Tag: Aftab Alam

TDSAT asks Taj TV to restore UCN Cable signals subject to dues payment

NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) today directed Taj Television to restore signals to UCN Cable Network by tomorrow (10 June, 2015) provided the multi-satellite operator (MSO) pays to it a sum of Rs 1.5 crore within a week from today and another sum of Rs 1.5 crore within four weeks from the date of the first payment.

The vacation bench of TDSAT chairman Aftab Alam and member B B Srivastava made it clear that this on account payment “shall be without prejudice to the rights and contentions of the parties.”

This admitted petition was filed against the disconnection notices and according to the notices, Taj TV’s dues against UCN Cable for Digital Addressable System (DAS) and non-DAS areas amounts to Rs 4.4 crore as on 20 April, 2015. In pursuance of the notices, the respondent has disconnected the supply of its signals to the petitioner on 27 May, 2015.

Apart from the aforesaid on account payment, UCN Cable will also pay Taj TV a monthly subscription fees as per the invoices raised by the respondent. In case of default in payment of the installments and / or monthly subscription fees as per the invoices of Taj TV, it will be open to it to disconnect the supply of its signals without any further orders from the Tribunal.

The matter has been listed on 17 July for further directions. Meanwhile, Taj TV was asked to file its reply within three weeks and UCN Cable to file its rejoinder if any within two weeks of that.

June 9, 2015
TDSAT stays MSM Discovery’s disconnection orders against Meghbala

NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) directed MSM Discovery Private Ltd not to give effect to its disconnection notices to Meghbala Cable and Broadband Services Pvt. Ltd. in Kolkata, Behrampur, Haldia and Bankura pending final orders of the Tribunal.

The vacation bench of TDSAT chairman Aftab Alam listed the matter for 20 July, issuing notice to MSM Discovery to file its reply by 3 July and Mebhbala to file rejoinder thereto by 10 July.

The Tribunal said MSM Discover will remove the OSDs running on the petitioner’s network provided the petitioner makes an on account payment of Rs 50 lakh to the MSM in two installments, the first installment of Rs 25 lakh payable by 15 June and the second installment of Rs 25 lakh by 30 June.

It said the payment will be without prejudice to the rights and contentions of the parties and will abide by the final outcome of these petitions.

June 5, 2015
TRAI to wait for final SC verdict before implementing tariff orders for C&S

NEW DELHI: The Telecom Regulatory Authority of India (TRAI) has said that amendments to its tariff orders issued on 1 October, 2004 and 21 July, 2010, which had been set aside by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) earlier this month, would be subject to the outcome of the appeal filed by the regulator before the Supreme Court.

The two amendments made by the TRAI to its tariff orders that aimed at preventing broadcasters from giving their channels directly to subscribers and putting commercial subscribers at par with ordinary subscribers were struck down by TDSAT on 9 March.

TDSAT chairman Aftab Alam and member Kuldip Singh said the two amendments were “quite unsustainable and we are thus constrained to set aside the impugned amendment orders.”

The amendments referred to the Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Twelfth Amendment) Order 2014 dated 16 July, 2014 and the Telecommunications (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff (Fourth Amendment) Order 2014 dated 18 July, 2014 by which similar amendments were made in the Telecommunication (Broadcasting and Cable) Services(Second) Tariff Order 2004 dated 1 October, 2004 (relating to non-addressable or analogue systems) and the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order 2010 dated 21 July, 2010 (relating to addressable systems) respectively.

The Indian Broadcasting Foundation (IBF) and the Federation of Hotels and Restaurant Association of India had challenged the amendments as the commercial subscriber had been put at par with the ordinary subscriber and the tariff orders treat as equal groups of subscribers that are inherently unequal and are also so recognized in their different definitions in the tariff orders.

In a press note today, TRAI said it had filed an appeal before the apex court and decided to hold its orders in abeyance ‘after duly considering the matter.’

TRAI had issued the tariff orders – “The Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Seventh Amendment) Order 2006″ dated21 November, 2006and the Telecommunication (Broadcasting and Cable) Services (Third) (CAS areas) Tariff (First Amendment) Order2006” dated 21 November applicable to commercial cable subscribers in the non-addressablesystem (non-CAS) and the CAS systems, respectively.

Following an appeal, the Supreme Court had on 16 April, 2014 directed TRAI to look into the matter de-novo and within three months re-determine the tariff after hearing all the stakeholders’ contentions.

The orders set aside by TDSAT on 9 March were the result of this re-examination.

May 13, 2015
Home Cable penalized for showing Media Pro continent in non-DAS areas of NCR

NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has imposed a penalty of Rs 25 lakh on Home Cable for violating its order of not to transmit signals Media Pro Enterprises, especially those relating to Star Sports, outside the National Capital Region (NCR) territory of Delhi.

After examining certain CDs and report submitted by the Broadcasting Engineering Consultants (India) Ltd, TDSAT chairman Aftab Alam and member Kuldip Singh also said it was recalling its earlier order of 20 December, 2013 and Media Pro would be free to disconnect its signals to Home Cable in accordance with law.

The Tribunal said it was a fit case to proceed against Home Cable for violation of the undertaking given by it before the tribunal and willful failure to comply with the order, this being a case of continuing contravention of the Tribunal order.

Home Cable had initially approached TDSAT aggrieved by the disconnection order by Media Pro of 9 December, 2013 issued under clause 6.1 of the DAS Regulations alleging Home Cable was illegally and unauthorisedly carrying the channels of the respondent in an unencrypted mode in the DAS notified areas of National Capital Territory of Delhi and in areas outside the NCT of Delhi by taking the feed from the DAS notified areas, which was in violation/ non-compliance of the terms of the MoU dated 23 October, 2012 entered between the parties.

The Tribunal had on 20 December, 2013 directed that in case Home Cable files an undertaking before the Tribunal that it will confine its operation strictly within the DAS notified areas of NCT of Delhi and shall do the transmission/ re-transmission in digital encrypted mode, Media Pro will not discontinue the supply of its channels to Home Cable network in pursuance of the impugned Notice. It was made clear in the order that any violation of the undertaking shall make the petition liable to dismissal.

It was alleged in the application by Media Pro that for the past one year or so, Home Cable had illegally been providing Media Pro’s content in brazen breach of the aforesaid undertaking. In this regard, Media Pro addressed letters in February this year to the District Collector, Gurgaon, and SSP, Gurgaon for the purpose of registration of FIRs. It was submitted on behalf of Media Pro that Home Cable was providing the content – Star Plus, Star Gold, Star Sports 4 and Star Sports 3 in Gurgaon through Sun Direct DTH boxes. The water marks clearly and conspicuously show Media Pro’s logo as well as that of Sun Direct on the screen.

The BECIL report conclusively established that the system does not comply with the security provisions mandated by the Regulations, the Tribunal said.

May 2, 2015
TDSAT rejects Star India’s applications against Indusind, Goldstar

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has rejected four miscellaneous applications relating to five cases against it to the effect that an endorsement made by the petitioners at the end of agreements left ‘the door open to the petitioners to walk out of any clause.’

Four petitions had been filed by Indusind Media and one by Goldstar Noida Network Pvt. Ltd., U.P.

Star India Pvt. Ltd. Counsel Salman Khurshid said that while executing the interconnect agreement in pursuance of the order passed by the Tribunal, the petitioners made the endorsement that the execution on its behalf was “without prejudice.” He said the whole agreement was put in a state of uncertainty because of the endorsement at the bottom of the agreement.

However, counsel Vandana Jaisingh for the petitioners stated that the endorsement “without prejudice” relates only to the 15 per cent increase in the subscription fee and to no other clause in the agreement, including the clauses relating to the additional areas.

It was made clear in the order by which the two sides were directed to execute the agreement that the 15 per cent increase in subscription fee will be subject to the result of a petition pending before the Tribunal. In any view, therefore, the endorsement “without prejudice” is redundant, she said.

TDSAT chairman Aftab Alam and member Kuldip Singh said in the order that no further directions need be passed in these applications in view of the clarification made by Jaisingh.

April 21, 2015
Sun to resume distribution of Ortel signals in Vishakapatnam; subject to payment clearance

NEW DELHI: Sun Distribution Services Pvt. Ltd has been directed to resume the supply of its signals to Ortel Communications Ltd and will also execute the interconnect agreement within one week from that date.

Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) chairman Justice Aftab Alam and member Kuldip Singh also held that Ortel will pay to Sun the payment of Rs 33,89,910 plus Rs 4,22,976 within 24 hours.

In addition to the payments, Ortel will also give to Sun the certificate showing the deduction of taxes.

However, TDSAT made it clear that the payment of Rs 4,22,976 will be subject to the Tribunal’s decision on the Telecom Regulatory Authority of India’s tariff order relating to inflationary increase, which is currently pending hearing before TDSAT.

Based on a table presented to the Tribunal by Ortel, the admitted dues are Rs 33,89,910 and the difference between the admitted amount and the dues claimed by the respondent is thus Rs 9,42,148.

Ortel’s counsel Samir Sagar Vashistha, who presented the table, explained that this included the sum of Rs 5,18,925 as the amount of taxes deducted at source and the actual dispute is only with respect to the sum of Rs 4,22,976.

He assured that Ortel will confine its operation within the area of Vishakhapatnam.

Sun counsel A.S. Dugal said the sum of Rs 4,222,976 represented the inflationary increase of 15 per cent allowed by the TRAI’s tariff order.

Vashistha stated that Ortel was willing to pay the sum of Rs 33,89,910 and also give to the respondent the certificate showing deduction of taxes amounting to Rs 5,18,925. In addition, it will also pay Rs 4,22,976 subject to the Tribunal’s decision on the tariff order in question.

Dugal said the offer was quite fair and the respondent was willing to accept it.

March 28, 2015
TDSAT to hear IBF case on tariff on 12 December

NEW DELHI: The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has adjourned to 12 December the petition by the Indian Broadcasting Foundation (IBF), Viacom 18 and MSM India challenging the tariff order amendment of 16 July that was passed by the Telecom Regulatory Authority of India (TRAI).

Chairman Aftab Alam and member Kuldip Singh adjourned the matter as TRAI has still not filed its reply on the matter.

Earlier when the case had come up in August, TDSAT had adjourned the hearing in view of Star India’s case challenging the TRAI order dated 18 July in the Delhi High Court.

The Federation of Hotel and Restaurants Association of India (FHRAI) had then asked for a refund from broadcasters for deals signed before the order came into existence. However the IBF counsel stated that the order only talks of deals taking place in the new regime and the deals for which the FHRAI was asking for refunds were done in advance.

Considering the Delhi HC order and also IBF’s proposition that in a 2012 judgment, the TDSAT had itself said that when an arrangement is ongoing between parties and a tariff order is issued, it is not applicable with retrospective effect, unless mentioned in the order.

The court had in the earlier hearing also asked both parties to ensure all their pleadings were in place by 28 October so that a final verdict could be given on 18 November, which now has been postponed to 12 December.

November 18, 2014
TDSAT wants to know who maintains monthly log of activation of a channel

NEW DELHI: Who is meant to maintain the monthly log of the activations of a particular channel: the multi system operator (MSO) or manufacturer, vendor or the supplier of the system?

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked the Telecom Regulatory Authority of India (TRAI) and the Broadcast Engineering Consultants India Limited (BECIL) for certain clarifications on the role of a MSO in the matter of maintaining monthly log of the activations of a particular channel.

Listing the matter for 1 December, chairman justice Aftab Alam and member Kuldip Singh said BECIL will also clarify its finding on the point as to whether the system was not capable of generating the monthly log of activations on a particular channel or on a particular package or the system was not capable to do so without the matter being referred to its provider, that is to say, its manufacturer or supplier.

The issue arose in a case of Den Networks against Sun Distribution Services wherein BECIL had carried out an audit of Den and given a report.

Den submitted that though the provision of monthly log of the activations on a particular channel or on a particular package is indeed an obligation of the MSO, the use of the word ‘system provider’ makes it clear that the capability to provide monthly log of the activations on a particular channel or on a particular package should only lie with the manufacturer, vendor or the supplier of the system and the petitioner, which is an MSO, using the system can only obtain it from its vendor or ‘supplier’ of the system.

TDSAT did not accept this submission and said, “Normally, the system in use in the hands of the MSO should itself be capable of providing monthly log of the activations on a particular channel or on the particular package without the matter being referred every time to the vendor, manufacturer or the supplier of the system.”

The comments from TRAI and BECIL should reach the TDSAT within two weeks from the date of receipt of a copy of the order.

November 13, 2014
Tariff orders in case of DTH operators set aside by TDSAT

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has set aside the tariff orders drawn up by the Telecom Regulatory Authority of India (TRAI) in the case of direct-to-home operators.

The judgment follows two separate petitions filed by Dish TV and Bharat Business Channel, in which TDSAT chairman Aftab Alam and member Kuldip Singh clarified that it will be open to TRAI to issue a fresh tariff order after taking into consideration the inputs provided by the appellants and addressing the issues raised by them.

The Tariff Order had been issued by TRAI on 27 May 2013 under the Telecom Regulatory Authority of India Act 1997 read with notification of 9 January 2004.

The petitioners have alleged that TRAI has no jurisdiction to fix the tariff for the supply of set top boxes (STBs) and there is basis for arriving at the price of STBs. Furthermore, it was alleged that even if TRAI had such powers to fix the tariff or rental for STBs, it has not been exercised lawfully, reasonably and in a non-arbitrary manner and after considering the relevant matters which are required to be considered in price fixation.

Clause 4 of the impugned Tariff Order prescribes tariff for supply and installation of customer premises equipment.

The stand of TRAI is that the operators are offering the services in a bundled form and can spread its costs on the bundled services which include the programming service. TRAI said ‘In view of this fact, the expenditure side of the hardware (CPE) cannot be seen in isolation of the pricing of the bundled service which includes programming service.”

The Tribunal said there was an apparent contradiction in this stand and the main objective of the tariff order which is commercial interoperability. In other words, if a subscriber is not satisfied with the service of an operator or wants to change the operator due to any reason, it is not stuck with the cost of the CPE, it can return the CPE and get its security back at any time.

“In our opinion, one way to address this issue can be to permit the DTH operators to supply recovered/refurbished CPE under the standard tariff order and the subscribers may not insist on new CPE if they want this tariff. However, we may clarify that this is just one example and the respondent is free to address the various issues as it may deem fit. Though all these issues have been raised by the appellants, in our view the same have not been satisfactorily addressed TRAI.”

In view of the above, we find that some elements of cost have not been taken into account and issues raised by the appellants have not been fully addressed by TRAI.

October 9, 2014
DTH licence fee case adjourned yet again

NEW DELHI: The petition by the private direct-to-home (DTH) operators challenging the notice of the government for clearing arrears of licence fees has been adjourned once again. Reason: the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) wants to first decide on a similar case relating to actual gross revenue with regard to telecom.

Earlier, chairman Aftab Alam and Kuldeep Singh had adjourned the matter from 23 May to 8 July as the operators had not filed their rejoinders to the reply by the government.

The adjournment was allowed on a mention by the counsel for the various DTH operators.

TDSAT also noted that the earlier assurance by the government that it will not pressurise the operators in this regard till the case is taken up for hearing will continue.

The petitioners have alleged that the demand by the Information and Broadcasting Ministry is contempt of court as the matter in this regard is pending in the Supreme Court.

However, Information and Broadcasting Ministry secretary Bimal Julka had earlier told indiantelevision.com that the apex court had not issued any stay order. However, the government had filed a caveat in this regard, conscious that the TDSAT or the Supreme Court may be moved in the matter.

The Ministry had earlier this year sent a notice to the six private DTH operators with regard to licence fee dues amounting to Rs 2,066 crore. The private operators are Tata Sky, Dish TV, Airtel Digital TV, Reliance Big TV, Sun Direct and Videocon d2h.

According to the notice, the six private operators had been asked to pay the amount within 15 days.

However, most of the operators contacted said they had cleared the dues of licence fee.

The operators say the licence fee as demanded under the rules is on gross revenue (GR) whereas they have been asked to pay the fee on the basis of Actual Gross Revenue (AGR). The operators have said the fee should be only on subscription revenue and not on allied earnings such as dividend and interest income.

Even as the matter was pending, Tata Sky had in April made a payment of Rs 383 crore to the Ministry to cover its license fee and other dues. A demand draft of the amount was submitted to the Ministry, even as other operators had said that they would prefer to wait till the next hearing.

Tata Sky said the amount covered the license fee for the year 2013-14 according to the rate specified for license as well as past dues.

July 8, 2014