TelecomLive January-2019

Regulatory Watch / Legal Watch www.telecomlive.com neutrality and reliability of the existing rating system have been raised by stakeholders, which necessitated a need to review the existing television audience mea- surement & ratings systemin India. Earlier, on Jul 28, 2015, an industry-led body Broadcast Audi- ence Research Council (BARC) was accredited by the I&B ministry to carry out the television ratings in India. The BARC commenced its operations in 2015 and since then it is the sole provider of TV rating services on a commercial basis. Trai wants spectrum charges for BSNL's satellite phone services to be 1 pc Trai has recommended that 44 Telecom LIVE January 2019 spectrum charges for BSNL's satel- lite phone services be fixed at 1 per cent of the revenue accrued from such services, replacing the current model of formula-based levy. Trai also suggested that there should be a defined time frame of up to 30 days within which an import licence (for handsets) should be granted. "DoT may review whether roam- ing service can be allowed for GSP service customers in a similar way in which mobile roaming is permit- ted," it said referring to interna- tional roaming. Trai also advocated that the telecom department may review the need to restrict the GSP service in certain (barred) areas, consequent to the establishment of gateway by BSNL. Currently, the annual spectrum charges for the gateway is imposed (amounts to Rs 37.8 lakh per annum), besides Rs 14,250 per annum payable by BSNL on a per- terminal basis. The revenue accrued by BSNL from the GSP service between Jan and Nov 2018 was Rs 26.6 crore, which includes collection of hand- set-based charges (spectrum charges and licence fee) of Rs 4.1 crore and sale of satellite phone handsets (non-recurring revenue) of Rs 15.7 crore. Revenue from provision of services was Rs 6.8 crore during this period, Trai noted. TDSAT adjourns Free Dish slot sale case TDSAT has adjourned the Prasar Bharati vs Cinema 24×7 matter to 29 January after the pubcaster told the tribunal that it is close to finalising the policy decision on selling slots on its free DTH platformFreeDish. Cinema 24×7 hadmoved TDSAT in Sep 2017 against DD's decision to call-off slot auction without coming up with an alternative plan to allow existing channels to continue on Free Dish. Subse- quently, other broadcasters whose contracts had ended or were about to end also impleaded themselves in the matter. The broadcasters have argued that DD can allow channels to continue on Free Dish on a pro-rata basis. They also contended that the DD's decision amounts to discrimination as it has earlier granted continuity to channels on a pro-rata basis. After hearing all the parties, the tribunal came up with an interim arrangement under which chan- nels whose contract has ended or others similarly situated as them should be allowed continuity on pro-rata basis if they need continu- ity because of non-holding of the e- auction and have applied or applied for the same. It had also stated that the pubcaster will be entitled to charge on a pro-rata basis either on the basis of the highest bid amount or the reserved price whichever is higher. The highest bid amount would mean the highest bid in that category in the preceding year. The arrangement will come to end as soon the centre declares its new general policy and take steps to fill up the slots in accordance with such policy. TDSAT directs BECIL to con- duct audit of Tata Sky's system on Sony's plea TDSAT has directed Broadcast Engineering Consultants India Ltd (BECIL) to conduct an audit of DTH operator Tata Sky following a reques t by broadcas ter Sony PicturesNetworks India (SPNI). The tribunal has asked BECIL to complete the technical and com- mercial audit of Tata Sky's head- end, conditional access system (CAS), subscriber management system (SMS) and all other techni- cal system and equipment within twoweeks. SPNI had filed an application before the tribunal stating that it be allowed to conduct a technical and commercial audit of Tata Sky's technical systemand equipment. Along with the application, SPNI had annexed documents to show that the DTH operator has taken a stand against holding an audit on the ground, which is not tenable in the light of relevant regulations as well as RIO agreement executed between the parties on Sep 29, 2018 which is effective from Oct 1, 2018. Tata Sky has objected to some clauses in the agreement on the ground that they will encroach upon its rights to keep certain information confidential particu- larly those related to the channels of other broadcasters. HC dismisses Vodafone plea for tax refund of over Rs 4,759 crore The Delhi High Court has dismissed Vodafone's plea seeking directions to the Income Tax Legal Watch