ITV

Category: TDSAT

  • TDSAT directs MSM Media Distribution to restore signals to Shiv Cable

    TDSAT directs MSM Media Distribution to restore signals to Shiv Cable

    NEW DELHI: MSM Media Distribution Pvt Ltd has been asked to restore the signals to Shiv Cable Network on payment of Rs 2 lakh on an account basis. 

     

    Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) listed the case for 23 November and said in its order that the parties will make reconciliation of their accounts in order to ascertain the exact dues of the respondent. The reconciliation of accounts must be completed by 30 October.

     

    The petition by Shiv Cable was filed following the disconnection of supply of signals by the respondent for non-payment of its dues. In the disconnection notice, the dues are shown in the sum of Rs 3.17 lakh. Kunal Tandon on behalf of MSM says the aforesaid amounts are the dues up to 15 September. 

     

    The Tribunal noted that there appears some dispute with regards to the exact dues of the respondent.  

     

    The Tribunal also asked the petitioner to make payment for the month of October 2015 after discounting the period during which the supply of signals was discontinued.

  • Technobile to stop IndiaCast signals in 81 cities

    Technobile to stop IndiaCast signals in 81 cities

    NEW DELHI: Technobile Systems has agreed to stop transmission of signals of IndiaCast Distribution to Gorakhpur, Unnao, Sultanpur, Faizabad and Shuklaganj following an interim report by an Advocate Commissioner appointed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT).

     

    Technobile said it will not transmit IndiaCast signals in any of the 81 cities that are included in the RIO for Gorakhpur until IndiaCast completes its audit of the petitioner’s systems located at various places. 

     

    Technobile counsel J K Mehta said the petitioner will extend full cooperation in the audit of all its systems.

     

    IndiaCast counsel Amit Sibal said his client will complete the audit of the petitioner’s system at all places within 15 days. 

                                           

    The Tribunal noted that the Advocate Commissioner submitted their interim report on 9 October. “Though a brief report, it gives us a complete picture of the way transmission of the respondent’s signals is being made in Gorakhpur and at other places through the petitioner’s network,” said TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava.

  • TDSAT directs Star India not to disconnect Bangalore MSO’s signals if dues received

    TDSAT directs Star India not to disconnect Bangalore MSO’s signals if dues received

    NEW DELHI: Star India has been asked not to disconnect signals to Bangalore multi system operator (MSO) Digi Hanamkonda Network India Ltd if the latter pays a provisional payment of Rs 10.5 lakh within a week as directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAY).

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava “made clear that the payment is purely provisional and on account and the rights and liabilities of the parties  will abide by the final adjudication of the petition.”

     

    The Tribunal also noted that the previous agreement between the parties had expired more than three months ago. 

     

    The MSO was accordingly directed to visit Star India’s Bangalore office in order to execute the renewal of agreement without any further delay, and the matter was put up for hearing by the Tribunal on 30 October.

     

    By an order passed on 10 July, the Tribunal had directed the MSO to pay to Star India Rs 4.7 lakh, which was due admitted by the petitioner itself. Subject to that payment, it was understood that the respondent shall not discontinue the supply of its signals.

     

    During the time the matter has remained pending before the Tribunal, the respondent’s dues against the petitioner have once again accumulated.

     

    According to Star India counsel Saurabh Srivastava, the petitioner is liable to pay to Star a sum of Rs 16.03 lakh as dues upto 31 August.

     

    Diggaj Pathak, counsel appearing for the MSO disputes the amount claimed by the respondent as due. 

     

    The last interconnect agreement between the parties was executed on 31 January. This agreement is for non-DAS areas and the agreement states the number of subscribers for each of its channels and the specific amounts payable by it for those channels.

     

    Pathak however contended that the figures of monthly licence fees mentioned in the agreement were arrived at by factoring in 15 per cent increase in the rates as allowed by the tariff order issued by TRAI, which was set aside by the Tribunal by its judgment and order dated 28 April. 

     

    The petitioner is therefore making payment of the monthly licence fee after taking off 15 per cent from the amounts mentioned in the agreement and according to Pathak, the amount of Rs 16.03 lakh as claimed by Star is the differential amount of 15 per cent.

     

    Pathak also stated that an earlier payment of Rs 3.74 lakh, made by the petitioner was wrongly credited in the account of another entity called Shri Bhadrakali Communications and that amount too should be deducted from the amount of Rs 16.03 lakh as claimed by Star.

     

    The Tribunal felt that the MSO’s claim of deducting of Rs 3.94 lakh from its dues “is rather debatable and we are not fully convinced that the petitioner is entitled to that deduction. Further, we are not satisfied that the amount claimed by Star is not based on the agreement and that it is not payable by the petitioner being the differential amount,” it said.

  • TDSAT directs Tejpur MSO to not stop signals if LCOs make payments

    TDSAT directs Tejpur MSO to not stop signals if LCOs make payments

    NEW DELHI: Tejpur Cable Networks has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) not to disconnect the signals of Mahabhairab Cable Network and over 20 other petitioners provided they make payments as directed by the Tribunal.

     

    The local cable operators (LCOs) were also told that they could not move on to another multi system operator (MSO) without the permission of the Tribunal.

     

    The LCOs were permitted to file the supplementary petition bringing on record certain relevant facts, which though canvassed before the Tribunal, did not form part of the original petition. The supplementary petition may be filed within a week.

     

    Listing the case for 16 November, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said the MSO could file replies to the present petition as also the supplementary petition, if any, within two weeks from the date of receipt of a copy of the supplementary petition.

     

    By way of an interim arrangement, the Tribunal directed Arup Borah to pay to the MSO a sum of Rs. 2.5 lakh. The payment may be made in two instalments. The first instalment amount of Rs 1.5 lakh should be paid by 20 October and the balance Rs 1 lakh by 10 November.

     

    Similarly, petitioners 14, 17, 19, 24 and 25 should pay to the MSO sums of Rs 6100, Rs 3270, Rs 15,000, Rs 1480 and Rs 18,326 respectively by 30 October.

     

    In addition, petitioners no 3 to 25 were directed to pay one-third of the amounts shown as outstanding against them up to September in the chart handed over by MSO counsel Sharath Sampath to the Tribunal. The payment of the one-third due amounts should be made by 10 November.

     

    From October onwards, each of the petitioners shall pay the monthly subscription fees at the rate at which they were paying the monthly subscription in December 2013, before the reduction of 15 per cent of the amount.

     

    All the payments as directed above will be on account basis and will be subject to the rights and liabilities of the parties as may be determined finally.

     

    The Tribunal said it was of the view that there is an urgent need of reconciliation of accounts between the two sides “and the proper reconciliation is likely to resolve the disputes to a very large extent. However, the parties are in so much dispute that reconciliation of account may not be carried out properly by the two sides on their own and it should, therefore, be supervised by a Charted Accountant. “We, accordingly, direct both sides to appear before Mr. Rohit Vasvani, one of the mediators before the Mediation Centre of the Tribunal,” it said.

     

    The parties were directed to appear before him with complete books of accounts and other relevant materials on 28 October. Vasvani has been requested to take up this matter on an urgent basis and to complete the reconciliation within the shortest possible time. He may ask the parties to appear before him in his office. 

     

    Vasvani will be paid honourarium of Rs 50,000 and this amount shall be shared in the following manner:

    Respondent no. 1 – Rs 20,000

    Respondent no. 2 – Rs 20,000

    Petitioner – Rs. 10,000 

  • TDSAT asks Mahua Media for Tata Sky’s payment schedule

    TDSAT asks Mahua Media for Tata Sky’s payment schedule

    NEW DELHI: Mahua Media has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to file the payment schedule in respect of Tata Sky by 14 October.

     

    Listing a batch of petitions by different petitioners including Tata Sky on 26 November, TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava directed Mahua to come with post dated cheques on the next hearing date in favour of all the decree holders in this batch according to the respective payment schedules. 

     

    Mahua had sought an adjournment on the plea that the project for revival of the company had made good progress and it would shortly be in a position to make payments to the decree holders.

     

    The counsel for decree holders agreed for further adjournment but on the specific condition that the respondent should file the payment schedule in respect of Tata Sky and on the next date should come with post dated cheques in respect of all the decree holders.

             

    Apart from Tata Sky, the other petitioners are Den Networks, Wire and Wireless (India) Ltd, Digi Cablecomm Services Pvt. Ltd and Indian Cable Net Company Ltd. 

  • NSTPL application disposed as Govt. cancels tripartite agreements for DTH loan

    NSTPL application disposed as Govt. cancels tripartite agreements for DTH loan

    NEW DELHI: The Noida Software Technology Park Ltd (NSTPL), which is one of the two headend in the sky (HITS) players in the country, today withdrew its petition against the Government on being informed that a provision for tripartite agreement to provide loans to direct to home (DTH) operators had been cancelled.

     

    The note was produced before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) by counsel Sandeep Mahapatra of the Information and Broadcasting Ministry.

     

    According to the note issued by the Ministry, the provision had been made for financial loan or assistance in the DTH sector by assigning licence agreement as security to banks and financial institutions.

     

    This was to be done in the form of a tripartite agreement with the bank or financial institution, the operator and the government.

     

    An order to this effect had been issued by the Ministry on 3 December, 2009.

     

    The order has now come into immediate effect. 

    Tribunal chairman Aftab Alam and members Kuldip Singh and B B Srivastava said that in view of the decision of the government, which was also conveyed to NSTPL, the “application no longer survives and is accordingly disposed of.”

  • TDSAT asks Karnataka LCO body to reconcile disputes with Siti Cable

    TDSAT asks Karnataka LCO body to reconcile disputes with Siti Cable

    NEW DELHI: The Karnataka State Digital Cable TV Operators Welfare Association has been asked to visit the Bangalore offices of Siti Cable Networks to reconcile their accounts and resolve their disputes about quality of set top boxes (STBs).

     

    The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) had asked the parties in August to take their issues before a mediation centre by 30 September. It was informed today that the parties were meeting and discussing the matter bilaterally.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava listed the matter for future hearing on 9 October.

     

    It had also directed the parties in the last hearing that status quo would be maintained till this exercise is completed.

     

    Furthermore, the Tribunal said any one of the two parties were free to mention the matter before the Tribunal in case it is not satisfied with the mediation.

     

    The Karnataka Association claims to represent 269 cable operators and its counsel Nittin Bhatia claimed that the STBs were of very poor quality and was badly affecting the viewing quality of the signals supplied by Siti Cable.

     

    He said that all the cable operators who are part of the petition were willing and prepared to make payment of the monthly subscription fees at the rate of Rs 60 per month. He also stated that the cable operators are willing to have a reconciliation of accounts and if any dues are found against them at the rate of Rs 60 per month, they would clear all the dues without delay. 

     

    Bhatia said all the cable operators who are represented in the petition were willing to introduce package-based transmission as directed by the Telecom Regulatory Authority of India (TRAI), as in that case the cable operators would also be entitled to certain benefits.

     

    Siti Cabe counsel Upender Thakur said there was a dispute as to the number of cable operators involved. He also said large sums are due against the cable operators and  in any event Siti Cable is bound to follow the TRAI’s direction to introduce package-based transmission of channels. 

     

    The Tribunal said the parties should first try to resolve their disputes through mediation. It asked the mediator to try to conclude the matter expeditiously.  

  • TDSAT directs Siti Cable & subsidiaries to unblock signals to 141 Kolkata LCOs

    TDSAT directs Siti Cable & subsidiaries to unblock signals to 141 Kolkata LCOs

    NEW DELHI: Siti Cable and four multi system operators (MSOs) associated with it have been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to unblock the IDs and remove on-screen displays (OSDs), if any are running on the network of any of Kolkata’S 141 cable operators.

     

    The Tribunal also asked the Cable Operators Sangram Association of Kolkata representing the LCOs, Siti Cable, and the four MSOs namely Indian Cable Net Company, Calcutta Communication, Purvi Communication and Purbalaya Communication to maintain status quo both in regard to payment of monthly subscription fees as also supply of signals to the individual LCOs until further orders. 

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava also accepted the plea of the Association to implead the four MSOs in the petition as some LCOs received their Siti Cable signals through these.

     

    Listing the matter for 15 October, the Tribunal noted that the companies “are evidently subsidiaries of the sole respondent, namely Siti Cable Network, but in view of the objection raised on its behalf, it is necessary to bring them on record by having them formally impleaded as party respondents.” 

  • Hitz FM, India FM can migrate to Phase III if govt appeal fails

    Hitz FM, India FM can migrate to Phase III if govt appeal fails

    NEW DELHI: Hitz FM Radio India Pvt. Ltd and India FM Radio India Pvt Ltd were assured today that their applications for migration to Phase III would be considered despite lapse of last date if the appeal filed by the Government in the High Court fails.

     

    The assurance was given before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) by Information and Broadcasting Ministry counsel Rajeev Sharma.

     

    Sharma said the appeal was yet to be given a number and yet to be listed before the Court. 

     

    In their miscellaneous applications, the two radio channels had said that they had so far not been allowed to migrate from Phase I to Phase II, notwithstanding the Tribunal’s judgment  

     

    It is stated that the channels could migrate to Phase III only if they first migrated to Phase II.

     

    However, they said that as the deadline for operators in Phase II for migration to Phase III was ending, they apprehended that they may not be allowed to migrate and as a result, the Tribunal’s judgment may end in frustration.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said, “This fully satisfies the apprehension of the channels.”

  • TDSAT directs Den to clear Star India’s dues by 3 October

    TDSAT directs Den to clear Star India’s dues by 3 October

    NEW DELHI: Den Networks Ltd has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to make full payments to Star India as directed by its order of 14 September.
     

    After hearing counsel for the parties, TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said, “We are once again of the view that in compliance with the previous order, Den is bound to make payment of the invoiced amounts for the months of June and July 2015. In terms of the DAS agreement, which allows the petitioner to make payment within 15 days of the receipt of the invoice, Den must make payment of the invoiced amounts for  the DAS areas by 3 October.”
     

    The Tribunal also directed Den to give SMS reports to Star India for each month as stipulated in the DAS agreement. Den counsel Meet Malhotra assured the Tribunal that this would be done.
              

    Malhotra stated that apart from Rs 15 crore directed by the previous order, Den had made some more payments to Star India.
     

    “Needless to say Star India will verify the payments as claimed to have been made by Den and those payments will naturally be adjusted against the payment for the invoices in question,” TDSAT said.

     
    On 14 September, Den had been directed to make on-account payment of Rs 15 crore by 18 September towards its dues to Star India. Regarding current monthly fees, Den was directed as follows: “Apart from the payment of the back dues, Den will indeed be obliged to make payment of the current dues of license fee on the basis of the invoices raised by Star India.”

    Den made payment of Rs 11.91 crore on 18 September and another payment of Rs 3.09 crore on 21 September and though the payments were not fully in compliance with its order, the Tribunal said, “We consider it a lapse and leave the matter at that.”
     

    As regards payment of the current monthly license fees, on 11 September, Star India issued two invoices; one for the non-DAS areas for the month of September for Rs 4.26 crore and the other for DAS areas (excluding Navi Mumbai) for the months of June and July for the sum of Rs 20.21 crore. According to Den, the two invoices were sent to it through email on 18 September.
     

    The Tribunal rejected Malhotra’s arguments that the invoiced amounts included the increase of 27.5 per cent provided under the TRAI Tariff Order, which was quashed by the Tribunal by Judgment and Order of 28 April. The contention was mainly that since a part of the invoiced amounts is based on increases not sanctioned by law, Den was not liable to make payment of the invoices until reconciliation of accounts underway between the two sides as directed by the Tribunal’s order is completed.
     

    However, the Tribunal made it clear that its rejection of Malhotra’s contention was not final and was subject to the finding arrived at the end of the trial of the matter. 
     

    Meanwhile in another case filed by Mahabhairab Cable Network and other LCOs against Tejpur Cable Networks, the Tribunal said Tejpur will not disconnect the supply of signals to the LCOs. 

    Listing the matter for 5 October, it restrained the LCOs being represented in the petition from taking signals from any MSO other than the respondents.