ITV

Category: Regulators

  • TRAI allows more time for reactions on QoS methodology under DAS

    TRAI allows more time for reactions on QoS methodology under DAS

    NEW DELHI: With consumers still to get a full experience of digital addressable systems and the various rules relating to it, the Telecom Regulatory Authority of India has agreed to extend the last date for receipt on comments on its consultation paper on ‘Issues related to Quality of Services in Digital Addressable Systems and Consumer Protection’.

    Stakeolders can now send in their comments by 1 July and any counter-comments by 8 July 2016 to the paper issued on 18 May 2016. The earlier date was 17 June for receipt of comments and 1 July 2016 for counter comments.

    As the country moves towards the final phase of digital addressable systems, TRAI wants to know if there should be a uniform regulatory framework for quality of service and consumer protection across all digital addressable platforms.

    TRAI has also sought opinion of stakeholders on the standards and essential technical parameters for ensuring good quality of service for Digital Cable TV, Direct-to-home (DTH), head-end in the sky (HITS) and Internet Protocol Television (IPTV).

    In over fifty questions posed to stakeholders, it wants to know the broad contours for Quality of Service Regulatory Framework for digital addressable systems.

    The regulator has asked if timelines relating to various activities to get new connection should be left to the Distribution Platform Operators (DPOs) to be transparently declared to the subscribers. What should be the time limits for various activities including consumer application form and installation and activation of service for new connections, it wants to know.

    Referring to a query often asked by stakeholders, the regulator wants to know if the minimum essential information to be included in the CAF should be mandated through regulations to maintain basic uniformity. Should the use of e-CAF be facilitated, encouraged or mandated, it has asked.

    TRAI wants to know if an initial subscription period can be charged while providing a new connection to protect the interest of subscribers as well as DPOs, and the protections for subscribers and DPOs during initial subscription period.

  • TDSAT asks Sai Prasad Media to clear dues of MSO with interest

    TDSAT asks Sai Prasad Media to clear dues of MSO with interest

    NEW DELHI: Sai Prasad Media Private Ltd which broadcasts News Express has been directed by the TelecomDisputes Settlement and Appellate Tribunal to pay a sum of Rs 35,88,009 along with interest @8 percent till the date of final payment of the amount to multi-system operator Fastway Transmission Pvt Ltd.

    The case of the petitioner is that it entered into a channel placement agreement for placement of News Express on 27 September 2013 for the period 15 July 2013 to 14 July 2013. Sai Prasad Media was required to pay an amount of Rs 1,07,20,000 excluding taxes in four instalments on receipt of invoices. Fastway claimed it fulfilled all obligations on its part under the agreement.

    However, Sai Prasad Media failed to make payments to the petitioner for  placement/carriage charges. It has also been stated that invoices towards payment of placement charges/carriage fee in accordance with the agreement were raised but only part payments were made in violation of terms of the agreement. It has been further submitted that partial payment/non-payment of invoiced amounts resulted in an outstanding dues of Rs 35,88,008. 

    Reminders to the broadcaster went unheeded, and it also failed to appear before the Tribunal to defend its case.  

    Chairperson Justice Aftab Alam and member B B Srivastava In the directive on 25 May 2016 also directed for examination of the witness of the petitioner by an advocate commissioner, before examining all the documents and coming to the conclusion that the petitioner had fulfilled all its obligations.

  • TDSAT asks Sai Prasad Media to clear dues of MSO with interest

    TDSAT asks Sai Prasad Media to clear dues of MSO with interest

    NEW DELHI: Sai Prasad Media Private Ltd which broadcasts News Express has been directed by the TelecomDisputes Settlement and Appellate Tribunal to pay a sum of Rs 35,88,009 along with interest @8 percent till the date of final payment of the amount to multi-system operator Fastway Transmission Pvt Ltd.

    The case of the petitioner is that it entered into a channel placement agreement for placement of News Express on 27 September 2013 for the period 15 July 2013 to 14 July 2013. Sai Prasad Media was required to pay an amount of Rs 1,07,20,000 excluding taxes in four instalments on receipt of invoices. Fastway claimed it fulfilled all obligations on its part under the agreement.

    However, Sai Prasad Media failed to make payments to the petitioner for  placement/carriage charges. It has also been stated that invoices towards payment of placement charges/carriage fee in accordance with the agreement were raised but only part payments were made in violation of terms of the agreement. It has been further submitted that partial payment/non-payment of invoiced amounts resulted in an outstanding dues of Rs 35,88,008. 

    Reminders to the broadcaster went unheeded, and it also failed to appear before the Tribunal to defend its case.  

    Chairperson Justice Aftab Alam and member B B Srivastava In the directive on 25 May 2016 also directed for examination of the witness of the petitioner by an advocate commissioner, before examining all the documents and coming to the conclusion that the petitioner had fulfilled all its obligations.

  • TDSAT directs Sat Guru Sai Cable to pay MSM Media

    TDSAT directs Sat Guru Sai Cable to pay MSM Media

    NEW DELHI: Sat Guru Sai Cable Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay a sum of Rs.5,36,173 to MSM Media Distribution Pvt. Ltd as subscription along with interest at the rate of 8 per cent from the date of the filing till final payment.

    Although MSM Media Distribution had demanded Rs 10,30,435, Chairman Justice Aftab Alam and member B B Srivastava in their judgment of 2 June 2016 held that payment could only be made up to the date of the interconnect agreement even if the petitioner had continued to provide signals.

    According to MSM Media Distribution, it entered into two separate agreements on 19 November 2014 whereby the MSO was authorized to retransmit signals of the channels of the broadcasters received from MSM Discovery or Multi-Screen Media to its subscribers and LCOs’ if applicable in the area of Muzaffarpur (Bihar}. The period of agreement is 1April 2014 to 31 December 2014 in both the cases. The monthly subscription fee for MSM channels was Rs 82,572 and for the TVT channels Rs.1,700 excluding applicable taxes. The subscription agreement, according to the petitioner’s averments, also stipulated payments ofinterest at 18 percent per annum for any late payment of the subscription fee.

    The distributor says that these channels were duly transmitted to the MSO which re-transmitted them to its consumers/subscribers and LCOs.

    It has been stated by the distributor that prior to the conclusion of the agreement, the MSO was reminded several times to renew the agreement and to clear the arrears. The signals were continued on a request by the MSO even after the expiry of the agreement.

    Thereafter, the distributor first issued notices and then public notices in local newspapers and failing to get any reply, deactivated the signals of TVT on 29 April 2015 and MSM channels on 11 May 2015.

    No one appeared in TDSAT on behalf of the MSO despite notices and the case was heard ex parte.

    The tribunal found there was no documentary evidence to support the averments about public notices in prominent newspapers, nor was there any document to suggest it had pleaded with the MSO to renew the agreement.

    In view of that, the tribunal limited the payment to the period of agreement only, Rs 5,23,459 for supply of MSMsignals  and Rs. 12,714 for supply  of TVT signals  thus totalling Rs 5,36,173 only. 

  • TDSAT directs Sat Guru Sai Cable to pay MSM Media

    TDSAT directs Sat Guru Sai Cable to pay MSM Media

    NEW DELHI: Sat Guru Sai Cable Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay a sum of Rs.5,36,173 to MSM Media Distribution Pvt. Ltd as subscription along with interest at the rate of 8 per cent from the date of the filing till final payment.

    Although MSM Media Distribution had demanded Rs 10,30,435, Chairman Justice Aftab Alam and member B B Srivastava in their judgment of 2 June 2016 held that payment could only be made up to the date of the interconnect agreement even if the petitioner had continued to provide signals.

    According to MSM Media Distribution, it entered into two separate agreements on 19 November 2014 whereby the MSO was authorized to retransmit signals of the channels of the broadcasters received from MSM Discovery or Multi-Screen Media to its subscribers and LCOs’ if applicable in the area of Muzaffarpur (Bihar}. The period of agreement is 1April 2014 to 31 December 2014 in both the cases. The monthly subscription fee for MSM channels was Rs 82,572 and for the TVT channels Rs.1,700 excluding applicable taxes. The subscription agreement, according to the petitioner’s averments, also stipulated payments ofinterest at 18 percent per annum for any late payment of the subscription fee.

    The distributor says that these channels were duly transmitted to the MSO which re-transmitted them to its consumers/subscribers and LCOs.

    It has been stated by the distributor that prior to the conclusion of the agreement, the MSO was reminded several times to renew the agreement and to clear the arrears. The signals were continued on a request by the MSO even after the expiry of the agreement.

    Thereafter, the distributor first issued notices and then public notices in local newspapers and failing to get any reply, deactivated the signals of TVT on 29 April 2015 and MSM channels on 11 May 2015.

    No one appeared in TDSAT on behalf of the MSO despite notices and the case was heard ex parte.

    The tribunal found there was no documentary evidence to support the averments about public notices in prominent newspapers, nor was there any document to suggest it had pleaded with the MSO to renew the agreement.

    In view of that, the tribunal limited the payment to the period of agreement only, Rs 5,23,459 for supply of MSMsignals  and Rs. 12,714 for supply  of TVT signals  thus totalling Rs 5,36,173 only. 

  • Merger of schemes under MIB lead to reduction to one-third of 11th Plan

    Merger of schemes under MIB lead to reduction to one-third of 11th Plan

    NEW DELHI: The Information and Broadcasting Ministry has brought down the number of schemes under it from 65 in the Eleventh Plan to just 21 in the 12th Plan by the year 2016-17 by merely merging together under umbrella schemes the various schemes of its different media units with similar objectives and activities.

    The Parliamentary Standing Committee for Information Technology which goes into issues relating to I and B was informed that the ministry carried out a comprehensive rationalization and restructuring of the Plan schemes to achieve the thrust areas of the 12th Five Year Plan.

    The ministry said this is expected to result in optimum and effective utilization of outlay earmarked and better monitoring of Plan Schemes at implementing stages during the year 2016-17.

    Progress in the achievement of physical and financial targets in respect of schemes is now being reviewed by the secretary in the ministry to boost utilization in the current fiscal.

    In addition, the Financial Advisor of the ministry and the concerned joint secretaries also convene meetings at their level in order to review the performance of the plan schemes. In such meetings representatives from various media units under the ministry and implementing agencies are also called for discussion, whenever required.

    The allocation of funds to various sectors during 2015-16 and 2016-17 is:
    (Rs. in crore) Sector wise Budgetary Support
    BE 2015-16
    RE 2015-16
    Expenditure as on 31.03.2016
    BE 2016-17
     
    Information
     
    70.65
     
    193.42
     
    188.20
     
    183.02
    Film
    208.55
    77.31
    69.01
    141.48
    Broadcasting
    Main Sectt.
    30.30
    25.50
    23.41
    25.50
    Prasar Bharati
    605.03
    453.77
    453.77
    450.00
    Total Broadcasting
    635.33
    479.27
    477.18
    475.50
    Total
    914.53
    750.00
    734.39
    800.00

    Thus, allocation for Broadcasting and Film Sectors has been reduced compared to last fiscal, i.e. 2015-16 but the Information Sector has got an enhanced allocation in 2016-17.

    When questioned about the reduction in other sectors and increase in the Information sector, the ministry informed the committee that the sector-wise fund allocation are based on the following rationale:

    1.    The scheme-wise expenditure trend during last four years of the 12th Five Year Plan;
    2.    Overall ceilings approved by Expenditure Finance Committee/Standing Finance Committee/Revised Cost             Estimates, for the 12th Plan (2012-17) with respect to each scheme;
    3.    Annual scheme-wise budget proposals from different wings based on their expenditure capacity;
    4.    Full provision for continuing schemes for completion of the schemes.
    5.    Overall ceiling fixed by the ministry of Finance.

    As the Revised Cost Estimates (RCE) of sub-scheme “People’s Empowerment through Development Communication (Conception and Dissemination) (Directorate of Advertising and Visual Publicity” was under consideration at the beginning of 2015-16, an amount of Rs 131 crore for this scheme was kept in the scheme “National Film Heritage Mission” of the film sector. After the RCE of this sub-scheme was approved by the Finance ministry, the allocation for this sub-scheme was enhanced to Rs 151 crore. Consequently, allocation with respect to information sector at revised estimate stage increased to Rs.193.42 crore and the allocation for the film sector decreased to Rs.77.31 crore.

    When questioned whether the present allocation of Rs.800 crore for the current fiscal is sufficient to carry out the planned activities, the ministry told the committee that given the availability of resources and the set priorities of the government, the financial allocations are made to the ministries/departments which are mostly less than what is proposed to the Finance ministry.

    The Budget Estimates allocation of Rs 800 crore for the year 2016-17 for the I and B Ministry is less than the proposed amount of Rs 1,240.69 crore.

    However subject to the resource constraint, the ministry has tried to optimize the reduced allocation of Rs 800 crore amongst the schemes of the ministry sector-wise, by allocating funds to the media units in a rational manner to overcome the difficulty of reduced allocation.

    Subject to the availability of the budget, the ministry will make all out efforts to reach out to the people of the country and fulfill their mandate of the public broadcaster, Prasar Bharati.
     

  • Merger of schemes under MIB lead to reduction to one-third of 11th Plan

    Merger of schemes under MIB lead to reduction to one-third of 11th Plan

    NEW DELHI: The Information and Broadcasting Ministry has brought down the number of schemes under it from 65 in the Eleventh Plan to just 21 in the 12th Plan by the year 2016-17 by merely merging together under umbrella schemes the various schemes of its different media units with similar objectives and activities.

    The Parliamentary Standing Committee for Information Technology which goes into issues relating to I and B was informed that the ministry carried out a comprehensive rationalization and restructuring of the Plan schemes to achieve the thrust areas of the 12th Five Year Plan.

    The ministry said this is expected to result in optimum and effective utilization of outlay earmarked and better monitoring of Plan Schemes at implementing stages during the year 2016-17.

    Progress in the achievement of physical and financial targets in respect of schemes is now being reviewed by the secretary in the ministry to boost utilization in the current fiscal.

    In addition, the Financial Advisor of the ministry and the concerned joint secretaries also convene meetings at their level in order to review the performance of the plan schemes. In such meetings representatives from various media units under the ministry and implementing agencies are also called for discussion, whenever required.

    The allocation of funds to various sectors during 2015-16 and 2016-17 is:
    (Rs. in crore) Sector wise Budgetary Support
    BE 2015-16
    RE 2015-16
    Expenditure as on 31.03.2016
    BE 2016-17
     
    Information
     
    70.65
     
    193.42
     
    188.20
     
    183.02
    Film
    208.55
    77.31
    69.01
    141.48
    Broadcasting
    Main Sectt.
    30.30
    25.50
    23.41
    25.50
    Prasar Bharati
    605.03
    453.77
    453.77
    450.00
    Total Broadcasting
    635.33
    479.27
    477.18
    475.50
    Total
    914.53
    750.00
    734.39
    800.00

    Thus, allocation for Broadcasting and Film Sectors has been reduced compared to last fiscal, i.e. 2015-16 but the Information Sector has got an enhanced allocation in 2016-17.

    When questioned about the reduction in other sectors and increase in the Information sector, the ministry informed the committee that the sector-wise fund allocation are based on the following rationale:

    1.    The scheme-wise expenditure trend during last four years of the 12th Five Year Plan;
    2.    Overall ceilings approved by Expenditure Finance Committee/Standing Finance Committee/Revised Cost             Estimates, for the 12th Plan (2012-17) with respect to each scheme;
    3.    Annual scheme-wise budget proposals from different wings based on their expenditure capacity;
    4.    Full provision for continuing schemes for completion of the schemes.
    5.    Overall ceiling fixed by the ministry of Finance.

    As the Revised Cost Estimates (RCE) of sub-scheme “People’s Empowerment through Development Communication (Conception and Dissemination) (Directorate of Advertising and Visual Publicity” was under consideration at the beginning of 2015-16, an amount of Rs 131 crore for this scheme was kept in the scheme “National Film Heritage Mission” of the film sector. After the RCE of this sub-scheme was approved by the Finance ministry, the allocation for this sub-scheme was enhanced to Rs 151 crore. Consequently, allocation with respect to information sector at revised estimate stage increased to Rs.193.42 crore and the allocation for the film sector decreased to Rs.77.31 crore.

    When questioned whether the present allocation of Rs.800 crore for the current fiscal is sufficient to carry out the planned activities, the ministry told the committee that given the availability of resources and the set priorities of the government, the financial allocations are made to the ministries/departments which are mostly less than what is proposed to the Finance ministry.

    The Budget Estimates allocation of Rs 800 crore for the year 2016-17 for the I and B Ministry is less than the proposed amount of Rs 1,240.69 crore.

    However subject to the resource constraint, the ministry has tried to optimize the reduced allocation of Rs 800 crore amongst the schemes of the ministry sector-wise, by allocating funds to the media units in a rational manner to overcome the difficulty of reduced allocation.

    Subject to the availability of the budget, the ministry will make all out efforts to reach out to the people of the country and fulfill their mandate of the public broadcaster, Prasar Bharati.
     

  • TRAI extends time for responses to issues on availability of free data

    TRAI extends time for responses to issues on availability of free data

    NEW DELHI: Given the complicated issues around net neutrality, stakeholders have now been given more time to reply to a consultation paper on Free Data which also touched on this subject.

    Comments on the paper, issued by the Telecom Regulatory Authority of India on 19 May 2016, will have to be sent by 30 June 2016 with counter-comments on 14 July 2016. The earlier dates were 16 June and 30 June respectively.

    Stretching the discussion on net neutrality, TRAI had wants to know whether there is a need to have TSP agnostic platform to provide free data or suitable reimbursement to users without violating the principles of Differential Pricing for Data laid down in TRAI Regulation.

    It also wants to know if free data or suitable reimbursement to users should be limited to mobile data users only or could it be extended through technical means to subscribers of fixed line broadband or leased line.

    The paper says that in the recent past, some data services plans of the Telecom Service Providers (TSPs) came to the notice of TRAI which amounted to discriminatory tariff through offering zero or discounted tariffs to certain contents of certain websites/applications/platforms. The objective of offering such plans was claimed to be the desire of various service providers/content providers or platform providers to enable people of this country, especially the poor, to access certain content on the internet free of charge.

  • TRAI extends time for responses to issues on availability of free data

    TRAI extends time for responses to issues on availability of free data

    NEW DELHI: Given the complicated issues around net neutrality, stakeholders have now been given more time to reply to a consultation paper on Free Data which also touched on this subject.

    Comments on the paper, issued by the Telecom Regulatory Authority of India on 19 May 2016, will have to be sent by 30 June 2016 with counter-comments on 14 July 2016. The earlier dates were 16 June and 30 June respectively.

    Stretching the discussion on net neutrality, TRAI had wants to know whether there is a need to have TSP agnostic platform to provide free data or suitable reimbursement to users without violating the principles of Differential Pricing for Data laid down in TRAI Regulation.

    It also wants to know if free data or suitable reimbursement to users should be limited to mobile data users only or could it be extended through technical means to subscribers of fixed line broadband or leased line.

    The paper says that in the recent past, some data services plans of the Telecom Service Providers (TSPs) came to the notice of TRAI which amounted to discriminatory tariff through offering zero or discounted tariffs to certain contents of certain websites/applications/platforms. The objective of offering such plans was claimed to be the desire of various service providers/content providers or platform providers to enable people of this country, especially the poor, to access certain content on the internet free of charge.

  • TDSAT dismisses Discovery claim against All Digital Networks

    TDSAT dismisses Discovery claim against All Digital Networks

    NEW DELHI: An application by Discovery Communication India, New Delhi for recovery of certain sums from the multi-system operator All Digital Network India Ltd, Karnataka has been dismissed by the Telecom Disputes Settlement and Appellate Tribunal.

    Chairperson Justice Aftab Alam and member B B Srivastava said that the evidence produced by the broadcaster in the form of e-mails from the MSO did not admit to any specific sums.

    The order therefore said that the application could not be accepted under order XII rule 6, and listed the main matter to come up on 17 August 2016.

    The broadcaster initially demanded a sum of Rs 67,01,292 which was later reduced to Rs.59,82,891 due as on 30 June 2015.

    The tribunal in its judgment of 2 June 2016 noted that “It needs here to be clarified that the slight reduction in the amount of claim appears to have been necessitated on account of some recent decisions of the tribunal in which it is held that no claim for recovery of dues may be entertained by the tribunal normally beyond the term of the Interconnect agreement in writing. However, in case the petitioner is able to establish by evidence that after the expiry of the earlier agreement, the parties were in negotiation in regard to the terms of the fresh agreement, the claim for recovery may be extended to a point three months beyond the expiry of the previous agreement.”

    Thee broadcaster has said the two parties had an Interconnect Agreement from 1 April 2014 to 31 March 2015.

    In one of the e-mails, All Digital has referred to a strategic tie-up with GTPL Hathway Pvt. Ltd. and the broadcaster was asked to make changes in the name of the MSO.

    From the first email about negotiations being on, the tribunal said, “it is impossible to infer that the respondent admitted its liability for payment of any specified amount to the petitioner much less the specific amount claimed by thepetitioner in its petition, later amended by the affidavit dated 2 February 2016.

    The tribunal said that the email dated 19 May 2015 had “indeed an admission of certain outstanding dues of the petitioner in respect of which it is stated that the payment would be made by GTPL Hathway Pvt. Ltd. It is, however, evident that the admission is not to the effect that the respondent owes to the petitioner the specified amount as claimed by the petitioner and on the basis of that e-mail, it would not be possible to make any decree as claimed by the petitioner.”