Category: TDSAT

TDSAT dismisses petition against BARC on landing page issue differing from Delhi HC view

KOLKATA: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has dismissed the petition against TV audience measurement body BARC India on the ground of lack of jurisdiction. Bennett Coleman and Sun TV Network approached the tribunal on the legality, validity of a recent decision taken by BARC on the landing page issue.

The petitioners claimed that BARC India had acted arbitrarily by adopting a formula which according to petitioners reduce the viewership data collected by measurement tools of BARC India. On September 3, the latter announced the introduction of algorithms into its data validation method to mitigate the impact of the landing page on viewership data across all genres of channels.

While the tribunal gave out the final judgement on 4 November, it stated that it found out after both the parties that the main task was to find out whether BARC is a licensor of any ( specified) public telecommunication/broadcasting services; and (ii) whether it is providing a service that is made available to the public as users.

Notably, the petitioners also approached Delhi High Court earlier. TDSAT has differed from the Delhi High Court’s opinion that BARC is a licensee or a service provider under the TRAI Act. “It is noted that in para 34 of its order dared 29.09.2020, the Hon’ble High court clarified that the finding that TDRSAT would have jurisdiction to entertain the petition was a prima facie one and in Para 45 it was further made clear that none of the observation shall bind TDSAT which shall hear the petition filed by the petitioners and any interim application filed therein without being influenced by any of the observations made in the order. Hence, the issue of jurisdiction has been raised afresh and parties have been heard in detail,” TDSAT noted.

TDSAT also stated that since it has been found that BARC is neither a licensee nor a service provider as defined under the TRAI Act, the petitions under consideration are found to be beyond the jurisdiction of its Tribunal. Hence, the petitions have been dismissed on the ground of lack of jurisdiction.

However, the petitioners would be at liberty to pursue their grievances in accordance with law before any court of competent jurisdiction.

November 4, 2020
Final TDSAT order on Raghav Bahl’s plans to launch Bloomberg Quint expected on 9 Dec

MUMBAI: The final TDSAT order on Horizon Satellite Services’ petition, seeking a name change for its TV license to ‘Bloomberg Quint,’ is expected on December 9.

Horizon Satellite Services, that owned licenses of two news and current affairs TV channels, was acquired by Quintillion Business Media Private Ltd (QBM), a joint venture between Raghav Bahl and Bloomberg in a 74:26 partnership. After its acquisition by QBM, Horizon sought a name change of the television license it holds.

Currently, the channel is called "Y TV" and Horizon had made an application to the Ministry of Information and Broadcasting (MIB) to change the name to ‘Bloomberg Quint’.

Horizon has approached TDSAT after its application seeking a name and logo change for its TV license was pending with the MIB for months.

The TDSAT order assumes significance as there have been media reports claiming that Bloomberg is expected to exit the JV and is looking for new partners in India on account of Bahl’s failure to secure a TV license for their planned business channel ‘Bloomberg Quint’. Bahl, however, has called the media reports motivated and blamed it on the ‘competition’.

"Some nonsense has just been published by our competitor who is getting very nervous about our imminent TV launch. Our application is coming up for a final order on Dec 9; and prospective investors are queuing up to invest with us,” Bahl wrote in a letter to the employees.

"They have seen the enormous/pioneering success of our digital franchise, and are rather nervous about how we could disrupt their flagship operation!Also, this is a ham-handed ''get back'' at Bloomberg''s article on N18''s sale to TOI. Keep the faith. BQ shall remain in the race, and WIN," he added.

In the last hearing on November 29, respondent (MIB) requested two weeks’ further time for taking a final decision on the pending application. Horizon opposed the request for more time on the ground their business interests are suffering on account of each day’s delay. Horizon further underlined that the respondent and the concerned authorities should have taken note of the observations in the last order to the effect that TDSAT was “not fully satisfied that the respondent have acted with due expedition”.

“In such circumstances, this Tribunal feels that granting long time would cause further delay. Hence, the time granted earlier, even in the absence of any formal application, is extended by one week from today. It is expected that this time limit shall not be disregarded by the respondent. Post the matter under the same head on 9.12.2019,” TDSAT said in its order.

December 4, 2019
Dish TV pays Star India 2nd instalment towards outstanding arrears

MUMBAI: Dish TV has paid the invoice for the month of September to Star India amid the ongoing payment dispute between the leading direct-to-home (DTH) operator and the broadcaster. Along with the current invoice, the second instalment towards the outstanding arrears has been paid as stated in a daily order of the Telecom Disputes Settlements and Appellate Tribunal (TDSAT) dated 21 November.

Earlier, TDSAT ruled that Dish TV should pay the admitted dues to Star India by the end of November 2019 in three equal instalments by the end of September, October and November 2019.

The latest order says that senior counsel for the DTH platform hinted that the petitioner is entitled to certain incentives in terms of the agreement enunciated and the circular of the respondent dated 27 September. He also submitted that the invoices for the incentives have already been raised and submitted. According to him, an early resolution of the demand for incentive would ease the burden upon them in making further payments.

At the same time, the counsel for Star India submitted that these invoices have been raised simultaneously for several months and, therefore, verification is taking some time. However, he assured that the task shall be completed and a suitable reply will be given to the petitioner informing whatever is found admissible by way of incentives.

Dish TV filed a petition in TDSAT against a disconnection notice issued by star India in July. Star India supplied a chart supplied to the TDSAT explaining Dish TV’s liabilities which mentioned a balance outstanding of Rs 83,70,895 on 22 July in respect of billing till January 2019. The tribunal noted that for the month of February to May 2019, the DTH operator has been billed for a further amount of Rs 284 crore including the earlier outstanding balance. Star India also mentioned that it has not included the interest component.

“Having considered the earlier order and the stand of the parties, we are of the view that in addition to the liability to clear the current invoice as indicated above, the petitioner should liquidate the entire arrears to the extent admitted and already noted by end of November 2019 and for this petitioner shall pay the remaining outstanding dues towards the arrears in three equal instalments by end of September, October and November 2019,” TDSAT had said in its order.

The matter has been posted under the same head to 11 December.

November 25, 2019
TDSAT directs Meghbala to pay Rs 1.6 cr to Star India within 1 week

MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed Meghbala Cable And Broadband Services Pvt Ltd, in an order dated on 2 September, to pay Rs 1.5 crore to Star India within one week. The cable service provider has been instructed to pay the balance amount of the total outstanding due within a period for further two weeks.

Star India issued a notice to Meghbala Cable on 13 August disclosing that the latter is required to clear the outstanding dues upto invoiced amount for June aggregating to Rs 2,62,97,810. According to the notice, the cable service provider was supposed to pay the required amount on 3 September.

Learned counsel for Meghbala Cable has submitted that it has reduced the outstanding dues over a period of three months and hence some more accommodation will enable them to liquidate the entire arrears so that it may start paying the current invoiced amounts in accordance with the agreement and the industrial practice.

“Evidently, the petitioner (Meghbala Cable ) will be liable to pay the invoiced amount even for subsequent months like July and August, 2019 very soon. Therefore, only a limited accommodation can be granted to the petitioner to clear the outstanding dues covered by the notice. For that purpose, we direct that respondent (Star India) shall not give effect to the impugned notice until further orders if the petitioner pays amount of Rs 1.5 crore within one week from today and the balance amount within a period for further two weeks. We trust that petitioner shall make efforts to pay the future invoiced amount within stipulated time,” TDSAT said in an order on 2 September.

September 4, 2019
Independent TV admits total liabilities of Rs 3.65 cr towards Indiacast

MUMBAI: Troubled DTH operator Independent TV has admitted its total liabilities of Rs 3.65 crore towards Indiacast Media Distribution Pvt Ltd, as per a Telecom Disputes Settlement and Appellate Tribunal (TDSAT) order.

“Learned counsel for the petitioner submits that notice has been validly served upon respondent and, therefore, prayer for interim relief may be considered today on the basis of contents of Annexure P-14 which, prima facie, shows that respondent has admitted the total liabilities to Rs 3.65 crore,” TDSAT said in the order.

Prateek Gupta, the advocate on behalf of Independent TV prayed for a short adjournment to seek instructions in respect of interim prayer and to file a reply within two weeks.

TDSAT has allowed the prayer post the matter for next hearing on 16 September. The order also added that Indiacast may file its rejoinder before the next date.

August 29, 2019
IndiaCast Media Distribution issues notice to Independent TV in TDSAT

MUMBAI: Content distribution network IndiaCast Media Distribution has issued a notice to DTH operator Independent TV in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). The tribunal has asked for a reply within two weeks.

The order from TDSAT said if the notices are served, interim prayer may be considered on the next date. The matter has been listed “for directions” on 23 August.

Independent TV’s signals were disconnected in June because of financial issues with Antrix. However, it is scheduled to be re-launched as ITV 2.0 for channel partners in the first week of August and the signals will be restored for customers from 15 August.

August 1, 2019
TDSAT allows news channel Kashish Developers to approach TRAI in Tata Sky target area case

MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has allowed news channel Kashish Developers Ltd to pursue its representation before the Telecom Regulatory Authority of India (TRAI) regarding the target area of direct-to-home (DTH) operator Tata Sky.

While the news channel operating mainly in Bihar and Jharkhand has yet not accepted to sign the RIO agreement with Tata Sky as required under the new regulations of 2017, the tribunal contended that there is no challenge to the regulations or to the RIO. According to TDSAT, the main challenge appears to be the wisdom of the TRAI in giving liberty to DTH operators to declare their target areas.

Earlier, Kashish Developers’s learned counsel argued that the target area for the petitioner’s news channels should confine to Bihar and Jharkhand otherwise it may lose on account of lack of pan-India penetration. On the other hand, Tata Sky’s learned counsel submitted that being a DTH platform it has no option but to treat the target area even in respect of the petitioner’s channel as a pan-India channel.

“In the facts of the case, we are of the considered view that the issues relating to wisdom of the policy can be considered effectively only by the regulator,” the latest order by TDSAT read. Kashish Developers Ltd has already approached TRAI with a representation filed on 29 June.

“In the aforesaid facts, the petition along with pending MAs is disposed of with liberty to the petitioner to pursue its representation. It will also be at liberty to file further representation, if required, with a copy of this order. TRAI is expected to dispose of the representation expeditiously in accordance with law,” the order added.

August 1, 2019
Dish TV pays Star India Rs 55 crore in line with TDSAT order

MUMBAI: Leading direct-to-home (DTH) operator Dish TV paid Star India Rs 55 crore adhering to the Telecom Disputes Settlement and Appellate Tribunal’s (TDSAT) order dated 23 July. The tribunal, in its 29 July order, also noted that Star India has admitted and acknowledged the payment.

TDSAT had earlier directed Dish TV to pay Rs 55 crore to the broadcaster by 27 July in order to avoid disconnection of signals. Star India issued a disconnection notice against Dish TV on 3 July and also filed a recovery petition in the TDSAT.

"We had clearly indicated in the last order that further protection to be given to the petitioner against the notice of disconnection will depend upon its commitment to take care of the current outstanding dues of every succeeding month," TDSAT said in its latest order.

Learned senior counsel for Dish TV also submitted that the company is ready to undertake payment of current invoices as per the agreement. It has also been recorded that the invoices for the month of June has already been raised and is payable by 10 August.

“Petitioner should pay against that invoices within time. In a similar fashion, the current dues of every succeeding month shall be paid by the petitioner by the due date if it wants to have the interim protection during the pendency of this petition,” the order read.

While Dish TV wanted to clear the remaining dues of Rs 195 crore in not two but minimum five instalments of Rs 40 crore each, Star India strongly protested against this offer. TDSAT is also of the view that admitted dues should not remain unpaid for such a long time because it is likely to affect the business of the respondent. The tribunal expects the petitioner to clear the outstanding arrears as noted above in approximately equal instalments by the end of this October.

“By the next date petitioner must show its bonafide by paying Rs 65 crore by end of August towards the liquidation of said arrears. This is in addition to the payment for the current dues. If the petitioner fulfils this condition and makes the payment within time, the impugned notice shall not be given effect to till the next date,” the order stated.

TDSAT posted the matter under the same head to 4 October.

August 1, 2019
TDSAT directs Meghbela Cable to supply details to ZEEL for auditing

MUMBAI: Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed multi-system operator (MSO) Meghbela Cable And Broadband Services Pvt Ltd to file an affidavit in the audit dispute with Zee Entertainment Enterprise Ltd (ZEEL). Earlier, ZEEL was allowed to hold a comprehensive audit of respondent’s head-end, SMS and CAS systems without any delay.

TDSAT has noted that the audit is not making progress because historical data for the relevant period, or what the parties understand as baseline data, is not being supplied by the MSO. The tribunal directed the MSO to make adequate arrangements and preparations and extend full cooperation for the required audit.

“For that purpose, the MSO has to file an affidavit disclosing the required details before this tribunal within a week. Affidavit should disclose the number of locations and also other relevant particulars,” the latest order read.

In an earlier hearing, TDSAT directed that the audit should be held by an independent auditor such as KPMG, Ernst and Young where the representatives of both the parties will be entitled to remain present and auditors shall be at liberty to ask for reports from the vendors of the MSO’s systems including SMS and CAS systems. It was also said that the cost of the audit shall be borne by ZEEL.

TDSAT also directed to post the matter for reviewing the further progress of audit on 9 August. It also mentioned that the latest order shall also bind the vendors of the MSO.

July 30, 2019
Siti withdraws petition against SPN from TDSAT

MUMBAI: Siti Network Ltd has withdrawn its two-year-old petition against Sony Pictures Networks Distribution India Pvt Ltd and ORS from the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), stating that the parties have settled their differences.

Siti and Sony had some differences between them on the issue of accounting. While filing the petition in TDSAT, Siti had requested for an interim protection on the ground that it requires some more time to reconcile the accounts. As per Sony, the total payable including payable for the month of December, 2017 was Rs 68.38 crore but according to the petitioner Siti the amount was much less.

Following two-years of hearings and adjournments, the parties decided to settle their differences amicably. A bank guarantee of huge amount was involved in the petition amount of which is needed for payment of salaries etc. of employees. After its encashment the petition was formally withdrawn.

July 17, 2019