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Trai
has explained that since IPTV is not a cable
service, under the provisions of the existing
laws and guidelines, they cannot receive
TV broadcast signals. Hence the need to
amend the downlinking guidelines, particularly
clause 5.6.
"Once
this is done, then the IPTV service providers
would be entitled to receive content from
broadcasters on a 'non-discriminatory' basis,"
Trai has recommended.
However,
these recommendations are yet to be sent
to the government.
Considering
importance of the subject, these draft recommendations
are being put on Trai website inviting further
comments from stakeholders.
"Thereafter,
the Authority will issue the final recommendations
to the Government on the subject,"
Trai says.
MSOs
and LCOs have expressed relief that they
need no new license to run IPTV operations.
Also, there is no 'net worth' conditionality
on them, as is in the case of ISPs.
But
the cable TV fraternity has raised certain
reservations on the content responsibility.
"This
clearly discriminates against the LCOs,
because vide the Cable Act of 1995, it is
the LCOs and MSOs who will be responsible
if there is a violation," said a top
LCO.
Trai
has recommended that IPTV operators can
stream only those channels that have downlinking
clearance from the ministry of I&B.
The broadcasters, and not the IPTV operators,
will be responsible if there is a violation
of the guidelines on programming and advertising.
Mohan
said that on a preliminary reading of the
recommendations, it also seems unclear how
tariff will be regulated in Cas (conditional
access system) areas, as there is a price
ceiling of Rs 5 on each pay channel. So
it remains to be seen how Trai evolves a
price mechanism to handle this issue, he
adds.
The
set-top box (STB) also forms part of Trai's
recommendation. Trai has requested the Bureau
of Indian Standards to look into it and
expedite standardisation of IPTV STB specifications
to help cable operators while designing
their IPTV networks.
In
case of telecom operators running IPTV service
and streaming content other than TV channels
from broadcasters, they shall be responsible
for observing programme code and advertisement
code.
The
programme code and advertisement code shall
be the same as provided in Cable Television
Network (Regulation) Act 1995 and Rules
under it.
I&B
Ministry and IT ministry are monitoring
the contents relating to their jurisdiction.
It would, therefore, be appropriate that
respective ministries regulate the content
provided by IPTV service providers. Operational
procedures like time to keep a copy of the
contents shown on IPTV, monitoring requirements
etc can be worked out by DOT based on the
feedback from respective ministries.
Any
violation of prevailing Acts/ Rules/ guidelines
relating to content by telecom service providers
in provisioning of IPTV service shall be
reported to DoT by respective ministries.
The
decision of the respective ministries regarding
violation of the law / direction / guidelines
in respect to content shall be final, Trai
says.
"DoT
may perhaps seek the guidance of the respective
ministries to ascertain the penalties for
the breach to maintain uniformity and shall
initiate suitable action for imposing penalties
for violations in time bound manner"
it has said.
Tra
has suggested that suitable modifications
may be made in respective licenses of Telecom
service providers to incorporate above provisions.
The
up linking / down linking guidelines should
be amended to enable the broadcasters to
provide signals to all distributors of TV
channels such as cable operators, multisystem
operators, DTH operators, HITS operators,
IPTV service providers.
Trai
says that this is necessary as IPTV is not
technically a cable operation. It is, thus,
not entitled to receive broadcast content
unless section 5.6 of the downlinking guidelines
are amended.
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