ITV

Category: TDSAT

  • Siticable resumes inadvertently disconnected signals to Bhopal LCOs

    Siticable resumes inadvertently disconnected signals to Bhopal LCOs

    NEW DELHI: Siticable Networks has apprised the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it had resumed signals, which were inadvertently disconnected, to 119 local cable operators (LCOs) from Bhopal.

     

    Siticable Networks counsel Tejveer Singh Bhatia assured the Tribunal that the supply had been resumed.

     

    The Tribunal had two days earlier directed Siticable Networks not to disconnect the supply of signals to 119 cable operators represented by the Bhopal Cable Operators’ Association.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and BB Srivastava had passed the order after a statement made by the LCO association’s counsel Nittin Bhatia that all due payments had been made.

     

    Bhatia had said the LCOs have made up-to-date payments as per the invoices issued by Siticable and continue to make payment at the rate at which invoices of June 2015 was issued.

     

    Bhatia told the Tribunal that he had the authorisation from 67 cable operators but would get these from the remaining 52 operators within a week.

     

    The Tribunal had said the status of any cable operator who is in dues will be determined on the basis of reconciliation of accounts and dues if any would be cleared within two weeks from the ascertainment of the said amount.

     

    The Tribunal had also said that the parties would be well advised to resolve their disputes through the process of mediation and directed both sides to appear before the Mediation Centre on 7 September.

     

    As was previously reported by Indiantelevision.com, the primary grievance of the Association was that the respondent was unilaterally and steadily increasing the monthly subscription fees payable by them. According to Bhatia, the cable operators paid the monthly subscription at the rate of Rs 30 per STB up to March 2013 and thereafter at Rs 60 per STB. Now the invoices being raised by the respondent are at the rate of Rs 83.11 (excluding taxes) for the package of channels supplied by it.

  • TDSAT adjourns Star India-Chennai LCO case following stay by Madras HC

    TDSAT adjourns Star India-Chennai LCO case following stay by Madras HC

    NEW DELHI: The Information and Broadcasting (I&B) Ministry has been spared the onus of explaining denial of digital addressable system (DAS) licence to the Tamil Nadu Arasu Cable TV Corporation Ltd (TACTV) following a Madras High Court order.

     

    The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has adjourned sine die the hearing of the LCO Thamizhaga vs Star India case in which the Arasu question had arisen.

     

    The order by TDSAT chairman Justice Aftab Alam and members Kuldip Singh and BB Srivastava came on being informed by the Government counsel that a single judge of the High Court had on 28 August stayed the proceedings pending before the Tribunal.

     

    The Tribunal however gave liberty to the parties to bring to its notice any further development in the matter.

     

    On 14 August, TDSAT had asked the I&B Ministry to file an affidavit in a matter where the root issue was about the denial of DAS licence to TACTV. It also directed the Indian Broadcasting Foundation (IBF) to get impleaded in the case.

     

    At that time, TDSAT also said Star India, a respondent in the case filed by cable operator Thamizhaga Cable TV Communication, New Delhi, was free to negotiate with Arasu and other multi-system operators (MSOs) for areas in Chennai for DAS and outside Chennai for analogue transmission.

     

    At the same time, it said that there would be no disconnection of signals until the next date.

     

    However, the Tribunal had held that Arasu (TACTV) was guilty of transmitting television signals in Chennai – which had adopted DAS in the first phase – in analogue mode, and at the same time guilty of using Star signals in the metropolis without any authorization inter-connect agreement with Star India.

     

    The Tribunal was told by TACTV that it had applied for a DAS licence as far back as July 2012 but the government had failed to take a decision despite an order of the Madras High Court of December 2013 asking the Centre to take a decision on the application of TACTV for grant of its license “in the soonest possible time.”

     

    Noting that there is no compliance with the direction of the Court even after more than a year and half, the Tribunal had felt it was imperative to know the stand of the Government for a proper adjudication of the matter. 

     

    The Tribunal had not accepted the argument by TACTV in the last hearing that it had negotiated with Star India for the entire state since the Letter of Intent (LoI) was only for the rest of Tamil Nadu barring Chennai.

  • TDSAT permits MSMMD to file restitution application for disconnecting signals to Meghbala

    TDSAT permits MSMMD to file restitution application for disconnecting signals to Meghbala

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) today permitted MSM Media Distribution (erstwhile MSM Discovery) to file restitution application as it said that Meghbala Cable and Broadband Services Pvt. Ltd, Behrampore had failed to comply with the Tribunal’s orders.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava listed the matter for 24 September when it was informed that Meghbala had failed to comply with the conditions under which it was granted interim protection on 4 June.        

     

    The Tribunal said the interim protection granted to Meghbala was withdrawn by order dated 6 August and MSM Media Distribution was free to disconnect its supply of signals to Meghbala.

             

    MSM Media Distribution also said that it was entitled to seek recovery of subscription fees for supplying its signals to the petitioner in terms of the interim orders passed by the Tribunal.

     

    The Tribunal had on 4 June directed MSM Media Distribution not to give effect to its disconnection notices to Meghbala in Kolkata, Behrampur, Haldia and Bankura pending final orders of the Tribunal. 

     

    The Tribunal had then said MSM Media Distribution will remove the OSDs running on the petitioner’s network provided the petitioner makes an on account payment of Rs 50 lakh to MSM in two instalments, the first instalment of Rs 25 lakh payable by 15 June and the second instalment of Rs 25 lakh by 30 June.

     

    It had said the payment will be without prejudice to the rights and contentions of the parties and will abide by the final outcome of these petitions. 

  • TDSAT asks Siticable not to disconnect signals of 119 Bhopal LCOs

    TDSAT asks Siticable not to disconnect signals of 119 Bhopal LCOs

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has directed Siticable Network to not disconnect the supply of signals to 119 cable operators represented by the Bhopal Cable Operator Association.

     

    TDSAT chairman Aftab Alam along with members Kuldip Singh and B B Srivastava gave the order in view of a statement made by the LCO association’s counsel Nittin Bhatia that all due payment had been made.

     

    Bhatia had said the LCOs have made up-to-date payments as per the invoices issued by Siticable and continue to make payment at the rate at which invoices of June 2015 were issued.

     

    Bhatia told the Tribunal that he had the authorisation from 67 cable operators but would get authorisation from the remaining 52 operators within a week.

     

    The Tribunal said the status of any cable operator who is in dues will be determined on the basis of reconciliation of accounts and dues if any would be cleared within two weeks from the ascertainment of the said amount.

     

    The Tribunal also said that the parties would be well advised to resolve their disputes through the process of mediation and directed both sides to appear before the Mediation Centre on 7 September.

     

    The primary grievance of the Association is that the respondent is unilaterally and steadily increasing the monthly subscription fees payable by them. According to Bhatia, the cable operators paid the monthly subscription at the rate of Rs 30 per STB up to March 2013 and thereafter at Rs 60 per STB and now the invoices being raised by the respondent are at the rate of Rs 83.11 paise (excluding taxes) for the package of channels supplied by it.

     

    Siticable counsel Tejveer Singh Bhatia did not have full instructions in the matter but stated 

  • TDSAT asks Karnataka LCOs & Siti Cable to resolve dispute over payment & STB quality

    TDSAT asks Karnataka LCOs & Siti Cable to resolve dispute over payment & STB quality

    NEW DELHI: Karnataka State Digital Cable TV Operators Welfare Association and Siti Cable Networks have been asked to resolve their disputes relating to accounts as well as quality of set top boxes (STBS) before a mediation centre by 30 September.

     

    Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) chairman Aftab Alam and member Kuldip Singh however said 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 represents 269 cable operators and its counsel Nittin Bhatia claimed that the STBs were of very poor quality and it was adversely affecting the viewing quality of the signals supplied by Siti Cable.

     

    He said that all the cable operators who were 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 were also 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.

     

    Cable operators represented in the petition were also 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 Cable counsel Upender Thakur said there was a dispute regarding 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 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 pulls up MSO for demanding advance subscription as pre-condition to give signals to LCO

    TDSAT pulls up MSO for demanding advance subscription as pre-condition to give signals to LCO

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has asked Sun Distribution Services to show cause as to why action should not be taken against it for denying signals to local cable operator (LCO) Prabhu Cable Network despite the Tribunal’s orders.

     

    Listing the matter for 2 September, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said action was liable under Section 20 of the Telecom Regulatory Authority of India (TRAI) Act.

     

    On 6 July as well as on 4 August, TDSAT had asked Sun to give the signals but the company had failed to do so.

     

    The stand taken by Sun is that the areas covered by the LCO are presently in a non-digital addressable system (DAS) area and would come under the DAS ambit from 1 January, 2016. In view of this, the present arrangement would continue only for four and half months and Sun agreed to give signals on condition that the LCO pay the subscription fee up to 31 December in advance at the time of execution of the agreement. 

     

    The Tribunal felt that “asking for subscription fee for four and a half months as the condition for giving signals clearly amounts to flouting the orders of the Tribunal.”

     

    “Besides the condition being wholly unreasonable, it is also in contravention of the Interconnect Regulations,” the Tribunal added. 

     

  • TDSAT to examine Patna MSO’s allegations over LCOs shift

    TDSAT to examine Patna MSO’s allegations over LCOs shift

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has appointed an Advocate Commissioner to probe allegations made by Patna-based multi-system operator (MSO) Siti Maurya Cable Network that seven local cable operators (LCOs) have been trying to migrate to another MSO.

     

    The Commissioner Diggaj Pathak will be given a list of subscribers by D K Classic, one of the LCOs. Pathak will then go to Patna unannounced and intimate the two sides about his arrival.

     

    Along with the representatives of the MSO and the LCO, Pathak will make random visits to some of the subscribers to see whether or not the set top boxes (STBs) of the petitioner are functional at their places. In case the petitioner’s STBs at the respondent’s subscribers’ place are found to be switched off, he will find out the duration since the signal switch off. Pathak will also ascertain whether the switch off was done from the MSO’s head-end or the LCO’s.

     

    Pathak will submit the report by 28 August. He will be paid an honorarium of Rs 15,000 per day, apart from actual expenses, to be shared equally by both sides. The matter will now be heard on 3 September.   

     

    After hearing the allegations of the MSO, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava were told by D K Classic that it was the MSO, which had switched off its signals. However, the MSO alleged in its petition that the LCOs had neither given the statutory notice, nor returned the STBs.

     

    Sharath Sampath, who represents D K Classic, said the LCOs did not migrate to another MSO of their own volition and initiative but Siti Maurya disconnected the supply of its signals, compelling them to take signals from another MSO. He also alleged that if his client D K Classic’s share in the carriage fee is taken into account, not only will there be no dues payable but the LCO will be entitled to receive some payments from the Siti Maurya.

  • TDSAT directs Hathway to pay Rs 14.56 crore to MSM Media Distribution

    TDSAT directs Hathway to pay Rs 14.56 crore to MSM Media Distribution

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed multi system operator (MSO) Hathway Cable and Datacom to pay Rs 14.56 crore towards subscription dues to MSM Media Distribution (MSMMD) till the expiry of the agreement i.e. 31 October, 2015 in three installments.

     

    It can be noted that both Hathway and MSM have two separate deals for phase I and phase II cities. While the agreement for the phase I cities is valid till 31 October 2015, the agreement for phase II ended on 31 March, 2015. 

     

    “Hathway hasn’t paid us for the past six-seven months in phase I areas and has not renewed the deals in phase II cities. So while we have stopped signals to the platform in phase II cities, we approached the Tribunal to recover the money for phase I, where the MSO had signed a fixed fee contract with us and is now trying to come out of it,” said MSMMD executive vice president sales and marketing Makarand Palekar.

     

    The TDSAT, in its order, has said that Hathway has to honour the commitment under the memorandum of understanding (MOU) for the entire term for DAS phase I areas till its expiry i.e. up to 31 October, 2015. Accordingly, Hathway has to pay the subscription fees in accordance with the MOU. 

     

    “We will have to keep the service on in the phase I cities, considering the agreement is till 31 October, but we could not have been more patient in terms of recovering the money, which the MSO hasn’t paid for the past six-seven months,” added Palekar. 

     

    According to Palekar, close to five million homes across the country will not be able to watch MSM channels with the network being pulled off from Hathway. “There are close to 3000 MSOs and we have a cordial relation with all. The subscribers will suffer because of the MSO not signing the agreement,” concluded Palekar. 

  • TDSAT reflects on unprecedented course of MIB in Star – Arasu case

    TDSAT reflects on unprecedented course of MIB in Star – Arasu case

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) hearing a case by a local cable operator against Star India, described as ‘strange and unprecedented’ the course adopted by the Ministry of Information and Broadcasting (MIB) in responding to its question relating to denial of digital addressable system (DAS) licence to the Tamil Nadu Arasu Cable TV Corporation Ltd.

     

    Following an order on 11 August asking the MIB to give its stand on the issue, the Ministry had sent ‘a note to the Tribunal through a messenger.’

     

    Passing its order in the presence of the Section Officer on 14 August, the Tribunal said the Ministry should send a senior level officer and also take an advocate to represent it and may additionally file an affidavit giving its point of view. It made clear that it was not accepting the note brought by the Section officer and was returning it.

     

    The Tribunal had early this month put out a notification asking broadcasters who may want to join the case to get impleaded.

     

    The application by Star India related to a cable operator giving its signals in analogue mode to Chennai – which had gone digital in the first phase – and in violation of the letter of intent by giving signals to Chennai when the agreement was only for the rest of Tamil Nadu.

     

    Listing the matter for 2 September, TDSAT also said Star India, respondent in the case filed by cable operator Thamizhaga Cable TV Communication, New Delhi, was free to negotiate with Arasu and other multi-system operators (MSOs) for areas in Chennai for DAS and outside Chennai for analogue transmission.

     

    At the same time, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said that there would be no disconnection of signals until the next date.

     

    It also directed that Indian Broadcasting Foundation (IBF) should be impleaded as a party since other broadcasters were also giving signals to Arasu for Chennai though it did not have the DAS licence. Option was also given to other broadcasters if they wanted to be impleaded.

     

    However, the Tribunal held Arasu guilty of transmitting television signals in Chennai in analogue mode, and at the same time guilty of using Star signals in the metropolis without any authorization from Star India.

  • TDSAT questions MIB over DAS licence denial to Tamil Nadu’s Arasu Cable

    TDSAT questions MIB over DAS licence denial to Tamil Nadu’s Arasu Cable

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT), on 14 August, asked the Ministry of Information and Broadcasting (MIB) to file an affidavit in a matter where the root issue is about the denial of digital addressable system (DAS) licence to Tamil Nadu Arasu Cable TV Corporation (TACTV).

     

    While the MIB had presented a note through a section officer, TDSAT refused to accept it and wanted the ministry to file a proper affidavit.

     

    Listing the matter for 2 September, TDSAT also said that Star India, respondent in the case filed by cable operator Thamizhaga Cable TV Communication, New Delhi, was free to negotiate with Arasu and other multi-system operators (MSOs) for areas in Chennai for DAS and outside Chennai for analogue transmission.

     

    At the same time, it said that there would be no disconnection of signals until the next date.

     

    TDSAT also directed that the Indian Broadcasting Foundation (IBF) should be impleaded as a party since other broadcasters were also giving signals to Arasu for Chennai though it did not have the DAS licence. Option was also given to other broadcasters if they wanted to be impleaded.

     

    During the hearing earlier this week, TDSAT chairman Aftab Alam and members Kuldip SIngh and B B Srivastava wondered why the Central Government had failed to take a decision on giving DAS licence to Arasu. It had therefore directed that the Ministry be impleaded in the case.

     

    At the same time, it had held that Arasu (TACTV) was guilty of transmitting television signals in Chennai, which had adopted DAS in the first phase – in analogue mode, and at the same time guilty of using Star signals in the metropolis without any authorisation inter-connect agreement with Star India.

     

    The Tribunal was told by TACTV that it had applied for a DAS licence as far back as July 2012 but the government had failed to take a decision despite an order of the Madras High Court in December 2013 asking the Centre to take a decision on the application of TACTV for grant of it’s license “in the soonest possible time.”  

     

    Noting that there is no compliance with the direction of the Court even after more than a year and half, the Tribunal felt it was imperative to know the stand of the Government for a proper adjudication of the matter.

     

    The Tribunal did not accept the argument by TACTV in the last hearing that it had negotiated with Star India for the entire state since the Letter of Intent (LOI) was only for the rest of Tamil Nadu barring Chennai.