ITV

Tag: B B Srivastava

  • Star India asked by TDSAT to extend interconnect pact with Monalisa to Chapra town

    Star India asked by TDSAT to extend interconnect pact with Monalisa to Chapra town

    NEW DELHI: Star India has been asked by the Telecom Disputes Settlement and Appellate Tribunal to extend the interconnect agreement existing between it and Monalisa Cable Network to include Chapra town.

    In the order, TDSAT chairman Aftab Alam and member B B Srivastava asked Star India to add 18 more subscribers for raising its invoices to Monalisa.

    The tribunal noted that the report of the Advocate Commissioner had shown that Monalisa had a total of only 18 subscribers in the township of Chapra, district Nadia, West Bengal.

    The tribunal said the necessary formalities may be completed by 6 April and the petitioner may be allowed to re-transmit the signals to Chapra town by that day.

  • Digicable plea for placement fee from News Express allowed for analogue areas only: TDSAT

    Digicable plea for placement fee from News Express allowed for analogue areas only: TDSAT

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has partially allowed a petition by MSO Digicable Network (India) Pvt. Ltd claiming analogue placement charges from Sai Prasad Media Pvt. Ltd which own the News Express Channel for a sum of Rs 63,03,058.

    Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said the amount will carry interest at 18 per cent from the date of filing of the petition till the date of realization. The office was directed to make a decree accordingly. The Tribunal turned down the petition in so far as it related to the areas that came under digital addressable system   

    However, the Tribunal said, “We find it difficult to hold that the petitioner was able to fully discharge its obligations under the digital placement agreement dated 16 July 2012 for the areas of Delhi, Uttar Pradesh, and Maharashtra. The Tribunal said that it is not possible to divide the amount of the placement charges from the invoices and the statement of account under the digital placement agreement and to allow the petitioner’s claim for the rest of the areas. It is, therefore, not possible to allow the petitioner’s claim under the digital placement agreement and the claim in so far it relates to the agreement dated 16 July 2012 must fail.

    On the petitioner’s claim that the towns of UP were still to come under the digital addressable system regime and there could be no agreement for transmission of channel in those towns in digital mode, the Tribunal said” “There is no law that prevents digital transmission in areas where the digital regime is yet to be implemented in terms of the notification issued by the Central Government.”

    Digicable had filed the petition for recovery of Rs 2,73,39,000 as dues of channel placement charges from Sai Prasad Media Pvt. Ltd for carrying its channel News Express on its digital as well as analogue cable TV networks. The amount was claimed along with interest at the rate of 18 per cent per annum from the date the payment was due up to the date of payment.

    The claim of the petitioner was based on two channel placement agreements. The first one was in respect of areas where Digicable had a digital cable network. This agreement was executed on 16 July 2012 for the period 16 July 2012 to 15 July 2013. The second agreement was for certain areas where Digicable was doing transmission in analogue mode and was executed on 09 August 2012 for the period 9 August 2012 to 8 August 2013.

  • Digicable plea for placement fee from News Express allowed for analogue areas only: TDSAT

    Digicable plea for placement fee from News Express allowed for analogue areas only: TDSAT

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has partially allowed a petition by MSO Digicable Network (India) Pvt. Ltd claiming analogue placement charges from Sai Prasad Media Pvt. Ltd which own the News Express Channel for a sum of Rs 63,03,058.

    Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said the amount will carry interest at 18 per cent from the date of filing of the petition till the date of realization. The office was directed to make a decree accordingly. The Tribunal turned down the petition in so far as it related to the areas that came under digital addressable system   

    However, the Tribunal said, “We find it difficult to hold that the petitioner was able to fully discharge its obligations under the digital placement agreement dated 16 July 2012 for the areas of Delhi, Uttar Pradesh, and Maharashtra. The Tribunal said that it is not possible to divide the amount of the placement charges from the invoices and the statement of account under the digital placement agreement and to allow the petitioner’s claim for the rest of the areas. It is, therefore, not possible to allow the petitioner’s claim under the digital placement agreement and the claim in so far it relates to the agreement dated 16 July 2012 must fail.

    On the petitioner’s claim that the towns of UP were still to come under the digital addressable system regime and there could be no agreement for transmission of channel in those towns in digital mode, the Tribunal said” “There is no law that prevents digital transmission in areas where the digital regime is yet to be implemented in terms of the notification issued by the Central Government.”

    Digicable had filed the petition for recovery of Rs 2,73,39,000 as dues of channel placement charges from Sai Prasad Media Pvt. Ltd for carrying its channel News Express on its digital as well as analogue cable TV networks. The amount was claimed along with interest at the rate of 18 per cent per annum from the date the payment was due up to the date of payment.

    The claim of the petitioner was based on two channel placement agreements. The first one was in respect of areas where Digicable had a digital cable network. This agreement was executed on 16 July 2012 for the period 16 July 2012 to 15 July 2013. The second agreement was for certain areas where Digicable was doing transmission in analogue mode and was executed on 09 August 2012 for the period 9 August 2012 to 8 August 2013.

  • Four broadcasters to examine headend of MSO to ensure rectification of defect pointed out by BECIL

    Four broadcasters to examine headend of MSO to ensure rectification of defect pointed out by BECIL

    New Delhi: Multi Screen Media Pvt. Ltd, Star India, Taj Television, and Indiacast UTV Media Distribution Services Pvt. Ltd have been asked by the Telecom Disputes Settlement and Appellate Tribunal to constitute a joint team or may agree upon one of them getting the inspection done by its technical team of the headend of M.C. Transmissions for any defects.

    The Tribunal said: “Normally, we should have asked BECIL to revisit the petitioner’s head end and to give a supplementary report but that would saddle the petitioner with heavy costs. Hence, we think it proper to ask the four respondent broadcasters to have a joint inspection of the petitioner’s head end by their technical people.”

    Chairman Justice Aftab Alam and member B B Srivastava directed that the inspection should be completed within 15 days and listed the matter for 8 April.
     
    Earlier following the tribunal’s order of 24 February, the Broadcasting Consulting Engineers (India) Ltd had found one defect in the Digital Addressable System (CAS, SMS and STB) available and installed at M C Tansmissions’ headend as on 16 March which “does not fully meet” the TRAI minimum requirements.

    BECIL had found that “The system of MC Transmission has the provision for blacklisting the VC whereas the provision for blacklisting of STB is yet to be deployed.”

    However, MC Transmissions counsel Nittin Bhatia said the device for blacklisting STBs had also been installed and the lacuna pointed out in the report had been fully cured.

     

  • Four broadcasters to examine headend of MSO to ensure rectification of defect pointed out by BECIL

    Four broadcasters to examine headend of MSO to ensure rectification of defect pointed out by BECIL

    New Delhi: Multi Screen Media Pvt. Ltd, Star India, Taj Television, and Indiacast UTV Media Distribution Services Pvt. Ltd have been asked by the Telecom Disputes Settlement and Appellate Tribunal to constitute a joint team or may agree upon one of them getting the inspection done by its technical team of the headend of M.C. Transmissions for any defects.

    The Tribunal said: “Normally, we should have asked BECIL to revisit the petitioner’s head end and to give a supplementary report but that would saddle the petitioner with heavy costs. Hence, we think it proper to ask the four respondent broadcasters to have a joint inspection of the petitioner’s head end by their technical people.”

    Chairman Justice Aftab Alam and member B B Srivastava directed that the inspection should be completed within 15 days and listed the matter for 8 April.
     
    Earlier following the tribunal’s order of 24 February, the Broadcasting Consulting Engineers (India) Ltd had found one defect in the Digital Addressable System (CAS, SMS and STB) available and installed at M C Tansmissions’ headend as on 16 March which “does not fully meet” the TRAI minimum requirements.

    BECIL had found that “The system of MC Transmission has the provision for blacklisting the VC whereas the provision for blacklisting of STB is yet to be deployed.”

    However, MC Transmissions counsel Nittin Bhatia said the device for blacklisting STBs had also been installed and the lacuna pointed out in the report had been fully cured.

     

  • TDSAT rejects Neo Sports petition seeking interconnect agreement with Tata Sky on its own terms

    TDSAT rejects Neo Sports petition seeking interconnect agreement with Tata Sky on its own terms

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has dismissed a petition by Neo Sports Broadcast Private Ltd seeking an interconnect agreement on its own reference interconnect offer terms with DTH platform Tata Sky.

    Chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said the submissions by the broadcaster were ‘quite misconceived’.

    Referring to the two provisions relied upon by counsel for the broadcaster, the Tribunal said these were part of the broadcaster’s obligations to publish Reference Interconnect Offers for direct-to-home service and the provisions relied upon secure the interests of the direct-to-home distributor rather than the broadcaster.

    The Tribunal levied costs of Rs 25,000 which would be deposited with the TDSAT Employees Welfare Society within four weeks.

    The Tribunal termed the petition as an “unusual case in that the broadcaster had come to it seeking an interconnect agreement on its own Reference interconnect Offer (RIO) terms.

    According to Neo Sports, it had been in inter-connect relationship with Tata Sky and the latter hadbeen carrying on its platform Neo sports’ two channels: Neo Sports and Neo Prime (formerly NeoCricket) since 2006-07. The last agreement between the parties was executed on 17 September 20 10 for a period of three years commencing from 1October 20 1 0 and coming to end on 30September 2013.

    Under clause V of the agreement Tata Sky was obliged to pay to Neo Sports “the rather steep” subscription fee of Rs 124 crore (R s. 1 09 crore for channels  being distributed in the Standard Definition mode and Rs 15 crore for channels being distributed in the High Definition mode).

    It is to be noted that at the time the interconnect agreement was executed Neo Sports  enjoyed exclusive BCCI rights for live broadcast of international cricket matches which gave it the power tocommand very high subscription fees in the Indian broadcasting market.  It lost the right to the cricket broadcasts in December 2011 and “it is a measure of popularity of the game in the country that there after it was unable to hold onto the amount of subscription fees stipulated in the agreement which was still subsisting”. The two sides executed an Addendum on 16 May 2012  to the Distribution Agreement of 17 September  2010 reducing the subscription fee substantially and it was fixed at the rate of Rs one crore per month plus applicable service tax for the period from April 2012 to 30September 2013.

    The Tribunal noted that negotiations continued thereafter but Neo Sports did not have the marketing power it had at the time of execution of the earlier agreement and Tata Sky was no longer willing to meet its demands.

  • TDSAT rejects Neo Sports petition seeking interconnect agreement with Tata Sky on its own terms

    TDSAT rejects Neo Sports petition seeking interconnect agreement with Tata Sky on its own terms

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has dismissed a petition by Neo Sports Broadcast Private Ltd seeking an interconnect agreement on its own reference interconnect offer terms with DTH platform Tata Sky.

    Chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said the submissions by the broadcaster were ‘quite misconceived’.

    Referring to the two provisions relied upon by counsel for the broadcaster, the Tribunal said these were part of the broadcaster’s obligations to publish Reference Interconnect Offers for direct-to-home service and the provisions relied upon secure the interests of the direct-to-home distributor rather than the broadcaster.

    The Tribunal levied costs of Rs 25,000 which would be deposited with the TDSAT Employees Welfare Society within four weeks.

    The Tribunal termed the petition as an “unusual case in that the broadcaster had come to it seeking an interconnect agreement on its own Reference interconnect Offer (RIO) terms.

    According to Neo Sports, it had been in inter-connect relationship with Tata Sky and the latter hadbeen carrying on its platform Neo sports’ two channels: Neo Sports and Neo Prime (formerly NeoCricket) since 2006-07. The last agreement between the parties was executed on 17 September 20 10 for a period of three years commencing from 1October 20 1 0 and coming to end on 30September 2013.

    Under clause V of the agreement Tata Sky was obliged to pay to Neo Sports “the rather steep” subscription fee of Rs 124 crore (R s. 1 09 crore for channels  being distributed in the Standard Definition mode and Rs 15 crore for channels being distributed in the High Definition mode).

    It is to be noted that at the time the interconnect agreement was executed Neo Sports  enjoyed exclusive BCCI rights for live broadcast of international cricket matches which gave it the power tocommand very high subscription fees in the Indian broadcasting market.  It lost the right to the cricket broadcasts in December 2011 and “it is a measure of popularity of the game in the country that there after it was unable to hold onto the amount of subscription fees stipulated in the agreement which was still subsisting”. The two sides executed an Addendum on 16 May 2012  to the Distribution Agreement of 17 September  2010 reducing the subscription fee substantially and it was fixed at the rate of Rs one crore per month plus applicable service tax for the period from April 2012 to 30September 2013.

    The Tribunal noted that negotiations continued thereafter but Neo Sports did not have the marketing power it had at the time of execution of the earlier agreement and Tata Sky was no longer willing to meet its demands.

  • TDSAT accepts plea by MediaPro for attachment of bank accounts of Digicable, operative from next month

    TDSAT accepts plea by MediaPro for attachment of bank accounts of Digicable, operative from next month

    New Delhi, 25 March: The Telecom Disputes Settlement and Appellate has directed attachment of the bank accounts of Digicable Network (India) Ltd, accepting the plea in this regard by Media Pro Enterprise (I) Pvt. Ltd in the prayer clause in the execution application.

    However, the Tribunal said the order of attachment will become operative from 1 April, subject to the condition that Digicable Network “shall not make any withdrawal from the account, save and except for payment of salary to its staff”.

    Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said a copy of the order should be sent to the concerned banks without delay.

    At the outset, the Tribunal noted that the execution proceedings are at a stage where the only course left is to make a direction for attachment of the bank accounts, head-ends and other properties of Digicable Networks. 

    However, the Tribunal said that “we wish to give one more opportunity to the respondent to try to resolve the matter amicably” before making such a direction.  

    The matter has been listed for 6 April when the CEO of Digicable should remain personally present before the Tribunal to make proposal, if any, for settlement with the respondent, the Tribunal said.

     

     
  • TDSAT accepts plea by MediaPro for attachment of bank accounts of Digicable, operative from next month

    TDSAT accepts plea by MediaPro for attachment of bank accounts of Digicable, operative from next month

    New Delhi, 25 March: The Telecom Disputes Settlement and Appellate has directed attachment of the bank accounts of Digicable Network (India) Ltd, accepting the plea in this regard by Media Pro Enterprise (I) Pvt. Ltd in the prayer clause in the execution application.

    However, the Tribunal said the order of attachment will become operative from 1 April, subject to the condition that Digicable Network “shall not make any withdrawal from the account, save and except for payment of salary to its staff”.

    Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said a copy of the order should be sent to the concerned banks without delay.

    At the outset, the Tribunal noted that the execution proceedings are at a stage where the only course left is to make a direction for attachment of the bank accounts, head-ends and other properties of Digicable Networks. 

    However, the Tribunal said that “we wish to give one more opportunity to the respondent to try to resolve the matter amicably” before making such a direction.  

    The matter has been listed for 6 April when the CEO of Digicable should remain personally present before the Tribunal to make proposal, if any, for settlement with the respondent, the Tribunal said.

     

     
  • Taj TV directed by TDSAT to enter into interim agreement with Asianet subject to final judgment

    Taj TV directed by TDSAT to enter into interim agreement with Asianet subject to final judgment

    New Delhi, 21 March: The Telecom Disputes Settlement and Appellate Tribunal has directed Taj TV to enter into an interconnect agreement with Asianet Satellite Communications Ltd for Telengana and Andhra Pradesh as an interim measure and without prejudice to Asianet’s rights.
     
    The directive came after Asianet counsel Shirin Khajuria said that her client was ready for such an agreement on Taj TV’s RIO terms.
     
    Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said “there cannot be any objection to such a request”.
     
    The Tribunal said that Asianet’s representative will visit the Bangalore office of Taj TV and the latter was asked to ensure that the agreement is executed on the same day and following the execution of the agreement the signals are supplied without any undue delay.  
     
    The interim arrangement under which the RIO agreement is directed to be executed between the parties shall abide by the final result of the case.
     
    Taj TV was directed to file the reply and the matter was listed for further hearing on 30 March.