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Category: TDSAT

  • CAS pricing case: TDSAT sets 12 December for next hearing

    CAS pricing case: TDSAT sets 12 December for next hearing

    MUMBAI:The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has fixed 12 December as the date for next hearing in the case filed by broadcasters against the Rs 5 tariff for pay channels set by sector regulator Trai (Telecom Regulatory Authority of India) in a CAS (conditional access system) regime.

    The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has fixed 12 December as the date for next hearing in the case filed by broadcasters against the Rs 5 tariff for pay channels set by sector regulator Trai (Telecom Regulatory Authority of India) in a CAS (conditional access system) regime.

    The pay broadcasters have challenged the two Trai notifications dated 24 August (on carriage fee) and 31 August (channel pricing). They are also contesting the revenue sharing model designed for industry stakeholders by Trai. The sector regulator had specified in the notification that the revenue generated from pay channels leaves the broadcaster with 45 per cent, while the MSOs stays on with 30 per cent and the cable operators get 25 per cent.

    Earlier this year, a division bench of the Delhi High Court had passed an order directing the implementation of CAS with effect from 31 December in the south zones of the three metros – Mumbai, Delhi and Kolkata.

  • TDSAT declines stay as SET, ESPN and ESS move against CAS pricing

    TDSAT declines stay as SET, ESPN and ESS move against CAS pricing

    MUMBAI: Acting on expected lines, broadcasters have finally taken legal recourse against the Rs 5 tariff that the sector regulator had set as the price for accessing pay channels in a CAS regime.

    Three separate petitions filed against the order of the Telecom Regulatory Authority of India (Trai) by Set Discovery Ltd, ESPN Star Sports (ESS) and ESPN Software India came up for hearing this morning before the apeals tribunal.
    However, the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), which heard the case today, issued no directive to stay Trai’s order.

    A point of note is that of the three petitions that came up for hearing today, two of them were moved commonly by ESS and ESPN Software.

    TDSAT has set the matter for further argument and a possible order on 13 November. The pay broadcasters have challenged the two Trai notifications dated 24 August (on carriage fee) and 31 August (channel pricing).

    The channels have also challenged the revenue sharing model designed for industry stakeholders by Trai. The sector regulator had specified in the notification that the revenue generated from pay channels leaves the broadcaster with 45 per cent, while the multi system operators (MSOs) stays on with 30 per cent and the cable operators get 25 per cent.

    Interestingly, the two major MSOs; Hathway and Hinduja-owned IndusInd Media and Communications have intervened in the appeal in support of Trai’s decision on the CAS pricing.

    For the record, the 24 August notification had mentioned that the carriage fee is to be retained fully by MSOs and can operate throughout a CAS area without any restriction on area of operation.

    Subsequently, SitiCable Networks Ltd (now renamed WWIL) has also filed a petition at the tribunal appealing that the MSO must have a share in the basic tier services fee, which according to Trai notification must be retained fully by local cable operators.

    Earlier this year, a division bench of the Delhi High Court had passed an order directing the implementation of CAS with effect from 31 December in the south zones of the three metros; Mumbai, Delhi and Kolkata.

  • TDSAT directs Zee Sports to restore Incable feed

    TDSAT directs Zee Sports to restore Incable feed

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed Zee Turner Ltd to restore the feed of Zee Sports to Incablenet.

    Incablenet, on its part, will have to deposit a sum of Rs 2 million with the tribunal. The matter will come up for hearing again on 10 October.

    TDSAT has asked Incablenet to, meanwhile, negotiate with Zee Turner and try to conclude the subscription agreement by 10 October. If both the parties fail to conclude a mutually acceptable agreement by then, the tribunal will finally hear the matter and decide the issue.

    Zee Turner raised an apprehension that Incablenet may choose not to enter into an agreement after the DLF cricket tri-series which ends on 24 September. The MSO may get away by paying just a month’s subscription. “The TDSAT has asked us to raise the issue on 10 October, depending upon factual matrix,” says a Zee Turner spokesperson.

    Following TDSAT’s interim order today, Zee Sports will be available on Incablenet’s network in Mumbai, Delhi, Ahmedabad, Nagpur, Nashik and Baroda. For Bangalore, Incablenet already has an agreement with the sports channel.

    Incablenet had earlier moved the TDSAT, arguing that Zee Turner had not served 21-day notice before blacking out the signals of Zee Sports. Zee Turner, which distributes Zee Sports, had submitted its reply yesterday.

    Zee Sports, which has the exclusive rights to the DLF tri-series, has been asking several cable operators to enter into commercial agreements for carrying the pay channel on their networks. The sports channel is priced at Rs 10 a month per subscriber.

  • TDSAT dismisses Radio Mid Day plea for uniform frequency

    TDSAT dismisses Radio Mid Day plea for uniform frequency

    MUMBAI: Radio Mid Day’s hopes of retaining its well known 92.5 MHz frequency hit a wall today after the sector regulator TDSAT dismissed its plea against the government’s decision to withdraw it. 

    The “big” beneficiary of the tribunal’s decision is the Anil Dhirubhai Ambani Group (ADAG)-controlled Adlabs’ Big FM, which has been alloted the 92.7 MHz frequency, as part of its unified frequency regime, to broadcast from 44 radio stations across India. 

    Radio Mid-Day, which manages Radio One (formerly known as Go 92.5 FM), has been broadcasting in Mumbai for around four and a half years on 92.5 FM. This frequency band has grown to be the brand identification, according to Radio Mid Day.

    But, Tdsat observed, “The importance of brand name of the broadcaster cannot be underestimated, particularly, in view of the provision in the “channel identity” clause which talks of brand name of the broadcaster. Frequency is not part of the brand name of the petitioner. The petitioner got its brand name changed, which was not objected to by the government. Petitioner’s (Radio Mid Day) popularity is through its brand name. It cannot insist on having a particular frequency number.”

    Despite refusing to shift to 94.3 MHz, the brand Radio One is already broadcasting on this freqeuncy in Bangalore and Delhi. Tdsat pointed out that nobody makes any gain from the Radio Mid Day being shifted to another frequency. Rather it in the interest of Radio Mid Day that it will have same frequency i.e. 94.3 FM for all the cities for which it has broadcasting licence except Ahmedabad for which petitioner makes no grievance, highlights Tdsat.

    Interestingly, the adovcate fighting the case on behalf of Adlabs had mentioned that Radio Mid Day has to change its earlier allocated frequency in any case because of the non-availability of 92.5 MHz at all.

    This case has been fought over last two weeks. Radio Mid-Day had questioned the granting of 92.7 frequency to Big FM in Mumbai despite the norms of having a difference of at least 0.8 frequency between two stations. Radio Mid-Day had in fact first approached TDSAT seeking a uniform frequency for all its six radio stations across the country, but the government allotted different frequencies to it.

    The information and broadcasting ministry had earlier allocated 94.3 frequency to Mid Day Group for Radio One in Mumbai and other cities except in Ahemabad. But the Mumbai-based company refused to switch to the new frequency asserting that 92.5 FM has grown to be its brand identification.

    How Radio Mid-Day responds to this setback remains to be seen.

  • Dish TV moves Supreme Court over Star channels’ pricing

    Dish TV moves Supreme Court over Star channels’ pricing

    MUMBAI: The country’s only private direct-to-home operator Dish TV has moved the Supreme Court seeking relief in regards to TDSAT’s (Telecom Disputes Settlement and Appellate Tribunal) recent ruling that Star India will have to distribute the signals of all its channels at half the price at which they are available to cable operators.

    Dish TV, in its petition filed yesterday before the apex court, has sought further modifications in the price rate for accessing Star channels.

    The petition spells out that Dish TV is open to the offer that Star India had come up with in the year 2002 for all the Star channels. According to the Dish plea, the offer then was that all the Star channels will be made available to Dish TV subscribers at one-fourth the rate at which they are available to cable operators.

    While issuing its order last Friday, TDSAT had said, “We have no basis to lay down the actual rates per channel, which we feel is the prerogative of Trai. However, to begin with, we feel that 50 per cent of the rates being charged for cable platform be made applicable to the DTH platform.”

    The ball is now in Star India’s court on how t

  • Zee scrip gains following TDSAT verdict

    Zee scrip gains following TDSAT verdict

    MUMBAI: Sector regulator TDSAT’s direction to Star India, to make available all its channels to Dish TV, today boosted Zee Telefilms’ fortunes on the bourses.

    The Zee Tele scrip recorded a gain of 5.49 per cent on the Bombay Stock Exchange (BSE), up by Rs 13.70 to close at Rs 269.70, after hitting an intra-day high of Rs 272.15 early on.

    At the National Stock Exchange (NSE), Zee went up by Rs 14.05, to close at Rs 269.85. The prices have almost touched Zee’s 52 week high of Rs 273.9 (BSE) and Rs 274.85 (NSE). This is the highest level the scrip has reached in the last one month.

    BSE saw Zee Telefilms recording a volume trade of 1,709,876, while, at the NSE the volume traded stood at 1,978,618.

    In an order passed this morning, TDSAT, while directing the sector regulator to set a benchmark for channel prices for DTH services, said that Star channels should be available to Dish TV at half the price at which they are available to cable operators. The reason for this, according to TDSAT, is that DTH is an addressable system where loss of revenue down the value chain is negligible if not zero.

  • TDSAT to Star: give channels to Dish TV

    TDSAT to Star: give channels to Dish TV

    MUMBAI: In another 15 days time, all Star channels may well be made available to the country’s only private direct-to-home operator Dish TV.

    Subhash Chandra’s DTH service Dish TV has won a favourable judgment from by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in this regard. As per the tribunal’s directive, Star India will have to distribute the signals of all its channels to Dish TV.

    In an order passed this morning, TDSAT, while directing the sector regulator to set a benchmark for channel prices for DTH services, said that Star channels should be made available to Dish TV at half the price at which they are available to cable operators.

    The reason for this, according to TDSAT, is that DTH is an addressable system where loss of revenue down the value chain is negligible if not zero.

    An interpretation of this observation on rates would mean that all Star channels (comprising bouquets I & II) will cost Dish TV Rs 27 exclusive of taxes, as against the cable operators paying Rs 54 per subscriber/per month.

    While issuing the order, which had been kept reserved since 5 July when arguments concluded, TDSAT said, “We have no basis to lay down the actual rates per channel, which we feel is the prerogative of Trai. However, to begin with, we feel that 50 per cent of the rates being charged for cable platform be made applicable to the DTH platform.”

    Reacting to the developments, a jubilant Zee Telefilms vice-chairman and Dish TV business head Jawahar Goel said, “The verdict vindicates our position. We will be sending a letter to Star by tomorrow requesting them to conclude an agreement for their channels.” Everybody should respect the law of the land, Goel added.

    Said a Star India spokesperson, “We have received the judgment of the TDSAT in the matter of ASC Enterprises vs. Star India Pvt. Ltd. earlier today and we are now in the process of examining it in detail.

    “The judgment comes at an opportune time as we believe it will help in clearing the air on a number of critical areas that impact addressable systems in general and DTH in particular and will be a positive impetus to their development. However, it appears to us that there may be some specific areas within the judgment that will require further clarification.

    “Our intention is to seek clarification on these areas at the earliest opportunity and make a response accordingly. Star has been and will continue to be an active supporter of all addressable platforms and will work with them to ensure that the viewer’s interests are best served.”

    Interestingly, TDSAT has also said that no minimum guarantee needs to be given by Dish TV for the Star channels and the payments would be made on actual number of subscribers.

    It directed Dish to submit a list of subscribers from the subscriber management system (SMS) every month to Star — a model that TDSAT said would be applicable to all DTH operators entering into commercial deals with broadcasters.

    Respondent Star had pointed out that the minimum guarantee requirement is an internationally prevalent norm in the DTH industry as it incentivizes the DTH operator to ensure higher subscribers.

    TDSAT, in its order has said that in case of any denial of the signals, the DTH operator may approach the tribunal for further relief.

    For the record, Chandra’s ASC Enterprises, which holds a DTH licence, had moved TDSAT alleging that Star India was delaying making available its channels in breach of a regulatory order that states all content should be made available to all platform on a non-discriminatory basis.

  • SC grants interim stay in Fame Adlabs entertainment tax issue

    SC grants interim stay in Fame Adlabs entertainment tax issue

    MUMBAI: The Supreme Court has granted an interim stay in the case pertaining to past entertainment tax dues on Fame Adlabs, which is owned by Swanston Multiplex Cinemas Pvt.Ltd.

    Admitting the plea filed by Swanston against an interim order by Mumbai High Court in the case of collection of entertainment tax the Supreme Court bench comprising Arijit Pasayat and SH Kapadia passed the stay order.

    In February 2006, the Mumbai High Court had passed an interim order directing Swanston to deposit Rs 19.8 million of entertainment tax.

    Challenging the High Court’s order Swanston today pleaded that it had not violated any norms pertaining to entertainment tax exemptions.