ITV

Tag: Aftab Alam

  • TDSAT permits Star to examine MSO’s headend before signing agreement

    TDSAT permits Star to examine MSO’s headend before signing agreement

    NEW DELHI: Noting that it was a ‘fledgling multi-system operator,’ the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has said that ‘Star India cannot have any objection to give its signals on RIO terms to Akash Tori Infocom Services Pvt. Ltd.

     

    However, accepting the plea by Star India to inspect the MSO’s headend, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava asked the MSO to inform the broadcaster about the date when it can examine the headend. 

     

    The MSO had filed a petition seeking Star’s signals in digital mode on RIO terms. 

     

    Star counsel Arjun Natarajan accepted the notice on behalf of his client.

     

    Adjourning the matter for 4 November, the Tribunal asked Natarajan to inform it about the result of the headend inspection.

  • TDSAT directs Star India not to disconnect Bangalore MSO’s signals if dues received

    TDSAT directs Star India not to disconnect Bangalore MSO’s signals if dues received

    NEW DELHI: Star India has been asked not to disconnect signals to Bangalore multi system operator (MSO) Digi Hanamkonda Network India Ltd if the latter pays a provisional payment of Rs 10.5 lakh within a week as directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAY).

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava “made clear that the payment is purely provisional and on account and the rights and liabilities of the parties  will abide by the final adjudication of the petition.”

     

    The Tribunal also noted that the previous agreement between the parties had expired more than three months ago. 

     

    The MSO was accordingly directed to visit Star India’s Bangalore office in order to execute the renewal of agreement without any further delay, and the matter was put up for hearing by the Tribunal on 30 October.

     

    By an order passed on 10 July, the Tribunal had directed the MSO to pay to Star India Rs 4.7 lakh, which was due admitted by the petitioner itself. Subject to that payment, it was understood that the respondent shall not discontinue the supply of its signals.

     

    During the time the matter has remained pending before the Tribunal, the respondent’s dues against the petitioner have once again accumulated.

     

    According to Star India counsel Saurabh Srivastava, the petitioner is liable to pay to Star a sum of Rs 16.03 lakh as dues upto 31 August.

     

    Diggaj Pathak, counsel appearing for the MSO disputes the amount claimed by the respondent as due. 

     

    The last interconnect agreement between the parties was executed on 31 January. This agreement is for non-DAS areas and the agreement states the number of subscribers for each of its channels and the specific amounts payable by it for those channels.

     

    Pathak however contended that the figures of monthly licence fees mentioned in the agreement were arrived at by factoring in 15 per cent increase in the rates as allowed by the tariff order issued by TRAI, which was set aside by the Tribunal by its judgment and order dated 28 April. 

     

    The petitioner is therefore making payment of the monthly licence fee after taking off 15 per cent from the amounts mentioned in the agreement and according to Pathak, the amount of Rs 16.03 lakh as claimed by Star is the differential amount of 15 per cent.

     

    Pathak also stated that an earlier payment of Rs 3.74 lakh, made by the petitioner was wrongly credited in the account of another entity called Shri Bhadrakali Communications and that amount too should be deducted from the amount of Rs 16.03 lakh as claimed by Star.

     

    The Tribunal felt that the MSO’s claim of deducting of Rs 3.94 lakh from its dues “is rather debatable and we are not fully convinced that the petitioner is entitled to that deduction. Further, we are not satisfied that the amount claimed by Star is not based on the agreement and that it is not payable by the petitioner being the differential amount,” it said.

  • NSTPL application disposed as Govt. cancels tripartite agreements for DTH loan

    NSTPL application disposed as Govt. cancels tripartite agreements for DTH loan

    NEW DELHI: The Noida Software Technology Park Ltd (NSTPL), which is one of the two headend in the sky (HITS) players in the country, today withdrew its petition against the Government on being informed that a provision for tripartite agreement to provide loans to direct to home (DTH) operators had been cancelled.

     

    The note was produced before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) by counsel Sandeep Mahapatra of the Information and Broadcasting Ministry.

     

    According to the note issued by the Ministry, the provision had been made for financial loan or assistance in the DTH sector by assigning licence agreement as security to banks and financial institutions.

     

    This was to be done in the form of a tripartite agreement with the bank or financial institution, the operator and the government.

     

    An order to this effect had been issued by the Ministry on 3 December, 2009.

     

    The order has now come into immediate effect. 

    Tribunal chairman Aftab Alam and members Kuldip Singh and B B Srivastava said that in view of the decision of the government, which was also conveyed to NSTPL, the “application no longer survives and is accordingly disposed of.”

  • TDSAT asks Karnataka LCO body to reconcile disputes with Siti Cable

    TDSAT asks Karnataka LCO body to reconcile disputes with Siti Cable

    NEW DELHI: The Karnataka State Digital Cable TV Operators Welfare Association has been asked to visit the Bangalore offices of Siti Cable Networks to reconcile their accounts and resolve their disputes about quality of set top boxes (STBs).

     

    The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) had asked the parties in August to take their issues before a mediation centre by 30 September. It was informed today that the parties were meeting and discussing the matter bilaterally.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava listed the matter for future hearing on 9 October.

     

    It had also directed the parties in the last hearing that status quo would be maintained till this exercise is completed.

     

    Furthermore, the Tribunal said any one of the two parties were free to mention the matter before the Tribunal in case it is not satisfied with the mediation.

     

    The Karnataka Association claims to represent 269 cable operators and its counsel Nittin Bhatia claimed that the STBs were of very poor quality and was badly affecting the viewing quality of the signals supplied by Siti Cable.

     

    He said that all the cable operators who are part of the petition were willing and prepared to make payment of the monthly subscription fees at the rate of Rs 60 per month. He also stated that the cable operators are willing to have a reconciliation of accounts and if any dues are found against them at the rate of Rs 60 per month, they would clear all the dues without delay. 

     

    Bhatia said all the cable operators who are represented in the petition were willing to introduce package-based transmission as directed by the Telecom Regulatory Authority of India (TRAI), as in that case the cable operators would also be entitled to certain benefits.

     

    Siti Cabe counsel Upender Thakur said there was a dispute as to the number of cable operators involved. He also said large sums are due against the cable operators and  in any event Siti Cable is bound to follow the TRAI’s direction to introduce package-based transmission of channels. 

     

    The Tribunal said the parties should first try to resolve their disputes through mediation. It asked the mediator to try to conclude the matter expeditiously.  

  • BECIL to audit Mumbai’s Home Systems, Star directed not to disconnect signals: TDSAT

    BECIL to audit Mumbai’s Home Systems, Star directed not to disconnect signals: TDSAT

    NEW DELHI: The Broadcasting Engineering Consultants (India) Ltd (BECIL) has been directed to examine the headend of Mumbai’s Home Systems Pvt Ltd following a petition filed by it against Star India.

     

    Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) chairman Aftab Alam and members Kuldip Singh and B B Srivastava said BECIL will find out whether the Conditional Access System (CAS) and the Subscribers Management System (SMS) at the petitioner’s headend are properly integrated on the date of the audit.

     

    It would also examine, on the basis of the historical data available in the system, whether the systems were properly integrated during the period April 2014 to November 2014, when the commercial audit was made by Star.

     

    It will be open to the Star to submit to BECIL the report of its audit and the data collected from the Home System in course of the audit. Home Systems will bear the cost of the audit.

     

    It is expected that the BECIL will submit its report to the Tribunal within four weeks and so the case has been listed for 6 November.

     

    The petition had been filed by Home Systems against a disconnection notice issued by Star India based on non-payment of dues. The dues are under two heads – one relates to the licence fee and the other relates to the demand made by Star on the basis of a commercial audit of the petitioner’s headend. The licence fee dues as shown in the notice amount to Rs 56 lakh.

     

    After the notice Home Systems paid a sum of Rs 27,37,690 and according to it, the licence fee dues upto 31 August amounts to Rs 26,74,536, apart from the fee for September. 

     

    According to Star, in course of audit it was found that at the petitioner’s headend the CAS and the SMS were not properly integrated and hence, the data generated by SNS was incorrect. Home Systems disputed this.

  • Siticable resumes inadvertently disconnected signals to Bhopal LCOs

    Siticable resumes inadvertently disconnected signals to Bhopal LCOs

    NEW DELHI: Siticable Networks has apprised the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it had resumed signals, which were inadvertently disconnected, to 119 local cable operators (LCOs) from Bhopal.

     

    Siticable Networks counsel Tejveer Singh Bhatia assured the Tribunal that the supply had been resumed.

     

    The Tribunal had two days earlier directed Siticable Networks not to disconnect the supply of signals to 119 cable operators represented by the Bhopal Cable Operators’ Association.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and BB Srivastava had passed the order after a statement made by the LCO association’s counsel Nittin Bhatia that all due payments had been made.

     

    Bhatia had said the LCOs have made up-to-date payments as per the invoices issued by Siticable and continue to make payment at the rate at which invoices of June 2015 was issued.

     

    Bhatia told the Tribunal that he had the authorisation from 67 cable operators but would get these from the remaining 52 operators within a week.

     

    The Tribunal had said the status of any cable operator who is in dues will be determined on the basis of reconciliation of accounts and dues if any would be cleared within two weeks from the ascertainment of the said amount.

     

    The Tribunal had also said that the parties would be well advised to resolve their disputes through the process of mediation and directed both sides to appear before the Mediation Centre on 7 September.

     

    As was previously reported by Indiantelevision.com, the primary grievance of the Association was that the respondent was unilaterally and steadily increasing the monthly subscription fees payable by them. According to Bhatia, the cable operators paid the monthly subscription at the rate of Rs 30 per STB up to March 2013 and thereafter at Rs 60 per STB. Now the invoices being raised by the respondent are at the rate of Rs 83.11 (excluding taxes) for the package of channels supplied by it.

  • TDSAT permits Star India to verify Rajasthan MSO’s details despite BECIL report

    TDSAT permits Star India to verify Rajasthan MSO’s details despite BECIL report

    NEW DELHI: Star India has been permitted by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to send its representative to the head-end of Rajasthan Infotech Media Services Pvt Ltd for further verification despite the report of the Broadcast Engineering Consultants (India) Ltd (BECIL).

     

    The report by BECIL showed that the MSO’s systems were technically compliant with the statutory norms.

     

    However, Star India wanted to verify the correctness of the commercial details.

     

    Star India was therefore permitted by TDSAT chairperson Aftab Alam and members Kuldip Singh and BB Srivastava to obtain the commercial details, including SMS reports, from the MSO’s system for the past months.

     

    The matter has been listed for further hearing on 19 August.

  • Show DAS licence, sign interconnect deal to get Star India signal: TDSAT tells Gurgaon MSO

    Show DAS licence, sign interconnect deal to get Star India signal: TDSAT tells Gurgaon MSO

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has asked Star India to consider giving digital signals to the Gurgaon based multi system operator (MSO) Technobile Systems Network Pvt Ltd provided the latter produces its digital addressable system (DAS) licence and enters into an interconnect agreement.

     

    Passing this directive on a petition by Technobile, TDSAT chairman Justice Aftab Alam said, “It is hoped and expected that in terms of this order the parties shall execute the interconnect agreement and Technobile shall start receiving the Star signals not later than a week from today (15 July).”
     

    Technobile is already receiving Star signals in analogue mode in the municipal areas of Sultanpur, Faizabad, Unnao and Khalilabad. 

     

    The MSO now wants Star’s signals in digital mode in 17 areas (including the above mentioned four areas). 

     

    Star told the Tribunal that it was willing to give its signals to the petitioner in digital mode provided the petitioner produces its DAS licence and enters into interconnect agreement with Star to take its signals at RIO rates and terms.

     

    On execution of the interconnect agreement, Technobile will cease to get signals from Star in analogue mode in the four areas as indicated in the order of the Tribunal of 29 May this year, and consequently shall not be liable to make any payment for analogue signals.

     

    In case Technobile wants Star’s signals in addition to the areas as enumerated in its petition, Star will consider its request in accordance with law and in terms as recorded in this.

  • TDSAT gives Star India option to stop signals to Skynet Digital Services

    TDSAT gives Star India option to stop signals to Skynet Digital Services

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has given Star India the option to stop its signals to multi-system operator (MSO) Skynet Digital Services, noting that it “cannot shut its eyes and let the MSO further indulge in illegal activities.”

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava based their order on an audit report by the Broadcast Engineering Consultants (India) Ltd, which had said the MSO was indulging in illegal activities. 

     

    The Tribunal said it could not shut its eyes on this aspect when the report had come from an “impeccable” source like BECIL, when Skynet counsel offered to rectify the situation and get a fresh audit done.

     

    However, it gave time to Skynet to file its reply to the report within four weeks and set the case for hearing on 5 August.

     

    BECIL in its report had said Skynet was “re-transmitting TV channels in un-encrypted mode and un-authorisedly supplying its signals to another entity M/s Silverline Entertainment after the supply of signals to it has been stopped by Star.”

     

    Earlier, Skynet had challenged the disconnection notice issued by Star under clause 6.1 of the Digital Addressable System (DAS) regulations. TDSAT had disposed the case on 23 April this year stating that the two sides should execute the agreement for the period 1 April, 2014 to 31 October, 2014 at the rate of Rs 40 per CPS. Star may conduct a technical audit of the petitioner’s system and raise its invoices for the aforesaid period at the indicated rate.

     

    However, Star later filed an application making serious allegations against Skynet, after which the Tribunal on 25 May directed a technical audit by BECIL. 

     

    BECIL has said Skynet’s system is not compliant with the statutory regulations. Moreover, the report endorses the allegations made by Star and records highly damaging findings against the petitioner. 

     

    The Tribunal noted that in light of these findings by BECIL, Skynet had made itself liable not only to pay damages to Star but also to face criminal proceedings.

  • Star India directed to restore Vishal Cables’ signals subject to Rs 15 lakh payment

    Star India directed to restore Vishal Cables’ signals subject to Rs 15 lakh payment

    NEW DELHI: Star India was today directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to restore signals to Vishal Cable Network provided the latter makes an on account payment of Rs 15 lakh to the company in three equal fortnightly installments.

     

    TDSAT has directed Vishal Cable Network to pay the first installment of Rs 5 lakh in the course of the day and another sum of Rs 5 lakh by 24 June and the third installment for the same amount by 9 July.

     

    The payment “shall be on account and without prejudice to the rights and contentions of the parties.”

     

    The matter will come up on 24 July for further directions.

     

    In the meanwhile, the parties are directed to have reconciliation of accounts to ascertain the exact dues against the petitioner.

     

    The vacation bench of TSDAT chairman Aftab Alam and member B B Srivastava said that during the pendency of this petition, Vishal Cable will continue to make payments of the monthly subscription fees on the basis of invoices raised by Star India.

     

    In case of default in payment of the installments and / or monthly subscription fees as per the invoices of Star India, it will be open to it to disconnect the supply of its signals without any further orders from the Tribunal.

     

    Star India was directed to file the reply within four weeks from today; and rejoinder, if any, may be filed within two weeks from the date of receipt of a copy of the reply.  

    The petition was filed against the disconnection notice of 12 May issued under Clause 6.1 of the 2012 interconnect regulation. In pursuance of the notice, Star India has disconnected the supply of its signals to the petitioner on 5 June.

     

    The disconnection notice is based on the grounds of non-submission of SMS reports, non-payment of license fees and non-cooperation in audit. According to the notice, the dues of license fee against the petitioner amount to Rs 13.2 lakh as on 31 March this year.

     

    Vishal Cable has been directed to give Star India SMS reports for the months of April and May 2015 within two days from today, i.e. 11 June. Star can commence the audit of the Vishal Cable’s technical system on 16 June and the Vishal will offer full cooperation in conduct of the audit.