ITV

Tag: B B Srivastava

  • TDSAT directs BECIL to re-audit Digicable’s headend

    TDSAT directs BECIL to re-audit Digicable’s headend

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked the Broadcast Engineering Consultants (India) Ltd (BECIL) to make a further audit of Digicable Network India’s system on whether there is a foolproof and tamper proof mechanism to truly and faithfully record the number of subscribers receiving the signals at Ahmedabad in case the feed of signals is taken from the Delhi headend to that city.

     

    The Tribunal, which had earlier asked BECIL to conduct an audit of Digicable Network and received its report, gave this direction on a petition by Digicable seeking transmission of digital addressable system signals of IndiaCast Distribution to Ahmedabad.

     

    Listing the matter for 29 January, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava asked BECIL to submit the report within 10 days from the date of receipt of a copy of the order.

     

    The Tribunal was not satisfied with the contentions of Digicable counsel Diggaj Pathak, who had relied upon the paragraph in the earlier BECIL petition making note of the unique package ID, which he said would sufficiently record the number of subscribers in Ahmedabad even though the feed may be taken from the Delhi headend.

     

    BECIL may also indicate the position in regard to the Gospel CAS, which finds mention in its earlier report, the Tribunal said.

     

    Pathak submitted that in case IndiaCast was not willing to execute an agreement on negotiated terms, it must still provide the signals of its channels to Digicable on its RIO terms in as much as the latter had expressed its willingness to execute the agreement based on the respondent’s RIO.

     

    IndiaCast objected to giving its signals to Digicable for retransmission in Gujarat on a number of grounds, one of which relate to the alleged lacuna in Digicable’s technical system.

     

    The Tribunal decided to presently leave aside other objections raised by IndiaCast (including non-payment of its dues) and only deal with the issue of the technical lacuna in the petitioner’s system. 

     

    The Tribunal noted that the earlier audit by BECIL was on a petition by Digicable last year against a notice of disconnection issued by IndiaCast, and the Tribunal had asked BECIL to examine Digicable headend. The report was given on 21 August. Even as the BECIL’s report was received before the Tribunal, it had been represented that the parties had resolved their disputes bilaterally and the petition filed by the Digicable was withdrawn.

     

    Digicable executed an interconnect agreement with IndiaCast on its behalf and on behalf of a number of its JV companies for retransmission of IndiaCast signals in different DAS areas in the country. The licence fee under this agreement is payable on CPS basis and does not cover Gujarat. 

     

    Pathak submitted that Digicable will take the feed of the signals from its headend located in Delhi to Ahmedabad for retransmission there. 

     

    IndiaCast counsel Kunal Tandon said the earlier report had shown that there is no proper bifurcation of subscribers or set-top-boxes (STBs) on the basis of locations of the petitioner’s CAS in Delhi. 

  • TDSAT to hear Sun’s petition alleging Asianet’s changing placement of important channels

    TDSAT to hear Sun’s petition alleging Asianet’s changing placement of important channels

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) will hear a petition by Sun Distribution Services Pvt Ltd on27 January alleging that the placement of important channels has been changed by Asianet Satellite Communication.

     

    The petition was initially filed alleging that Asianet had discontinued the distribution of Sun’s signals on its network without any notice and in violation of the regulations.

    However when the matter came up for hearing before TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava, Sun counsel Gopal Jain accepted that the channels had been resumed after filing of the petition.

    However, he said the channels’ placement had been changed to the great disadvantage of the petitioner and cited some examples. Asianet Counsel Shirin Khajuria said there was no subsisting placement agreement between the two sides. She also stated that the displacements, if any, of the channels are made in accordance with the regulations.

     

    The Tribunal also asked Asianet counsel to take proper instructions and, if so advised, to file a brief reply on the issue of displacements of channels.

  • TDSAT to hear Sun’s petition alleging Asianet’s changing placement of important channels

    TDSAT to hear Sun’s petition alleging Asianet’s changing placement of important channels

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) will hear a petition by Sun Distribution Services Pvt Ltd on27 January alleging that the placement of important channels has been changed by Asianet Satellite Communication.

     

    The petition was initially filed alleging that Asianet had discontinued the distribution of Sun’s signals on its network without any notice and in violation of the regulations.

    However when the matter came up for hearing before TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava, Sun counsel Gopal Jain accepted that the channels had been resumed after filing of the petition.

    However, he said the channels’ placement had been changed to the great disadvantage of the petitioner and cited some examples. Asianet Counsel Shirin Khajuria said there was no subsisting placement agreement between the two sides. She also stated that the displacements, if any, of the channels are made in accordance with the regulations.

     

    The Tribunal also asked Asianet counsel to take proper instructions and, if so advised, to file a brief reply on the issue of displacements of channels.

  • TDSAT asks Canara Star MD to attend Star India dispute hearing

    TDSAT asks Canara Star MD to attend Star India dispute hearing

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed Canara Star, Bangalore’s managing director to be present in the next hearing on 28 January to answer queries relating to its ongoing dispute with Star India.

     

    In the last hearing, which was held in the third week of December 2015, the Tribunal had asked Canara Star to intimate Star India whether it admits the SMS reports submitted by the broadcaster for the period 2014 to January 2015.

     

    The common order by the Tribunal on three petitions including one by Star India against Canara Star claiming recovery dues of about Rs 3 crore pertaining to the MSO’s operations in Digital Addressable Area (DAS) of Bangalore said this was subject to the two parties failing to arrive at a final settlement.

     

    The directive by TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava came after being informed by Canara Star counsel Tushar Singh that the parties had failed to resolve dispute.

     

    However, Star India counsels Kunal Tandon and Arjun Natarajan told the Tribunal that no attempts had been made by Canara Star to resolve the dispute.

     

    Justice Alam said that TDSAT would be forced to issue warrants if the MD of Canara Star is not present on the next date.

     

    In the last hearing, the Tribunal had also asked Canara to produce its bank statements and materials to show payments made by it towards invoices raised by Star India based on Canara’s SMS reports.

     

    Canara, which has allegedly sold off its business to another MSO – All Digital, will produce its deed of transfer of establishment to All Digital, which was made a party in the petition filed by Star India.

     

    The other two petitions are by Canara Star challenging disconnection notices issues by Star India for analogue areas of Kumta and Bhatkal.

     

    Star India counsels Tandon and Natarajan had produced the SMS reports on the basis of which it had billed Canara Star.

     

    Star India argued that Canara cannot withhold payments to it for invoices, which were raised by the broadcaster on the basis of Canara Star’s SMS reports.

     

    All the three matters had been before the mediator from early August till mid November but no settlement could be arrived at.

  • TDSAT asks Star India to restore signals to Karnataka LCO subject to part payment

    TDSAT asks Star India to restore signals to Karnataka LCO subject to part payment

    NEW DELHI: Star India has been asked by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to restore signals to Karnataka based local cable operator (LCO) V4 Media, provided it pays Rs 12.91 lakh through RTGS as committed by it.

     

    Listing the matter for 21 December, the Tribunal said V4 Media will further make payment of Rs 19.88 lakh by 26 December.

     

    TDSAT chairman Justice Aftab Alam and member B B Srivastava made it clear that “these payments are on account payment and shall be without prejudice to the rights and contentions of the parties.”

     

    Apart from the aforesaid payments, V4 Media will also pay the monthly subscription fee as per the invoice dated 5 November.

  • Taj TV to restore signals of Digi Cable Com Services, subscriber base subject to BECIL audit

    Taj TV to restore signals of Digi Cable Com Services, subscriber base subject to BECIL audit

    New Delhi: Taj Television (Taj TV) has agreed to restore its signals to Digi Cable Com Services Pvt. Ltd and its joint ventures in the DAS areas after the Telecom Disputes Settlement and Appellate Tribunal worked out a formula over the subscriber imbroglio.
     
     
    Both parties had agreed on all issues except the subcriber base, and the Tribunal said this would be subject to an audit by the Broadcast Engineering Consultants (India) Ltd.
     
    Meanwhile on the Tribunal’s suggestion, the parties agreed that with effect from 1 December, the ad hoc subscriber base will be taken as 60000. However, prior to December, the ad hoc subscriber base will be taken as 55000. 
     
    Both these subscribers bases will be subject to the audit by BECIL and will abide by the subscriber base as determined after the audit. The audit of the BECIL will be completed within six weeks.
     
    Digi Cable Com Counsel Jayant Mehta said the subscriber base was 46000 but Taj TV counsel T S Bhatia insisted that it was 70000.
     
    Members Kuldip Singh and B B Srivastava noted that the subscriber base is purely an ad hoc interim arrangement and has to finally abide by the result of the audit by BECIL. 
     
     
     
  • 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.

  • TDSAT issues bailable arrest warrants against two directors of Sahara India TV Network

    TDSAT issues bailable arrest warrants against two directors of Sahara India TV Network

    New Delhi: In a power rarely exercised by it, the Telecom Disputes Settlement and Appellate Tribunal has issued a bailable warrant of arrest against Sahara India TV Network Directors Govind Tiwari and Devendra Kumar Srivastava in a case of non-payment of dues to multi-system operator Delhi Distribution Company.  

     

    Listing the matter for 22 December, Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said: “From the earlier orders, it appears that the Directors of the company are willfully flouting the directions of this Tribunal. The Tribunal is, therefore, left with no option but to secure their presence through coercive measures.” 

     

    It was also noted that neither the details of moveable and immoveable properties of the company were filed nor any payment being made towards the discharge of the decree. 

     

    Sahara India counsel Pankaj Agarwal who was present said he had been instructed that he would be handed over the cheque to be handed over to the MSO but was later told no cheque was being sent.

     

    The TDSAT office was directed to issue bailable warrants of arrest on the addresses being furnished by MSO Counsel Vibhav Srivastava to ensure their personal appearance on the next date fixed in the matter.

  • TDSAT directs Taj TV to not disconnect Indusind signals in DAS & non-DAS areas

    TDSAT directs Taj TV to not disconnect Indusind signals in DAS & non-DAS areas

    NEW DELHI: Taj Television (India) Pvt. Ltd, Mumbai was today directed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) not to give effect to the disconnection order in Digital Addressable System (DAS) and non-DAS areas against IndusInd Media & Communications Ltd if the latter makes payment according to formulas drawn up by the Tribunal as an interim arrangement.

     

    Under the order for DAS areas, Indusind counsel Vandana D. Jaisingh handed over to Taj TV counsel Tejveer Singh Bhatia four cheques amounting to Rs 5.42 crore. In addition, Indusind will pay Rs 10 crore by 2 November, Rs 5 crore by 9 November and Rs 10 crore by 30 November, 2015.

     

    Admitting both cases and posting them before the Registrar’s court on 18 December for completion of pleadings, the Tribunal made clear that the directions are towards earlier dues as far as DAS areas are concerned. 

     

    In addition, Indusind must make payments of the invoices raised by Taj TV for the months of October and November this year for DAS areas.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said the payments made in terms of this interim order will be without prejudice to the rights and contentions of the parties.

     

    In the case relating to non-DAS areas, the Tribunal asked Indusind to make immediate payment of the outstanding dues up to 30 September subject to verification by reconciliation of accounts.

     

    Taj TV had issued the disconnection notice as it claimed that dues amounted to Rs 9.58 crore till 31 October but this was disputed by Indusind, which submitted that it had made already payment of Rs 2.26 crore and was entitled to pay for October by 15 November.

     

    However, Taj said the amount was arrived at after taking the amounting already paid into account.

     

    The Tribunal directed Indusind to go to the respondent’s Mumbai office on 3 November for this purpose.

     

    Following the reconciliation of accounts, the Tribunal said Indusind will pay the dues up to 30 September by6 November. The invoice for the month of October 2015 will be paid by 15 November.

     

    Bhatia accepted notice on behalf of Taj TV for both petitions and was asked to file the reply within three weeks from today (30 October). Rejoinder, if any, may be filed within two weeks thereafter.

     

    The agreement under which Indusind receives its signals from Taj TV came to end on 31 March but the latter continued to supply signals and Indusind continued to receive the signals and re-transmit them to its affiliates without any renewal of agreement and under the pretext that negotiations for the renewal of the agreement is going on between the two sides.  

     

    The matter finally came to a head when Taj TV gave disconnection notices for disconnection of its supply of signals to the petitioner. The disconnection notices are based on grounds of non-payment of dues and non-renewal of the interconnect agreement. In the notice, the dues are quantified at Rs 36.44 crore upto 30 September. The amount of dues mentioned in the disconnection notice relate only to the monthly subscription fees.

     

    Jaisingh disputed the amount mentioned in the disconnection notices. According to her, the admitted dues amount to Rs 24.85 crore. She contended that after the expiry of the agreement, the respondent is unauthorisedly raising invoices increasing the rate by more than 10 per cent from the rate mentioned in the previous agreement. 

     

    Bhatia said the invoices from April 2015 onwards had been raised strictly in terms of the provisions of the agreement. 

     

    The Tribunal felt that the submission of Bhatia “appears to be prima facie correct but we do not wish to make any conclusive pronouncement on that aspect of the matter at this stage.”

  • Prasar Bharati moves TDSAT against Mumbai based FM radio licensee

    Prasar Bharati moves TDSAT against Mumbai based FM radio licensee

    NEW DELHI: Indian pubcaster Prasar Bharati has moved the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) against Mumbai based FM radio licensee Pan India Network Infravest Pvt Ltd for not vacating its properties in different cities even after the end of the lease period.

     

    To this regard, Prasar Bharati has admitted eight petitions for hearing to TDSAT.

     

    The petitions have been filed by the pubcaster from Allahabad, Amritsar and other parts of Punjab, Jalgaon, Varanasi, Akola, Agra, and Nanded.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava admitted the petition after hearing Government counsel Rajeev Sharma. No one appeared for Pan India Network Infravest.

     

    Pan India Network was directed to file a reply within three weeks and rejoinder by Prasar Bharati, if any, two weeks thereof.

     

    The case was listed for 15 December before the Registrar’s court for getting the pleadings completed. 

     

    FM operators were given some land by Prasar Bharati on its land in many cities for putting up transmitters etc under conditions set out in agreements with each of them.