communications ~ By Courier! Speedpost! Email August 5, 2014

NOVEX
communications
~
By Courier! Speed post! Email
August 5, 2014
Telecom Regulatory Authority
Of India,
Mahanagar Door Sanchar Bhawan,
Jawahar lal Nehru Marg,
New Delhi - 110 ~02.
Kind Attn: Mr. Agneshwar Sen - Advisor (B&CS)
Ref:Consultation
Paper
(No.
Services("Consultation
7/2014)
on
Regulatory
Framework
for
Platform
Paper")
Sub:Counter Comments on the Consultation
Paper from Novex Communications
Private limited
Dear Sir,
With reference
Consultation
to the above, enclosed
please find our counter
Paper.
We request you to kindly take note of the same.
Thank you, .
For Novex Communications
Encl.: As above
Pvt. Ltd.
comments,
on the
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NOVEX
communications
Novex Communicotion
Counter Comments - TRAI Consultotion Paperon Regulatory Frameworkfor
By Courier/Speed Post/Email
Pvt. Ltd.
Platform Services
August 5, 2014
Counter
Comments
Authority
of Novex Communications
of India ("TRAI" /"Authority")
Pvt. ltd.
to Telecom
to the Consultation
Regulatory Framework for Platform Services ("Consultation
Kind Attention:
Regulatory
Paper (No. 7/2014) on
Paper")
Mr. AgneshwarSen,
Advisor (B&CS),
Telecom Regulatory Authority
of India
MahanagarDoorsancharBhawan,
JawaharLal Nehru Marg,
New Delhi - 110002.
We refer to and reiterate
2014,on the Consulation
the comments
Paper (hereinafter
made in our Submission
"Submission").
dated
The following
counter comments, in response to some of the submissionsmade,
14 July
are our
on the Consultation
Paper, by certain other Stakeholders.
Definition
of Platform Services
Platform Services are primarilyvalue
added services, offered by a DPO, in an attempt to
provide innovative services to its subscribers,showcasing
the Hon'ble Authority
itself noted in the Consulation
its product differentiation.
As
Paper, these Platform Services
"act as unique selling proposition (USP) for OPOs, helping them in meetinq the specific
needs of their subscribers"
In addition
to the above, Platform Servicescater to the advertisement
needs of the
small local businesses and service providers, of a given locality, by providing them with
specific access to their target demographic, in the relevant locality.
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NOVEX
communications
Novex Communication Pvt. Ltd.
Counter Comments - TRAI Consultotion Poperon Regulatory Framework/or Platform Services
For reasons described, in detail, in our Submission, Platform Services differ from a
linear satellite TV channel, on various counts such as content,
subscriber reach etc.,
but even the Platform Services are offered with ultimate objective of being enjoyed by
an audience/subscribers.
Given the aforesaid,
it helps the concerned
DPO,to know the viewership
appeal of its various Platform Services, via an audience measurement
continuouslyimprove
ratings /
system, so as to
its offering / content of Platform Services and to better serveits
subscribers.
In any case, there appears no valid reason for excluding Platform Services from the
audience measurement
Information
ratings, carried out by agencies accredited with the Ministry of
and Broadcasting.
Programs to be Permitted on Platform Services
We
reiterate
our
broad/generalrange
objection
to
of content
categories from Platform Services, because such a
regulation will ultimately
an oppressive
regulation,
which
excludes
a
have a negative impact on the range and quality of content
available to the subscribers.
With respect to availability of movies and audiovisual content on Platfrom Services,
it should
be noted
that
movies are copyrighted
Copyright Act, 1957, as cinematograph
materials,
films. A copyright
covered
under the
in a cinematograph
may inlcude various rights within its ambit, including without
limitation,
film,
the satellite
television broadcasting rights, cable TV rights, DTH rights, terrestrial television rights,
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NOVEX
communications
Novex Communication
Pvt. Ltd.
Counter Comments - TRAI Consultation Poperon Regulatory Framework for Platform Services
on demand rights, internet
rights, IPTV, mobile rights, airline rights, theatrical
distribution rights, home video distribution rights etc.
Like any other work in which copyright subsists, exploitation
of copyright in a
cinematograph film/movie, and the terms of such exploiatation, should be the sole
prerogative of the concerned copyright owner(s), and be governed by the terms and
conditions of the license agreement, between the copyright owner and the licensee.
Therefore, a generalrestriction
on inclusion of movies / audiovisual content on
Platfrom Services, until a cooling-off period of 12 months, from the date of first
telecast on a broadcaster channels or their premier in India or abroad, whichever is
later, is arbitrary and unnecessarily embargoes the exploiation of copyrights by their
owners. Provided, of course, that in all such casesthe concerned DPO (be it a MSO in
DAS areas and MSO/LCO elsewhere or DTH operator) has obtained the requisite
copyright
license/permission, from
the
concerned
copyright
owners
or their
authorised agents, in terms of the sectiogn 30 of the Copyright Act, 1957.
If the real concern, as expressed by certain stakholders, is indeed piracy, then any
caveat or regulation, in this connection, only needs to target the content included,
by DPOs,in Platfrom Services, without obtaining the aforesaid copyright license.
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