ITV

Category: Regulators

  • Uniform licence fee of 8% of Adjusted Gross Revenue to be applicable for all ISPs

    Uniform licence fee of 8% of Adjusted Gross Revenue to be applicable for all ISPs

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) has said a uniform licence fee of 8 per cent of the Adjusted Gross Revenue will be applicable for holders of all Internet Service Provider (ISP) license.

     

     

    The revenue for the purpose of licence fee for ISP licences shall include all types of revenue from internet services, allowing only those deductions available for pass through charges and taxes/levies as in the case of access services, without any set-off for expenses. Revenues from internet services shall also be included in the definition of AGR.

     

     

    The recommendations came by way of “Definition of Adjusted Gross Revenue (AGR) in Licence Agreements for provision of Internet Services and minimum presumptive AGR”.

     

     

    The Regulator said minimum presumptive AGR for the purpose of licence fee shall be applicable on the existing ISPs holding the BWA spectrum as applicable to the licensees who obtained access spectrum through competitive bidding.

     

     

    For the existing ISPs who are holding BWA spectrum from the 2010 auction, the value of presumptive AGR shall be equal to 5 per cent of sum of the total bid amount by the licensee for the respective service area, as applicable to the licensees who obtained spectrum in the auctions conducted in November 2012 and March 2013.

     

     

    The Department of Telecommunication had in a letter on 22 October 2012 sought TRAI’s recommendations on (i) the definition of AGR in the ISP License Agreements for provision of Internet Services granted the 1998, 2002 and 2007 guidelines, (ii) the applicability of minimum presumptive AGR and value, if applicable, for BWA Spectrum holders under internet service and (iii) the amendment in the “Format of Statement of Revenue and Licence Fee” to be reported by various categories of Internet Service Licensees.

     

     

    TRAI had thereafter issued a consultation paper on 28 December 2012 seeking the views of stakeholders on the above issues. The written comments received were placed on TRAI’s website www.trai.gov.in. An open house discussion was conducted by TRAI in New Delhi on 21 February 2013.

     

     

    The recommendations have been issued after considering the comments received from the stakeholders and further analyzing the various related aspects. Full details are available on the TRAI website.

  • Govt cannot deny permission for de-endorsing any channel: TDSAT

    Govt cannot deny permission for de-endorsing any channel: TDSAT

    NEW DELHI: The information and broadcasting ministry (I&B) was directed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to de-endorse the SK TV channel of Sindhi Kachchhi Entertainment Corporation from the list of channels permitted to be up-linked by the Noida Software Technology Park through its teleport using INSAT 4A satellite with immediate effect.

     

    Noting that the government has itself admitted that it has no role to play with regard to agreements between teleports and television channels, chairman justice Aftab Alam and member Kuldep Singh said “we are unable to appreciate the submissions made by the ministry that it is waiting to receive ‘no objection’ from Sindhi Kachchhi Entertainment Corporation as well as the claim regarding excess payment made by the channel to NSTPL.”

     

    The judgment written by Singh also said the Ministry “can also not delay the permission to NSTPL just because the guidelines do not contain specific provision in this regard and the policy is under process of being framed.”

     

    The tribunal noted that Sindhi Kachchhi Entertainment Corporation has not appeared before the tribunal in spite of notice and from its letters, “it is evident that it has accepted the position of suspension of uplinking of its channel by the petitioner and it is in search of an alternative for the same.”

     

    The Tribunal also said the cost of litigation amounting to Rs 25,000 would be paid to NSTPL.

     

    NSTPL manages JAINHITS, the only head-end in the sky platform at present licensed by the government.  It is engaged in the business of providing up-linking facility and transponder service to the broadcasters and has been granted a license on 24 January 2003 under Section 4 of the Indian Telegraph Act 1885 to establish, maintain and operate the up-inking hub (teleport). It has also obtained license from WPC (Wireless Planning & Coordination), Department of Telecommunications. It is operating the teleport as permitted in the letter of the Ministry dated 27 January 2003.

     

    The tribunal noted that the teleport is a satellite ground station that functions as a hub connecting a satellite in a geo-stationary orbit with terrestrial communication network. Teleports are used to provide various broadcasting as well as telecommunication services. In the case of the petitioner, the license granted to it is for up-linking the approved television channels using C-Band. The hub is to be used for up linking TV channels only and not for any other mode of communication.

     

    While NSTPL and Sindhi Kachchhi Entertainment Corporation had entered into an agreement in September 2010 and NSTPL received the requisite permission from the ministry with regard to SK TV.  NSTPL had contended that the channel defaulted in its payments amounting to Rs 31,66,395. The NSTPL then terminated the agreement and approached the Ministry in July last year seeking de-endorsement of the said channel from the list of channels permitted to be uplinked by JAINHITS.

     

    NSTPL filed the petition in January this year after it failed to get a suitable reply from the ministry which told the tribunal that this was a matter between the two parties, and that the channel had written to the ministry in September 2013 that it had made excess payment. It also said when the ministry receives requests for de-endorsement, then it awaits a no-objection from the channel.

     

    The channel had also written to the ministry that since NSTPL was not having transparent business dealing, it has under force majeure clause accepted suspension of its service and was in search of other teleport or DTH operator for transmission of its channel. 

  • Celebrities should not endorse junk food say government guidelines

    Celebrities should not endorse junk food say government guidelines

    NEW DELHI: The Food Safety and Standards Authority of India (FSSAI) has called for strict control on promotions and advertisements that are designed and targeted to children and adolescents across all media.

     

    In guidelines prepared recently with regard to junk food, the FSSAI has also made strong recommendations against celebrity endorsement of such foods.

     

    Consequently, Chief Justice Gorla Rohini and Justice Pradeep Nandrajog in the Delhi High Court have asked amicus curiae N K Kaul to file a detailed response within three weeks segregating what out of the submitted guidelines is enforceable and what is suggestive. The court also stressed on the need to specify the junk food items that should be regulated in schools. The court has now fixed the matter for 6 August.

     

    Criticising the Guidelines which it claims have been ‘diluted’ at the instance of the food industry, the Centre for Science and Environment has said that the a provision put initially in the Guidelines that establishes the need for mandatory self regulation of advertisements has been removed.

     

    Uday Foundation, a Delhi-based non-profit NGO filed a Public Interest Litigation (PIL) in 2010 seeking a ban on junk food sold in schools and around them, regulation of junk food promotion and advertisement, and development of a school canteen policy. In response to this, the court had asked the FSSAI to set guidelines, which were framed recently. The FSSAI submitted these guidelines to the court for “making available quality and safe foods in schools”.

     

    The guidelines were developed by an expert group set up by the FSSAI following directions of the court in September 2013.

  • Only 56.8 % of registered subscribers on private DTH active by Dec 2013: TRAI

    Only 56.8 % of registered subscribers on private DTH active by Dec 2013: TRAI

    NEW DELHI: Only 35.81 million subscribers of the six private direct-to-home (DTH) service providers are active out of a total 62.97 million registered subscribers, working out to around 56.87 per cent. The private DTH players include: Tata Sky, Dish TV, Airtel Digital TV, Reliance Big TV, Sun Direct and Videocon d2h.

     

    According to the Indian Telecom Services Performance Indicator Report of the Telecom Regulatory Authority of India (TRAI) for the quarter ending December 2013, a total of 782 private television channels and a total of 242 private FM radio channels were registered with the Information and Broadcasting Ministry (I&B).

     

    This is apart from the FM radio and TV channels operated by Prasar Bharati. Doordarshan has 37 channels including DD Bharati and DD National besides four allied channels like Lok Sabha and Rajya Sabha TV, Prasar Bharati sources told indiantelevision.com. 

     

    AIR network has grown up to 299 stations and 461 transmitters (146 MW, 48 SW & 267 FM) which provide coverage to about 99.19 per cent of the country’s population spread over 91.87 per cent area of the country, these sources said.

     

    There are a total of 187 pay channels, as reported by the broadcasters/ distributors for which the rates have been taken on records at the QE December 2013.

     

    The report says the maximum number of TV channels (Pay, Free to Air and Local) being carried by any of the reported MSOs in digital form is 231, while that carried by any of the reported MSOs in the conventional analogue form is 100 channels.

     

    The report showed that of the total 238.71 million internet subscribers, broadband subscribers totaled 55.2 million and narrow band subscribers totaled 183.51 million.

     

    Of these, only 18.33 million were wired internet subscribers while 220.38 were wireless internet subscribers.  

     

    The study also shows that 92.13 per cent of the wireless internet subscribers were on mobile, while just 0.19 per cent were on fixed wireless mode. A total of 7.68 per cent of the internet subscribers were on wired mode.

     

    Meanwhile, the number of news and non-news channels has almost become equal with the government recently revealing it has so far given permission to a total of 786 television channels in the country.

     

    According to the statistics revealed by the I&B Ministry earlier this year, the number of news and current affairs channels is 389 while the number of non-news (general entertainment channels) is 397.

     

    Of the total, 664 TV channels including 369 news channels have been given permission to uplink and downlink from within the country.

     

    A total of 31 channels including 27 GECs are allowed to uplink from India but not downlink – thus they are aimed at other countries.

     

    A total of 91 channels uplinked from overseas are allowed to downlink into the country. These include 75 GECs.

  • I&B to conduct review meetings of 65 teleports in May

    I&B to conduct review meetings of 65 teleports in May

    NEW DELHI: The government has decided to hold review meetings of all permitted teleport operators who have been divided in batches over three days to meet different officials of the Information and Broadcasting Ministry (I&B) on 1, 2 and 5 May.

     

    24 teleport operators have been summoned on 1 May, while another 24 will be meeting the designated officials on 2 May and 17 will meet the officials on 5 May.  

     

    The details of those who have been summoned and the officials they will meet in the I&B are available on the Ministry’s website mib.nic.in.

     

    The operators have been asked to bring details to establish continued eligibility of teleport operators. Apart from the list of TV channels uplinked from their port, each of the operators have to bring recent photograph of the facility/teleport; recent photographs of the present directors on the board of the company, key executive of the company along with the details of directors/key executives in the format given on the website.

     

    This should contain the name of the director/key executives with date of appointment and date of Ministry approval among other personal details. In addition, details have to be submitted about audited balance sheet of the company for the financial year 2012-13 or the latest; net worth certificate from the statutory auditor of the company; latest shareholding pattern of the company and details of foreign investment in the company; operational status of the teleport – WPC validity and NOCC Certificate; and any other submission the company may wish to make as relevant to the permission granted by this Ministry including details regarding non-operational status etc.

     

    They will be required to bring the latest report of the teleport duly filled in the prescribed format with details of the TV channels being uplinked, current operational status, details of Teleport NOCC Reference and date and name of the company to whom TV channels are permitted; and STV license number along with validity. 

  • Action against GECs almost three times more than against news channels

    Action against GECs almost three times more than against news channels

    NEW DELHI: Action was taken by the Information and Broadcasting Ministry (I&B) 74 times against different television channels in the three years between April 2011 and March 2014.

     

    Of these, action mostly in the form of advisories was taken suo moto by the I&B Ministry 12 times – seven against general entertainment channels and five against news channels.   

     

    Of the balance 62 cases, there were reports of violation by GECs 46 times and news channels 16 times.

     

    In 16 cases, channels had to stop transmission for varying periods, while other punishments were either warnings or directives to run apology scrolls. 

     

    There were only six cases relating to advertisements, four of them about deodorants and two about liquor. 

     

    There is only one case where a channel was prohibited from telecasting a certain film in day-time following a Court order.

     

    The rest of the cases were about telecast of adult certified films before 11.00 pm or in day-time, screening films without showing the certificate of the Central Board of Film Certification, obscene or vulgar content, scenes denigrating children or likely to affect them, revealing identity of sexually abused women or children, inflammatory or provocative matter, scenes that showed the lower castes or dalits in a bad light, and scenes promoting superstition or blind belief.

     

    Individually, action was initiated against Bindass five times and three times each against Sony Entertainment Television, Colors, and Manoranjan TV. Action was initiated twice in the case of Channel V, SS TV, FTV and Comedy Central. 40 other channels faced action only once each.

     

    The advisories from the Ministry related to guidelines relating to taking children in TV programmes or hiding identity of trauma-affected children, telecast of quiz-based programmes, against programmes promoting superstition and blind belief, news about movement of troops, showing as news scenes from uncertified films, barring telecast of a round-the-clock public demonstration, comparison of prime minister’s speech on Independence Day with that of other leaders, and live telecast of Republic Day parade from Doordarshan with sign language interpretation.

  • I&B proposes weekly MSO meetings to sort out problems of registration

    I&B proposes weekly MSO meetings to sort out problems of registration

    NEW DELHI: A meeting of representatives of all multi-system operators (MSOs) with senior officials of the Information and Broadcasting Ministry (I&B) will be held every Tuesday commencing 6 May.

     

    The Ministry has said these Open House Meetings (OHM) with Director (BP&L) in Room No.662 in the Ministry’s office will be conducted between 11 am and noon.

     

    The main objective of these meetings will be to bring transparency and accountability in the MSO registration process; provide a forum for applicant MSOs to track status of their applications in the Ministry; and clarify MSO application process to prospective applicants.

     

    The meetings are open to those applicants/MSOs who have already applied for MSO registration with the Ministry and those applicants/MSOs who wish to apply for MSO.

     

    Only authorized representative of the MSOs will be allowed to participate in the OHM

     

    Those wishing to participate should call or send an email on Mondays between 10.00 am to 3.00 pm to Under Secretary (DAS) Sonika Khattar at 011-23387774 or s.khattar@nic.in.

  • Govt. finally calls for bids for e-auctioneers for third phase of FM Radio

    Govt. finally calls for bids for e-auctioneers for third phase of FM Radio

    NEW DELHI: After several months of delay, the government has finally invited Request for Proposal (RFP) for selection of agency for conducting e-auction of FM channels in FM Radio phase-III for 839 channels in 294 cities.

     

    The RFP also indicates that the e-auctions will take place after June this year – that is, when the new government is in place after the ongoing Lok Sabha elections.

     

    The bidders have been invited in two parts: technical and financial. The proforma detailing requirements has been placed on the website of the Information and Broadcasting Ministry (mib.nic.in) which says that the bids should be submitted by 2.30 pm on 20 June.

     

    The bids should contain both technical and financial bids separately sealed and complete in all respects along with the eligibility criteria format and the power of attorney for the authorized signatory should be submitted in a third sealed cover.

     

    The auctions will be on the basis of the detailed guidelines which had been issued on 25 July 2011.

     

    The bidder will not have any equity directly or indirectly in any FM radio broadcasting company in India. Similarly, any FM radio broadcasting company, and no broadcaster company will have equity directly or indirectly in the bidder. The bidder will not have any commercial dealings with the prospective FM operators. The bidder will be required to disclose any past business deals in the proposal drawing attention to the same. The decision of the Ministry is final in respect of interpretation as to what constitutes the conflicting commercial dealings.

     

    The bidder should be a company registered under the Companies Act, 1956 in India or a foreign company incorporated in a country outside India or a joint venture of such companies or a consortium of such companies having a registered office in India. The bidder will declare its Indian and foreign equity holding (Both direct and indirect). It will have a minimum paid up capital of Rs. 1 crore or equivalent on the date of application. The bidder and its substantial equity holders in the bidder company or the lead partner in case of consortium shall have a combined net worth of at least Rs 5 crore or equivalent. The substantial equity holders shall be those who have at least 10 per cent or more equity stake in the total equity of the bidder company. This information should be duly authenticated under the relevant law.

     

    A consortium will be a group of companies having a lead partner wherein each partner of the consortium is jointly and severally responsible/liable for the bid and the performance of the contract and this liability has been formalised and secured through an MOU approved by the competent authority. An ink signed copy of the MOU by all concerned shall be furnished along with the bid. The bid will be submitted by the lead partner of the consortium as per the guidelines along with a copy of the MOU(s).

     

    The bidder will pay a non-refundable application fee of Rs 50,000 in the form of Demand Draft drawn on any Scheduled Bank payable at Delhi in favour of ‘Pay and Accounts Officer, Ministry of Information and Broadcasting’, New Delhi.

     

    The government has also clarified that for the purpose of this RFP, an FM radio Broadcasting Company is a company pursuing FM broadcasting activity, directly or indirectly, in any form under a license granted by the Ministry.

     

    The bidder who has conducted simultaneous, controlled ascending e-auctions of any commodity or resource would be given preference.

     

    An Earnest Money Deposit (EMD) of Rs10,00,000 in the form of Bank Guarantee issued by a scheduled bank in India according to the given proforma must be submitted along with the proposal. The validity period of the EMD is six months after the completion of finalisation of entity “e-auctioneer” -that is, signing of contract. Proposals not accompanied by EMD shall be considered as non-responsive and summarily rejected. The EMD of the unsuccessful bidders would be returned to them at the earliest after expiry of the final bid validity and latest within one month of signing of the contract with successful bidder.

     

    The work of the selected e-auctioneer will be to conduct the e-auction in as many batches of separate e-auctions as may be decided by the Ministry, and according to the detailed policy guidelines issued by the Ministry on 25 July 2011 for FM radio Phase III, as amended from time to time.

     

    The functions of the selected agency shall be to design, structure and implement the overall process of e-auction on a simultaneous, controlled, ascending basis including the e-aspects with the approval of the government to ensure a transparent and fair auction and selection process with optimum revenue and help in promoting equitable growth of FM radio.

     

    The selected bidder will advise on setting the rules for the bidding process, prepare bid documents for e-auction, develop an optimum auction plan taking into account the availability of FM channels and the competition characteristics, create appropriate market interest and excitement in India , advise on/incorporate on the safeguards in the-auction system to ensure the security of the entire process,  document the entire process of e-auction of FM radio channels, provide all the incidental services till the completion of the process and selection of the successful bidder(s).

     

    The bidder and all its substantial equity holders, consortium and all its members would be jointly and severally responsible for conducting e-auction as per scope of the signed contract.

     

    The first simultaneous, ascending e-auction of FM channels in selected category of cities(to be decided by the Ministry)will be conducted by the selected auctioneer according to the time frame decided by the Ministry at the time of signing the contract.

     

    Thereafter, auctions would be conducted from time to time within a period of one year which may be further extended by 6 months according to the decision of the Ministry. The auctioneer and its joint venture partner(s) in case of consortium shall not subcontract any or part of activities under the contract for conduct of the e-auction.

     

    The bid will be evaluated in three stages – eligibility, technical and financial. The bid therefore, will comprise of a covering letter in duplicate detailing the eligibility criteria along with supporting documents, application fee and EMD, technical bid in duplicate sealed in a separate envelope and complete in all respects with supporting documents and clearly marked as “Technically Bid” on the envelope, financial bid in duplicate sealed in a separate envelope and complete in all respects and clearly marked as “Financial Bid” on the envelope, power of attorney by resolution of Board of Directors that the person signing the application is authorised signatory for the company.

     

    All the above four documents shall be kept in a sealed cover and clearly marked “Bid for Selection as Agency for e-auction of FM Radio channels under FM Radio Phase-III”.

     

    The selection of the bidder(s) will be based on technical and financial evaluation of the bid. The evaluation will be in two stages i.e. technical and financial. All applicants that meet the eligibility

    criteria will have to make a presentation before the evaluation committee constituted by the Government of India, clearly demonstrating their experience and capacity to conduct the auction.

     

    After the presentation, the technical bids of the eligible bidders shall be opened before the bidders or their authorised representative. Financial bid(s) shall be opened for only those bidders who are shortlisted after the evaluation of technical bids. Only bidders shortlisted on the basis of technical evaluation will be invited to send their representatives for the opening of the financial bid.

     

    The parameter weightage will be: total value of e-auction conducted in the last three years 20 per cent; total number of e-auctions conducted in the last three years 10 per cent; total value of broadcast related e-auctions in the last three years 10 per cent; E-security aspects in design and conduct of the auction 20 per cent; E Ownership of domain and e-auction related software 20 per cent; and Design of auction process and development of bid documents 20 per cent.

     

    Only those bidders scoring overall 70 per cent and above on the criteria will be declared technically qualified and their financial bids will be opened. The final selection will be done based only on financial bids of those bidders who will be technically qualified.

     

    In situations where lowest quoted rate of two or more technically qualified bidders are the same, the bidders shall be called upon to offer discount on the quoted rates across the table in order to decide the lowest quoted rate.

     

    Bids must remain valid for 150 days after the submission date. Should the need arise, however, bidders may be requested to extend the validity period of their bids. Bidders who agree to such extension shall confirm that their financial bid remains unchanged.

     

    Payment shall be made for the actual auction conducted, and the bidder shall be paid a fee determined according to the RFP. No payment shall be made for any other charge or expenditure.

     

    In case the Ministry identifies more number of FM Radio channels at any stage before, during or after the e-auction process, the government may ask the successful bidder (auctioneer) to again conduct the e-auction for such FM channels within the currency of the contract. This will be construed as new auction and the successful bidder shall be paid according to the set method.

     

    A lumpsum drop dead fee of Rs10 lakh will be paid to the successful bidder (auctioneer) in case the government abandons entire e-auction at any stage after award of the contract to the auctioneer in all cities. The word abandon means calling off of the auction process, for no fault of the auctioneer, after the agreement with the e-auctioneer is signed and before actual conduct of the auction. Once the e-auction starts, the lumpsum fee quoted by the e-auctioneer would be paid as per the terms of the agreement with the e-auctioneer, if the e-auction is called off for no fault of the e-auctioneer.

     

    The Ministry reserves the right to accept or reject any bid without assigning any reason. It reserves the right to modify terms and conditions of the contract which shall be granted to the successful bidder after the bidding process, if in its opinion it is necessary or expedient to do so in public interest or interest of the security of the state or for proper conduct of the e-auction. The decision of the Ministry shall be final and binding in this regard.

     

    The Ministry reserves the right to suspend the e-auction, cancel the contract with the selected party in part or in whole, at any time if in its opinion it is necessary or expedient in the public interest. The decision of the Ministry shall be final and binding in this regard, it will not be responsible for any damage or loss caused or arisen out of aforesaid action.

     

    Details are also available in different annexures available onmib.nic.in. 

  • Broadcaster cannot direct service providers on minimum period of telecast: TDSAT

    Broadcaster cannot direct service providers on minimum period of telecast: TDSAT

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has said that a broadcaster cannot insist that the service provider must prescribe a minimum subscription period of three months.

     

     In a judgment that may have far-reaching consequences, TDSAT however interpreted the Tariff Order of the Telecom Regulatory Authority of India (TRAI) to mean that the service provider may prescribe a maximum of three months as the minimum period of subscription to its subscribers subscribing to a-la-carte channels.

     

    Allowing the petition by Dish TV against ESPN Software India, chairman justice Aftab Alab and member Kuldeep Singh said clause 5.2 of the Reference Interconnect Offer (RIO) offered by ESPN to Dish TV as well as clause 4.6 is not in conformity with the regulations. The bench also directed that a copy of the judgment be supplied to TRAI.

     

     Accordingly, the bench in the judgment written by Singh said clause 5.6 of RIO shall be modified accordingly. Similarly, clause 8.2 of the RIO shall be modified to make the reporting requirement in conformity with the RIO published by respondent on its website.

     

     Referring to charges by ESPN that Dish TV only beamed matches for any month or part thereof when ESPN’s channel is showing cricket matches in which Indian team is participating and the same is activated as part of the ‘India Cricket Package,’ the calculation of subscribers of such a channel shall be based on the total number of subscribers subscribing to all such bouquets that offer “ICP” for the whole month irrespective of the fact when the channel is activated or de-activated.

     

     The number of subscribers of the respondent’s such channel that is shown as part of ICP shall be calculated on a calendar month basis as all the subscribers subscribing to such bouquets which contain the ICP for all such months or part thereof during which the channel is activated.

     

     The Tribunal said the interest of justice will be served if it is directed that for any month or part thereof when ESPN’s channel is showing cricket matches in which Indian team is participating and the same is activated as part of the ICP, the calculation of subscribers of such a channel shall be based on the total number of subscribers subscribing to all such bouquets that offer “ICP” for the whole month irrespective of the fact when the channel is activated or de-activated. The calculation will be on the calendar month basis and if the matches being played on the channel, due to which the channel is activated as part of ICP, spill over to the next calendar month, the subscribers will be counted for both the months.

     

     The Tribunal directed the parties to enter into the agreement based on the modified RIO within a period of two weeks.

     

    In terms of the Tribunal’s order dated 10 April 2012 in Petition No.382(c) of 2011 filed by ESPN, the petitioner was entitled to the restitution of the amount which was paid to the respondent for the months of September 2011 onwards. The parties shall reconcile their accounts by taking the number of subscribers as calculated in accordance the directions of the Tribunal with regard to subscribers. The respondent, if it so desires, may carry out an audit of the petitioner’s SMS and the petitioner shall fully cooperate with the respondent for the same. The audit and reconciliation of accounts shall be completed within four weeks and the past accounts settled within four weeks thereafter.

     

    It said the Tariff Order was clear that the subscribers referred to in clause 6 are the end users and not the distributor of signals and the sub-clause (ii) applies to the distributor of the signals who can specify the minimum subscription period not exceeding three months to their subscribers for a-la-carte channels. Thus, the Tribunal said that this clause did not give ESPN the right to prescribe the minimum period of three months in their RIO.  

     

     According to the ESPN, Dish TV had formulated one ‘India Cricket Pack’ which is a hybrid pack. This pack has been provided in such a way that subscribers opting for that pack get sports channels for the period of special sports events and where India is playing on one side. It will be available for the period of 5 to 10 days and whenever the match is complete, the channel will get disconnected. According to the respondent such practice is causing huge loss to it as the subscribers getting such facility will not be recorded and reported to the respondent.

  • BECIL to conduct audit of status of IndiaCast channels on Dish TV

    BECIL to conduct audit of status of IndiaCast channels on Dish TV

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) today directed an independent audit by BECIL of the package of IndiaCast UTV Media Distribution, being carried by Dish TV to ascertain the number of channels being offered to consumers who opted for them.

     

    Meanwhile, chairman justice Aftab Alam and member Kuldeep Singh directed Dish TV to furnish a bank guarantee of Rs 15 crore to be submitted within 10 days. The case will now be heard on 15 July.

     

    The petitions by both sides came up today in the context of the earlier order of 19 December 2013, wherein Dish TV had committed that from January 2014, “it shall take all the 22 channels of the petitioner (with regard to which the fixed deal agreement comes to an end on 31.12.2013) out of its packages and put them on a-la-carte basis on its platform. In respect of the remaining 16 channels likewise, the respondent shall put them on a-la-carte basis on its platform, with effect from 1 April 2014 on expiry of the fixed deal agreement on 31 March 2014. No legal objection can be taken to the arrangement proposed to be made by the respondent.”

     

    Dish TV had then stated that “a scroll running on the TV screens will only say that after 31 December 2013 the 22 channels of the petitioner shall be available only on a-la-carte basis and invite anyone who want to subscribe to any of those channels on a-la-carte basis, to communicate on the SMS number mentioned in that scroll.”

     

    The dispute before the Tribunal related the number of people who had opted according to the scroll run by Dish TV and whether payment was made in that regard.