THE TELECOMMUNICATION (BROADCASTING AND CABLE) SERVICES (EIGHTH) (ADDRESSABLE SYSTEMS) TARIFF ORDER, 2017
Definitions, Regulations, and Amendments
Definitions
| Provision / Term | Clause Number | Definition |
|---|---|---|
| Act | 2(1)(a) | “Act” means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997). |
| Addressable system | 2(1)(b) | Means an electronic device (hardware and software) or integrated system for encrypted transmission and decoding of television channels at the subscriber's premises within authorized limits, based on the choice and request of the subscriber. |
| A-la-carte channel | 2(1)(c) | Means offering a television channel individually on a standalone basis. |
| Authority | 2(1)(d) | Means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the TRAI Act, 1997. |
| Bouquet of channels | 2(1)(e) | Means an assortment of distinct channels offered together as a group or bundle. |
| Broadcaster | 2(1)(f) | Means a person/group/body corporate/organization providing programming services after obtaining downlinking permission from the Central Government. |
| Broadcaster’s share of MRP | 2(1)(g) | Means fee payable by a distributor to a broadcaster for signals of pay channel or bouquet, for which authorization has been obtained. |
| Broadcasting services | 2(1)(h) | Means dissemination of communication (signs, signals, writing, pictures, images, sounds) by transmission of electromagnetic waves through space or cables, intended for the general public. |
| Cable service / Cable TV service | 2(1)(i) | Means transmission of programmes (including re-transmission) of television channels through cables. |
| Cable television network | 2(1)(j) | Means a system of closed transmission paths and associated equipment for providing cable service to multiple subscribers. |
| Compliance officer | 2(1)(k) | Means a person designated to ensure regulatory compliance under this Order. |
| Direct to home operator (DTH) | 2(1)(l) | Means a person licensed by Central Government to provide direct to home (DTH) service. |
| Direct to home service (DTH) | 2(1)(m) | Means re-transmission of signals of television channels by satellite directly to subscriber’s premises without an intermediary. |
| Distribution platform | 2(1)(n) | Means distribution network of a DTH operator, multi-system operator, HITS operator, or IPTV operator. |
| Distributor of television channels | 2(1)(o) | Means any DTH operator, multi-system operator, HITS operator, or IPTV operator. |
| Distributor retail price (DRP) | 2(1)(p) | Means the price (excluding taxes) declared by a distributor and payable by a subscriber for a-la-carte pay channel or bouquet. |
| Free-to-air channel | 2(1)(q) | Means a channel declared as such by the broadcaster for which no fee is paid by distributor to broadcaster. |
| Head end in the sky operator (HITS) | 2(1)(r) | Means a person permitted by Central Government to provide HITS service. |
| Head end in the sky service (HITS) | 2(1)(s) | Means transmission of programmes (including re-transmission) to intermediaries or subscribers using satellite system. |
| Internet protocol television operator (IPTV) | 2(1)(t) | Means a person permitted by Central Government to provide IPTV service. |
| Internet protocol television service (IPTV) | 2(1)(u) | Means delivery of multi-channel television programmes in addressable mode using Internet Protocol over a closed network. |
| Local cable operator (LCO) | 2(1)(v) | Means a person registered under rule 5 of the Cable Television Networks Rules, 1994. |
| Long term subscription | 2(1)(va) | Means a subscription of six months or more, with advance payment by the subscriber. |
| Maximum retail price (MRP) | 2(1)(w) | Means the maximum price (excluding taxes) payable by a subscriber for a-la-carte pay channel or bouquet. |
| Multi-system operator (MSO) | 2(1)(x) | Means a cable operator registered under rule 11 of the Cable Television Networks Rules, 1994, who receives and re-transmits programming service. |
| Multi TV home | 2(1)(xa) | Means a household with more than one TV connection or set top box in the name of one person. |
| Network capacity fee | 2(1)(y) | Means amount (excluding taxes) payable by subscriber to distributor for distribution network capacity, not including pay channel subscription fee. |
| Order | 2(1)(z) | Means the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017. |
| Pay channel | 2(1)(za) | Means a channel declared as such by broadcaster for which broadcaster’s share of MRP is paid by distributor and authorization is required. |
| Platform Services | 2(1)(zaa) | Means programs transmitted by distribution platform operators exclusively to their own subscribers; excludes Doordarshan, registered TV channels, and unregistered foreign TV channels. |
| Programme | 2(1)(zb) | Means any television broadcast, including films, features, dramas, advertisements, serials, or any audio/visual/live performance. “Programming service” construed accordingly. |
| Reference interconnection offer (RIO) | 2(1)(zc) | Means a document published by a service provider specifying terms and conditions for interconnection. |
| Regulations | 2(1)(zd) | Means the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the Standards of Quality of Service and Consumer Protection Regulations, 2017. |
| Service provider | 2(1)(ze) | Means the Government as a service provider, includes a licensee, broadcaster, distributor, or local cable operator. |
| Set top box | 2(1)(zf) | Means a device connected to or part of a TV receiver enabling a subscriber to view subscribed channels. |
| Subscriber | 2(1)(zg) | Means a person receiving broadcasting services from a distributor at a place, not further transmitting, and not charging others to watch; each set top box at the place counts as one subscriber. |
| Television channel | 2(1)(zh) | Means a channel granted downlinking permission by Central Government under policy guidelines; references to “channel” mean “television channel”. |
Regulations
| Provision/Subject | Clause Number | Detailed Mandate |
|---|---|---|
| Manner of offering of channels by broadcasters | 3(1) | Every broadcaster must offer all its channels on an a-la-carte basis to all distributors of television channels. This ensures that distributors and, ultimately, subscribers have the freedom to select individual channels rather than being compelled to buy pre-set channel packages. |
| Declaration by broadcasters | 3(2) | Every broadcaster must declare: - The nature of each channel as either free-to-air or pay. - The maximum retail price (MRP) per month for each pay channel offered on a-la-carte basis. - The MRP must be greater than zero and uniform across all distribution platforms. - Channels that are free on DD Free Dish cannot be declared as pay channels for addressable platforms. This ensures price transparency and prevents double charging for channels already available for free. |
| Bouquet offering by broadcasters | 3(3) | Broadcasters may offer bouquets (bundles) of pay channels, including channels of subsidiaries or holding companies (with proper authorization), and declare the MRP per month for each bouquet. - No bouquet may include a pay channel with an MRP above ₹19. - The bouquet MRP must be at least 55% of the sum of the MRPs of the a-la-carte channels included. - The bouquet MRP must be uniform across platforms. - Bouquets cannot include free-to-air channels or mix HD and SD variants of the same channel. - The number of bouquets cannot exceed the number of a-la-carte pay channels unless specially permitted. This clause ensures bouquets are not used to circumvent a-la-carte pricing or to force unwanted channels on consumers. |
| Promotional schemes by broadcasters | 3(4) | Broadcasters can offer promotional schemes on the MRP of a-la-carte pay channels: - The period of any such scheme must not exceed 90 days at a time. - The frequency must not exceed twice in a calendar year. - The promotional price is considered the MRP during the scheme period. - All such schemes must comply with the regulatory framework. This allows for consumer discounts while preventing perpetual or misleading promotions. |
| Changes in channel nature, price, or bouquet | 3(5) | Before making any change in the nature of a channel, the MRP of a pay channel, the MRP of a bouquet, or the composition of a bouquet, broadcasters must follow all applicable regulations and orders, including publishing a Reference Interconnection Offer. This ensures regulatory oversight and transparency for all stakeholders. |
| Declaration of network capacity fee (NCF) and offering by distributors | 4(1) | Every distributor must declare the network capacity fee (NCF) per month payable by a subscriber. - Distributors may declare different NCFs for different numbers of channels, regions, consumer classes, or combinations, based on rational criteria. - The NCF for each additional TV connection in a multi-TV home cannot exceed the NCF for the first connection. This provision enables flexible pricing but ensures fairness and prevents excessive charges for additional connections. |
| Offering of channels by distributors | 4(2) | Distributors must offer all channels available on their network to all subscribers on an a-la-carte basis and declare the distributor retail price (DRP) per month for each pay channel. - The DRP cannot exceed the broadcaster’s declared MRP. This ensures consumers can select individual channels and are not overcharged. |
| Choice for multi-TV homes | 4(2A) | Distributors must allow distinct choices of channels and bouquets for each TV connection or set-top box in a multi-TV home. This gives households flexibility to customize each TV's subscription. |
| Offering of broadcaster bouquets by distributors | 4(3) | Distributors must offer each broadcaster bouquet (unaltered) for which an interconnection agreement exists and declare the DRP per month for such bouquets. - The DRP cannot exceed the broadcaster’s MRP. - No bouquet may include a pay channel with an MRP above ₹19, nor any free-to-air channel, nor mix HD and SD variants. This ensures bouquet integrity and prevents forced bundling of expensive or free channels. |
| Offering of own bouquets by distributors | 4(4) | Distributors may offer their own bouquets from pay channels of one or more broadcasters and declare DRPs. - No pay channel in a bouquet can have an MRP above ₹19. - The bouquet DRP must be at least 55% of the sum of DRPs of the included a-la-carte channels and bouquets. - The bouquet DRP cannot exceed the sum of the MRPs of the included channels. - No bouquet can include free-to-air channels or mix HD/SD variants. - Distributors cannot break broadcaster bouquets to form new ones. This ensures transparency and prevents manipulation of channel pricing. |
| Bouquets of free-to-air channels | 4(5) | Distributors may offer bouquets formed from free-to-air channels of one or more broadcasters. This allows for consumer-friendly packaging of free content. |
| Charges for free-to-air channels | 4(6) | Distributors cannot charge any amount other than the NCF for subscribing to free-to-air channels or their bouquets. This prevents hidden charges for channels meant to be free. |
| Subscriber choice within network capacity | 4(7) | Subscribers are free to choose any combination of free-to-air, pay, or bouquet channels within their subscribed network capacity. - Pay channels or bouquets require payment of DRP in addition to NCF. This ensures maximum consumer choice and price transparency. |
| Restrictions on NCF increase | 4(8) | Distributors cannot increase the NCF for six months from notification. - Any change requires 30 days’ notice to the Authority and subscribers (via channel scroll). This protects consumers from sudden price hikes. |
| Mandatory government channels | 4(9) | Distributors must provide all channels notified by the Central Government to all subscribers, in addition to the channels covered by NCF. This ensures mandatory public service content reaches all viewers. |
| Long term subscriptions | 4(10) | Distributors may offer long-term subscriptions and must declare the NCF, DRP, and duration for such subscriptions. This enables consumers to benefit from long-term pricing options. |
| Promotional schemes by distributors | 4(11) | Distributors may offer promotional schemes on DRP of a-la-carte pay channels: - The period of any scheme must not exceed 90 days at a time. - The frequency must not exceed twice a year. - Promotional price is considered DRP during the scheme period. This allows for competitive pricing while preventing misuse. |
| Declaration of platform service prices | 4(12) | Distributors must declare the MRP per month for each platform service they provide. This ensures transparency for value-added services. |
| Reporting by broadcasters | 6 | Broadcasters must report channel and bouquet details, MRPs, and changes to the Authority, publish them on their website, and notify distributors. - Promotional schemes must also be reported and published. - Advance notice: 45 days for changes due to amendment, 30 days for other changes. This ensures regulatory oversight and public disclosure. |
| Reporting by distributors | 7 | Distributors must report NCFs, DRPs, bouquets, long-term subscriptions, platform services, and all changes to the Authority and publish on their website. - Promotional schemes must be reported and notified to subscribers. - Advance notice: 15 days for changes. This ensures timely information for both the regulator and consumers. |
| Compliance officer and obligations | 8 | Every broadcaster and distributor must designate a compliance officer, report details to the Authority, and ensure compliance. - Changes in compliance officer or contact details must be reported. - The compliance officer is responsible for compliance awareness and reporting. This strengthens accountability and regulatory compliance. |
| Financial disincentive for contravention | 8A, 8B, Schedule-I | Specifies financial disincentives for contravention of provisions, with maximum annual limits, categorization by DPO size, and additional penalties for continued contravention or failure to pay. This enforces compliance through financial penalties. |
Amendments
| Amendment & Date | Clause(s) Affected | Detailed Amendment |
|---|---|---|
| Second Amendment Order, 2020 (effective 01.03.2020) | 3(3) | - The bouquet MRP ceiling was changed from “₹19” to “₹12”. - The bouquet price formula was changed from “not less than 55%” to “not less than 85%” of the sum of a-la-carte MRPs. - This made it harder for broadcasters to offer deep discounts on bouquets, ensuring bouquets are priced closer to the sum of their parts. |
| 4(1) | - The NCF ceiling for up to 100 SD channels was set at ₹130. - For each slab of 25 SD channels beyond 100, the NCF was capped at ₹20. - One HD channel equals two SD channels for NCF calculation. |
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| 4(2A) | - Introduced a provision for multi-TV homes to allow distinct channel/bouquet choices per TV/set top box. This gave more flexibility to households with multiple TVs. | |
| 4(3), 4(4) | - The bouquet MRP ceiling was changed from “₹19” to “₹12” for distributor bouquets as well. | |
| 4(6) | - Deleted references to mandatory government channels from the NCF calculation, clarifying that NCF covers only the channels chosen by the subscriber. | |
| 4(9) | - Required distributors to provide all government-notified channels to all subscribers, in addition to NCF channels. | |
| Third Amendment Order, 2022 (effective 01.02.2023) | 3(3), 4(3), 4(4) | - The bouquet MRP ceiling was increased from “₹12” back to “₹19”. - The bouquet price formula was changed from “not less than 85%” to “not less than 55%”. - New pricing conditions were introduced: the sum of a-la-carte MRPs in a bouquet cannot exceed 1.5 times the bouquet MRP, and no a-la-carte channel MRP in a bouquet can exceed three times the average bouquet channel MRP. This provided more flexibility in bouquet pricing while preventing extreme pricing disparities. |
| Fourth Amendment Order, 2024 (effective 06.10.2024/08.07.2024) | 3(2) | - Channels free-to-air on DD Free Dish cannot be declared as pay on addressable platforms, ensuring consistency and preventing double charging for free content. |
| 4(1) | - Deleted the NCF ceiling for up to 200 SD channels and for more than 200 SD channels. - Distributors may now declare different NCFs for different numbers of channels, regions, consumer classes, or combinations thereof, based on rational criteria. - The NCF for each additional TV connection in a multi-TV home cannot exceed the first connection's fee. This allows more market-driven pricing with safeguards. |
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| 4(4) | - The bouquet DRP must not be less than 55% (previously 85%) of the sum of DRPs of a-la-carte channels and bouquets forming part of that bouquet. This makes bouquet pricing more flexible again. | |
| 6, 7, 8 | - Enhanced reporting requirements, compliance officer obligations, and introduced a financial disincentive regime (clauses 8A, 8B, Schedule-I) with detailed penalty structures for non-compliance. This strengthens enforcement and transparency. |
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