Category: TDSAT

  • Mavis to restore Jaya signals to Asianet in October: TDSAT

    Mavis to restore Jaya signals to Asianet in October: TDSAT

    NEW DELHI: Mavis Satcom Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal to restore the connection to Asianet Satellite Communication Ltd from 1 October 2016.

    Before that, Mavis and Asianet will sign the interconnect agreement, member B B Srivastava said in his directive of 19 September 2016.

    Listing the matter for 18 October, the Tribunal however made clear that this would be without prejudice to the rights and contentions of either party.

    The Tribunal was informed by the Mavis that the Jaya TV signals are now being supplied only on HD format and according ot Mavis’ communication to the Telecom Regulatory Authority of India, the rate is Rs 40 per subscriber per month. With regard to other three channels – Jaya Plus, JMOVIE and JAYAMAX – the rates of Mavis as per existing published RIO are Rs 1.68, Rs 2 .52 and Rs 2.52 respectively per subscriber per month.

    Mavis counsel Meet Malhotra submitted that their RIO is under updation and would be published on their website soon.

  • Mavis to restore Jaya signals to Asianet in October: TDSAT

    Mavis to restore Jaya signals to Asianet in October: TDSAT

    NEW DELHI: Mavis Satcom Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal to restore the connection to Asianet Satellite Communication Ltd from 1 October 2016.

    Before that, Mavis and Asianet will sign the interconnect agreement, member B B Srivastava said in his directive of 19 September 2016.

    Listing the matter for 18 October, the Tribunal however made clear that this would be without prejudice to the rights and contentions of either party.

    The Tribunal was informed by the Mavis that the Jaya TV signals are now being supplied only on HD format and according ot Mavis’ communication to the Telecom Regulatory Authority of India, the rate is Rs 40 per subscriber per month. With regard to other three channels – Jaya Plus, JMOVIE and JAYAMAX – the rates of Mavis as per existing published RIO are Rs 1.68, Rs 2 .52 and Rs 2.52 respectively per subscriber per month.

    Mavis counsel Meet Malhotra submitted that their RIO is under updation and would be published on their website soon.

  • TDSAT rules in favour of broadcaster against MSO

    TDSAT rules in favour of broadcaster against MSO

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has reiterated that failure to collect fees from subscribers is not sufficient ground for any multi-system operator or distributor for non-payment of earlier dues or monthly subscription to a broadcaster.

    Member B B Srivastava agreed with an earlier TDSAT order on 6 October 2014 quoted by Taj TV counsel Upender Thakur which is the respondent in the petition filed by Manthan Broadband Service Pvt Ltd.

    The Tribunal in Petition No. 144(C) of 2014 (Sun Distribution Services Pvt. Ltd. vs Digicable Network (lndia) Pvt Ltd.) had observed:

    “To my mind, the failure to collect from the ground is not a sufficient justification for not making payment to the broadcaster its earlier dues and the current monthly license fees in time.”

    After hearing counsel for both sides, TDSAT extended by 10 days the time given to Manthan to clear its dues to Taj TV ‘by way of one time indulgence.’

    Also read:   VXL and linked LCOs barred from receiving signals from any other MSO

    Also read:   TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

  • TDSAT rules in favour of broadcaster against MSO

    TDSAT rules in favour of broadcaster against MSO

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has reiterated that failure to collect fees from subscribers is not sufficient ground for any multi-system operator or distributor for non-payment of earlier dues or monthly subscription to a broadcaster.

    Member B B Srivastava agreed with an earlier TDSAT order on 6 October 2014 quoted by Taj TV counsel Upender Thakur which is the respondent in the petition filed by Manthan Broadband Service Pvt Ltd.

    The Tribunal in Petition No. 144(C) of 2014 (Sun Distribution Services Pvt. Ltd. vs Digicable Network (lndia) Pvt Ltd.) had observed:

    “To my mind, the failure to collect from the ground is not a sufficient justification for not making payment to the broadcaster its earlier dues and the current monthly license fees in time.”

    After hearing counsel for both sides, TDSAT extended by 10 days the time given to Manthan to clear its dues to Taj TV ‘by way of one time indulgence.’

    Also read:   VXL and linked LCOs barred from receiving signals from any other MSO

    Also read:   TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

  • VXL and linked LCOs barred from receiving signals from any other MSO

    VXL and linked LCOs barred from receiving signals from any other MSO

    NEW DELHI: VXL Digital has been restrained by the Telecom Disputes Settlement and Appellate Tribunal from receiving signals from Indian Cable Net Company Ltd or any other MSO.

    In a petition filed by VXL against Star India, TDSAT member B B Srivastava also restrained ICNCL and other MSOs from supplying signals to the petitioner and shareholder LCOs.

    TDSAT said the alleged arrangement of migration to another MSO by continuation of the use for facility of CAS and SMS on the previous MSO “appears prima-facie unusual and not in consonance with interconnect regulations”.

    However, TDSAT, in its order of 14 September 2016, said VXL will be at liberty to move an application for vacation and I or modification of the restraint order.

    Star India counsel Saurabh Srivastava submitted that, through an affidavit, it had been clearly admitted by VXL that nine local cable operators who are shareholders in VXL are receiving signals from ICNCL, and VXL had agreed to extend the facility of CAS and SMS for ensuring uninterrupted services to the consumers.

    It was also mentioned that their shareholder LCOs would be transferring shares of VXL to ICNCL to overcome any roadblock. This arrangement had been agreed to by the petitioner company in the letter of 28 July 2016.

    Also read:  TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

  • VXL and linked LCOs barred from receiving signals from any other MSO

    VXL and linked LCOs barred from receiving signals from any other MSO

    NEW DELHI: VXL Digital has been restrained by the Telecom Disputes Settlement and Appellate Tribunal from receiving signals from Indian Cable Net Company Ltd or any other MSO.

    In a petition filed by VXL against Star India, TDSAT member B B Srivastava also restrained ICNCL and other MSOs from supplying signals to the petitioner and shareholder LCOs.

    TDSAT said the alleged arrangement of migration to another MSO by continuation of the use for facility of CAS and SMS on the previous MSO “appears prima-facie unusual and not in consonance with interconnect regulations”.

    However, TDSAT, in its order of 14 September 2016, said VXL will be at liberty to move an application for vacation and I or modification of the restraint order.

    Star India counsel Saurabh Srivastava submitted that, through an affidavit, it had been clearly admitted by VXL that nine local cable operators who are shareholders in VXL are receiving signals from ICNCL, and VXL had agreed to extend the facility of CAS and SMS for ensuring uninterrupted services to the consumers.

    It was also mentioned that their shareholder LCOs would be transferring shares of VXL to ICNCL to overcome any roadblock. This arrangement had been agreed to by the petitioner company in the letter of 28 July 2016.

    Also read:  TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

  • TDSAT orders Asianet systems’ audit in dispute with Taj TV

    TDSAT orders Asianet systems’ audit in dispute with Taj TV

    NEW DELHI: The Broadcast Engineering Consultants (India) Ltd (BECIL) has been directed by the Telecom Disputes Settlement and Appellate Tribunal to carry out commercial audit of the system of Asianet Satellite Communication Ltd following its miscellaneous application against Taj TV Pvt Ltd.

    Tribunal member B B Srivastava said in his order of 6 September that a report should be submitted within four weeks taking into account the concerns raised by Taj TV and the reply of the petitioner. Taj TV will bear the cost subject to final adjudication by the tribunal regarding the responsibility for payment of the cost of audit.

    Hearing on this application has been listed for 18 October, 2016.

    The order came after Asianet counsel Shirin Khajuria submitted that her client had reservations to the contentions by Taj TV in its reply and that these were mala fide. She said her client was not averse to the audit by BECIL.

    With reference to another pending application, Taj TV was directed to file its reply within a week. Taj TV Counsel Upender Thakur submitted that he would make available in a sealed cover to the tribunal documents enumerated in para 6 of that application within the same period. This application will be heard on 20 September, 2016.

    Khajuria also submitted that Taj TV may be directed to file on oath all the documents and information as mentioned in para 6 of this second application with a view to ensure supply of signals on non- discriminatory and reasonable basis in the State of Karnataka.

  • TDSAT orders Asianet systems’ audit in dispute with Taj TV

    TDSAT orders Asianet systems’ audit in dispute with Taj TV

    NEW DELHI: The Broadcast Engineering Consultants (India) Ltd (BECIL) has been directed by the Telecom Disputes Settlement and Appellate Tribunal to carry out commercial audit of the system of Asianet Satellite Communication Ltd following its miscellaneous application against Taj TV Pvt Ltd.

    Tribunal member B B Srivastava said in his order of 6 September that a report should be submitted within four weeks taking into account the concerns raised by Taj TV and the reply of the petitioner. Taj TV will bear the cost subject to final adjudication by the tribunal regarding the responsibility for payment of the cost of audit.

    Hearing on this application has been listed for 18 October, 2016.

    The order came after Asianet counsel Shirin Khajuria submitted that her client had reservations to the contentions by Taj TV in its reply and that these were mala fide. She said her client was not averse to the audit by BECIL.

    With reference to another pending application, Taj TV was directed to file its reply within a week. Taj TV Counsel Upender Thakur submitted that he would make available in a sealed cover to the tribunal documents enumerated in para 6 of that application within the same period. This application will be heard on 20 September, 2016.

    Khajuria also submitted that Taj TV may be directed to file on oath all the documents and information as mentioned in para 6 of this second application with a view to ensure supply of signals on non- discriminatory and reasonable basis in the State of Karnataka.

  • Don’t disconnect signals to part-paying MSO, ZEEL directed

    Don’t disconnect signals to part-paying MSO, ZEEL directed

    NEW DELHI: Zee Entertainment Enterprises Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal not to disconnect the signals to Seven Star Dot Com Pvt Ltd provided the latter keeps paying the monthly subscription on the basis of invoices raised.

    Listing the matter for further hearing on 16 September, the tribunal member B B Srivastava, on 2 September 2016, said that the Tribunal had been informed by Seven Star counsel Naveen Chawla that a sum of Rs 50 lakh had been paid by his client as an on-account payment.

    The Tribunal said this payment would be without prejudice to the rights and contentions of both the parties and will be subject to the final order of the Tribunal.

    In another case, the Tribunal adjourned to 21 September 2016 a matter by Hathway Cable and Datacom Ltd after the Tribunal was informed that Pragya Vision Pvt Ltd had only paid two cheques of Rs 1 lakh and Rs 10,000 against the demand of Rs 94,11,572. Adjourning the matter, the Tribunal directed that the Managing Director of Pragya Vision – who was present – will be present on the next date as well. The counsel for Pragya said his client would submit an affidavit about the schedule of payments.

    In a third case the same day, INX News Pvt Ltd Mumbai counsel Nittin Bhatia informed the Tribunal that four instalments of the payments due to Manthan Broadband of Kolkata had been made. But, the matter was put off to 13 September 2016 as Mathan counsel Anurup Narula wanted time to respond to the reply to its miscellaneous application filed by INX.

  • Don’t disconnect signals to part-paying MSO, ZEEL directed

    Don’t disconnect signals to part-paying MSO, ZEEL directed

    NEW DELHI: Zee Entertainment Enterprises Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal not to disconnect the signals to Seven Star Dot Com Pvt Ltd provided the latter keeps paying the monthly subscription on the basis of invoices raised.

    Listing the matter for further hearing on 16 September, the tribunal member B B Srivastava, on 2 September 2016, said that the Tribunal had been informed by Seven Star counsel Naveen Chawla that a sum of Rs 50 lakh had been paid by his client as an on-account payment.

    The Tribunal said this payment would be without prejudice to the rights and contentions of both the parties and will be subject to the final order of the Tribunal.

    In another case, the Tribunal adjourned to 21 September 2016 a matter by Hathway Cable and Datacom Ltd after the Tribunal was informed that Pragya Vision Pvt Ltd had only paid two cheques of Rs 1 lakh and Rs 10,000 against the demand of Rs 94,11,572. Adjourning the matter, the Tribunal directed that the Managing Director of Pragya Vision – who was present – will be present on the next date as well. The counsel for Pragya said his client would submit an affidavit about the schedule of payments.

    In a third case the same day, INX News Pvt Ltd Mumbai counsel Nittin Bhatia informed the Tribunal that four instalments of the payments due to Manthan Broadband of Kolkata had been made. But, the matter was put off to 13 September 2016 as Mathan counsel Anurup Narula wanted time to respond to the reply to its miscellaneous application filed by INX.