ITV

Category: TDSAT

  • TDSAT gives Kamyab TV 2 weeks to submit payment schedule to govt

    TDSAT gives Kamyab TV 2 weeks to submit payment schedule to govt

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has granted further two weeks’ time to Kamyab Television Pvt Ltd for submitting a time schedule for payment of the admitted dues to Union of India and Antrix TV.

    Kamyab TV had asked for an extension of time to clear the dues in the last hearing as well, which was duly granted by the tribunal. However, TDSAT in its latest order has cleared that any further time in the matter will be allotted on appropriate costs.

    The next hearing of the case is now scheduled on 9 August.

    Kamyab TV had moved TDSAT earlier this year against Union of India, as the space allotted to it on INSAT-4A was de-activated in February 2017 i.e. about two years back for dues of approximately Rs 5 crore as alleged by the Union of India. The former quoted the due amount to be Rs 3.89 crore and expressed its desire to pay the dues in installments.

    Following that, Kamyab TV also filed another application in TDSAT asking Antrix to issue a NOC so that it may be able to avail the Space Segment Service Agreement from the authorised service provider, which was denied by the latter on the grounds of non-payment of entire admitted dues.

    Kamyab Television had submitted that only Rs 1 crore could be arranged and paid immediately to Antrix for urgent issue of NOC and on when it will resume the business, the rest dues will be cleared off from its earnings.

    TDSAT had noted that Kamyab Television Pvt Ltd’s offer of an upfront payment of Rs. 1  crore for NOC is not good enough unless it provides a specific time schedule for the payment of the entire admitted dues of Rs. 3.98 crores approximately only.  

    Kamyab TV had asked for a short adjournment for instructions and, if possible, to submit a reasonable time schedule for payment of the admitted dues, which was granted. In the last hearing, Kamyab TV asked for additional time to set the schedule, which was also granted.

  • Dish TV withdraws petition against SPN from TDSAT

    Dish TV withdraws petition against SPN from TDSAT

    MUMBAI: The ongoing tussle between Dish TV India Ltd and Sony Pictures Network India, in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), has settled with the former withdrawing its petition filed last year against certain clauses in terms and conditions of pre-NTO RIO as published by the broadcaster, on the basis of non – discrimination.

    Dish TV had moved TDSAT in Februrary 2018 challenging the subsisting RIO agreement which was entered into on 1 December 2017 without prejudice to its rights to challenge the clauses of RIO terms as communicated to SPN India vide letter dated 8 November 2017.

    Accepting Dish TV’s appeal to withdraw the petition, TDSAT noted in its order, “It is not in dispute that the parties have entered into a fresh agreement under the new regime on account of Regulations of 2017. In view of such developments, learned counsel for the petitioner (dish TV) submits that challenge by the petitioner to the terms of earlier RIO of the respondents has become academic and, therefore, the petition may be permitted to be withdrawn with liberty to the petitioner that if an occasion arises, it will be free to challenge the terms of new RIO of the respondents.”

    The tribunal clarified that Dish TV will be at liberty to raise its claim or seek relief through an appropriate proceeding in accordance with law if it has any any grievance in future.

  • TDSAT directs Independent TV to provide Rs 12 cr as bank guarantee to restore signals from Antrix

    TDSAT directs Independent TV to provide Rs 12 cr as bank guarantee to restore signals from Antrix

    MUMBAI: In a further development to the Independent TV v/s Antrix Corporation Ltd case, the former has been asked by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to either pay Rs 5.83 crore along with a bank guarantee of Rs 6 crore or furnish a bank guarantee of Rs 12 crore to the latter to get its connection restored. The case has been set for further hearing on 7 August.

    Antrix had disconnected the signals of the DTH service-provider on 12 June due to its inability to meet financial conditions and had encashed the Rs 15 crore bank guarantee given by Independent TV post the last hearing in the case.

    Independent TV had filed an MA requesting the tribunal to direct Antrix to reconnect the signals as well as to enter into a long-term lease agreement with the petitioner since it has now received the required licence by the Ministry of Information and Broadcasting on certain conditions and the licence is valid till 31 December 2019.

    TDSAT noted that negotiations for a long-term lease agreement will take some time and some financial conditions must be established so as to secure the payment of the latest invoice raised by Antrix towards arrears which are Rs 5.83 crore.

    As contested by Antrix, the dues for a month of consumption would create a further liability of around Rs 5 crore and therefore, Independent TV should either pay the arrears forthwith or furnish bank guarantees for not less than the amounts indicated above i.e. around Rs 11 crore.  According to the submissions, the best case would be to direct the petitioner to furnish bank guarantee so as to cover the three months of space segment charges.

    “Considering that the petitioner (Independent TV) has been facing financial difficulties which led to disconnection as already noted, we are of the view that resumption of facilities in favour of the petitioner should be made available only on petitioner either paying the amount of Rs 5.83 crore along with a bank guarantee of Rs 6 crore or on furnishing a bank guarantee of Rs 12 crore valid for at least two months.  As soon as the petitioner complies with this part and furnishes the bank guarantee or makes the payment, respondent no. 1 (Antrix) shall reconnect the signals,” said TDSAT in its order.

    It further added, “Since the main prayer of the petitioner is a direction to Antrix to enter into a long term lease agreement, we direct both the parties to enter into negotiations so that a final decision in this regard may be taken at an early date, preferably within four weeks from the date of resumption of supply of signals. It goes without saying that if a long-term lease agreement is executed, the respondents will be protected by the financial conditions for the same.  In case a long-term lease agreement is not executed within the said period, the respondent no. 1 should disclose the reasons through an affidavit to be filed by the next date.  Necessary interim orders for payments etc. may be reconsidered on the next date.”

  • TDSAT directs BECIL to conduct re-audit of Skynet’s systems in Uttar Pradesh

    TDSAT directs BECIL to conduct re-audit of Skynet’s systems in Uttar Pradesh

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked BECIL to re-conduct the audit of the head end of Skynet Digital Service Pvt Ltd in the state of Uttar Pradesh. The decision has been taken on the request of Sony Pictures Networks (SPN) India Pvt Ltd, who on several grounds has been denying the MSO to cover the whole of the north Indian state. The interim order in this regard, in favour of Skynet, will stand functional till the next hearing that has been scheduled for 11 April 2019.

    Skynet had moved TDSAT with the matter last year stating that there was stiff opposition from broadcasters, including Zee Entertainment and Star India Pvt Ltd along with SPN, when it went ahead to extend its area of operation to the whole of Uttar Pradesh.

    Responding to the case, BECIL had conducted an audit of the head end of the MSO in January 2018 and then again in August 2018.  It was found that Skynet’s system was compliant with the necessary regulations. While the other two broadcasters stood satisfied with the output, SPN was granted the permission to conduct its own audit of the MSO’s systems.

    The audit was conducted in February last year and the report was submitted to the MSO in the month of April. Skynet filed its response to the report in July 2018.

    However, in the latest hearing SPN highlighted a series of issues in Skynet’s system based on its audit, which the latter stated were not incorporated in the earlier audit report submitted to it. The MSO also alleged that SPN is acting in collusion with Den Networks Ltd, which is its competitor in the state.

    SPN stated that though it had entered into an agreement with it as per the interim direction of this tribunal, it is bent upon raising one or the other grievance in the name of audit only to please Den Networks Ltd.

    The three major complaints raised by SPN against Skynet are: “Package Alternation Logs not provided from all the three CAS. Historical package channel composition not provided from two of the CAS; On analysing the package-wise channel composition as per the three CAS and SMS, differences were observed in the channel composition of CAS and SMS; On analysing the package-wise channel composition as per the three CAS and SMS, differences were observed in the channel composition of CAS and SMS.”

    As per details, three SPN channels namely, Animax, Sony Aath, and Tez were to be found only in SMS but not in CAS. The broadcaster thus had requested the tribunal that either it should be permitted to conduct the further audit or the three major areas of concern highlighted earlier may be referred to BECIL for its scrutiny, analysis, and opinion.

    Skynet though refuted all the claims made against it by SPN. It has stated that it has no qualms in BECIL conducting an audit of its systems again.

    The tribunal thus noted, “BECIL shall be at liberty to do whatever is required for giving a firm opinion in respect of the three issues noted above and to record its opinion whether the Skynet Digital Service Pvt Ltd’s head-end and system is regulation compliant, particularly, in view of the three allegations noted above. It will be for BECIL to decide what materials are relevant and whether fresh materials are required or not.  The cost of this exercise to be done by BECIL shall be met by the respondent (Sony Pictures Networks India Pvt Ltd), broadcaster for the present. It is expected that BECIL shall submit a report within six weeks.”

  • JPR Channel approaches TDSAT against TRAI directive on landing page

    JPR Channel approaches TDSAT against TRAI directive on landing page

    MUMBAI: Joining the league of Bennett Coleman and Company Ltd (BCCL) and All India Digital Cable Federation (AIDCF), multi system operator (MSO) JPR Channel has challenged the landing page directives of Telecom Regulatory Authority of India (TRAI) as per its new tariff order. The MSO is worried that the decision might impact its revenue.

    TRAI, in December last year, had barred all broadcasters and distributors of TV channels from placing any registered TV channel whose rating is being measured on the landing page or the boot-up screen. BCCL and AIDCF had challenged the order in Telecom Disputes Settlement and Appellate Tribunal (TDSAT), a few days after the announcement of the order.

    TDSAT has listed all the three matters for hearing on 12 March 2019. It has also asked TRAI to provide a copy of the reply in the other appeal to JPR. JPR can then file a rejoinder within 10 days.

  • TDSAT permits Harvest TV to be renamed Tiranga TV

    TDSAT permits Harvest TV to be renamed Tiranga TV

    MUMBAI: Veecon Media and Broadcasting Pvt Ltd has been granted interim relief by Telecom Disputes Settlement Appellate Tribunal (TDSAT) permitting it to use the name ‘Tiranga TV’ for its news and current affairs channel that is currently called ‘Harvest TV’

    Confirming the news, Veecon Media and Broadcasting chairman Deepak Choudhry told Indiantelevision.com, “Such relief from TDSAT could not have come at more appropriate time, when M/s Harvest Television Network Pvt Ltd, who claims to own the trade mark for ‘Harvest TV’, has filed suit against Veecon before the District Court at Thiruvananthapuram for restraining Veecon from using the name and logo, which has any resemblance with the name ‘Harvest TV’. Veecon had permission from the I&B Ministry to use the name and logo ‘Harvest TV’ and had been pursuing its case with the I&B Ministry for the change of name since September 2017. Finally, today it has succeeded is getting a change of name to ‘Tiranga TV’.”

    However, the Kapil Sibal-backed channel will not be using the three colours of the national flag in its logo, pertaining to the fact that it might be against the relevant provisions of 1950 Act and Flag Code, 2002. TDSAT said in its order, “Without expressing any final opinion on the issue noticed above, we are of the considered view that the name Tiranga itself is not covered by the Schedule of 1950 Act nor is subject matter of Flag Code.  However, this may not strictly apply to the use of the three colors which is there in the emblem of Tiranga TV.”

    It added, “We are also aware that petitioner (Veecon Media and Broadcasting Pvt Ltd) itself had opted for some other name in the interregnum but during submissions,  it has been highlighted that change of name may adversely affect the reputation, goodwill and business of the petitioner, and hence Mr Sibal has submitted that the petitioner voluntarily undertakes not to use the colors on the name and logo but simply use the words “Tiranga TV”, as submitted in its application.  In other words, he has offered that petitioner will not use the colors saffron and green in the name and logo of Tiranga TV until the issue is finally decided as per the orders of this Tribunal or otherwise in accordance with law.”

    On a relevant note, Kerala-based Christian devotional channel Harvest TV, owned by Bibi George Chacko, had earlier accused Veecon of ‘riding on the goodwill and reputation of Harvest TV’ by using its name and logo, the permission for which was granted for only two years that, which expired on 31 January 2018. Responding to the claim Veecon asserted that Chacko can get the issue decided only through an appropriate court or authority. TDSAT had given Veecon the permission to use the name Harvest TV for its channel till further orders.  

  • TDSAT gives govt 10 days to respond to Harvest TV name change petition

    TDSAT gives govt 10 days to respond to Harvest TV name change petition

    MUMBAI: Telecom Disputes Settlement Appellate Tribunal (TDSAT), on 30 January, granted 10 days’ time to the government to reply to a broadcasting petition filed by Veecon Media and Broadcasting Pvt Ltd, stating that the government has been ignoring its request to change the name and logo of Congress leader Kapil Sibal-backed Harvest TV, which it had made in September 2017.

    The government had requested time to share details of ‘some show cause notices’ that have been ‘issued to Veecon Media and Broadcasting Pvt Ltd in respect of its shareholding as well as the use of the name “Harvest TV” for its channel’ and other ‘relevant facts’.

    The tribunal has directed that till further orders, Veecon can run its news and current affairs channel under the same name, without any hindrance. The next hearing of the case has been scheduled for 5 March 2019.

    The decision comes just a day after Sibal accused the government of creating a hindrance for Harvest TV stating that the centre is trying to stifle the voice of dissent.

    Presenting its case in front of TDSAT, Veecon had also shared that a show cause notice that was served to it on 29 January supports the apprehension that there may be strong efforts to prevent it from using the name “Harvest TV” and on account it may be prevented from running its TV channel under that name. It mentioned, “The respondent (Union of India) has not taken note of petitioner’s (Veecon’s) application filed for a change of name and logo of its channel to Tiranga TV”.

    Kerala-based Christian devotional channel Harvest TV, owned by Bibi George Chacko, had earlier accused Veecon of ‘riding on the goodwill and reputation of Harvest TV’ by using its name and logo, the permission for which was granted for only two years that, which expired on 31 January 2018. Responding to the claim Veecon asserted that Chacko can get the issue decided only through an appropriate court or authority.

  • TDSAT to hear Sony-Tata Sky audit case on 23 January

    TDSAT to hear Sony-Tata Sky audit case on 23 January

    MUMBAI: Accepting the joint plea made by Sony Pictures Networks India Pvt. Ltd. and Tata Sky Ltd, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has listed the hearing of the broadcasting petition filed by the former on 23 January 2019.

    SPN had sought an order allowing it to conduct an on-ground technical and commercial audit of Tata Sky’s systems in the month of October this year. It had also asked Tata Sky to cooperate in the audit process and ‘provide unhindered access’ to its systems, given that the latter had signed a RIO agreement in 2004 with Taj TV India Pvt. Ltd., which is now a part of SPN, conceding the right to hold audit in favor of the broadcaster.

    Tata Sky in response had claimed that the said regulations are not acceptable in the light of another RIO agreement that was executed between the parties on 29 September 2018 and became effective from 1 October 2018.  

    It had said that it is “not opposed to the holding of an audit by an independent auditor but it is opposed to applicant’s having unhindered access to many other information and data relating to products of other broadcasters”. It requested that an independent authority, such as BECIL, should conduct the audit and also objected to some clauses in the agreement on the ground that they will encroach upon its right to keep certain information confidential.

    In the previous hearing, on 27 November 2018, TDSAT had ordered both the parties to allow BECIL to conduct the audit at an early date, preferably within two weeks, in accordance with the requirement of regulation keeping the concern of SPN in view.

  • TDSAT gives 30 days to Tata Sky, IndiaCast to sign agreement

    TDSAT gives 30 days to Tata Sky, IndiaCast to sign agreement

    MUMBAI: Direct to home (DTH) operator Tata Sky and TV18-owned content distributor IndiaCast Media have got another 30 days from the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to enter into a content agreement under the ongoing legal spat between the two regarding a disconnection notice.

    TDSAT has ordered that the parties should enter into an agreement either on negotiated terms or on RIO terms within a further period of 30 days.  The interim orders passed earlier continue till next date.

    The matter has been posted under the same head on 22 January 2019.

    This is the second time that Tata Sky and IndiaCast Media have asked for an extension to decide on a content agreement from TDSAT. During the earlier hearing in October, the parties had asked for more time to settle on an agreement. TDSAT had given them an additional 30 days notice to settle the matter.

    Tata Sky had moved to TDSAT against the disconnection notice issued by IndiaCast, citing non-signing of the agreement, in September. The DTH operator had then sought an extension of the agreement, whose term had expired on 31 July, to be operative for a further period of three months.

    The tribunal had directed the parties to either arrive at a negotiated agreement otherwise they must enter into an RIO based agreement in accordance with the regulations.

  • TDSAT asks SPN, Tata Sky to reach an agreement in 4 weeks

    TDSAT asks SPN, Tata Sky to reach an agreement in 4 weeks

    MUMBAI: The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has heard the case on the recent commercial dispute between Sony Pictures Networks India (SPN) and Tata Sky on a failed negotiation. TDSAT heard the case on 11 October and advised the parties to take four weeks to try and reach a mutually acceptable negotiated agreement. Moreover, it also rejected the relief sought by Sony Pictures Networks seeking Tata Sky to carry all its channels.

    “The other interim prayer is to direct the parties to enter into negotiations for a period of at least four weeks. The prayer is with a view to enable the parties to enter into fresh negotiations so as to arrive at a mutually acceptable agreement based on negotiations,” the tribunal said. Even if required, the parties may seek extension of this period as per the order.

    SPN issued a disconnection notice to leading DTH platform Tata Sky on 7 September which was followed by a public notice on 10 September. Following the development, the latter proposed a RIO based agreement effective 30 September midnight for 10 channels only out of which just two channels was accepted by the former.

    Dushyant  Dave,  learned  senior  counsel  appearing  on  behalf  of  the SPN   raised   the  grievance   that  Tata Sky  has  not  been  fair   to  those customers   and   subscribers  who  were   earlier   viewing  the  channels   of  the petitioner  because  it  required  the  viewers   to  give  a  missed  call  on  a  given number  in case  they  wanted  to  view  the  relevant  channel  even  out  of  the  10 channels  selected  by the respondent.

    Kapil Sibal, on behalf of Tata Sky, submitted that if SPN was guided by consumer interest it would not have given a notice of disconnection while the parties had been negotiating renewal of the previous contract of Rs 800 crore. The court also noted that SPN asked for Rs 1700 crore even after losing the IPL rights to Star.

    “On a careful perusal of the relevant materials noted above,  we are of the view that now when the parties are being governed by terms of petitioner's RIO for which respondent has sent its acceptance and such agreement is effective from 01.10.2018 after notice to the viewers and subscribers,  it would not be in the interest of justice or equity to grant any interim relief so as to reintroduce the old agreement even for a period of four weeks as per the interim prayer,” the tribunal said after hearing both the parties.