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Dear Sir, I am trying to understand the IMPLICIT principle in the Two necessary conditions mandated by the Indian Telecom Regulatory Authority - TRAI...

Dear Sir,
I am trying to understand the IMPLICIT principle in the Two necessary conditions mandated by the Indian Telecom Regulatory Authority - TRAI for allowing TV Broadcasters to form Bouquets (i.e. groups of TV channels as against selling them A la Carte or Stand alone).
The regulator mandates the following TWO conditions :-
1> Bouquet Rate > = 66% of Sum of Ala Carte Rates of TV Channels in that Bouquet

2> Average Bouquet Rate > = 33% of Each Ala Carte Rate of TV Channel present in that Bouquet

Can you kindly suggest reources which may help in a MATHEMATICAL understanding of the Implicit Order / Intention for prescribing such a mandate?

Thanks

Gopal B Talreja.

Example :-

MEDIAPRO (A CHANNEL AGGREGATOR HAS THE FOLLOWING TV CHANNELS IN ONE OF ITS BOUQUETS
(BOUQUET NO. 2, PAGE NO. 17 OF PFA)
.

TV CHANNEL
A-LA-CARTE / STAND ALONE RATE PER SUBSCRIBER PER MONTH (INR)
1
STAR MOVIES
7.42
2
STAR WORLD
2.05
3
FOX CRIME
6.51
4
NDTV INDIA
3.37
5
NDTV PROFIT
2.7
6
NDTV 24x7
3.82
7
NDTV GOOD TIMES
4.04
8
ZEE CAFÉ
3.6
9
ZEE STUDIO
3.15
10
ZEE BUSINESS
2.16
11
CARTOON NETWORK
5.62
12
POGO
5.62
13
HBO
7.01
14
CNN
0.67
15
MOVIES OK
7.14

TOTAL
64.88

THIS BOUQUET HAS BEEN PRICED @ INR 43.2
AVERAGE BOUQUET RATE = INR 2.88 (PLEASE SEE NOTE BELOW)
AS CAN BE SEEN,THE BOUQUET RATE OF INR 43.2 IS GREATER THAN 66% OF SUM OF ALL ALA CARTE CHANNEL RATES WHICH IS INR 64.88
ALSO, AVERAGE BOUQUET RATE OF INR 2.88 IS GREATER THAN 33% OF EACH ALA CARTE CHANNEL RATE PRESENT IN THIS BOUQUET
THE ABOVE PRINCIPLE EXISTS FOR ALL THE BOUQUETS CREATED BY MEDIA PRO (PFA ATTACHED HEREWITH)

NOTE :-
1. A LA CARTE IMPLIES STAND ALONE RATES OF EACH TV CHANNEL AS GIVEN BY THAT BROADCASTER (PAGE 15-16 OF PFA)

2. AVERAGE BOUQUET PAY CHANNEL RATE = BOUQUET RATE / NUMBER OF PAY CHANNELS IN THAT BOUQUET

BOUQUET PRINCIPLE.doc

Dear Sir,
I am trying to understand the IMPLICIT principle in the Two necessary conditions mandated by the Indian
Telecom Regulatory Authority - TRAI for allowing TV Broadcasters to form Bouquets (i.e. groups of TV
channels as against selling them A la Carte or Stand alone).
The regulator mandates the following TWO conditions :1> Bouquet Rate > = 66% of Sum of Ala Carte Rates of TV Channels in that Bouquet
2> Average Bouquet Rate > = 33% of Each Ala Carte Rate of TV Channel present in that Bouquet
Is there a MATHEMATICAL way in understanding the Implicit Order / Intention for prescribing such a
mandate?
Thanks
Gopal B Talreja.
Example :MEDIAPRO (A CHANNEL AGGREGATOR HAS THE FOLLOWING TV CHANNELS IN ONE OF ITS
BOUQUETS
(BOUQUET NO. 2, PAGE NO. 17 OF PFA)
.
A-LA-CARTE / STAND ALONE RATE PER SUBSCRIBER PER MONTH
TV CHANNEL
(INR)
1
STAR MOVIES
7.42
2
STAR WORLD
2.05
3
FOX CRIME
6.51
4
NDTV INDIA
3.37
5
NDTV PROFIT
2.7
6
NDTV 24x7
3.82
7
NDTV GOOD TIMES
4.04
8
ZEE CAFÉ
3.6
9
ZEE STUDIO
3.15
10
ZEE BUSINESS
2.16
11 CARTOON NETWORK
5.62
12
POGO
5.62
13
HBO
7.01
14
CNN
0.67
15
MOVIES OK
7.14
TOTAL
64.88
THIS BOUQUET HAS BEEN PRICED @ INR 43.2
AVERAGE BOUQUET RATE = INR 2.88 (PLEASE SEE NOTE BELOW)
AS CAN BE SEEN,THE BOUQUET RATE OF INR 43.2 IS GREATER THAN 66% OF SUM OF ALL
ALA CARTE CHANNEL RATES WHICH IS INR 64.88
ALSO, AVERAGE BOUQUET RATE OF INR 2.88 IS GREATER THAN 33% OF EACH ALA CARTE
CHANNEL RATE PRESENT IN THIS BOUQUET
THE ABOVE PRINCIPLE EXISTS FOR ALL THE BOUQUETS CREATED BY MEDIA PRO (PFA
ATTACHED HEREWITH)
NOTE :1. A LA CARTE IMPLIES STAND ALONE RATES OF EACH TV CHANNEL AS GIVEN BY
THAT BROADCASTER (PAGE 15-16 OF PFA) 2. AVERAGE BOUQUET PAY CHANNEL RATE = BOUQUET RATE / NUMBER OF PAY
CHANNELS IN THAT BOUQUET

BOUQUET PRINCIPLE.doc

Dear Sir,
I am trying to understand the IMPLICIT principle in the Two necessary conditions mandated by the Indian
Telecom Regulatory Authority - TRAI for allowing TV Broadcasters to form Bouquets (i.e. groups of TV
channels as against selling them A la Carte or Stand alone).
The regulator mandates the following TWO conditions :1> Bouquet Rate > = 66% of Sum of Ala Carte Rates of TV Channels in that Bouquet
2> Average Bouquet Rate > = 33% of Each Ala Carte Rate of TV Channel present in that Bouquet
Is there a MATHEMATICAL way in understanding the Implicit Order / Intention for prescribing such a
mandate?
Thanks
Gopal B Talreja.
Example :MEDIAPRO (A CHANNEL AGGREGATOR HAS THE FOLLOWING TV CHANNELS IN ONE OF ITS
BOUQUETS
(BOUQUET NO. 2, PAGE NO. 17 OF PFA)
.
A-LA-CARTE / STAND ALONE RATE PER SUBSCRIBER PER MONTH
TV CHANNEL
(INR)
1
STAR MOVIES
7.42
2
STAR WORLD
2.05
3
FOX CRIME
6.51
4
NDTV INDIA
3.37
5
NDTV PROFIT
2.7
6
NDTV 24x7
3.82
7
NDTV GOOD TIMES
4.04
8
ZEE CAFÉ
3.6
9
ZEE STUDIO
3.15
10
ZEE BUSINESS
2.16
11 CARTOON NETWORK
5.62
12
POGO
5.62
13
HBO
7.01
14
CNN
0.67
15
MOVIES OK
7.14
TOTAL
64.88
THIS BOUQUET HAS BEEN PRICED @ INR 43.2
AVERAGE BOUQUET RATE = INR 2.88 (PLEASE SEE NOTE BELOW)
AS CAN BE SEEN,THE BOUQUET RATE OF INR 43.2 IS GREATER THAN 66% OF SUM OF ALL
ALA CARTE CHANNEL RATES WHICH IS INR 64.88
ALSO, AVERAGE BOUQUET RATE OF INR 2.88 IS GREATER THAN 33% OF EACH ALA CARTE
CHANNEL RATE PRESENT IN THIS BOUQUET
THE ABOVE PRINCIPLE EXISTS FOR ALL THE BOUQUETS CREATED BY MEDIA PRO (PFA
ATTACHED HEREWITH)
NOTE :1. A LA CARTE IMPLIES STAND ALONE RATES OF EACH TV CHANNEL AS GIVEN BY
THAT BROADCASTER (PAGE 15-16 OF PFA) 2. AVERAGE BOUQUET PAY CHANNEL RATE = BOUQUET RATE / NUMBER OF PAY
CHANNELS IN THAT BOUQUET

Reference Interconnect Offer - DACS annexure A - 29.12.13.pdf

REFERENCE INTERCONNECT OFFER (“OFFER”) FOR DIGITAL ADDRESSABLE CABLE
SYSTEMS (“DACS”)
FROM MEDIA PRO ENTERPRISE INDIA PRIVATE LIMITED (“MEDIA PRO”) TO
MULTI SYSTEM OPERATORS OF DIGITAL ADDRESSABLE CABLE SYSTEMS
(“MSOs”)
Pursuant to clause 4(1) of The Telecommunication (Broadcasting and Cable
Services) Interconnection (Digital Addressable Cable Television Systems)
Regulations 2012 dated 30th April 2012 (“Regulations”)
The terms mentioned in this Reference Interconnect Offer (RIO) are broad technical and
commercial terms and conditions including the terms and conditions mentioned in
Schedule II to the Regulations applicable to MSOs of DACS retransmitting signals of the
MEDIA PRO Channels to Subscribers in terms of the Regulations. On receipt of a
request from the MSOs in terms of Clause 3(3) of the Regulations, MEDIA PRO and the
concerned MSOs shall have to enter into a detailed Retransmission Agreement
containing all the terms and conditions to enable the MSOs to avail the signals of the
MEDIA PRO Channels for further re-transmission to the Subscribers from its Platform.
Every MSO as defined in the Regulations, while seeking interconnection with MEDIA
PRO shall ensure that its Digital Addressable Systems (“DAS’) installed for the
distribution of the TV channels meet the DAS requirements specified in Annexure III
herein read with Schedule 1 to the Regulations as amended from time
Provided that in case MEDIA PRO finds that the DAS being used by the MSO for
distribution of TV channels does not meet the requirements specified in Schedule I of the
Regulations, it shall inform such MSO who shall get its DAS audited by M/s Broadcast
Engineering Consultants India Ltd. Or any other authority as may be specified by the
Telecom Regulatory Authority of India by direction from time to time and obtain a
certificate from such agency that its DAS meets the requirements specified in Schedule
I to the Regulations.
Defined Terms
In this RIO unless repugnant or contrary to the context hereof or otherwise defined
herein, the following terms, when capitalised, shall have the meanings assigned when
used herein:
“BIS” means the Bureau of Indian Standards established under the Bureau of Indian
Standards Act 1986.
“Conditional Access” means control mechanisms, data structures and commands that
scramble and encrypt signals in order to provide selective access and denial of specific
channels, data, information or services to paying Subscribers.
“Fingerprinting” means exercises where code numbers are made overtly to appear on
the screen of a Television and/or covertly in the signals of the Channels that enables
identification of the Smart Card being used to access such signals. 1 “Receiver Box” or IRD means the MEDIA PRO approved decoder, receiver or
integrated receiver-decoders used in conjunction with a Viewing Card in order to
facilitate the receipt of the signals of the Channels by the MSO.
“Set Top Box” means a device which is connected to or part of a television set and
which allows a Subscriber to receive in descrambled form the Channels distributed by
the MSO.
“Smart Card” means, in relation to a Subscriber, a card or other device issued by MSO
to that Subscriber that, when enabled by a CA System and inserted in such Subscriber's
Set Top Box, has the functionality of enabling such Subscriber's Set Top Box to receive
the Channels distributed by the MSO.
“Service Providers”
means each of the owners, operators or distributors of any
of the MEDIA PRO Channels
“Territory” means the territorial boundaries as defined in Clause 2 “Viewing Card” means the MEDIA PRO approved viewing card to be used in
conjunction with the Receiver Box in order for MSO to access and decode the Channels.
1. Term As mutually agreed between MEDIA PRO and the MSO, subject to a
minimum of One (1) Year from the date of signing of the Agreement
(“Term”), unless terminated earlier in accordance with the Agreement.
The Term of the Agreement may be extended on terms and
conditions to be mutually agreed and recorded in writing between the
Parties. 2. Territory 3. MEDIA
Channels As may be agreed between the Parties.
PRO The MEDIA PRO Channels are set out in Annexure 1 (“MEDIA PRO
Channels”).
MEDIA PRO reserves the right at any time during the Term to remove
any channel from the list of MEDIA PRO Channels if it ceases to
distribute such channel in the Territory and terminate the grant of the
associated distribution rights to the MSO or to add any channel to the
list of MEDIA PRO Channels and to grant the distribution rights to
MSO in respect of the new channel.
If any channels are removed from the list of MEDIA PRO Channels,
the MSO shall not be required to pay License Fee for such removed
channel from the date of removal of such MEDIA PRO Channel. In
the event the MSO has subscribed for the removed channel on
bouquet basis, the License Fee payable pursuant to clause 6 by the
MSO shall be amended by reducing the Rate of the bouquet of which
such removed channel is a part, by the percentage sum of the
published a la carte rate for the removed channel divided by the total
published a la carte rates for all of the MEDIA PRO Channels
comprised in such bouquet.
It is hereby clarified for the avoidance of doubt that if any Pay MEDIA
2 PRO Channels is converted into a Free-to-Air channel, the License
Fee payable pursuant to clause 6 shall be amended as above.
4. Rights Rights Granted: MSO shall have the non-exclusive right to
retransmit the MEDIA PRO Channels in an uninterrupted linear
manner on 24x7x365(6) basis during the Term via the cable television
network in the Territory on the digital “addressable systems” (as
defined in the Regulations) owned and operated by the MSO (the
“Platform”) for retransmission to Subscribers (as defined in clause 5
below).
Excluded Rights: All other rights and means of retransmission not
specifically and expressly granted to MSO are expressly excluded
and reserved by MEDIA PRO, including, but not limited to,
transmission via any “headend-in-the-sky” (“HITS”) platform to cable
operators, Direct to home transmission (“DTH”), IPTV systems,
Internet, and mobile. For the avoidance of doubt, this also excludes
distribution of any non-linear content of the MEDIA PRO Channels
through
the Platform including, but not limited to time
shifting/multiplexing[/PPV/VOD/SVOD],(whether currently existing or
that may come into existence in the future.
Manner of retransmission: The MEDIA PRO Channels are to be
continuously transmitted on the MSOs Platform simultaneously upon
receipt of the signals from the respective Service Providers of the
MEDIA PRO Channels without any interruption, editing, interference,
recording or alteration. MSO shall not sub-license any of its rights
hereunder to any other person. For the avoidance of doubt it is
hereby clarified that the Operator shall not offer the MEDIA PRO
Channels to its Subscribers for specific hours or programming or in
any non-linear manner. 5. Subscribers Subscribers for the purposes grant of retransmission rights shall
mean a person who receives the signals of a service provider at a
place indicated by him to the service provider without further
transmitting it to any other person and includes Ordinary and
Commercial Subscribers as defined in clause 2(o) and 2(t) of the
Regulations unless specifically excluded.
Subscriber for the purposes of calculation of the Monthly License Fee
means, for any calendar month, each Set Top Box, which is availing
the Channel(s) of MEDIAPRO through the MSO. 6. License Fee For each month or part thereof during the Term, MSO shall pay to
MEDIA PRO the Monthly License Fee (“License Fee”), which shall be
the Rate multiplied by the Monthly Average Subscriber Level.
The a-la-carte and bouquet “Rate” per Subscriber per month of the
MEDIA PRO Channels is as set out in Annexure 2 hereof.
The Rate per Subscriber as set out in Annexure 2 hereof are 3 exclusive of all taxes and levies.
The “Monthly Average Subscriber Level” is equal to the sum of the
number of Subscribers on the first and last day of the month in
question divided by 2.
For the purpose of calculation of the Monthly License Fee payable by
the MSO to MEDIA PRO, “Subscriber” means for any calendar
month, each Set Top Box (“STB”), which is availing the MEDIA PRO
Channels through the MSO.
For the avoidance of doubt it is hereby clarified that in case of Multi
Dwelling Unit (“MDU”) connections of the MSO “Subscriber” for any
calendar month shall mean each television set installed in premises
of the Authorized Subscriber receiving signals of the MEDIA PRO
Channels through the MSO.
Calculation of License Fee
I. In case an MSO avails one or more Bouquet(s) (“Opted
Bouquet(s)”) of MEDIA PRO:
(a) If the MSO is providing the Opted Bouquet(s) as a
whole to its Subscribers, the Monthly License Fee for
such Opted Bouquet(s) shall be equal to the Bouquet
Rate as set out in the Annexure 2 multiplied by the
number of monthly average number of Subscribers
availing the Bouquets.
(b) If the MSO does not offer such Opted Bouquet(s) as a
whole to its Subscribers but offers only certain
channels comprised in the Opted Bouquet, in a
manner resulting in different subscriber base for
different channels comprised in such Opted Bouquet,
then the payment to MEDIA PRO for such entire Opted
Bouquet by the MSO, shall be calculated on the basis
of subscriber base for the channel which has the
highest subscriber base amongst the channels
comprised in the bouquet. II. In case an MSO subscribes for one or more of the MEDIA
PRO Channels on a a-la-carte basis:
a) If the MSO is providing the channels on an a-la- carte
basis to its Subscribers, the Monthly License Fee for such
a-la -carte channels shall be equal to the a-la -carte rate
as set out in the Annexure 2 multiplied by the number of
monthly average number of Subscribers availing the
channels on ala carte basis.
(b) if the MSO does not offer such opted ala carte
channel(s) as ala carte to its Subscriber but offers the ala
carte channel (s) in packages, then the payment to
MEDIA PRO for each of the al-a -carte channels, shall be
calculated on the basis of subscriber base of the
package(s) in which such opted a-la -carte channel has 4 been placed.
III.
In case an MSO avails one or more channels on a-la- carte
rate basis and also opts for different Bouquet(s) not comprising of
channels opted on ala carte basis of MEDIA PRO:
(a) For bouquet(s), the Monthly License Fee shall be
calculated on the basis of sub clause I above.
(b) For a-la- carte channels, the Monthly License Fee
shall be calculated on the basis of sub clause II above.
For the purposes of this RIO
(i) A-la-carte" with reference to offering of a TV channel means
offering the channel individually on a standalone basis.
(ii) "Bouquet" or "bouquet of channels" means an assortment of
distinct channels, offered together continuously as a group or
as a bundle.
(iii) “Pack/Package/scheme” – shall mean a retail bouquet offered
by the Operator to its subscribers that comprises, contains,
constitutes and is composed of more than one channels.
Explanation: A “Pack/Package/scheme” may contain one or more
Bouquets.
Operator shall not use or distribute or otherwise deal with the MEDIA
PRO Channel(s) other than as expressly authorized under this
Agreement; more particularly it shall offer the Services/Channel(s) to
it subscribers either on a-la-carte basis or as part of the packages.
It is further clarified that if the Operator offers any of the MEDIA PRO
Channels on a-la-carte basis to the Subscribers, the price/rate of
such MEDIAPRO Channels shall be priced as per the
Telecommunication (Broadcasting And Cable) Services (Fourth)
(Addressable Systems) Tariff (Second Amendment) Order, 2013. The
Operator shall not offer any of the MEDIAPRO Pay Channels free to
any Subscriber 7. Payment Terms The Monthly License Fee shall be paid monthly in arrears within
fifteen (15) days of receipt of invoice raised on the basis of Report of
the MSO referred to in clause 9 below (“Due Date”), provided that
MEDIA PRO has provided MSO an invoice for such payments.
Within seven days of end of each month, the MSO shall provide the
Report as stipulated in clause 9, based on which MEDIA PRO shall
raise an invoice on the MSO. In case the MSO fails to send the
Report within the said period of seven days, MEDIA PRO shall have
the right to raise a provisional invoice and the MSO shall be under
obligation to pay the License Fee on the basis of such provisional
invoice in accordance with the terms of this clause. However the
provisional invoice shall be for an amount not more than the monthly
license fee payable by the MSO for the immediately preceding month.
On receipt of the Report from the MSO, the parties would conduct
reconciliation between the provisional invoice raised by MEDIA PRO 5 and the Report sent by the MSO
The Multi System Operator shall be required to make payments by
the Due Date in accordance with the terms hereof, and any failure to
do so on the part of the multi system operator shall constitute a
material breach hereunder. Late Payments shall attract interest
calculated from the date payment was due until the date payment is
made in full at a prorate monthly rate of 1% above the prevailing
MIBOR rate. The imposition and collection of interest on late
payments does not constitute a waiver of the MSO’s obligation to pay
the License Fee by the Due Date and MEDIA PRO shall retain all of
its other rights and remedies under the Agreement.
8. Taxes All License Fee payments hereunder are exclusive of all applicable
indirect taxes including all and any service taxes, VAT, works contract
taxes, customs duties, excise duties, entertainment taxes and other
such taxes. All such taxes shall be at Operator’s cost and will be
charged at the prevailing rates by MEDIA PRO to Operator.
If payment of the License Fee is subject to deduction of any
withholding tax/TDS in accordance with the provisions of the Indian
Income Tax Act 1961, as amended, MSO shall provide tax
withholding certificates to MEDIA PRO within the time limit stipulated
in the Income Tax Act 1961.
Any stamp duty payable on this Agreement shall be equally shared
between the Parties. MEDIA PRO shall pay the appropriate stamp
duty in full and shall invoice MSO for its share of the stamp duty
which MSO shall pay within fifteen (15) days of the date of the
invoice. 9. Reports The MSO shall maintain at its own expense a subscriber
management system (“SMS”) which should be fully integrated with
the CAS (Conditional Access System).
The MSO shall provide to MEDIA PRO complete and accurate
opening and closing subscriber monthly reports for the MEDIA PRO
Channels and the tier and/or package containing the MEDIA PRO
Channels within seven (7) days from the end of each month in the
format provided by MEDIA PRO.
Such reports shall specify all information required to calculate the
Monthly Average Subscriber Level (including but not limited to the
number of Subscribers for each MEDIA PRO Channel and each
package in which a MEDIA PRO Channel is included) and the
License Fees payable to MEDIA PRO and shall be signed and
attested by an officer of the MSO of a rank not less than Head of
Department/Chief Financial Officer who shall certify that the
information in the Report is true and correct. 10. Audit MEDIA PRO’s representatives (including through an independent
auditor) shall have the right, not more than twice in a calendar year,
to review and / or audit the subscriber management system, 6 conditional access system, other related systems and records of
Subscriber Management System of the MSO relating to the MEDIA
PRO Channel(s) provided by MEDIA PRO for the purpose of verifying
the amounts properly payable to MEDIA PRO under the Agreement,
the information contained in Subscriber Reports and full compliance
with the terms and conditions of the Agreement.
In the event an audit reveals that MSO has under-reported the
number of Subscribers or the Monthly License Fee or has
misrepresented any item or has failed to keep accurate and complete
records:
1. MSO shall make immediate payment of all amounts due plus
Late Payment Interest thereon. In the event the audit reveals that
the License Fees due for any period exceeds the Monthly
License Fee reported by the MSO by 2% or more, the MSO shall
in addition also pay MEDIA PRO, the costs incurred in relation to
the Audit and take necessary steps to avoid such errors in future;
and
2. MEDIA PRO shall have the option in its sole discretion (in
addition to MEDIA PRO’s other rights and remedies under law or
equity) to suspend delivery of the MEDIA PRO Channels
pursuant to clause 15 and/or to terminate this agreement as per
applicable law, in the event the MSO fails to make payment of all
amounts due Late interest thereon and or fails to take steps to
avoid recurrence of errors in reporting.
The MSO shall remain the sole owner and holder of all customer
databases compiled by the MSO under the Agreement.
MSO will maintain at its own expense a subscriber management
system (“SMS”) capable of, at a minimum :
(i) maintaining a computerised customer database capable of
recording adequate details of each Subscriber, including name,
address, chosen method of payment and billing;
(ii) administering subscriptions of Subscribers by producing and
distributing contracts for new Subscribers and setting up and
maintaining an infrastructure whereby Subscriber contracts are
collected and recorded in the SMS database for ongoing
administration;
(iii) handling all ongoing administrative functions in relation to
Subscribers, including, without limitation, billing and collection of
subscription payments, credit control, sales enquiries and handling of
complaints;
(iv) administering payments of any commission fees from time to time
payable to the Operator’s authorised agents for the sale to 7 Subscribers of programming packages;
(v) obtaining and distributing receivers and smartcards, if applicable,
to Subscribers, and issue replacement smartcards from time to time
in its discretion; and
(vi) enable new Subscribers via the SMS over-the-air addressing
system and disable defaulting Subscribers from time to time in its
discretion.
MSO shall give MEDIA PRO’s representatives such assistance as
they may reasonably require in order to carry out any audit
11. Packaging MSO undertakes to MEDIAPRO that it shall package MEDIAPRO
Channels as per applicable law including but not limited to the
Regulations; MSO undertakes to MEDIA PRO that no MEDIA PRO Channel shall be disadvantaged or
otherwise treated less favourably by MSO with respect
to competing channels on a genre basis; and included in any package or tier that contains any
channel with pornographic content or any gambling
channel. Once any of the MEDIAPRO Channel has been included in a
Pack/Package/Scheme, the Operator shall not change the
composition of the subscription Package in which MEDIA PRO
channel(s) has been placed, for a period of six months from the date
of enrolment of the subscriber to such subscription package and all
such changes in the composition of the subscription Package shall be
fully compliant of the Standard of Quality of Service (Digital
Addressable Cable TV System) Regulations, 2012.
12. Marketing MEDIA PRO grants to MSO the non-exclusive right during the Term
to use the MEDIA PRO Marks solely in connection with Operator’s
marketing and promotion of the MEDIA PRO Channels as available
on its Platform and in a manner that has been pre-approved by
MEDIA PRO.
MSO agrees to give:
1. an equivalent amount of marketing support for all MEDIA PRO
Channels as it provides to other channels of the same genre;
2. similar treatment to MEDIA PRO Channels in all advertising
material whereby MEDIA PRO Channel logos and/or names
appear with the logos and names of other channels in terms of
size and prominence and page taking into consideration context;
and equal opportunity to MEDIA PRO Channels for participation
in events and promotions that MSO undertakes subject to
commercial agreement for each event.
3. The Operator shall explicitly and in a non-discriminate manner
8 communicate to the subscribers of the Platform in all its publicity
and promotional material, the manner in which the MEDIAPRO
Channels are being offered to them.
13. Delivery
Security and MEDIA PRO shall authorise MSO to deploy two (2) professional
integrated receiver decoders (“PIRDs”) with SDI output together with
the associated viewing cards (collectively, the “Equipment”) for each
of the MEDIA PRO Channels. The Equipment cost shall be borne
solely and exclusively by Operator.
All MEDIA PRO Channels must be delivered by MSO to subscribers
in a securely encrypted manner and without any alteration, editing,
delays interruptions, picture squeezing, pull through or crawls, except
as authorized by MEDIA PRO in advance in writing.
It is expressly clarified that that the Operator shall offer all/any
subscribed channels at all times as a linear television service only on
24 hours per day,7 day per week, 365(6) days a year basis. Further
the subscribed MEDIAPRO Channels shall be offered on as-is- basis
and shall not be offered on basis of any specific event, sporting event,
programming, or specific screening or for specific hours.
The uplink specifications, satellite capacity and infrastructure
allocated by MSO in respect of the broadcast signal of the MEDIA
PRO Channels by MSO to its subscribers shall be no worse than that
of the broadcast signal of any other channel within the same genre on
its Platform.
MSO shall ensure that the STBs, Conditional Access System (CAS)
and Subscriber Management System (“SMS”) used by its subscribers
comply with the Specifications set out in Annexure 3. 14. Anti-Piracy In order to prevent theft, piracy, unauthorized retransmissions,
redistribution or exhibition, copying or duplication of any Channel, in
whole or in part, (hereinafter collectively referred to as “Piracy”), the
MSO shall, prior to the commencement of the Term of the agreement
and at all times during such Term, employ, maintain, and enforce fully
effective conditional access delivery and content protection and
security systems, and related physical security and operational
procedures (hereinafter collectively referred to as the “Security
Systems”) as may be specified (security specifications), in a nondiscriminatory manner in writing, from time to time, by MEDIA PRO.
To ensure the MSO’s ongoing compliance with the security
requirements set out in the Agreement, MEDIA PRO may require
technical audits (“Technical Audit(s)”) conducted by an independent
security technology auditor (“Technical Auditor”), approved by MEDIA
PRO in writing no more than twice per year during the Term, at
MEDIA PRO’s cost and expense. If the results of any Technical Audit
are not found to be satisfactory by either the MSO or MEDIA PRO,
then MEDIA PRO shall work with the MSO in resolving this issue in
the next fourteen (14) business days. If a solution is not reached at by
then, MEDIA PRO may, in its sole discretion, suspend the Operator’s 9 right to distribute the MEDIA PRO Channels or take other actions as
provided under the Agreement, until such systems, procedures and
security measures have been corrected to MEDIA PRO’s satisfaction.
The MSO shall deploy finger printing mechanisms to detect any
piracy, violation of copyright and unauthorized viewing of the
Channels, distributed / transmitted through its Platform at least every
10 minutes on 24 x 7 x 365(6) basis.
The MSO shall not authorize, cause or suffer any portion of any of the
Channels to be recorded, duplicated, cablecast, exhibited or
otherwise used for any purpose other than for distribution by MSO at
the time the Channels are made available. If MSO becomes aware
that any unauthorized third party is recording, duplicating,
cablecasting, exhibiting or otherwise using any or all of the Channels
for any other purpose, MSO shall within ten minutes of so becoming
aware of such recording, duplicating, cablecasting, exhibiting or
otherwise using any or all of the MEDIA PRO Channels for any other
purpose, notify MEDIA PRO and the MSO shall also switch off the
concerned Set Top Box to prevent such unauthorized use.
However the use of a Set Top Box with Personal Video Recorder/
Digital Video Recorder facility which has been supplied by the MSO
shall not be treated as unauthorized use, as long as such Set Top
Box is used in accordance with the terms and conditions of the
subscription agreement between the MSO and the Subscriber.
If so instructed by Information (as defined below) by MEDIA PRO, the
MSO shall shut off or de-authorize the transmission to any
unauthorized subscriber/ subscriber indulging in piracy, within ten
minutes from the time it receives such instruction from MEDIA PRO.
Any communication under this clause shall be considered as valid
Information only if (i) the info...

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