ITV

Tag: Abhishek Malhotra

  • Sun given option to disconnect signals of Hyderabad MSO on non-payment of dues

    Sun given option to disconnect signals of Hyderabad MSO on non-payment of dues

    NEW DELHI: Sun Distribution Services Pvt. Ltd has been given the option of disconnecting the signals to multisystem operator Lifestyle Communication of Hyderabad for not clearing its dues.

     

    The Telecom Disputes Settlement and Appellate Tribunal said that it was satisfied that the MSO did not deserve any more indulgence as it had failed to make the payments as directed by the Tribunal. The Tribunal therefore recalled its restraint direction to Sun Distribution issued on 6 May and 4 September when time was given to the MSO against the petitioner. 

     

    However, the Tribunal said Sun Distribution must restore the supply of its signal to the MSO as soon as it receives the payment of the last installment in terms of the order passed on 6 May and also on clearance of the dues of licence fees for the current months.   

     

    The order came on a recovery petition filed by Sun Distribution for realization of its dues of licence fee. 

     

    Since a substantial amount of dues was admitted, the Tribunal had said on 6 May that the MSO will make an on-account payment to Sun of the sum of Rs One crore towards arrears for the analogue GHMC area for the period April 2014 to March 2015. “The payment shall be made in six equal monthly installments and shall also carry interest at the rate of 14 percent per annum. The interest will be computed from the dates, the payments became due till the dates of actual payment. In addition, the respondent shall also pay to the petitioner, monthly subscription fee for the aforesaid area at the rate of Rs 7 lakh per month”. 

     

    The Tribunal had been informed that the last installment payable by 31 October has fallen in default.   Sun Counsel Abhishek Malhotra said the MSO had also defaulted in making payment of the monthly licence fees and the licence fees for the months of October and November had not been paid.

  • TDSAT permits LCO to seek TV signals directly from distributor

    TDSAT permits LCO to seek TV signals directly from distributor

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has said that SRE Digital Cable Communications is entitled in law to ask Sun TV for supply of signals directly despite the fact that it has been receiving these signals from another multi system operator (MSO).

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said however that this is subject to the operator satisfying the conditions mandated in the Regulations.

     

    Listing the matter for 21 December, the Tribunal said, “It will be open to Sun Distribution Services Pvt Ltd to make an inspection of the LCO’s system and to be satisfied that it is compliant with the regulatory norms.”

     

    On the next date, the LCO’s counsel Sujeet Kumar Mishra will also produce the invoices of A.C.T. Digital with the materials showing that payments are duly made against those invoices.

          

    The Tribunal also noted that the area in which the petitioner is operating is to come under the DAS regime in the third phase from 1 January, 2016. “It is, therefore, reasonable to assume that the petitioner would have a digital head-end in place. As a matter of fact, Mr. Mishra states that such is the position and the petitioner is capable of retransmitting any signals, including those received from SUN in digital mode.”

     

    However, it said that Sun could not be denied the request to examine the systems.

     

    In pursuance of the order passed on 29 October, Sun counsel Abhishek Malhotra filed an affidavit stating that the petitioner is receiving Sun’s signals from A.C.T. Digital. 

     

    Mishra admitted to the Tribunal that the petitioner had been receiving Sun’s signals from A.C.T. Digital from the month of November 2015. “Evidently, the earlier statements made on behalf of the petitioner were not correct,” the Tribunal noted.

  • Calculate FM migration fee on reserve price for cities with no bids: TDSAT

    NEW DELHI: The Information and Broadcasting (I&B) Ministry was today directed to take the reserve price as the bid amount for computation of the non-refundable One Time Migration Fee (NOTMF) for migrating from Phase II to Phase III of Radio FM in cities where no successful bids had come in the recent e-auction.

     

    According to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), all FM channels of Phase II in these cities, which had applied for migration to Phase III will pay this amount within three working days of receiving the computed figure.

     

    Stressing that this was only an interim measure, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava made it clear that in case the petition failed, the applicants would have to payment the balance of the NOTMF with interest within the date specified by the Tribunal.

     

    Listing the matter for further hearing on 26 November, the Tribunal asked the Ministry represented by counsel Rajeev Sharma to file its reply by 13 November and the petitioner – Association of Radio Operators in India (AROI) represented by counsel Abhishek Malhotra – to file rejoinder – if any – by 20 November.

     

    The Tribunal had yesterday extended the last date of payment of 75 per cent balance of NOTMF till today.

     

    AROI has challenged the criteria for NOTMF for migrating from Phase II to Phase III of Radio FM.

     

    The primary plea of AROI is that the I&B Ministry is charging very high fee for smaller cities for NOTMF.

     

    During arguments, Malhotra said that the plea taken by the Ministry for the cities, which were put up for auction but failed to get successful bids was erroneous. The Ministry had reiterated the plea of the Telecom Regulatory Authority of India (TRAI) that the final prices for allocation of channels in such cities have not been determined.

     

    Malhotra said that existing Phase II FM operators in these cities who wanted to migrate had to be told the NOTMF they could pay for migration.

     

    Earlier in a letter to I&B secretary Sunil Arora, TRAI secretary Sudhir Gupta rejected the plea of AROI in this regard with regard to ten cities for which no bids had come in the recent e-auctions.

     

    Gupta said the AROI had in its representation “assumed zero percent increase in reserve prices for 10 group Z cities where auction was unsuccessful as no bids were received. This assumption of AROI is not tenable as the final prices for allocation of channels in such cities have not been determined.”

     

    He added that AROI had indicated another two concerns in respect of calculation of NOTMF by the Ministry. In the first case wherein example of Shimla is given by AROI, the methodology followed by MIB is in line with TRAI’s recommendations of 20 February, 2014, as this has been explained in an example given in a table of TRAI’s recommendations on “Migration of FM Radio Broadcasters from Phase-11 to Phase-III” dated 20 February, 2014.

     

    Accordingly, the request of AROI for review of NOTMF on this ground is not acceptable, Gupta said.

     

    The letter was in response to a letter from the Ministry of 8 October wherein the Ministry has sought TRAI’s comments on the methodology used by I&B Ministry for calculation of NOTMF for existing cities and to confirm whether it has done calculation of city wise NOTMF in accordance with the TRAI’s recommendations of 20 February, 2014.

     

    Gupta said TRAI had examined the methodology of calculation of NOTMF followed by the Ministry for group X, Y and Z cities. “The methodology followed by the Ministry for calculation of NOTMF is in accordance with TRAI’s recommendations dated 20 February, 2014.”

  • Commercial and non-commercial subscribers should have different tariff under DAS: IBF

    Commercial and non-commercial subscribers should have different tariff under DAS: IBF

    NEW DELHI: The Indian Broadcasting Foundation (IBF) has said that the Digital Addressable System (DAS) tariff order was violative of Article 14 of the Constitution as it equated ‘equals with unequals.’

     
    Abhishek Malhotra told the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that the stand taken by the Telecom Regulatory Authority of India (TRAI) was also contrary to the stand taken by it over the last 10 years.
    He said that commercial subscribers could not be charged at the same rate as other subscribers who received television signals in their homes.

     
    The bench was hearing the petition by IBF challenging the DAS tariff order issued in July by TRAI relating to commercial subscribers.

     
    In the tariff order, TRAI had said that commercial establishments who do not specifically charge its clients/guests on account of providing/showing television programmes and offer such services as part of amenities are to be treated like ordinary subscribers wherein the charges would be on per television basis.

     
    In cases where commercial subscribers specifically charge its clients/guests on account of providing/showing television programmes the tariff would be as mutually agreed between the broadcaster and the commercial subscriber.

     
    TRAI had also said that the commercial subscriber was to obtain television service only from a distribution platform operator (MSO/DTH Operator/IPTV operator/HITS operator).

     
    The tariff order amendment has been brought out as per the directions of the Supreme Court. It is expected that with the coming into force of these changes in the regulatory framework, the distribution of TV services to the commercial subscribers would be streamlined and the services would be available to them at competitive rates.

     

  • TDSAT to hear petition challenging TRAI’s DAS tariff relating to commercial subscribers on 5 December

    TDSAT to hear petition challenging TRAI’s DAS tariff relating to commercial subscribers on 5 December

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) will hear on 5 December the petition by the Indian Broadcasting Foundation (IBF) challenging the DAS tariff order issued in July by the Telecom Regulatory Authority of India (TRAI) relating to commercial subscribers.

     
    When the issue came up in the Tribunal, counsel Abhishek Malhotra who represents the IBF said he needed time to file a rejoinder to the reply filed by TRAI following a notice in this regard in September.

     
    In the tariff order, TRAI had said commercial establishments who do not specifically charge its clients/guests on account of providing/showing television programmes and offer such services as part of amenities are to be treated like ordinary subscribers wherein the charges would be on per television basis.

     
    In cases where commercial subscribers specifically charge its clients/guests on account of providing/showing television programmes the tariff would be as mutually agreed between the broadcaster and the commercial subscriber.
     

    TRAI had also said that the commercial subscriber was to obtain television service only from a distribution platform operator (MSO/DTH Operator/IPTV operator/HITS operator).

     
    The tariff order amendment has been brought out as per the directions of the Supreme Court. It is expected that with the coming into force of these changes in the regulatory framework, the distribution of TV services to the commercial subscribers would be streamlined and the services would be available to them at competitive rates.

     

  • Ad cap: Petitions to be heard on 21 Oct by TDSAT

    Ad cap: Petitions to be heard on 21 Oct by TDSAT

    NEW DELHI: So it looks like the Sony Entertainment Television network’s position on the ad cap situation seems right – at least for now. It was announced today that all matters challenging the issues relating to the ad cap sought to be implemented by the Telecom Regulatory Authority of India (TRAI) will be heard by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on 21 October.

    After hearing counsel Abhishek Malhotra and other counsel, TRAI assured TDSAT that it will not take any coercive action against any more television channels including New Delhi-based E24 run by E 24 Glamour and Chennai-based Polimer Media’s channel, among others.

    The counsel for TRAI told TDSAT that an anomalous situation had been created with some channels having accepted the ad cap with effect from today, 1 October. It was therefore requested that the matter be resolved once and for all.

    Last week, TRAI had given a similar order in the case of Mastiii (owned by TV Vision, Mumbai), B4U, 9X Media, M Tunes HD and Music Xpress.

    Earlier, TDSAT had accepted a similar petition by the News Broadcasters Association (NBA) which challenged the constitutional validity of the regulations of TRAI enforcing the ad cap. That petition had been listed for hearing on 11 November but will be heard along with the others.

    The Tribunal had earlier said that while the channels will maintain weekly records of the advertising time per hour, they will not be required to submit this to the regulator. Unlike the current practice, the records will only be submitted to TDSAT at the time of the hearing of the case.

    At that time, Counsel A J Bhambani for the NBA had said that a delegation of the Indian Broadcasting Foundation (IBF) had submitted a formula to the regulator but that did not preclude the broadcasters from challenging the validity of the regulations.
    He also said that this was only a compromise reached between the broadcasters and the regulator and could not form the basis of penal action since it was not a regulation or legal provision.