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Category: TDSAT

  • TDSAT asks two Amritsar LCOs to clear MSO dues before proceeding with case

    TDSAT asks two Amritsar LCOs to clear MSO dues before proceeding with case

    NEW DELHI: Two local cable operators (LCOs) of Punjab, who are members of the Amritsar Cable TV Operators Sangharsh Committee, have been asked by the Telecon Disputes Settlement and Arbitration Tribunal (TDSAT) to settle their dues with multi system operator (MSO) Fastway Transmission Pvt. Ltd., Amritsar before the case can proceed further.

     

    As the two – Bhatti Cable and Sajjan Cable – are unable to clear all the dues in one payment, the Tribunal accepted their plea to pay in two instalments. Both have already cleared all dues till February this year. Bhatti Cable, admittedly, has 953 functional set-top-boxes (STBs), whereas Sajjan Cable has 622 STBs.

     

    The dues against Bhatti Cable upto 30 September amount to Rs 6,66,700 and against Sajjan Cable is Rs 4,38,500. 

     

    Bhatti Cable is willing to pay to the respondent the sum of Rs 4,30,000 (that would include the subscription fee for the month of September 2015) this month. On the other hand, Sajjan Cable will pay the sum of Rs 2,30,000 (including the subscription fee for September 2015). 

     

    If the LCOs fail to clear off the balance dues by 30 October, it would be open to Fastway to discontinue the supply of its signals to them, the Tribunal said.

     

    Apart from payment of the arrears, both the local cable operators will also pay the monthly subscription fee for October 2015.

     

    In case any of the STBs with the subscribers of the two cable operators is not operational in the meanwhile, they will give intimation to the Fastway and shall also return the non-operational STBs.

  • TDSAT asks Star to show cause on Rudhrapur Cable Network’s contempt proceeding

    TDSAT asks Star to show cause on Rudhrapur Cable Network’s contempt proceeding

    NEW DELHI: Notice has been issued to Star India to show cause why contempt proceedings should not be initiated against it for not complying with the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) order of 18 August relating to Rudhrapur Cable Network.

     

    Star India was asked to respond within a week with TDSAT listing the matter for 7 October. 

     

    The Cable Network had come to the Tribunal seeking a direction to Star India for supply of its signals to the petitioner for retransmission in the areas of Rudrapur, Gadarpur, Kichha and rural areas.

     

    The Tribunal after arguments had directed that the parties should enter into an interconnect agreement without any delay applicable till 31 December, 2015. The areas under the interconnect agreement would be exactly same as the areas of the STN Television Network in Rudrapur, the Tribunal had said and added that following the execution of the agreement, the decoder boxes will be issued simultaneously to the petitioner for all the channels. 

     

    It had been argued by Star at that time that areas under question are in the third phase of DAS notification, hence as currently these areas are in the analogue mode and they are due to come under the DAS regime after 31 December, 2015. Star also declined to give signals to the petitioner on ground that STN has objected to any supply of signals to the petitioner on the ground that it owed large sum of money to STN. 

  • BECIL to audit Mumbai’s Home Systems, Star directed not to disconnect signals: TDSAT

    BECIL to audit Mumbai’s Home Systems, Star directed not to disconnect signals: TDSAT

    NEW DELHI: The Broadcasting Engineering Consultants (India) Ltd (BECIL) has been directed to examine the headend of Mumbai’s Home Systems Pvt Ltd following a petition filed by it against Star India.

     

    Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) chairman Aftab Alam and members Kuldip Singh and B B Srivastava said BECIL will find out whether the Conditional Access System (CAS) and the Subscribers Management System (SMS) at the petitioner’s headend are properly integrated on the date of the audit.

     

    It would also examine, on the basis of the historical data available in the system, whether the systems were properly integrated during the period April 2014 to November 2014, when the commercial audit was made by Star.

     

    It will be open to the Star to submit to BECIL the report of its audit and the data collected from the Home System in course of the audit. Home Systems will bear the cost of the audit.

     

    It is expected that the BECIL will submit its report to the Tribunal within four weeks and so the case has been listed for 6 November.

     

    The petition had been filed by Home Systems against a disconnection notice issued by Star India based on non-payment of dues. The dues are under two heads – one relates to the licence fee and the other relates to the demand made by Star on the basis of a commercial audit of the petitioner’s headend. The licence fee dues as shown in the notice amount to Rs 56 lakh.

     

    After the notice Home Systems paid a sum of Rs 27,37,690 and according to it, the licence fee dues upto 31 August amounts to Rs 26,74,536, apart from the fee for September. 

     

    According to Star, in course of audit it was found that at the petitioner’s headend the CAS and the SMS were not properly integrated and hence, the data generated by SNS was incorrect. Home Systems disputed this.

  • TDSAT asks Bangalore MSO not to cut signals of local association’s LCO members

    TDSAT asks Bangalore MSO not to cut signals of local association’s LCO members

    NEW DELHI: All Digital Network Ltd of Gandhi Nagar in Bangalore has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to main status quo and not to disconnect the signals to any member of the All Digital Cable TV Operations Welfare Association of Bangalore.

     

    The Tribunal said that in case there is any disconnection of the supply of signals by the respondent to any of the cable operators in this petition, All Digital Network will restore the connection till any order is passed.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava listed the matter for 22 September.

     

    All Digital Network counsel Sharath Sampath has been given time to get proper instructions in the matter.

  • TDSAT asks Star India to not disconnect signals to Digi Guntur Network

    TDSAT asks Star India to not disconnect signals to Digi Guntur Network

    NEW DELHI: Star India has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to not disconection the signals to Digi Guntur Network India Ltd provided the petitoner pays Rs 24.10 lakh by 30 September. 
     
     
    Admitting the petition by the MSO challenging the disconnection notice, the Tribunal listed the matter for 28 October.
     
     
    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said the payment will be without prejudice to the rights and contentions of the parties and the parties will abide by the final decision in this petition.
     
     
    Star India counsel Rajshekhar Rao accepted notice and was directed to file the reply within three weeks. Rejoinder, if any, may be filed within two weeks from the date of receipt of a copy of the reply.
  • LCOs can jointly file petitions to air grievances: TDSAT

    LCOs can jointly file petitions to air grievances: TDSAT

    NEW DELHI: In a preliminary observation that may have far-reaching consequences, the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has found no legal impediment in local cable operators (LCOs) coming together in an association to raise their grievances.
     
     
    TDSAT rejected the preliminary objection by Siti Cable Networks counsel Tejveer Bhatia that under Section 14 of the Telecom Regulatory Authority of India Act, the Tribunal has the jurisdiction to adjudicate any dispute between (i) a licensor and licensee; (ii) two or more service providers; and (iii) a service provider and a group of consumers. 
     
     
    According to Bhatia, the Jabalpur Cable Operators Welfare Association does not come under any of these three categories. 
     
     
    TDSAT chairman Justice Aftab Alam, member Kuldip Singh, and B B Srivastava said, “We are unable to accept the objection. The petitioner is a registered association of cable operators. It is representing 90 cable
    operators, who are in dispute with the respondent, a multi system operator.”
     
     
    The Tribunal said, “The nature of the dispute between the cable operators and the MSO is the same. Each of the cable operator is a service provider and each of them can approach this Tribunal in respect of its disputes with the respondent. But being small operators they may not have the necessary wherewithall and the resources to agitate its grievances before the Tribunal sited in Delhi. If, therefore, for financial and logistical reasons, the cable operators pool their resources and authorise the association to represent them before the Tribunal, we see no legal impediment in their maintaining this petition. More so, as each of the cable operator by virtue of the
    authorisation given to the association, will be bound by the orders passed in this petition.”
     
     
    Noting that the issues raised in the petition are substantial and need consideration by the Tribunal, it directed the parties to maintain status quo until further orders. In case any payment falls due before the next date in this case, the cable operators (90 in number) will make payment to Siticable at the rate at which each of them made the last payment. Subject to this direction, Siticable will not discontinue supply of its signals to the cable operators.
     
     
    The Tribunal directed Bhatia to file the reply within a week. But it said Bhatia will be free to reagitate the issue of maintainability of the petition, and the point, if so required may be considered in greater detail. 
     
     
    Listing the matter for 6 October, the Tribunal said rejoinder, if any, may be filed within a week from the date of receipt of copy of the reply.
  • Siti Cable to not disconnect signals to 5 Faridabad LCOs

    Siti Cable to not disconnect signals to 5 Faridabad LCOs

    NEW DELHI: Siti Cable Networks has committed before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it will not disconnect the signals of the five local cable operators (LCOs) of Faridabad.

     

    These cable operators are members of the Excellent Cable Operators Association.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava directed that these cases be also listed on 8 October.

     

    This case will now be heard along with the batch of cases from Progressive Cable Network Association, Faridabad.

     

    The Tribunal noted that it had received Rohit Vasvani’s report in the case.

  • TDSAT asks Sun Distribution to sign new interconnect agreement with Vision Digital Cable

    TDSAT asks Sun Distribution to sign new interconnect agreement with Vision Digital Cable

    NEW DELHI: Vision Digital Cable and Sun Distribution Services Pvt Ltd have been permitted by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to execute a fresh interconnect agreement adding 273 subscribers to the existing 1612 subscribers of Vision Digital Cable.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava also accepted the plea that 57 subscribers whose premises were found locked during a joint survey by the parties should be included in the list of subscribers.

     

    The joint survey, which had been carried out following orders of the Tribunal earlier, shows that Vision Digital has 216 subscribers, of which 168 are receiving signals apart from Vision Digital from some other local cable operator as well. Forty-eight subscribers out of 216 are receiving their signals solely from the petitioner. 

     

    The Tribunal made it clear that Vision Digital will not add to its number of subscribers without giving prior intimation to Sun Distribution and getting its consent in writing. 

     

    In case Vision Digital makes the request for any addition to its subscriber base, Sun Distribution must respond within two weeks from the date of receipt of the request, after making verification, if any, desired by it. 

     

    In case Sun Distribution does not accede to the request of Vision Digital for adding of subscribers to its existing base, it will give reasons for not accepting the request.

  • TDSAT orders INX News to pay Manthan’s Rs 96 lakh outstanding due

    TDSAT orders INX News to pay Manthan’s Rs 96 lakh outstanding due

    NEW DELHI: INX Media Pvt Ltd has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to pay to Kolkata’s Manthan Broadband Services Pvt Ltd outstanding dues of Rs 95.76 lakh.

     

    According to the judgment by TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava, INX will have to pay the amount after deducting TDS, if any, deposited by it with the income tax authorities for which it will provide the TDS certificates.

     

    The amount is to be paid within six weeks from the date of the order. The sum so payable will also carry interest at the rate of eight per cent from 17 May 2013, which is the date of filling of the petition and till the same is paid to Manthan.

     

    The cost of litigation was assessed as Rs 25,000.

     

    According to Manthan, Fifth Avenue Media of Mumbai acting on behalf of INX News had agreed to pay a sum of Rs 1.15 crore for the placement of the channel for the period 1 June, 2011 to 31 May, 2012. Though the channel was placed as per the agreement, INX News made a payment of Rs 31.07 lakh only and has not made any further payment to Manthan.

     

    The Tribunal said after considering the facts of the case, rival submissions and evidence on record as well as the law in this regard, it was convinced that Fifth Avenue Media was acting on behalf of INX News and there was an agreement between the parties for placement of the INX News channel on the network of Manthan.

     

    The Tribunal was informed that it had been agreed that Manthan would be paid this amount in advance in three equal instalments.

     

    However, INX News had denied any such agreement or that it had approached Manthan through Fifth Avenue Media.

     

    Nevertheless, Manthan had produced evidence before the Tribunal, which noted that though the initial e-mails exchanged were between Gurmeet Singh representing Manthan and Gaurav Kohli of Fifth Avenue Media, an e-mail was written by INX News’ Anuj on 29 June, 2011 to Kohli enclosing a soft copy of the distribution agreement for Manthan. The same was forwarded by Kohli to Singh on 30 June, 2011, with a copy to Anuj.

  • TDSAT gives Sun Distribution nod to cut Digicable signals in case of non-payment

    TDSAT gives Sun Distribution nod to cut Digicable signals in case of non-payment

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has given Chennai’s Sun Distribution Services permission to disconnect the signals to Digicable Network (India), Andhra Pradesh if it fails to pay the Rs 26 lakh of monthly installment and monthly licence fee for August within a week.

     

    The order by TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava was given after being informed that Digicable had paid the fee upto July in accordance with an earlier order of the Tribunal.

     

    The amount of Rs 26 lakh comprises the monthly installment of Rs 19 lakh and the monthly license fees of Rs 7 lakh.

     

    However, the Tribunal made it clear that as and when Digicable clears the dues and makes up-to-date payment of monthly installment as well as monthly licence fee in terms of the interim order passed on 6 May, Sun Distribution should resume the supply of its signals to the respondent.

     

    The Tribunal noted that Digicable had made the payments up to July “with great difficulty and after seeking repeated adjournments.”

     

    Digicable had told the Tribunal that it would pay the monthly licence fee by 15 September and instalment by September. 

     

    The Tribunal said, “From the conduct of the respondent, as would appear from the previous orders passed in this case, we are satisfied that it does not deserve any further indulgence of the kind” sought by Digicable.