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Category: TDSAT

  • Free Jio: TDSAT reserves order on appeal for stay

    MUMBAI: Telecom tribunal TDSAT has reserved its decision on an interim appeal seeking a stay on Reliance Jio’s free promotional offer. TDSAT reserved its order after hearing all the parties concerned including the incumbent operators Idea Cellular, Bharti Airtel, Jio and the regulator TRAI. Jio, however, maintained that it did not violate any tariff orders in giving out two promotional offers.

    Separately, Vodafone India had moved the Delhi High Court blaming TRAI to be acting as a mute spectator to Jio’s violations of regulations and IUC norms.

    Before TDSAT, Airtel had sought a stay on TRAI’s sanction to Jio to continue with the free promotional offer. Airtel had also alleged that TRAI is “perpetuating illegality” by allowing the 4G entrant to game the IUC regime by allowing Jio to offer free data and voice services. Idea had subsequently moved the tribunal.

    Both had also requested for a direction to TRAI to furnish records related to the authority’s decision. The appeal had also appealed for restraining Jio from offering its consumers the zero tariff plan and other promotional offers.

    Jio commercially launched on 5 September 2016 with inaugural free services, which it extended in December till 31 March, 2017.

    The regulator had on 31 January, 2017, said that Jio’s free plans were not the violation of the regulatory guidelines on promotional offers. It added that its examination found that the 4G entrant’s ‘Happy New Year Offer‘ launched on 4 December, 2016, is different from the Welcome Offer, thereby it could not be treated as an extension of the promotional offer as the benefits were different.

    Jio will now however start charging its customers for its mobile services from 1 April, 2017. The telco had also launched 10 Prime packs of users that join the network before 31 March, 2017, and had also launched a buy one get one free offer for Jio Prime users.

  • Jio offers: TDSAT gives TRAI time to explain

    Jio offers: TDSAT gives TRAI time to explain

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked the Telecom Regulatory Authority of India (TRAI) to clarify whether Reliance Jio Infocomm’s offers — Happy New Year offer and Welcome offer — are aligned with the letter and spirit of the tariff order.

    TDSAT asked TRAI to provide an explanation on whether the provision of the two Jio offers as well as their implementation follow Telecom Consumers Protection Regulation. TRAI is expected to file its response by 15 February before TDSAT takes a decision possibly on next hearing on 20 February.

    The tribunal has asked TRAI to explain whether Jio’s two offers are at variance. TRAI has also been been told to explain whether Jio had informed its subscribers that the two offers were non-similar and whether it took the ‘subscriber’s approval’. 

    TRAI had stated that Jio’s New Year offer was not violative of the principles of non-discrimination, interlinked rule compliance and was non-predatory. TRAI recently gave a go-ahead to Jio’s free mobile voice calling and data plan on the condition that the scheme is not a violation of the guidelines on promotional offers.

    On 4 December 2016, Jio launched Happy New Year offer which was distinct from its earlier Welcome Offer and could not be treated as an extension of the earlier promotional offer as the benefits were different. Bharti Airtel and Idea Cellular had petitioned TDSAT for allowing Jio to continue its promotional offer for over 90 days.

    Jio spokesperson however said that Airtel’s intention was to divert attention from its own violation of licensing conditions by denying PoIs to Jio. Airtel was also acting against consumer interest by opposing Jio’s ‘free voice’ benefit. All Jio plans had been found to be non-predatory by TRAI, Jio stated.

    Also Read:

    TRAI allowing Jio to contravene rules, Airtel files affidavit in TDSAT

    Idea petitions TDSAT against TRAI; price war set to escalate

  • TDSAT recalls attachment proceedings against MSO Sadhna Media

    TDSAT recalls attachment proceedings against MSO Sadhna Media

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has recalled its order of attachment of properties of Sadhna Media Pvt Ltd after Siti Cable Network Ltd confirmed that the demand draft of Rs 26,87,793 handed over to it last month was in full and final settlement of a case pending since 2013.

    Consequently members B B Srivastava and A K Bhargava also disposed of the execution application.

    Sadhna Group is a media and broadcast business conglomerate, running multiple television channels and engaged in varied businesses of media, education, advertising, medical, mining and aviation, based in New Delhi.

    Siti Networks Limited (Siti Cable Network) is a part of the Essel Group, which is one of India’s leading business houses with a diverse portfolio. Being India’s one of the most prominent multi-system operators (MSO), Sit is reaching a billion people.

    In an order on 17 January 2017, the tribunal also directed that District Judge, Central District, Tis Hazari, Delhi, and District Judge, Gautam Budh Nagar, Noida, UP, may be informed about this order.

    The tribunal had passed the attachment order on 8 September 2016 after it was informed that despite an agreement on 22 April 2014, the MSO had failed to make any payment to Siti Cable. The details of the case can be had from the TDSAT website.

    Following this, the tribunal had asked Siti Cable on 30 April 2014 to withdraw its petition. However, Siti Cable filed a fresh application last year seeking attachment of the properties of the MSO — Sadhna Media.

    The evolution of the Sadhna Group can be traced to its beginning in 1977 as a small advertising agency. Apart from audio-visual programming and broadcasting, the group has varied business interests in the allied areas of television media – Sadhna/Sadhna News/Ishwar channels, advertising – print/outdoor, etc.

    It was in September, 2016, an execution application (E.A.) was filed by the petitioner decree holder, Siti Cable Network, for realisation of the decretal amount of Rs.18,53,650/- in terms of order of the tribunal dated 30.4.2014.

    Siti Cable Network and the respondent judgement debtor Sadhna Media Pvt. Ltd. concluded a settlement agreement before the Mediation Centre of the TDSAT on 22.4.2014. The terms of the settlement were as under: That it has been agreed by and between the parties that the respondent shall pay an amount of Rs. 18,53,650/- to the petitioner in full and final settlement of all dues. That the above amount shall be paid by the respondent in six equal monthly installments of Rs.3,08,942/- each commencing from 30 April, 2014, by way of a cheque/demand draft.

  • TDSAT recalls attachment proceedings against MSO Sadhna Media

    TDSAT recalls attachment proceedings against MSO Sadhna Media

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has recalled its order of attachment of properties of Sadhna Media Pvt Ltd after Siti Cable Network Ltd confirmed that the demand draft of Rs 26,87,793 handed over to it last month was in full and final settlement of a case pending since 2013.

    Consequently members B B Srivastava and A K Bhargava also disposed of the execution application.

    Sadhna Group is a media and broadcast business conglomerate, running multiple television channels and engaged in varied businesses of media, education, advertising, medical, mining and aviation, based in New Delhi.

    Siti Networks Limited (Siti Cable Network) is a part of the Essel Group, which is one of India’s leading business houses with a diverse portfolio. Being India’s one of the most prominent multi-system operators (MSO), Sit is reaching a billion people.

    In an order on 17 January 2017, the tribunal also directed that District Judge, Central District, Tis Hazari, Delhi, and District Judge, Gautam Budh Nagar, Noida, UP, may be informed about this order.

    The tribunal had passed the attachment order on 8 September 2016 after it was informed that despite an agreement on 22 April 2014, the MSO had failed to make any payment to Siti Cable. The details of the case can be had from the TDSAT website.

    Following this, the tribunal had asked Siti Cable on 30 April 2014 to withdraw its petition. However, Siti Cable filed a fresh application last year seeking attachment of the properties of the MSO — Sadhna Media.

    The evolution of the Sadhna Group can be traced to its beginning in 1977 as a small advertising agency. Apart from audio-visual programming and broadcasting, the group has varied business interests in the allied areas of television media – Sadhna/Sadhna News/Ishwar channels, advertising – print/outdoor, etc.

    It was in September, 2016, an execution application (E.A.) was filed by the petitioner decree holder, Siti Cable Network, for realisation of the decretal amount of Rs.18,53,650/- in terms of order of the tribunal dated 30.4.2014.

    Siti Cable Network and the respondent judgement debtor Sadhna Media Pvt. Ltd. concluded a settlement agreement before the Mediation Centre of the TDSAT on 22.4.2014. The terms of the settlement were as under: That it has been agreed by and between the parties that the respondent shall pay an amount of Rs. 18,53,650/- to the petitioner in full and final settlement of all dues. That the above amount shall be paid by the respondent in six equal monthly installments of Rs.3,08,942/- each commencing from 30 April, 2014, by way of a cheque/demand draft.

  • Star India, Dhru Lucky settle case; TDSAT petition withdrawn

    Star India, Dhru Lucky settle case; TDSAT petition withdrawn

    NEW DELHI: The dispute between Dhru Lucky Enterprise Pvt Ltd and Star India about renewal of lapsed agreements has been resolved and the multi-system operator has withdrawn its petition in the Telecom Disputes Settlement and Appellate Tribunal.

    Members B B Srivastava and A K Bhargava have dismissed the petition as withdrawn after counsel for both parties said the matter had been settled amicably.

    Early last year, the Tribunal had asked Dhru to file an affidavit clarifying that it will not transfer its movable or immovable properties to anyone while its case against Star India is pending. This was done for clarifying the relationship of Dhru and GTPL Hathway.

    Dhru Lucky had filed a petition in October 2014 against Star India seeking renewal of lapsed agreements. Subsequently, the Tribunal stayed disconnection notices issued to Dhru Lucky by its orders of 12 November and 18 November that year. Dhru thereafter received enjoyed signals within the areas mentioned in the lapsed agreements.

    However, Star India alleged that Dhru had been resorting to rampant piracy. In an order of 16 April 2015, Dhru gave an undertaking that it would confine its operation within the areas mentioned in the lapsed agreements.

    Subsequently, Star filed a contempt application against Dhru on the grounds that, in breach of the undertaking contained in order dated 16 April 2015, it went beyond the areas mentioned in the lapsed agreements.

    Dhru was directed on 19 May 2015 to clearly explain on affidavit the circumstances under which it was operating in Vapi, which is beyond the areas mentioned in the lapsed agreements. Dhru had on 28 May 2015 told the Tribunal that it had assigned its network at Vapi and Daman to some other entity, and that, it no longer wishes to carry on with its MSO business.

    Following that order, it was directed to file an affidavit as to its assignment to some other entity. On 17 July 2015, it filed another affidavit where Dhru mentioned that TDSAT had been apprised on 28 May 2015 about GTPL Hathway taking over Dhru’s cable business in its entirety.

    Star India, in response, pleaded that Dhru was indulging in piracy even on 23 July 2015. Subsequently, GTPL-Hathway was impleaded in the petition as it appeared that Dhru had assigned its business to the distributor.

    TDSAT had on 1 March 2016 directed Dhru MD Sureshbhai Jagubhai Patel to be present in person. He was also directed to produce the instrument under which Dhru was said to have transferred its LCO business to GTPL-Hathway.

    Also Read

    Clarify status with Star India, TDSAT asks Canara Star

     

  • Star India, Dhru Lucky settle case; TDSAT petition withdrawn

    Star India, Dhru Lucky settle case; TDSAT petition withdrawn

    NEW DELHI: The dispute between Dhru Lucky Enterprise Pvt Ltd and Star India about renewal of lapsed agreements has been resolved and the multi-system operator has withdrawn its petition in the Telecom Disputes Settlement and Appellate Tribunal.

    Members B B Srivastava and A K Bhargava have dismissed the petition as withdrawn after counsel for both parties said the matter had been settled amicably.

    Early last year, the Tribunal had asked Dhru to file an affidavit clarifying that it will not transfer its movable or immovable properties to anyone while its case against Star India is pending. This was done for clarifying the relationship of Dhru and GTPL Hathway.

    Dhru Lucky had filed a petition in October 2014 against Star India seeking renewal of lapsed agreements. Subsequently, the Tribunal stayed disconnection notices issued to Dhru Lucky by its orders of 12 November and 18 November that year. Dhru thereafter received enjoyed signals within the areas mentioned in the lapsed agreements.

    However, Star India alleged that Dhru had been resorting to rampant piracy. In an order of 16 April 2015, Dhru gave an undertaking that it would confine its operation within the areas mentioned in the lapsed agreements.

    Subsequently, Star filed a contempt application against Dhru on the grounds that, in breach of the undertaking contained in order dated 16 April 2015, it went beyond the areas mentioned in the lapsed agreements.

    Dhru was directed on 19 May 2015 to clearly explain on affidavit the circumstances under which it was operating in Vapi, which is beyond the areas mentioned in the lapsed agreements. Dhru had on 28 May 2015 told the Tribunal that it had assigned its network at Vapi and Daman to some other entity, and that, it no longer wishes to carry on with its MSO business.

    Following that order, it was directed to file an affidavit as to its assignment to some other entity. On 17 July 2015, it filed another affidavit where Dhru mentioned that TDSAT had been apprised on 28 May 2015 about GTPL Hathway taking over Dhru’s cable business in its entirety.

    Star India, in response, pleaded that Dhru was indulging in piracy even on 23 July 2015. Subsequently, GTPL-Hathway was impleaded in the petition as it appeared that Dhru had assigned its business to the distributor.

    TDSAT had on 1 March 2016 directed Dhru MD Sureshbhai Jagubhai Patel to be present in person. He was also directed to produce the instrument under which Dhru was said to have transferred its LCO business to GTPL-Hathway.

    Also Read

    Clarify status with Star India, TDSAT asks Canara Star

     

  • Jio HNY: TDSAT raps TRAI as contest deepens

    Jio HNY: TDSAT raps TRAI as contest deepens

    MUMBAI: Telecom tribunal TDSAT has ordered the Telecom Regulatory Authority of India (TRAI) to take a stand on Reliance Jio’s free 4G offer in reasonable time. A tribunal bench, comprising A K Bhargava and B B Srivastava, heard arguments of both sides — TRAI and Airtel — and posted the matter for 1 February, PTI reported.

    Meanwhile, other telecom operators in the country are scrambling to catch up. 

    The new TDSAT order came while hearing a petition filed by Bharti Airtel, against TRAI decision allowing Reliance Jio to continue with its promotional offer beyond the stipulated 90 days, alleging that the regulator acted as “a mute spectator” to violations. 

    Reliance Jio earlier chose not to respond to queries regarding its reply to TRAI that was expected on 29 December in connection with questions raised against alleged violations in extending its free offer till 31 March 2017 much beyond its introductory offer. After two emailed queries and phone calls from indiantelevision.com, Jio chose not to respond.

    Airtel had filed a petition before TDSAT accusing TRAI of being ‘sleeping trustee’ to the violations carried out by Jio. In the petition, Airtel had alleged that TRAI had “erroneously” concluded that since Jio’s promotional offer of free services was only valid till 3 December, it is consistent with the direction for 90 days.

    Jio, in a meeting with TRAI, had reportedly said that the latest offer was different from the previous offer as, in the former, the company provided 4GB of free data per day, but in the latter case, it restricted the free internet up to 1GB under Fair Usage Policy. Jio also stressed the fact that in the new offer if the data limit was exhausted, then one had to buy recharge vouchers, which was not the case in the initial offer.

    Meanwhile Airtel and Idea offered free data to woo 4G users eventually deepening the telecom price war.  Bharti said it would offer three gigabytes of free 4G data per month until the end of the year for customers who switch to some of its plans from other carriers and to existing customers who upgrade to 4G by 28 February. Idea Cellular is reportedly going to offer unlimited free data to topple Jio and Airtel’s plans. Idea, which ranks third in Indian telecom ranking, will now come up with new 4G data packs with an extended validity of up to one and half years. BSNL has also started offering unlimited free calls for six months at Rs 144. Vodafone and BSNL too have come up with cheaper plans.

    Also read:   TRAI violations query: Reliance Jio mum on ‘response’

  • Jio HNY: TDSAT raps TRAI as contest deepens

    Jio HNY: TDSAT raps TRAI as contest deepens

    MUMBAI: Telecom tribunal TDSAT has ordered the Telecom Regulatory Authority of India (TRAI) to take a stand on Reliance Jio’s free 4G offer in reasonable time. A tribunal bench, comprising A K Bhargava and B B Srivastava, heard arguments of both sides — TRAI and Airtel — and posted the matter for 1 February, PTI reported.

    Meanwhile, other telecom operators in the country are scrambling to catch up. 

    The new TDSAT order came while hearing a petition filed by Bharti Airtel, against TRAI decision allowing Reliance Jio to continue with its promotional offer beyond the stipulated 90 days, alleging that the regulator acted as “a mute spectator” to violations. 

    Reliance Jio earlier chose not to respond to queries regarding its reply to TRAI that was expected on 29 December in connection with questions raised against alleged violations in extending its free offer till 31 March 2017 much beyond its introductory offer. After two emailed queries and phone calls from indiantelevision.com, Jio chose not to respond.

    Airtel had filed a petition before TDSAT accusing TRAI of being ‘sleeping trustee’ to the violations carried out by Jio. In the petition, Airtel had alleged that TRAI had “erroneously” concluded that since Jio’s promotional offer of free services was only valid till 3 December, it is consistent with the direction for 90 days.

    Jio, in a meeting with TRAI, had reportedly said that the latest offer was different from the previous offer as, in the former, the company provided 4GB of free data per day, but in the latter case, it restricted the free internet up to 1GB under Fair Usage Policy. Jio also stressed the fact that in the new offer if the data limit was exhausted, then one had to buy recharge vouchers, which was not the case in the initial offer.

    Meanwhile Airtel and Idea offered free data to woo 4G users eventually deepening the telecom price war.  Bharti said it would offer three gigabytes of free 4G data per month until the end of the year for customers who switch to some of its plans from other carriers and to existing customers who upgrade to 4G by 28 February. Idea Cellular is reportedly going to offer unlimited free data to topple Jio and Airtel’s plans. Idea, which ranks third in Indian telecom ranking, will now come up with new 4G data packs with an extended validity of up to one and half years. BSNL has also started offering unlimited free calls for six months at Rs 144. Vodafone and BSNL too have come up with cheaper plans.

    Also read:   TRAI violations query: Reliance Jio mum on ‘response’

  • Clarify status with Star India, TDSAT asks Canara Star

    Clarify status with Star India, TDSAT asks Canara Star

    NEW DELHI: Canara Star Communications Pvt. Ltd Karnataka, which has a long-pending dispute with Star India with regard to payments, has been given one more opportunity by the Telecom Disputes Settlement and Appellate Tribunal to reply to an affidavit of 23 March 2016 by the broadcaster alleging there was no entity of the name of the MSO on the website of the Corporate Affairs Ministry.

    Canara Star was given one more week from 20 December 2016 to file its affidavit, and Star India was permitted to respond to the affidavit if it so desired.

    Members B B Srivastava and A K Bhargava put up the matter for further hearing on 20 January 2017.

    The Tribunal said: “It is seen that the affidavit which has been filed by Canara Star is not prima facie in conformity with the directions given by the Tribunal on 18 December 2015.

    Canara Star had originally come before the Tribunal against disconnection notices by Star India as for default in payment. One of the grounds on which the disconnection notice was challenged was that another MSO had started operating in those areas and, as a result, the petitioner’s subscriber base had gone down substantially and the petitioner had been making request for downgradation of its subscriber base and consequently a reduction in the fixed fee payable by it as monthly subscription fee.

    As there appeared to be some substance in the petitioner’s grievance, and, on a joint request, the matter was referred to the Mediation Centre. The Tribunal was informed that, before the Mediation Centre could intervene, the parties were able to arrive at some understanding in regard to Kumta and Bhatkal areas but Canara Star was also getting signals from Star India for transmission in the DAS area of Bangalore and there too the MSO happened to be in default in payment of the subscription fees.

    Star India wanted a comprehensive settlement that should cover both analogue and digital areas covering Bangalore also.

    Canara, which has allegedly sold its business to another MSO called All Digital, was to produce its deed of transfer of establishment to All Digital which was made a party in the petition filed by Star India.

    Earlier this year, Canara Star had been asked by the TDSAT to present a payment schedule to Star India to settle their dispute.

    However, then chairman Justice Aftab Alam and members — Kuldip Singh and B B Srivastava accepted the plea by Star India counsel Arjun Natarajan that this schedule should not come in the way of its requirement to furnish a guarantee. Earlier, on 4 February, the Bench had granted a week’s time to Canara Star represented by Counsel Tushar Singh, to furnish a guarantee.

    In terms of the earlier order of 14 January, the directors of Canara Star were present in person before TDSAT on 29 January.

    In the hearing in third week of December, the Tribunal had asked Canara Star to intimate Star India whether it admits the SMS reports submitted by the broadcaster for the period 2014 to January 2015.

    The common order by the Tribunal on three petitions including one by Star India against Canara Star claiming recovery dues of around Rs 3 crore pertaining to the MSO’s operations in DAS area of Bangalore said this was subject to the two parties failing to arrive at a final settlement.

    Also read:

    Canara Star asked by TDSAT to pay Star India Rs 18.91 lakh subject to final outcome of dispute

  • Clarify status with Star India, TDSAT asks Canara Star

    Clarify status with Star India, TDSAT asks Canara Star

    NEW DELHI: Canara Star Communications Pvt. Ltd Karnataka, which has a long-pending dispute with Star India with regard to payments, has been given one more opportunity by the Telecom Disputes Settlement and Appellate Tribunal to reply to an affidavit of 23 March 2016 by the broadcaster alleging there was no entity of the name of the MSO on the website of the Corporate Affairs Ministry.

    Canara Star was given one more week from 20 December 2016 to file its affidavit, and Star India was permitted to respond to the affidavit if it so desired.

    Members B B Srivastava and A K Bhargava put up the matter for further hearing on 20 January 2017.

    The Tribunal said: “It is seen that the affidavit which has been filed by Canara Star is not prima facie in conformity with the directions given by the Tribunal on 18 December 2015.

    Canara Star had originally come before the Tribunal against disconnection notices by Star India as for default in payment. One of the grounds on which the disconnection notice was challenged was that another MSO had started operating in those areas and, as a result, the petitioner’s subscriber base had gone down substantially and the petitioner had been making request for downgradation of its subscriber base and consequently a reduction in the fixed fee payable by it as monthly subscription fee.

    As there appeared to be some substance in the petitioner’s grievance, and, on a joint request, the matter was referred to the Mediation Centre. The Tribunal was informed that, before the Mediation Centre could intervene, the parties were able to arrive at some understanding in regard to Kumta and Bhatkal areas but Canara Star was also getting signals from Star India for transmission in the DAS area of Bangalore and there too the MSO happened to be in default in payment of the subscription fees.

    Star India wanted a comprehensive settlement that should cover both analogue and digital areas covering Bangalore also.

    Canara, which has allegedly sold its business to another MSO called All Digital, was to produce its deed of transfer of establishment to All Digital which was made a party in the petition filed by Star India.

    Earlier this year, Canara Star had been asked by the TDSAT to present a payment schedule to Star India to settle their dispute.

    However, then chairman Justice Aftab Alam and members — Kuldip Singh and B B Srivastava accepted the plea by Star India counsel Arjun Natarajan that this schedule should not come in the way of its requirement to furnish a guarantee. Earlier, on 4 February, the Bench had granted a week’s time to Canara Star represented by Counsel Tushar Singh, to furnish a guarantee.

    In terms of the earlier order of 14 January, the directors of Canara Star were present in person before TDSAT on 29 January.

    In the hearing in third week of December, the Tribunal had asked Canara Star to intimate Star India whether it admits the SMS reports submitted by the broadcaster for the period 2014 to January 2015.

    The common order by the Tribunal on three petitions including one by Star India against Canara Star claiming recovery dues of around Rs 3 crore pertaining to the MSO’s operations in DAS area of Bangalore said this was subject to the two parties failing to arrive at a final settlement.

    Also read:

    Canara Star asked by TDSAT to pay Star India Rs 18.91 lakh subject to final outcome of dispute