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NO ANALOG SUNSET ?
Dear Sir,
I have read your November issue in which you have reproduced the Government Ordinance for compulsory digitisation.
You have stated in your article that with this Ordinance Analog Cable TV must be shut down by the date indicated by the Government.
I have read the Ordinance that you have reproduced. The Ordinance says that it is compulsory to install a cable TV network. However, there is no indication in the Ordinance that the existing analog cable TV Headend and network must be shut down.
As a result can we, as cable operators continue to provide an analog cable TV network and service to some customers even after the digitisation date by which we will install a digital cable TV network as required. This way we can offer analog cable TV to those customers who still want analog and digital for customers who decide to pay more? Please clarify.
A.P. Shah,
Ahmedabad, Gujarat
The 25th October Ordinance does not specifically state that you must shut down your analog cable TV network. However, the notification specifies the following change to Section 4 (1), (2) & (3) of the Cable Act:
4(3) On and from the date of issue of notification under Section 4A, no new registration in a State, city, town or area notified under that section shall be granted to any cable operator who does not undertake to transmit or retransmit channels in an encrypted form through a digital addressable system.
Hence effectively Section 4 indicates that all old analog cable TV licenses will lapse and new licenses will only be issued for cable networks with digital addressable systems.
Since the cable operator does not have a valid license for his old analog cable network, it will have to be shut down. -Ed.
ENCRYPTED DIGITAL CATV FOR HOTELS ALSO ?
Hello,
We operate a star category hotel in Coimbatore & request more information on the recent Analog sunset date notification issued by the Government.
To my understanding this notification is for the Cable Segment, Hotels being private network can continue to use their Analog Headend should they choose to do so. Could you clarify if I have understood this correctly or do Hotels too have to switch from Analog to Digital.
The other area that concerns me is the statement in the 25th October ordinance which states "make it obligatory for every cable operator to transmit or retransmit programmes of any channel in an encrypted form through a digital addressable system with effect from such date".
Does this mean that the hotel must also necessarily have a CAS solution and cannot just have a DVB-C Free to Air signal within their network ?
The reason I ask for a clarification is that we have been receiving conflicting advice from vendors of Cable TV equipment.
Regards
(Name & Details
Withheld On Request)
While it is probably best that you seek formal legal opinion on this matter, if the Parliament passes the 25th Oct ordinance, my opinion on this is:
1. CABLE ACT APPLICABLE TO HOTELS ?
Though you seem to have indicated to the contrary, I believe that the Cable Act is certainly applicable to Hotels. For this, I believe we need to look at the following basic definitions in the Cable Act:
(a) "cable operator" means any person who provides, cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network;
(b) "cable service" means the transmission by cables of programmes including re-transmission by cables of any broadcast television signals;
(c) "cable television network" means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers;
Based on these definitions, I personally conclude that a Hotel is a "cable operator" that is providing a "cable service" using a "Cable Television Network".
Also, the interpretation that a Hotel is a cable network is further reinforced by the fact that the TRAI has specified different cable tariffs for Hotels and Commercial Establishments, under powers granted to the TRAI to regulate cable television.
If we accept that a hotel is a cable operator, providing a cable service through its cable television network, then the operative clause of the Analog Sunset Notification is :
"Where the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, make it obligatory for every cable operator to transmit or re-transmit programmes of any channel in an encrypted form through a digital addressable system with effect from such date as may be specified in the notification and different dates may be specified for different States, cities, towns or areas, as the case may be."
2. ENCRYPTION COMPULSORY
Further, the same clause makes it "obligatory for every cable operator to transmit or re-transmit programmes of any channel in an encrypted form through a digital addressable system..."
This clearly specifies that Hotels and all other cable TV networks in the country necessarily have to encrypt signals transmitted on their digital CATV network. This is primarily to identify and bill each user of a cable TV network, providing them a choice of specific channels they would like to pay for.
Maybe it would be appropriate for an organisation such as the FHRAI (The Federation of Hotel & Restaurant Associations of India) to take up with the TRAI ? In the past the FHRAI has taken an active role and even moved to Court against a TRAI's cable TV tariff ruling, applicable to Hotels.
Ofcourse, we now await the Parliament's approval of the ordinance in the Winter session. The ordinance must necessarily be approved within 6 months (i.e. by 25th April 2012) or else it will lapse, cancelling compulsory digitisation and analog sunset for Indian CATV networks. - Ed.
