MIB issues final advisory to 265 non-compliant MSOs

The Ministry of Information and Broadcasting (MIB) has issued a final advisory to 265 non-compliant Multi System Operators (MSO) asking them to furnish the requisite details/information and get their status changed to "Compliant", latest by January 31, 2024, failing which their MSO registration could be cancelled.

MIB has asked the MSOs to treat the advisory as a last opportunity for alteration of compliance status and sufficient opportunity of hearing under Section 4(7) of the Cable Television Networks ( Regulation) Act, 1995.

The ministry has said that one of the terms and conditions of the MSO registration was that MSOs shall comply with the provisions of the Cable Television Networks (Regulation) Act, 1995, and the Rules made thereunder, as amended, and adhere to all the terms and conditions of the registration. Failing to do so, the permission/ registration is liable to be cancelled or suspended.

Further, according to Regulation I 5( I ) of the Interconnection Regulations, 2017 , it is mandatory for every distributor of channels to conduct an audit of their system once in a calendar year. However, as per the information shared by TRAI, the scheduled MSOs have not conducted audits of their systems for the calendar years 2021 and/or 2022. Moreover, the Scheduled MSOs were required to furnish information like seeding data, headend location, etc. under Rule l0A of the Cable Television Networks Rules, 1994. Taking into account the non-compliance, this Ministry had marked the status of these MSOs as "Non-Compliant".

Furthermore, through this Ministry's advisory dated March 23, 2023, all broadcasters have been advised not to enter into interconnection agreements with non-compliant MSOs and to notify the non-compliant MSOs with whom they already have interconnection agreements

The advisory further reads: “However, despite being classified as "Non-Compliant", the scheduled MSOs have not made any reference to this Ministry for change in their status to "Compliant". Accordingly, an advisory dated August 1, 2023 was issued to these MSOs in which they were requested to furnish the requisite documents and get their status changed to "Compliant" by August 15, 2023.”

As the scheduled MSOs did not provide the requisite clarification/explanation within the stipulated period, therefore, a Show Cause Notice dated 04.09.2023 was issued seeking reasons for their non-compliance with the terms and conditions of registration. Time period of 15 days was granted to the scheduled MSOs to fumish the requisite response.

The scheduled MSOs still did not provide the requisite details within the stipulated period. “It has been observed that despite lapse of the given period, the scheduled MSOs have failed to provide the requisite information or make any reference to this Ministry regarding their compliance status.”

MIB said that the broadcasters are also advised to not enter into fresh interconnection agreements or renew the existing agreements with MSOs till their status is changed to Compliant.