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Category: TDSAT

  • TDSAT bars Rajasthan MSOs from giving signals to 11 LCOs defaulting in Siti Cable payment

    TDSAT bars Rajasthan MSOs from giving signals to 11 LCOs defaulting in Siti Cable payment

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has directed that no multi system operator (MSOs) besides Siti Cable Network will be permitted to give signals to eleven local cable operators (LCOs) who were earlier members of the Rajasthan Cable Operators Foundation.

     

    While these eleven LCOs owe a sum of Rs 17.49 lakh to Siti Cable Network, the Foundation says that the LCOs are no longer its members.

     

    Earlier on 5 August, the Foundation said that these LCOs were its members but had failed to make payments to Siti Cable Network.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said the cable operators represented by the Foundation including the 11 allegedly in default had been receiving uninterrupted supply of signals from Siti Cable in terms of the interim order passed by the Tribunal under which each of the LCOs was obliged to pay Rs 75 per subscriber per month, excluding of taxes. 

     

    As it is alleged that the 11 cable operators did not make payments in terms of the order, the Tribunal said, “It would be fair and reasonable to direct that they may not migrate to any other MSO without clearing Siti Cable’s dues in terms of the Tribunal’s orders or satisfactorily refute the allegation that they are in default.”

     

    Listing the matter for 26 August, the Tribunal therefore made it clear that until further orders, no other MSO apart from Siti Cable Network will supply any signals to the concerned 11 LCOs.

  • Den denies pirating Sun TV signals in Gurgaon & Ghaziabad

    Den denies pirating Sun TV signals in Gurgaon & Ghaziabad

    NEW DELHI: Den Networks has denied that it is distributing the signals of Sun Distribution Services Pvt. Ltd. (Sun) meant for Delhi, in Gurgaon and Ghaziabad as well.

     

    This assertion was made by Den counsel Gaurav Kaushik in the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) in response to an application filed by Sun.

     

    Listing the matter for 13 August, TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava gave Den the option to file a reply to the application.

     

    The miscellaneous application was filed by Sun, which is the respondent in the pending case by Den.

     

    Sun alleged that the petitioner Den was indulging in piracy of its signals in as much as though under the interconnect agreement, it is authorised to transmit the signals only within the territory of Delhi, but it was transmitting Sun’s signals in Gurgaon and Ghaziabad, that is beyond the area under the interconnect agreement.

  • Tariff Hike Case: SC rejects appeal challenging TDSAT order; asks TRAI to out new tariff

    Tariff Hike Case: SC rejects appeal challenging TDSAT order; asks TRAI to out new tariff

    NEW DELHI: Dismissing the appeal challenging an order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) setting aside the amendments in two tariff orders, which had sought to put an inflation-linked hike of 27.5 per cent on addressable and non-addressable systems, the Supreme Court today asked the Telecom Regulatory Authority of India (TRAI) to come up with new tariff as early as possible.

    The Court also said that the multi-system operators (MSOs) will not insist on a refund of their payments to broadcasters but will wait for the new tariff orders.

    Thus, the apex Court held intact the 28 April order of the Tribunal holding as ‘untenable’ the Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order, 2014’ and ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order, 2014’.

    Appellants Indian Broadcasting Foundation (IBF), Star India, Vijay Television, Viacom18 and Sun TV had sought stay on the ground of wholesale price index. They also sought to argue that there was consultation prior to issuance of the Tariff orders, which they said were not strictly Tariff orders.

    While the appellants were represented by senior advocates Kapil Sibal and Abhishek Manu Singhvi, the defendant Home Cable Network Services Pvt Ltd and Vikki Choudhary were represented by senior counsel Aman Lekhi and Vivek Sarin.

    When the appellants late last month sought early hearing, the Court asked TRAI not to give effect to its direction asking broadcasters to roll back the 27.5 per cent tariff hike for non-addressable areas until the next hearing. The regulator had on 27 July asked broadcasters to revise their wholesale tariffs, even though it had noted that the Supreme Court had declined to stay the TDSAT order.

    In its order, TDSAT had said TRAI “will be well advised to have a fresh look at the various tariff orders in a holistic manner and come out with a comprehensive tariff order in supersession of all the earlier tariff orders.”

    “While doing so, it may consider all the agreements and relevant data available with it. It may consider differentiating between content which is of a monopolistic nature as against that the like of which is shown by other channels also.”

    “It may also consider classifying the content into premium and basic tiers. It may identify the major cost components so that increase or decrease in such costs may be suitably factored while working out the inflationary hikes. Increase in costs of such components as may be available in indexes such as Wholesale Price Index (WPI), GDP deflator etc. can then be applied. While working out the tariffs, the effort should be to encourage a correct declaration of SLR. While carrying out the exercise, it may take the inputs from various stakeholders and give a reasoned order for accepting or rejecting the same. We want to be amply clear that the above are only some suggestions and TRAI being an expert body may arrive at suitable tariffs independently; it is up to it to consider the above and/or any other factors,” the Tribunal said.

    The IBF had come in as an intervener while the other interveners were direct to home (DTH) operators, MSOs, Association of Cable Operators and cable operators.

    TRAI had allowed a 15 per cent hike from 1 April, 2014. The second installment of 12.5 per cent tariff hike came into effect from 1 January, 2015.

    TRAI said the inflationary increases given by it were based on increase in the WPI. In the Explanatory Memorandum with the Second Amendment to the Principal Tariff Order, it was explained that for making adjustments for inflation WPI had been used. It was explained that Consumer Price Index (CPI) was not used as latest information for this was not available and further this related to certain specific consumption baskets. As per the Explanatory Memorandum to the impugned Tariff Order, the WPI has increased by 43.69 per cent and giving a pass through of 63 per cent, an inflation linked increase of 27.5 per cent is allowed.    

  • TDSAT permits Star India to verify Rajasthan MSO’s details despite BECIL report

    TDSAT permits Star India to verify Rajasthan MSO’s details despite BECIL report

    NEW DELHI: Star India has been permitted by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to send its representative to the head-end of Rajasthan Infotech Media Services Pvt Ltd for further verification despite the report of the Broadcast Engineering Consultants (India) Ltd (BECIL).

     

    The report by BECIL showed that the MSO’s systems were technically compliant with the statutory norms.

     

    However, Star India wanted to verify the correctness of the commercial details.

     

    Star India was therefore permitted by TDSAT chairperson Aftab Alam and members Kuldip Singh and BB Srivastava to obtain the commercial details, including SMS reports, from the MSO’s system for the past months.

     

    The matter has been listed for further hearing on 19 August.

  • TDSAT asks TRAI to examine HITS operators’ inter-connect agreements

    TDSAT asks TRAI to examine HITS operators’ inter-connect agreements

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI), has now been asked to examine whether a broadcaster’s RIO should form the basis for negotiations to enter into an interconnect agreement with the distributor of signals.

     

    The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT), which had earlier asked TRAI to re-examine the issue of Digital Addressable System (DAS) tariffs, also wants to know if the RIO is only a fall back basis in case the negotiations between the broadcaster and the distributor for entering into interconnect agreement otherwise fails.

     

    Summing up the issues that came up for consideration in two cases, the Tribunal asked whether an interconnect agreement between a broadcaster and a distributor of signals on a fixed fee basis, completely dehors the broadcaster’s RIO, can be said to be in accordance with the provisions of the Regulations.

     

    It also asked if it is open to the broadcaster to give discounts, concessions and facilities to distributors of signals on a deal to deal basis or is the broadcaster obliged to frame a standard scheme of discounts, concessions and facilities and make it public so that it may be available to all similarly situated distributors equally.

     

    The Tribunal also asked the status of a Headend In The Sky (HITS) operator vis-a-vis a broadcaster for the purpose of inter-connect arrangements, and whether a HITS operator is comparable to a large MSO operating on a pan India basis.

     

    TDSAT chairman Justice Aftab Alam along with members Kuldip Singh and B B Srivastava were examining two cases filed by Noida Software Technology Park Ltd against Media Pro and Taj Television.

     

    The Tribunal wanted a clear stand from TRAI and also directed that this order should be placed on the Tribunal website in the form of a notice with copies being sent to the Indian Broadcasting Foundation (IBF), MSO Alliance and DTH Operators’ Association, as any adjudication of these questions is likely to affect the broadcasting sector as a whole fundamentally.

     

    The Tribunal said it would be open to any stakeholders to intervene and address the Tribunal on the issue.

     

    Listing the matter for further hearing on 11 August, it said any applications for intervention may be filed within one week from today (30 July). 

  • Forensic lab to verify individual’s signatures to decide on MSO-LCO dispute

    Forensic lab to verify individual’s signatures to decide on MSO-LCO dispute

    NEW DELHI: In a rare order, the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has sent to the Central Forensic Science Laboratory (CFSL), New Delhi, two samples of the signatures of an individual to verify whether one is forged as alleged.

     

    Even as a case by Manthan Broadband Services for recovery of certain amounts from Rajarhat Cable Broadband Services was at the threshold stage, the latter produced a purported reconciliation statement dated 12 March, 2015 under which it owed Manthan only a sum of Rs 39,16,407. This statement was contested by Manthan, which also said that the signatures of one Sajal Mistry were forged. As proof, it presented the passport of Mistry.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said they “hoped and expected that the report will be received within one month.”

     

    The matter has now been put up for hearing on 29 September and Manthan has been asked to file its rejoinder to the reply filed by Rajarhat and reply to the counter-claim filed by Rajarhat.

     

    Manthan denied there was any joint reconciliation of accounts. It took the stand that the so-called reconciliation statement was a fake document and the purported signature of Mistry on it was not genuine.

     

    Despite the above statement made on behalf of Manthan, Rajarhat continued to insist that the reconciliation statement was drawn up after a joint exercise and it bore Mistry’s signature working as senior manager with Manthan. 

     

    The Tribunal noted that the two sides were taking diametrically opposite positions on a simple issue of fact and it was clear that one of them is making incorrect statements willfully on oath. 

     

    “In these circumstances, it becomes necessary to find out the genuineness or otherwise of the purported signature of Sajal Mistry on the reconciliation statement dated 12 March, 2015 through a scientific process,” TDSAT said.

     

    Manthan’s counsel produced Mistry’s passport, which “naturally bears his signature that cannot be disputed on any count.”

     

    The Tribunal accordingly decided to have the signatures on the agreement and the passport verified by the CFSL. 

  • Show DAS licence, sign interconnect deal to get Star India signal: TDSAT tells Gurgaon MSO

    Show DAS licence, sign interconnect deal to get Star India signal: TDSAT tells Gurgaon MSO

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has asked Star India to consider giving digital signals to the Gurgaon based multi system operator (MSO) Technobile Systems Network Pvt Ltd provided the latter produces its digital addressable system (DAS) licence and enters into an interconnect agreement.

     

    Passing this directive on a petition by Technobile, TDSAT chairman Justice Aftab Alam said, “It is hoped and expected that in terms of this order the parties shall execute the interconnect agreement and Technobile shall start receiving the Star signals not later than a week from today (15 July).”
     

    Technobile is already receiving Star signals in analogue mode in the municipal areas of Sultanpur, Faizabad, Unnao and Khalilabad. 

     

    The MSO now wants Star’s signals in digital mode in 17 areas (including the above mentioned four areas). 

     

    Star told the Tribunal that it was willing to give its signals to the petitioner in digital mode provided the petitioner produces its DAS licence and enters into interconnect agreement with Star to take its signals at RIO rates and terms.

     

    On execution of the interconnect agreement, Technobile will cease to get signals from Star in analogue mode in the four areas as indicated in the order of the Tribunal of 29 May this year, and consequently shall not be liable to make any payment for analogue signals.

     

    In case Technobile wants Star’s signals in addition to the areas as enumerated in its petition, Star will consider its request in accordance with law and in terms as recorded in this.

  • TDSAT gives Star India option to stop signals to Skynet Digital Services

    TDSAT gives Star India option to stop signals to Skynet Digital Services

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has given Star India the option to stop its signals to multi-system operator (MSO) Skynet Digital Services, noting that it “cannot shut its eyes and let the MSO further indulge in illegal activities.”

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava based their order on an audit report by the Broadcast Engineering Consultants (India) Ltd, which had said the MSO was indulging in illegal activities. 

     

    The Tribunal said it could not shut its eyes on this aspect when the report had come from an “impeccable” source like BECIL, when Skynet counsel offered to rectify the situation and get a fresh audit done.

     

    However, it gave time to Skynet to file its reply to the report within four weeks and set the case for hearing on 5 August.

     

    BECIL in its report had said Skynet was “re-transmitting TV channels in un-encrypted mode and un-authorisedly supplying its signals to another entity M/s Silverline Entertainment after the supply of signals to it has been stopped by Star.”

     

    Earlier, Skynet had challenged the disconnection notice issued by Star under clause 6.1 of the Digital Addressable System (DAS) regulations. TDSAT had disposed the case on 23 April this year stating that the two sides should execute the agreement for the period 1 April, 2014 to 31 October, 2014 at the rate of Rs 40 per CPS. Star may conduct a technical audit of the petitioner’s system and raise its invoices for the aforesaid period at the indicated rate.

     

    However, Star later filed an application making serious allegations against Skynet, after which the Tribunal on 25 May directed a technical audit by BECIL. 

     

    BECIL has said Skynet’s system is not compliant with the statutory regulations. Moreover, the report endorses the allegations made by Star and records highly damaging findings against the petitioner. 

     

    The Tribunal noted that in light of these findings by BECIL, Skynet had made itself liable not only to pay damages to Star but also to face criminal proceedings.

  • TDSAT directs Star India not to disconnect signals to NSTPL

    TDSAT directs Star India not to disconnect signals to NSTPL

    NEW DELHI: Star India has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) not to disconnect signals to Noida Software Technology Park Ltd (NSTPL) provided the latter makes an on-account payment of Rs 1 crore within one month.

     

    TDSAT chairman Justice Aftab Alam, and members Kuldip Singh and B B Srivastava while admitting the petition by NSTPL made it clear “that this payment is without prejudice to the rights and contentions of the parties.”

     

    Star India was directed to file reply within two weeks. Additionally, a rejoinder, if any, may be filed within one week from the date of receipt of a copy of the reply.

     

    The matter was directed to be heard along with a similar petition which is directed to be listed on 7 August.

  • TDSAT directs Ambala MSO to clear arrears of Rs 72 lakh due to MSM Discovery

    TDSAT directs Ambala MSO to clear arrears of Rs 72 lakh due to MSM Discovery

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has allowed a petition by MSM Discovery for recovery of Rs 71.60 lakh from Ambala Communication, Haryana, which is outstanding dues on account of subscription fees.

     

    TDSAT chairman Justice Aftab Alam and member Kuldip Singh decided the matter ex parte as no one appeared on behalf of the Ambala MSO.

     

    The parties had entered into a subscription agreement dated 7 July, 2010 for a period from 1 April, 2010 to 31 December, 2010. It was stated that the agreement would be automatically renewed on the same terms and conditions provided therein for successive years starting from 1 January and ending on 31 December of the following year unless terminated.

     

    The agreement between the parties was on a subscriber base of 3523, for which subscription fees of Rs 5,55,357 exclusive of taxes (Rs 6,12,498 with taxes) was to be paid.

     

    Following a petition by the MSO in January 2012 asking for reconciling the accounts and for directions to MSM not to impose channels which the MSO did not want, TDSAT had said that the ends of justice would be served if the subscriber base was kept at 6000. (It had been contended by MSM during the hearing that the MSO had entered into an agreement with the Star group of channels at a subscriber base of 10,000).

     

    In the present petition filed by MSM last year, it was contented that in accordance with the directions of the Tribunal, it had raised invoices on the respondent at a reduced monthly subscription fees of Rs 3,72,599 exclusive of taxes (Rs 4,18,652 with taxes) but the MSO continuously defaulted in paying the due subscription fees despite numerous reminders and requests from the petitioner. 

     

    Ultimately, MSM served a notice dated 13 March, 2013 and finally deactivated the signals of the MSO on 17 May, 2013.