TRAI to initiate action against DTH firms/ DPOs not adhering to tariff norms

It’s been a few months since the new tariff regime mandated by the Telecom Regulatory Authority of India (TRAI) came into effect. However, some glitches still exists as with subscribers complaining that some cable/DTH operators are not passing on the benefits to the consumers. 

In the last few weeks, TRAI has been issuing directives to various DTH and cable operators to strictly comply with the various provisions of the new regulatory framework for Broadcasting and Cable TV Services. Taking a tough stance the regulator has, over the past few months, also taken action against several MSOs, cable operators for trying to create roadblocks for viewers’ ‘Right to Choose’. 

It was observed that operators were misguiding consumers about the new tariff regime, which was duly highlighted by Dr RS Sharma, Chairman, TRAI, who had said, “It has come to our knowledge that certain stakeholders are spreading misinformation with ulterior motives to create fears in the minds of consumers regarding the implementation of the new regulatory framework, which are unfounded”. Adding to this, he also stated that the institution is working to ensure swift transition to the new regulatory without any inconvenience to the television viewing public and other stakeholders. 

As per Regulation 17 of the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017:
Price protection to subscribers – In case, the broadcasting services related to television have been availed by a subscriber with a lock-in period or the charges for subscription of broadcasting services related to television are paid in advance for a specific period by a subscriber in pursuance of any scheme offered by the distributor of television channels, the distributor shall continue to provide such services for such period to the subscriber without any increase in the price of subscription and without altering the other terms of subscription to the disadvantage of the subscriber. “ 

TRAI, vide its press release dated February 12, 2019, again reiterated the following:
“The Authority further reiterates that subscribers who have taken long term packs will continue to avail the services for the contracted period. However, they have freedom to choose the channels of their choice under the new regulatory framework and in case if they exercise this option, money for the remaining period shall be adjusted for their future use.” 

However, it has been brought to the notice of TRAI through various complaints that DTH operators have migrated the long term pack subscribers to Best Fit Plan. 

In this context, TRAI has directed Dish TV, Tata Sky, Sun Direct TV, Independent TV, and Multi Reach Media to: 

(a) Desist from migrating long term plan subscribers to any new plan till the contracted period unless the subscriber opts out of it or the validity of the long term plan expires, whichever is earlier; and

(b) Reinstate to earlier long term plans with original validity date to the subscribers who have been migrated to any new plan unless the subscriber has himself opted out for

Additionally, Multi Reach Media has been asked to offer subscriber corner facility in their website, get their call centre to support IVRS, provide customer care programming service as well as publish STB schemes on their website. The DPO has been directed to stop from forcefully offering a bouquet of free-to-air channels with no choice to subscribers. 

Following inspection of the consumer premises by TRAI officials on the basis of complaints, the Authority noted that Sun Direct TV has migrated/ changed the long term plans of the subscribers and is also forcefully offering free-to-air channels with no choice to subscribers, in addition to the channels opted by them and that the subscribers are not able to re-exercise their choice. TRAI has directed the DTH operator to desist from migrating long-term plan subscribers to any new plan till the contracted period unless the subscriber opts out of it or the validity of the long term plan expires, whichever is earlier. 

Following receipt of consumer complaints or inspection carried out, TRAI has directed DPOs GTPL Kolkata Cable & Broadband Pariseva, Bhorer Alo Cable & Broadband, Barasat Cable TV Network, Digicablecomm Services, Ganapati Cable, Mubarikpur Camp, Mohali, to:

  • Provide IVRS support at their call centres
  • Publish STB schemes on their websites
  • Offer consumer corner & subscriber corner facility on their websites
  • Offer customer care programming service
  • Ensure that their toll free customer care number is functioning properly and also responding
  • Allow subscribers to choose any channel of their choice in BST
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