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Category: Regulators

  • Final Hearing matters may be affected till Alam’s successor is found in TDSAT

    Final Hearing matters may be affected till Alam’s successor is found in TDSAT

    NEW DELHI: Justice Aftab Alam, who has chaired the Telecom Disputes Settlement and Appellate Tribunal for the past three years, is laying down office in just under a week – but has made sure that work is not affected till a successor is appointed.

    With the other member Kuldip Singh retired at the end of March, the tribunal now only has Justice Alam who retires on 16 June and member Bipin Behari Srivastava.

    The Telecom Regulatory Authority of India Act 2000 clearly stipulates that the Chairman has to be either a former or sitting Supreme Court judge or a sitting or retired Chief Justice of a High Court.

    The selection of the chairman and a maximum of two members has to be made by the central government, and Department of Telecom sources have confirmed that the process has been initiated by the Communication and Information Technology ministry.

    But perhaps keeping in view the time that may elapse before his successor is found, Justice Aftab Alam had on 26 May issued a notice re-constituting work allocation.

    The chairperson said that with effect from 1 June, there will be two benches in TDSAT: the first will have the chairperson and one member, while Bench Two will have ‘Member/Members’.

    He also made clear that Bench two will deal with matters listed for ‘preliminary hearing, directions, and for orders for passing interim orders only.’  This bench may also dispose of cases where a settlement is arrived at either bilaterally or through the Mediation Centre of the tribunal.

    However, while TDSAT will not come to a standstill and will continue to hear new matters and also pass interim orders, this will affect those cases which have been listed for final arguments. These include cases such as the definition of adjusted gross revenue, the direct-to-home arrears case, and the matter relating to digital cable addressable tariffs for commercial establishments like hotels etc.

    Justice Alam directed that this arrangement – issued by him under Section 14B (4)(b) and 14B(5) read with Section 14-1 of the TRAI Act – will continue until further orders.   

  • TDSAT directs Zeel to sign RIO based interconnect pacts with five MSOs

    TDSAT directs Zeel to sign RIO based interconnect pacts with five MSOs

    NEW DELHI: Five multi-system operators have been asked by the Telecom Disputes Settlement and Appellate Tribunal to pay Zee Entertainment Enterprise Ltd (Zeel) a sum of Rs 3 crore to enable the signing of an RIO based interconnect agreement.

    Chairman Aftab Alam and member B B Srivastava said the agreement would be from 19 May, the date from which the petitioners are operating on that basis.

    Listing the matter to come up on 16 August, the tribunal on 2 June made it clear that both the payment of Rs 3 crores and the direction for execution of the RIO based agreement is without prejudice to the rights and contentions of the parties and will abide by the final result of the petition.

    The petitions were filed by Fastway Transmission Pvt Ltd, Jagsumi Perspectives Pvt Ltd, Novabase Digital Entertainment Pvt. Ltd, and Radiant Digitek Network Pvt. Ltd against a general notice asking all the MSOs who on the date of issuance (11 May) of the fresh RIO by Zee Entertainment did not have a subsisting interconnect agreement with it to execute an agreement based on the RIO. 

    The petitioners were willing to execute an RIO based agreement until the validity and legality of the RIO coming under challenge in this petition and several other petitions on that issue is finally decided by the tribunal.

    But the tribunal said the difficulty was that Zeel said the petitioners owe the sum of Rs 5.4 crores and odd and unless the dues are cleared, it is not inclined even to enter into the RIO based inter connect agreement. But the petitioners say the dues, if properly worked out, would come down to Rs 1,66,16,726, which the petitioners are agreeable to pay.

  • TDSAT directs Zeel to sign RIO based interconnect pacts with five MSOs

    TDSAT directs Zeel to sign RIO based interconnect pacts with five MSOs

    NEW DELHI: Five multi-system operators have been asked by the Telecom Disputes Settlement and Appellate Tribunal to pay Zee Entertainment Enterprise Ltd (Zeel) a sum of Rs 3 crore to enable the signing of an RIO based interconnect agreement.

    Chairman Aftab Alam and member B B Srivastava said the agreement would be from 19 May, the date from which the petitioners are operating on that basis.

    Listing the matter to come up on 16 August, the tribunal on 2 June made it clear that both the payment of Rs 3 crores and the direction for execution of the RIO based agreement is without prejudice to the rights and contentions of the parties and will abide by the final result of the petition.

    The petitions were filed by Fastway Transmission Pvt Ltd, Jagsumi Perspectives Pvt Ltd, Novabase Digital Entertainment Pvt. Ltd, and Radiant Digitek Network Pvt. Ltd against a general notice asking all the MSOs who on the date of issuance (11 May) of the fresh RIO by Zee Entertainment did not have a subsisting interconnect agreement with it to execute an agreement based on the RIO. 

    The petitioners were willing to execute an RIO based agreement until the validity and legality of the RIO coming under challenge in this petition and several other petitions on that issue is finally decided by the tribunal.

    But the tribunal said the difficulty was that Zeel said the petitioners owe the sum of Rs 5.4 crores and odd and unless the dues are cleared, it is not inclined even to enter into the RIO based inter connect agreement. But the petitioners say the dues, if properly worked out, would come down to Rs 1,66,16,726, which the petitioners are agreeable to pay.

  • TDSAT to Taj TV: Restore signals to All Digital Network

    TDSAT to Taj TV: Restore signals to All Digital Network

    NEW DELHI: Taj Television India Pvt. Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal to restore the supply of signals to All Digital Network India Ltd with the MSO agreeing it will makes the aggregate payment of five instalments of Rs 86,64,000 each payable by 30 June.

    The supply of signals thus restored, shall continue provided further payments, if any, are made in terms of the schedule, according to the order by chairman Aftab Alam and member B B Srivastava who listed the case for 22 July. The tribunal also recalled its order restraining the petitioner and GTPL from making any withdrawals from their bank accounts.

    Earlier, a payment schedule was submitted before the tribunal on behalf of GTPL which had accepted to pay off the dues of All Digital Network to Taj Television. Under that schedule, five instalments of Rs 86,64,000 each were payable to Taj Television by 30 June with the fourth and fifth instalment falling due on that date.

    But the tribunal was informed on 3 June that neither the GTPL nor All Digital had paid a single instalment under the schedule. Further, it was told that GTPL is also reported to have walked out of the arrangement with All Digital.

    However, All Digital counsel Manikya Khanna told the tribunal that since GTPL was not complying with the commitment given on its behalf, All Digital accepted its liability to pay the dues of Taj TV and it will make payment in terms of the schedule earlier given on behalf of GTPL.

  • TDSAT to Taj TV: Restore signals to All Digital Network

    TDSAT to Taj TV: Restore signals to All Digital Network

    NEW DELHI: Taj Television India Pvt. Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal to restore the supply of signals to All Digital Network India Ltd with the MSO agreeing it will makes the aggregate payment of five instalments of Rs 86,64,000 each payable by 30 June.

    The supply of signals thus restored, shall continue provided further payments, if any, are made in terms of the schedule, according to the order by chairman Aftab Alam and member B B Srivastava who listed the case for 22 July. The tribunal also recalled its order restraining the petitioner and GTPL from making any withdrawals from their bank accounts.

    Earlier, a payment schedule was submitted before the tribunal on behalf of GTPL which had accepted to pay off the dues of All Digital Network to Taj Television. Under that schedule, five instalments of Rs 86,64,000 each were payable to Taj Television by 30 June with the fourth and fifth instalment falling due on that date.

    But the tribunal was informed on 3 June that neither the GTPL nor All Digital had paid a single instalment under the schedule. Further, it was told that GTPL is also reported to have walked out of the arrangement with All Digital.

    However, All Digital counsel Manikya Khanna told the tribunal that since GTPL was not complying with the commitment given on its behalf, All Digital accepted its liability to pay the dues of Taj TV and it will make payment in terms of the schedule earlier given on behalf of GTPL.

  • TDSAT recalls order asking Taj TV to continue signals to UCN Cable

    TDSAT recalls order asking Taj TV to continue signals to UCN Cable

    NEW DEHI: The Telecom Disputes Settlement and Appellate Tribunal has recalled its order of 9 June last year asking Taj Television to continue its signals to UCN Cable Networks Pvt Ltd holding the “view that the petitioner no longer deserves any indulgence by the Tribunal.”

    While passing its interim order last year, the Tribunal had said the multi-satellite operator should deposit a sum of Rs. 1.5 crore within a week and another sum of Rs. 1.5 crorewithin four weeks from the date of the first payment.

    However, the Tribunal in its order on 3 June noted that Taj TV counsel Tejveer Singh Bhatia had now said that the outstanding dues against the MSO now stood at Rs 4.5 crores.

    Noting that no one had appeared for the MSO, the Tribunal also observed the matter had been referred to the Mediation Centre where also “there was no regular appearance on behalf of the petitioner.”

    The Tribnal listed the matter for 28 July but said “In case no one appears for the petitioner on the next date, the petition may be dismissed for non–prosecution without prejudice to any claim of the respondent.”

    The petition by UCN Cable had been filed last year against the disconnection notices but according to the notices by Taj TV, the dues against UCN Cable for DAS and non-DAS areas amounted to Rs 4,40,36,870 as on 20 April 2015. In pursuance of the notices, the respondent had disconnected the supply of its signals to the petitioner on 27 May 2015.

    UCN Cable had also been asked in June last year to pay to Taj TV monthly subscription fees according to the invoices raised by Taj TV and told that in case of default in payment of the installments and / or monthly subscription fees as per the invoices of Taj TV, it will be open to the broadcaster to disconnect the supply of its signals without any further orders from the Tribunal.

    As per information provided on Taj Television’s website, the company distributes a suite of 49 leading television channels belonging to ZEEL, Zee Media Corporation Limited and Turner International India Private Limited.

  • TDSAT recalls order asking Taj TV to continue signals to UCN Cable

    TDSAT recalls order asking Taj TV to continue signals to UCN Cable

    NEW DEHI: The Telecom Disputes Settlement and Appellate Tribunal has recalled its order of 9 June last year asking Taj Television to continue its signals to UCN Cable Networks Pvt Ltd holding the “view that the petitioner no longer deserves any indulgence by the Tribunal.”

    While passing its interim order last year, the Tribunal had said the multi-satellite operator should deposit a sum of Rs. 1.5 crore within a week and another sum of Rs. 1.5 crorewithin four weeks from the date of the first payment.

    However, the Tribunal in its order on 3 June noted that Taj TV counsel Tejveer Singh Bhatia had now said that the outstanding dues against the MSO now stood at Rs 4.5 crores.

    Noting that no one had appeared for the MSO, the Tribunal also observed the matter had been referred to the Mediation Centre where also “there was no regular appearance on behalf of the petitioner.”

    The Tribnal listed the matter for 28 July but said “In case no one appears for the petitioner on the next date, the petition may be dismissed for non–prosecution without prejudice to any claim of the respondent.”

    The petition by UCN Cable had been filed last year against the disconnection notices but according to the notices by Taj TV, the dues against UCN Cable for DAS and non-DAS areas amounted to Rs 4,40,36,870 as on 20 April 2015. In pursuance of the notices, the respondent had disconnected the supply of its signals to the petitioner on 27 May 2015.

    UCN Cable had also been asked in June last year to pay to Taj TV monthly subscription fees according to the invoices raised by Taj TV and told that in case of default in payment of the installments and / or monthly subscription fees as per the invoices of Taj TV, it will be open to the broadcaster to disconnect the supply of its signals without any further orders from the Tribunal.

    As per information provided on Taj Television’s website, the company distributes a suite of 49 leading television channels belonging to ZEEL, Zee Media Corporation Limited and Turner International India Private Limited.

  • TRAI extends time for interconnect agreement reactions

    TRAI extends time for interconnect agreement reactions

    NEW DELHI: Several stakeholders have complained to the Telecom Regulatory Authority of India that most consumers are not even aware of the rates of various television channels and so the local cable operators were at the receiving end as they had to deal with the viewers.

    At an Open House discussion on the interconnection network for broadcasting TV Services distributed through addressable systems most stakeholders comprosing local cable operators and multi system operators raised issues that they said needed greater introspection. Cable Operators President of India President Roop Sharma said there was shortage of set top boxes and the consumer was not aware of what STB he should acquire.

    K K Sharma who edits Cable Quest said that no attention had been paid to the entry of OTT and the cross ownership that has come with this new phenomenon. The agreement has to be clear on this issue.

    Later, TRAI extended the date by one week to 10 June for comments on its consultation paper on
    Interconnect agreements for DAS areas. The date for counter-comments will remain the same – 17 June.

    TRAI had asked stakeholders to give suggestions on how a level playing can be created among different service providers using different addressable systems.

    It wanted to know whether there should be a common interconnection regulatory framework be mandated for all types of addressable systems.

    In the Consultation Paper issued on 4 May, it asked if there is any need to allow agreements based on mutually agreed terms, which donot form part of RIO, in digital addressable systems where calculation of fee can be based on subscription numbers. .

    The Paper has been issued not merely because the country is marching towards the last phase of DAS, but also in view of several judgments of the Telecom Disputes Settlement and Appellate Tribunal where it has disallowed payments in the absence of agreements despite mutual oral agreements.

    TRAI wants to know how the interconnection agreements entered on mutually agreed terms meet the requirement of providing a levelplaying field amongst service providers can be ensured, and the ways for effectively implementing non-discrimination on ground.

  • TRAI extends time for interconnect agreement reactions

    TRAI extends time for interconnect agreement reactions

    NEW DELHI: Several stakeholders have complained to the Telecom Regulatory Authority of India that most consumers are not even aware of the rates of various television channels and so the local cable operators were at the receiving end as they had to deal with the viewers.

    At an Open House discussion on the interconnection network for broadcasting TV Services distributed through addressable systems most stakeholders comprosing local cable operators and multi system operators raised issues that they said needed greater introspection. Cable Operators President of India President Roop Sharma said there was shortage of set top boxes and the consumer was not aware of what STB he should acquire.

    K K Sharma who edits Cable Quest said that no attention had been paid to the entry of OTT and the cross ownership that has come with this new phenomenon. The agreement has to be clear on this issue.

    Later, TRAI extended the date by one week to 10 June for comments on its consultation paper on
    Interconnect agreements for DAS areas. The date for counter-comments will remain the same – 17 June.

    TRAI had asked stakeholders to give suggestions on how a level playing can be created among different service providers using different addressable systems.

    It wanted to know whether there should be a common interconnection regulatory framework be mandated for all types of addressable systems.

    In the Consultation Paper issued on 4 May, it asked if there is any need to allow agreements based on mutually agreed terms, which donot form part of RIO, in digital addressable systems where calculation of fee can be based on subscription numbers. .

    The Paper has been issued not merely because the country is marching towards the last phase of DAS, but also in view of several judgments of the Telecom Disputes Settlement and Appellate Tribunal where it has disallowed payments in the absence of agreements despite mutual oral agreements.

    TRAI wants to know how the interconnection agreements entered on mutually agreed terms meet the requirement of providing a levelplaying field amongst service providers can be ensured, and the ways for effectively implementing non-discrimination on ground.

  • MIB’s clearance of 21 more TV channels takes tally to 890

    MIB’s clearance of 21 more TV channels takes tally to 890

    New Delhi: With clearance to twenty-one more private satellite television channels in the past two months, the total number has risen to 890 of which news and current affairs channels number 401.

    The Information and Broadcasting Ministry has said it had given permission to 1028 channels but later cancelled permission to 138.

    With five more channels getting permission in May, the number of general entertainment channels is 489 as on 31 May.

    Twenty channels including seven news channels have been permitted to uplink from India but not downlink within the country and there has been no change in this category.

    A total of 774 channels including 395 GECs are allowed to uplink and downlink in the country while 96 including 81 GECs are uplinked from overseas but allowed to downlink into TV homes in the country.

    After 31 March, the news channels cleared are: News18 Goa, News18 Tamil Nadu, News18 Kerala, News18 Punjab, News18 J&K and News18 Assam/North East of the TV18 Broadcast Ltd; and ETV HD of Eenadu TV Pvt Ltd.

    The Non-News channels cleared are & Youth HD and & Music from the Zee Group; Nationcast, NXT, ZAP, Powerplay and UPLEX from Viacom 18; DHAMMAL GUJJUU of Sab Global Entertainment Pvt Ltd; SIX 2 of Multi Screen Media Pvt Ltd,; Goodness TV of Goodnews Channel Pvt. Ltd; MK Tunes and MK Six of Madurai Krishan Network Pvt. Ltd; Sai Sabha of Sai Babha Network Pvt. Ltd; and Shubh Cinema of Shubh Media Pvt. Ltd

    The Information and Broadcasting Ministry site (mib.nic.in) also contains the full details of the owners of these channels, the languages in which they will beam, and the date on which the clearance came. However, there are no details of channels denied permission.