings, consumers are being charged arbitrarily for installation and activation. In some cases, the activation fee being charged for a STB is equal to the cost of the STB itself. It is also reported that different installation and activation fees are being charged under different schemes for provision of set top box. Further different activation fee is being levied for SD and HD STB. There cannot be such difference in the installation and activation fees as per type of scheme or type of STB, as the installation and activation process remains by and large same.
16. Some DPOs have commented that installation and the activation charges are dynamic and depend upon various factors including the geographical considerations. Therefore it should not be regulated and left to the DPOs. The consumer groups on the other hand have opined that the Authority should consider lowering the prescribed ceiling for total of installation & activation charges in the range of Rs. 200/- to Rs. 250/-. The present ceilings for installation and activation charges were finalized in the TO after a due consultation process and analysis of relevant data. An amount upto Rs.350/- towards the installation charges and upto Rs.100/- towards the activation charge were permitted to be charged from consumers in DTH sector. The Authority is of the view that in the interest of consumers, these prescribed ceilings are required to be retained and applied uniformly across all addressable platforms. DPOs are free to charge lesser installation and activation fee if they so desire.
17. Once the services have been subscribed by a subscriber it should be open to him to modify his subscription as per his preferences, subject to any specific terms and conditions as might have been agreed to at the time of such subscription. At the same time the DPOs should also not change the composition of his services without request of the subscriber, unless it is due to conditions beyond their control. The Authority therefore prescribes that DPOs shall activate the channels and bouquets as may be requested by a subscriber within a reasonable time not exceeding 72 hours. The deactivation requests shall also be completed within prescribed time frame subject to any lock in period as agreed at the time of subscription.
18. In addition to subscriber request, the channels or bouquets may get dropped from the platform for reasons beyond the control of DPOs. DPOs may also want to drop channels or reconstitute an existing bouquet due to business concerns. In such cases the subscriber should not get affected adversely. The Authority has therefore prescribed measures for these different scenarios as explained below.
(i)No DPO shall make any changes in subscription of a subscriber, without obtaining a request from the subscriber and such request records shall be kept for atleast period of three months. In case of any dispute, such records shall be preserved by the DPO's till disposal of such disputes or three months, whichever is later.(ii)In case of dropping of pay channels or bouquets of pay channels of broadcaster, which become unavailable on the platform of a DPO due to any reason, the Authority prescribes that the DPO will not charge the subscribers for such pay channels or bouquets of pay channels. DPOs shall not substitute for dropped channels or bouquets as the case may be without the request from the subscriber.(iii)If the dropped pay channels happen to be part of bouquet offered by the DPO, in such case the DPO shall reduce the subscription charges payable by the affected subscribers and the reduction in subscription charges shall be an amount equivalent to discounted distributor retail price of that channel, taking into account the discount offered by the distributor on such bouquet.(iv)Further, a DPO is not permitted to modify the bouquet of a subscriber by dropping or replacing channels which continue to be available on its platform. The subscriber is restricted to modify the subscription of a-la-carte channels or bouquets during the lock-in period, if any, for such channels and bouquets as accepted by him at the time of subscription.19. Any change in composition of a bouquet by a DPO when the channels continue to be available on its platform shall be construed as a formation and introduction of a new bouquet and discontinuation of the earlier bouquet i.e. in case a channel is dropped from a bouquet, it shall constitute as creation of new bouquet without the dropped channel and the earlier bouquet that contained the dropped channel shall be deemed to be discontinued. The rules as prescribed in the regulation for introduction of a new bouquet & dropping of a bouquet shall be followed by DPOs. However, in case the nature of channel is changed by a broadcaster or the MRP of that channel is increased beyond rupees nineteen and if such channel is part of a subscribed bouquet, the distributor, irrespective of the lock-in period of the scheme, shall remove such channel from the bouquet and reduce the subscription charges of that bouquet payable by such subscriber by an amount equivalent to discounted distributor retail price of that channel, taking into account the discount offered by the distributor on such bouquet. Further, if any channel included in the subscription package of a subscriber, is removed by the distributor of television channels due to change of nature or increase in MRP, such distributor shall not substitute the removed channel with alternative channel in the subscription package of such subscriber.
20. In context with above provisions majority of the stakeholders have agreed that there should be a provision for offering rebate to the subscriber in case of channel subscribed by him is dropped by DPOs due to its non availability on DPO platform. Some DPOs have suggested that they should be allowed to substitute the dropped channel after obtaining the consent. However it has been observed that the provision regarding substitution of similar genre channel has been misused in the past and DPOs often push through the channel that is not wanted by the subscribers. The Authority is of the view that above provisions adequately safeguards the interests of stakeholders and therefore prescribes the same in the QoS regulatory framework.
21. The stakeholders were consulted for extending the existing provision relating to temporary suspension of service upon the request of subscribers to all addressable platforms. DPOs are of the view that they should be permitted to charge resumption fee varying from Rs.50 to Rs.100 on each occasion and such suspension may be allowed twice in a year limited up to total 4 months period. Accordingly, the Authority has decided that subscribers should be empowered to suspend their services temporarily and that the existing regulatory framework should be extended to other platforms also. However, as the DPOs incur certain costs towards processing the request and temporarily suspending the subscribers from the SMS, they may charge a notional fee. As the work to be done in restoration of a temporary suspended connection is much lower than the work involved in activation of a new connection, a restoration fee of Rs. 25/-, one fourth of the activation fee (which is Rs 100/- as per existing regulation) is justified. If the temporary suspension continues for more than three months, it shall be open to the DPOs to de-activate such subscriber from the SMS. Thereafter reactivation of service in such a case will attract an activation fee, which may be upto Rs 100/- (the existing limit of activation fee). It may be clarified here that any subscriber who is not active for three months shall not be counted towards active subscriber while reporting such information to TRAI.
(i)Payment defaults by subscriber may also lead to temporary suspension of service. As the DPOs have to make payments to the broadcasters, irrespective of default at consumer level; timely payments are important for the seamless revenue transactions along the value chain. As per existing QoS regulations for DTH no charges, other than charges in respect of CPE, relating to the period during which direct to home services remain discontinued due to any reason are payable by the subscribers and no reactivation charges for resumption of service are to be levied by DPOs. This provision has been reviewed and the Authority is of the view that if services to a subscriber are suspended due to payment default, and such suspension continues for a period more than three months, DPOs may de-activate such subscriber from the SMS and may charge a fee up to activation fee of Rs 100/- for resumption of services. In addition to activation fee, DPOs will also be entitled to recover the outstanding dues along with interest chargeable at a rate not exceeding 2% higher than the base rate notified by State Bank of India from time to time, on the amount payable by the subscriber for the period of such delay. Further such subscriber shall not be included in the active subscribers of the DPO if it is not active for last 3 months. The DPOs shall inform such charges, if any, prescribed by the DPOs for restoration of temporary suspension and activation of service to the subscribers through websites and customer care programming service.(ii)No other charges shall be payable by the subscriber during the temporary suspension period, except the rental charges for the CPE, if it has been obtained under rental scheme. Further any subscriber who remains suspended beyond three months shall not be counted as an active subscriber of the DPO. These provisions of the draft regulation have been agreed to by most stakeholders.22. Consultations were also held on the issue of disruption in services and how the interests of subscribers can be protected if there is a continued disruption in services. The existing regulatory framework provides that all complaints related to "No Signal" are to be resolved within 3 days. This provision is being complied with by the DPOs. The Authority is of the view that in case any disruption continues beyond 72 hours, the subscriber shall not be charged for the entire duration of such continued disruption. The period of such disruption shall be counted from the time a complaint to this effect is registered by a subscriber with the DPO or concerned customer care centre in case of individual fault and from the occurrence of fault if bulk subscribers are affected. The adjustment to the subscribers can be provided in terms of equivalent additional subscription days or by providing proportionate credit to subscriber's account, as the case may be. In case of likely disruption due to any planned maintenance, DPOs should give at least 15 days of advance notice to the subscribers.
23. Shifting of connection from one location to another involves dismantling of CPE, from the subscribers premises and installing the same to another new location. Logically, process involved in shifting of connection to another location is similar to providing a new connection in addition to dismantling work. Subscriber details of new address are to be updated in the SMS and thereafter the services are to be activated. Therefore DPOs incur costs for shifting of connection also. The Authority is of the view that in case where the dismantling of outdoor equipment is done by the DPO and the connection is reinstalled at a new location, the DPO may charge an amount not exceeding twice the installation charges notified by the DPO within the prescribed ceiling. However, in cases where no shifting of outdoor equipment is involved, DPOs may charge a fee not exceeding the installation charges as notified by the DPO within the prescribed ceiling.
24. Comments of stakeholders were sought on how to improve customer care services, consumer complaint and grievance redressal in the addressable systems and if the customer care centre infrastructure can be outsourced to another agency keeping in view the constraints faced by smaller DPOs. Stakeholders have suggested that DPOs should widely publicise their consumer care numbers, toll free number and customer care centre details though various modes such as advertisement, scrolls on the channels, website, short messaging service, b-mail and customer care programming service etc. DPOs have also favoured outsourcing of customer care centre. The Authority therefore permits outsourcing of QoS infrastructure such as website, customer care centre, web based complaint management system etc but the responsibility of QoS compliance and reporting shall solely lie with concerned DPO.
25. Consultation was held on the issue of accessibility of customer care centre to consumers. DPOs have suggested varying access time such as 24 hrs, 8.00 to 00.00 hrs, 7.00 hrs to 23.00 hrs, 8.00 hrs to 23.00 hrs etc. Stakeholders generally supported the view that IVR services and customer care centre may provide option of regional language in addition to English and Hindi language. It was submitted by one DPO that call volume traffic gets heavily skewed towards the prime time viewership hours, that is, during 7.00 pm to 10.00 pm and nearly 25% of the entire day's call volume is received during these three hours. Therefore it is not sustainable to build capacity on the basis of these three hours prime time peak as for the rest of the day the resources would remain idle. Accordingly, stakeholders have requested for review of the bench mark of response time for voice to voice response and suggested the said benchmark should either be 90% in 90 sec or 95% in 150 sec.
26. The Authority is of the view that the operational hours of 8.00 to 22.00 hrs for operation of customer care centre are justified as this period covers normal business hours and prime time for television viewing. DPO may however extend accessibility hours beyond this period depending on their business requirements. Further, the IVR response for electronically answered calls shall be 90% calls to be answered within 40 seconds and for voice assisted calls 90% calls to be answered within 90 seconds.
27. Comments were sought from stakeholders on the issue of recording of subscribers consent for subscriber driven action related to their subscription. Stakeholders have favoured such provisions in the QoS with recording of the communication for period of several months. The Authority is of the view that services once subscribed by the subscriber should not be modified without specific request of the subscriber to do so and such request related communication should be duly preserved for a period of at least three months. Different methods using registered mobile number, registered email, call records, IVR records, etc. may be devised for receiving such request.
28. The issues relating to billing method and billing cycle were consulted with the stakeholders. Majority of the DPOs were of the view that pre-paid payment system may be encouraged, however choice of implementing pre-paid and post paid method may be left to them. With regard to billing cycle for pre paid or post paid system, a few DPOs have suggested that billing cycle for pre paid may be 30 days from the date of activation of services while for post paid the billing cycle may be a calendar month. Some DPOs have suggested that it should be left to them to decide. The Authority is of the view that the DPOs or its linked local cable operator, as the case may be, may offer their services either on pre-paid or post-paid or both pre-paid & post-paid as per their business requirements. The billing cycle for pre paid shall be 30 days from the date of activation of services while for post paid the billing cycles shall be a calendar month. In case of pre-paid model, DPOs or local cable operators, as the case may be, shall inform the amount debited to the subscriber at the end of every billing cycle through electronic means. In case of post paid billing, a proper bill conforming to the provisions of applicable laws with usage details shall be provided to the subscribers. The post paid bill can be provided in print form or in electronic form as may be opted by the subscribers. The subscribers shall also be provided online access through website or other electronic means for accessing their billing and payment statements for preceding six months without any charge.
29. In order to protect the interest of consumers, the Authority has consulted with the stakeholder for developing a consumer friendly common framework of CPE/STB schemes in addressable systems. At present three CPE schemes viz. outright purchase, hire-purchase and rental schemes have been prescribed by the Authority. This apart, DPOs have also been permitted to offer other schemes where they generally bundle CPE with the service subscription. It has been observed that complete details of CPE schemes are not made available to the subscribers and issues related to ownership and maintenance often lead to disputes.
30. There is a consensus among the stakeholders that essential information about CPE, namely, price, guarantee/warrantee, AMC, provision for return and other charges associated with CPE must be transparently informed to the consumers while offering such schemes. The Authority has analysed the comments of stakeholders on the issues related to CPE/STB. From a consumer's perspective, it is of utmost importance that a simplified and common CPE framework is developed in order to make the consumers well aware of the provisions. Considering that digitization for the first three phases have been completed to great extent and in the present market scenario, the Authority is of the view that two mandatory schemes, namely, outright purchase scheme and rental scheme, are sufficient to cater to the interests of the consumers. Additionally the DPOs may offer other schemes as per their business concerns.
31. In the outright purchase scheme the DPO shall declare and notify the retail price of CPE with a guarantee/warranty period of at least one year during which the subscriber shall not be required to pay any charge towards repair and maintenance of the CPE. The ownership of the CPE shall remain with the subscriber under this scheme. The DPO shall also offer an annual maintenance scheme at reasonable price for the CPE provided under such scheme after the expiry of guarantee/warranty period.
32. In the rental scheme, the DPO shall declare and notify the monthly rental amount and other terms and conditions, if any for CPE. The DPO may specify a refundable security deposit under this scheme as may be considered appropriate. The ownership of CPE shall remain with the DPO in this scheme. DPOs are also free to form other schemes as per their business requirement; however the ownership of CPE in rental scheme and other schemes shall remain with DPO or its linked local cable operator, as the case may be.
33. In the draft regulations, it was prescribed that DPOs shall be responsible for maintenance of CPE that has been offered by DPO's under rental scheme and other schemes (excluding the outright purchase scheme) for a minimum period of 5 years. Majority of the DPO's are of the view that repair and maintenance for a period of 5 years would incur additional expenses to them and it is not financially viable. The Authority has examined this issue keeping in mind the comments of the stakeholders and consumers interest. It has been observed that repair and maintenance of CPE is the major bone of contention between the subscribers and the DPO's. Subscribers have been facing problems with regard to maintenance and repair of CPE that has been procured under various schemes offered by DPO's and they have been charged heavily in case any problem is detected in the CPE. Therefore, a provision needs to be prescribed to address the issues related to repair and maintenance of CPE during its useful life span, under the schemes where the ownership of CPE remains with the DPO as a safety net for the subscribers. The Authority also considered that CPE is an electronic item where life of such equipment is generally 3 to 4 years. The CPE technology is also changing rapidly due to technical advancements. Hence, it appears reasonable to define average useful life span of CPE of 3 years. Accordingly, the Authority is of the view that in case of services obtained under rental scheme and other schemes, it shall be the responsibility of the DPO's to provide interruption free services to subscribers for atleast minimum period of three years. The DPOs therefore shall ensure that CPE is maintained in good working condition during this period. The subscribers during this period of three years shall not be liable to pay any amount separately towards maintenance of CPE for any incidence of fault, except in cases where the CPE has been found tampered or physically damaged by the subscriber. The DPOs may include expenses, if any, likely to be incurred towards maintaining the CPE in good working condition for providing interruption free services during the prescribed period of three years, in their schemes that are offered to the consumers.
34. A few stakeholders submitted that there is no provision in the draft regulations for return/surrender of CPE. In this regard the Authority is of the view that the ownership of CPE rests with the DPO's for the rental scheme and the other schemes being offered by DPO's. Therefore, the provision of surrender of CPE is inbuilt in the schemes excluding outright purchase scheme. A provision is also made in the regulations to enable subscribers to surrender their connection subject to terms and conditions of subscriptions, if any. Subscribers can therefore return the CPE. A few stakeholders have also highlighted the issue relating to interoperability of STB's. The Authority has already initiated an exercise to examine the feasibility of interoperability of STB's. The Authority would come up with its view in this matter in due course of time.
35. As per the existing regulatory framework for DTH service, there is a provision of levying visit charges after guarantee/warrantee period in connection with visits for servicing of CPE at subscriber premises. The DTH operator are permitted to charge an amount not exceeding rupees two hundred and fifty as visitation charge per complaint. There is no such provision in cable TV services. In the consultation, most of the DPOs have supported levying visit charges from the subscribers for visits related to maintenance activity to be undertaken at subscriber end. A few DPOs have also suggested that it may be left to market forces to decide visit charges. After examining the comments it is observed that in the DTH the visit charges is prescribed for the external equipment like PDA, LNBC which may get disturbed due to faults not directly attributable to the DPO. Such charges are not applicable to problems related to STB, which is an indoor equipment like in case of cable connection. MSOs/HITS operators are of the view that there should not be any discrimination amongst DPOs in regard to levying of visitation charges and they should also be allowed to levy visiting charges. One consumer organization submitted that visiting charges should be made on the basis of categories of cities. Therefore, the matter has been examined by the Authority and it is decided that DPO's providing direct to home services may charge an amount not exceeding rupees two hundred and fifty as visit charges for registered complaints requiring visit of a person to subscriber's premises for maintenance, provided that no visiting charges shall be levied for complaints relating to STB. Such visiting charge shall not be debited from the pre-paid subscription account of the subscriber and receipt for payment made towards such charges shall be issued to the subscriber by the DTH operator.
36. Consultations were held with stakeholders on various methods that can be useful for increasing the consumer awareness. Stakeholders have suggested that awareness can be done through various means such as scrolls, short messaging service, websites, advertisements across mass media, etc.
37. At present, the consumer awareness related information is being provided by DPOs in different format and manner which is not easy to access and understand by the consumers. The Authority is of the view that if this information is standardised and it is provided to the consumers in a uniform manner, it will result in better publicity and improved education of consumers. As per existing regulatory provisions, the DPOs are mandated to set up their websites which can be effectively used for dissemination of this standardized information. Accordingly, in the consultation paper, the Authority had suggested for having a dedicated "Consumer Corner" link on the home page of DPO website. The page shall also contain login provisions for existing subscribers who may be provided access to additional information specifically related to them under subscriber corner. The essential information to be displayed under the consumer corner and subscriber corner was also put up for comments of stakeholders. DPOs have welcomed and shown agreement towards the suggested measures.
38. The Authority has also prescribed various other provisions for publicity of information and consumer awareness in the draft regulations which inter-alia include customer care programming service and public awareness campaign by DPO's and broadcasters. The stakeholders have agreed with these provisions.
39. Dissemination of information related to TV broadcasting services through dedicated customer care programming service can be an effective communication method. Therefore, the Authority is of the view that DPOs should provide customer care programming service for dissemination of service related information to their subscribers. Further, the Authority is also of the view that if a uniform LCN number (say 999) is assigned by all DPOs for their respective customer care programming service, it would be consumer friendly and help in creating wider publicity to such provision.
40. The Authority had already issued order for prohibition of on screen display by DPO's for giving notices to subscribers about disconnection or discontinuation or non-availability of TV channels. The Authority is of the view that such notices can be provided by DPO's through text scrolls at the bottom of the TV screen. However, the size of such scrolls should not affect the viewing experience of the subscribers. Frequency of such scrolls should also be limited so that viewing experience is not adversely affected.
41. Comments of stakeholders were sought on the technical parameters for various addressable systems. Majority of the stakeholders are of the view that existing technical parameters and standards for transmission are sufficient and there is no requirement to modify the same. Accordingly, the Authority has prescribed certain technical standards to be complied with by DPO's and broadcasters in the draft regulations which were agreed to by the stakeholders.
42. The stakeholders were consulted on the requirement of MoP and consumer charter to be provided to consumers which is required as per the existing regulatory framework. While agreeing that MoP should be made available to the subscriber, stakeholders suggested that the same may be provided in electronic form, via e-mail and through various electronic means. Therefore, the Authority is of the view that MoP should be publicised by DPO's on their website and may be provided electronically to the subscribers. The information contained in the MoP and consumer charter is almost similar in nature. Therefore, Authority is of the view that provision of Consumer charter is not required.
43. As per the new regulatory framework for interconnection, broadcasters are required to declare their channels in any one of the nine genres viz. (1) Devotional (2) General Entertainment, (3) Infotainment, (4) Kids, (5) Movies, (6) Music, (7) News and Current Affairs, (8) Sports, (9) Miscellaneous. In the regulatory framework for interconnection, certain provisions have been made in regard to listing of channels in the EPG. These regulations provide that DPOs shall assign a unique number for each channel available on its platform and such number shall not be altered by the DPO for a period of at least one year. DPOs are also required to place the channel in the EPG in such a way that channels of same genre as declared by the broadcaster are placed consecutively and one channel shall appear at one place only. Further, all television channels of the same language within the same genre shall appear together consecutively in the EPG.
44. EPG enables the subscriber to identify the Logical Channel Number of each channel available on the DPO platform. Therefore, the manner of display of channel in the EPG assumes significant importance to the subscriber. Accordingly, certain provisions were made in the draft QoS regulations as to how channels are displayed in the EPG by the DPOs. The intent of these provisions is to make subscribers aware of the name and price of all channels being carried by the DPOs so as to enable them to make informed decision for selection of channels. Further, these provisions would also enable the subscribers to easily identify the channels which they have subscribed. In the draft QoS regulations, it has been prescribed that every DPO shall display all channels (both pay and FTA channels) available on its platform in the EPG under the respective genre as declared by the broadcasters along with applicable a-la-carte MRP. It has been further prescribed that such display of a-la-carte prices for pay channels shall be their respective MRP declared by the broadcaster. In case of FTA channels, DPOs shall display "zero" for the price of the channel.
45. DPOs are in agreement with the provision of display of all channels in the EPG. However, majority of the DPO's are of the view that since MRP, as per the draft tariff order, varies from region to region, it would not be feasible to display MRP for the pay channels in the EPG. A few stakeholders have suggested that there should be sub categorisation within each genre for easy access to the channels by the subscribers. One DPO submitted that display of zero pricing of FTA channel should be done away with
46. The Authority has reviewed the matter and region based pricing of the channel as prescribed in the draft tariff order has been done away with. Therefore, the concerns expressed by the DPOs regarding difficulty for display of channels in the EPG due to variation of regional MRP pricing of channels has been addressed. The Authority is of the view that DPOs should display all channels available on their platform in the EPG with their names and their respective MRP, in case of FTA channels, the Authority is of the view that "Free" should be displayed against the name of the FTA channels in the EPG.
47. Further, the Authority finds merit regarding the suggestion of the stakeholders that there should be sub categorisation within each genre. As already mentioned, the Authority has prescribed nine genres for regulating the tariff. From the subscriber's point of view, sub-genre would enable them to easily navigate to similar channels available on the platform. Therefore, the Authority is of the view that DPOs should define the sub-genre within a particular genre on the basis of language, region, etc and the channels under sub genre should be grouped together and assigned logical channel numbers accordingly. It should be ensured that channels of same language are grouped together within sub-genre of a particular genre. It is further explained that in case the genre of a channel is changed by a broadcaster, the DPOs shall according to the regulation display the channel in appropriate genre. This will make EPG more consumers friendly insofar as selection of TV channels is concerned. The Authority expects that this manner of display of channels in the EPG by the DPOs will bring in greater visibility and transparency in informing the subscribers about all channels that are available on the platform.
48. In order to ensure good quality of TV broadcasting services to the subscribers, it is of paramount importance that the provisions of QoS regulation are complied by the DPOs and the local cable operators. It would be appropriate if the DPOs designate a compliance officer for generating awareness within their organisation regarding the provisions of the regulations and facilitating creation of required infrastructure and practices. The compliance officer will ensure timely submission of reports and information to the Authority. Here it is important to note that the role and responsibilities of the compliance officer shall be without prejudice to the provisions of the Act with regard to the responsibilities of the DPOs towards regulatory reporting and compliance.
49. In the consultation paper, the stakeholders were asked to offer their comments on the feasibility of building a framework for carrying out audit of DPOs for verifying QoS compliance and for conducting surveys towards assessment of QoS perception of the consumers. The stakeholders have supported these suggestions. The Authority is of the view that since the broadcasting sector is at the cusp of digital transition, it may take sometime for the industry to get stabilised. Further, the industry may also require time to get adjusted in the new regulatory framework propounded by the Authority in respect of tariff, interconnection and QoS. In such a scenario, the Authority may consider and prescribe such measures regarding conduct of audit and surveys for QoS in due course.
50. Consultations were held with the stakeholders as to whether any financial disincentives for QoS non compliance are to be imposed for violation of QoS provisions. In the draft regulation, the financial disincentives prescribed for MSOs/LCOs in addressable TV services were made applicable across all platforms. One stakeholder submitted that unless TRAI ensures compliance of QoS regulations at the end of DPOs, any attempt to implement the tariff order and/or Interconnect Regulations would have an adverse and cascading impact on all stakeholders. Another stakeholder submitted that there are no punitive measures prescribed in the regulations in the form of financial disincentives and/or recommendation of cancellation of licence in the event of default. Therefore, the Authority has made provisions for designating a Compliance Officer by DPOs who would ensure the compliance of QoS norms prescribed in these regulations. It is observed that the broadcasting services related to television are being delivered to consumers through digital addressable systems in most areas of the country and the process of digitization is expected to be completed by completion of phase-IV. In case of major DPOs, the basic infrastructure for implementing the QoS regulations is already available on ground. However, in case of smaller MSOs, adequate time frame may be required for implementation of the framework. The Authority will continue to monitor the implementation and compliance of the QoS provisions by the DPOs and if required, and review the matter at appropriate stage for consideration of financial disincentive for non compliance of prescribed QoS provisions and benchmarks.
51. These Regulations shall come into effect after 180 days from the date of their publication in the Official Gazette. The Authority is aware that, as on the date of publication of these regulations in the Official Gazette, there would be large numbers of packages, bouquets/channels and plans subscribed by existing subscriber based upon the framework of earlier QoS regulations. Therefore to protect the interests of consumers as well as DPOs and to enable a smooth transition from the old regulatory framework to the new one, the Authority has provided a time up to 180 days to either discontinue or modify all their existing packages, bouquets/channels and plans in compliance with the provisions of the regulations and the tariff orders. The DPOs are advised to modify their existing packages, bouquets/channels and plans well in advance before commencement of these regulations so as to ensure adequate publicity and awareness amongst the subscribers. Accordingly, the Authority is of the view that the provisions related to offering of services, CPE scheme, Customer Care Centre, Customer Care Programming Service and website are implemented within 120 days from the date of publication of these regulation in the Official Gazette. It is also necessary that an aggressive public awareness campaign should be conducted by DPOs in regard to the provisions that are having direct bearing on the consumers during the transition period so as to enable the consumers to make informed decision for subscribing broadcasting services related to television. The Authority is conscious of the fact that the existing subscribers should not face any undue inconvenience and hardships while the DPOs move from the existing QoS framework to the new regulatory framework. Therefore, DPOs are required to ensure that necessary changes in the infrastructure and services to be offered in the new regime are implemented well in advance for the smooth transition.
Explanatory Memorandum to Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) (Second Amendment) Regulations, 2019 (6 of 2019). - TRAI, on 3rd March 2017, notified the 'New Regulatory Framework' (or the New Framework) for Broadcasting and Cable services. The new framework came into effect on 29th December 2018. However, to provide enough time to subscribers for exercising their options, the Authority provided time up to 31st January 2019.The said framework comprises of the following regulations and Tariff Order: -a. The Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017b. The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017c. The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 20172. TRAI's new regulations/orders for the television and broadcasting sector gave freedom to consumers to select television channels they want to watch. To ensure proper implementation of the new framework, TRAI has made number of efforts such as series of meetings with Distribution Platform Operators (DPOs), publicity in electronic and news media, interactions with customer groups etc. Despite this, TRAI was in receipt of several complaints from the consumers that they are not able to choose the TV channels conveniently on the web portal/apps of the DPOs.
3. TRAI setup an internal committee to check functioning of existing APPs and websites of major DPOs. The committee observed that the process of selecting TV channels on various DPOs platform is cumbersome and the process of subsequent change in the existing subscription is even more tedious. The basic information such as details of existing TV channels subscription is also not visible to subscribers. To ensure proper choice to the consumers, the Authority also issued directions and show cause notices to some DPOs.
4. In order to address above issue, the Authority, in the larger public interest, felt need to have Channel Selection System developed by third party to facilitate easy channel selection by consumers. Accordingly, the Authority issued Draft Regulation (Second Amendment) to The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations 2017 on 9th August 2019, inviting written comments from stakeholders by 22nd August, 2019.
5. The basic objective of TRAI was to allow third party to create an app so that consumers should have ease in selection of channels and bouquets (addition/deletion) of their choice, view their subscription and modify the same which would result in reduction of TV viewing charges for consumers by optimising their subscription.
6. On request of some of the stakeholders, the last date for submission of comments was extended upto 29th August, 2019. Through this draft regulation (second amendment), TRAI sought comments of the stakeholders on the issue of developing of APP by third parties and consequent sharing of information using Application Program Interface (API) between DPOs and consumers to have ease in selection of channels of their choice and reduce TV viewing charges by optimizing their subscription while allowing them to view channels of their interest.
7. On the draft regulation, comments were received from 27 stakeholders and the same were uploaded in TRAI website. Some of the stakeholders suggested that the Authority should lay down basic minimum specification and guidelines that an App of any DPO should have as the TPD App is not offering anything unique which cannot be built by the DPOs in their current systems.
8. While some of the stakeholders raised issues like data confidentiality, security and misuse of consumer information by third party App developers and there is no guarantee of ensuring that the confidential data shared by the subscribers/DPOs would not be divulged. Further, it was also mentioned that the TPDs are not under the TRAI ambit.
9. Some of the stakeholders were in support of the draft regulation and welcomed this very innovative move to democratize the channel selection process and mentioned that this may eventually pave the way for fairness and equality for the subscribers and further stated that this will more effectively offer assistance to the consumers in choosing their wanted TV channel according to the new tariff regime. They have also stated that this will allow consumers securely communicate with the DPOs through APPs and Portals. The IT Application will also facilitate consumers to choose channels/bouquets of their interest among the offering by their respective DPOs. The APP can also suggest an optimal configuration of bouquets based on channels desired by the subscriber to reduce the total monthly bill.
10. Subsequently, during an Open House Discussion (OHD) held at TRAI HQ, New Delhi on 16th September 2019, the stakeholders reiterated their comments and were of the view that creation of third party app will not solve the purpose and at this stage TRAI should lay down basic minimum specification and guidelines for DPOs for improving their Website, Mobile App, TV app and various other means for ease of use by consumers in selecting their choice (addition/deletion of channels/bouquets) and reduce TV viewing charges by optimizing their subscription while allowing them to view channels of their interest. It was further suggested by the stakeholders that TRAI may carry out inspection/audit of the websites of the DPOs from time to time to ensure that the guidelines have been implemented by the DPOs.
11. Further, during the OHD, stakeholders were generally of the view that TRAI may develop an App and they have no objection/hesitation in sharing their APIs with TRAI as their data is secure with the regulator and there will not be issues like leakage/misuse of consumer information and privacy of data.
12. The Authority analysed the comments received from stakeholders on the draft regulation and submissions made by the stakeholders during the OHD. Though Authority don't agree with the stakeholders that sharing of information through API to third party have security and privacy issues as now sharing the information with third party has become normal in any business and proper check and balances can be put in place to overcome the problem of privacy and security. However, in view of the other suggestions of the stakeholders that they are open to share their API with TRAI and also willing to modify their APP and website as per guidelines issued by TRAI, the Authority is not mandating DPOs to share their APIs with third party at this stage.
13. The Authority is in the process of finalising the API Specifications which will be communicated separately to the DPOs. DPOs are to share/exchange the information through API with the TRAI whenever the Authority asks for the same for ensuring integration with the TRAI's APP or Portal. These API will be modified from time to time as and when need arises. DPOs may like to make necessary modifications in their current systems so that the API can be shared with TRAI in a given time frame.
14. Through this second amendment, Authority is mandating the DPOs to allow the consumers to access channels/ bouquets available on its platform and have ease in selection of channels and bouquets (addition/deletion) of their choice, view their subscription and modify the same through the TRAI's APP/Portal.
15. The Authority has also taken cognizance of the suggestions made by DPOs that TRAI should lay down basic minimum specification and guidelines that a Website/Mobile App of any DPO should have. In this aspect, Authority has finalized the minimum requirements that a Website/Mobile App of any DPO should have. The same is being issued simultaneously along with these Regulations.
