ITV

Tag: B B Srivastava

  • 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.”

  • TDSAT warns Den Network against piracy of Star channels

    TDSAT warns Den Network against piracy of Star channels

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has cautioned and warned Den Network to desist from activities like piracy and transmitting any channels of Star available to it on a la carte basis on any of its channels available in any bouquets.

     

    As per Star, it telecast the Salman Khan starrer film Bajrangi Bhaijaan on one of its channels, Star Gold which is available to Den’s network only on a la carte basis. In order to circumvent the a la carte restriction, Den unauthorisedly transmitted the movie on one of its local channels called Den Cinema, which was available to its entire subscriber base.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said, “Prima facie it appears to us that Den is indulging in practices that are not only not sanctioned by law but which in fact may constitute criminal offence.”

     

    It further clarified that in case Den is “violated the warning it would do so at its risk as to costs and consequences. It is further made clear that Star, if so advised, may file claim for damages against Den for allegedly having indulged in piracy of its signals.” 

     

    The Tribunal noted that in the petition filed by Den, Star had even earlier alleged similar piracy and that matter had been posted for 3 November as Den counsel Abhay Chattopadhyay sought time to get instructions. 

     

    The Tribunal hoped that by the next date, Chattopadhyay may file Den’s reply to the two applications. 

     

    In the present application, Star counsel Kunal Tandon alleged that Den was “indulging in rampant piracy of some of the Star channels.” Both the earlier application and the present application are supported by screen shots and CDs.

  • TDSAT directs Tejpur MSO to not stop signals if LCOs make payments

    TDSAT directs Tejpur MSO to not stop signals if LCOs make payments

    NEW DELHI: Tejpur Cable Networks has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) not to disconnect the signals of Mahabhairab Cable Network and over 20 other petitioners provided they make payments as directed by the Tribunal.

     

    The local cable operators (LCOs) were also told that they could not move on to another multi system operator (MSO) without the permission of the Tribunal.

     

    The LCOs were permitted to file the supplementary petition bringing on record certain relevant facts, which though canvassed before the Tribunal, did not form part of the original petition. The supplementary petition may be filed within a week.

     

    Listing the case for 16 November, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said the MSO could file replies to the present petition as also the supplementary petition, if any, within two weeks from the date of receipt of a copy of the supplementary petition.

     

    By way of an interim arrangement, the Tribunal directed Arup Borah to pay to the MSO a sum of Rs. 2.5 lakh. The payment may be made in two instalments. The first instalment amount of Rs 1.5 lakh should be paid by 20 October and the balance Rs 1 lakh by 10 November.

     

    Similarly, petitioners 14, 17, 19, 24 and 25 should pay to the MSO sums of Rs 6100, Rs 3270, Rs 15,000, Rs 1480 and Rs 18,326 respectively by 30 October.

     

    In addition, petitioners no 3 to 25 were directed to pay one-third of the amounts shown as outstanding against them up to September in the chart handed over by MSO counsel Sharath Sampath to the Tribunal. The payment of the one-third due amounts should be made by 10 November.

     

    From October onwards, each of the petitioners shall pay the monthly subscription fees at the rate at which they were paying the monthly subscription in December 2013, before the reduction of 15 per cent of the amount.

     

    All the payments as directed above will be on account basis and will be subject to the rights and liabilities of the parties as may be determined finally.

     

    The Tribunal said it was of the view that there is an urgent need of reconciliation of accounts between the two sides “and the proper reconciliation is likely to resolve the disputes to a very large extent. However, the parties are in so much dispute that reconciliation of account may not be carried out properly by the two sides on their own and it should, therefore, be supervised by a Charted Accountant. “We, accordingly, direct both sides to appear before Mr. Rohit Vasvani, one of the mediators before the Mediation Centre of the Tribunal,” it said.

     

    The parties were directed to appear before him with complete books of accounts and other relevant materials on 28 October. Vasvani has been requested to take up this matter on an urgent basis and to complete the reconciliation within the shortest possible time. He may ask the parties to appear before him in his office. 

     

    Vasvani will be paid honourarium of Rs 50,000 and this amount shall be shared in the following manner:

    Respondent no. 1 – Rs 20,000

    Respondent no. 2 – Rs 20,000

    Petitioner – Rs. 10,000 

  • TDSAT asks Mahua Media for Tata Sky’s payment schedule

    TDSAT asks Mahua Media for Tata Sky’s payment schedule

    NEW DELHI: Mahua Media has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to file the payment schedule in respect of Tata Sky by 14 October.

     

    Listing a batch of petitions by different petitioners including Tata Sky on 26 November, TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava directed Mahua to come with post dated cheques on the next hearing date in favour of all the decree holders in this batch according to the respective payment schedules. 

     

    Mahua had sought an adjournment on the plea that the project for revival of the company had made good progress and it would shortly be in a position to make payments to the decree holders.

     

    The counsel for decree holders agreed for further adjournment but on the specific condition that the respondent should file the payment schedule in respect of Tata Sky and on the next date should come with post dated cheques in respect of all the decree holders.

             

    Apart from Tata Sky, the other petitioners are Den Networks, Wire and Wireless (India) Ltd, Digi Cablecomm Services Pvt. Ltd and Indian Cable Net Company Ltd. 

  • 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 directs Siti Cable & subsidiaries to unblock signals to 141 Kolkata LCOs

    TDSAT directs Siti Cable & subsidiaries to unblock signals to 141 Kolkata LCOs

    NEW DELHI: Siti Cable and four multi system operators (MSOs) associated with it have been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to unblock the IDs and remove on-screen displays (OSDs), if any are running on the network of any of Kolkata’S 141 cable operators.

     

    The Tribunal also asked the Cable Operators Sangram Association of Kolkata representing the LCOs, Siti Cable, and the four MSOs namely Indian Cable Net Company, Calcutta Communication, Purvi Communication and Purbalaya Communication to maintain status quo both in regard to payment of monthly subscription fees as also supply of signals to the individual LCOs until further orders. 

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava also accepted the plea of the Association to implead the four MSOs in the petition as some LCOs received their Siti Cable signals through these.

     

    Listing the matter for 15 October, the Tribunal noted that the companies “are evidently subsidiaries of the sole respondent, namely Siti Cable Network, but in view of the objection raised on its behalf, it is necessary to bring them on record by having them formally impleaded as party respondents.” 

  • Hitz FM, India FM can migrate to Phase III if govt appeal fails

    Hitz FM, India FM can migrate to Phase III if govt appeal fails

    NEW DELHI: Hitz FM Radio India Pvt. Ltd and India FM Radio India Pvt Ltd were assured today that their applications for migration to Phase III would be considered despite lapse of last date if the appeal filed by the Government in the High Court fails.

     

    The assurance was given before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) by Information and Broadcasting Ministry counsel Rajeev Sharma.

     

    Sharma said the appeal was yet to be given a number and yet to be listed before the Court. 

     

    In their miscellaneous applications, the two radio channels had said that they had so far not been allowed to migrate from Phase I to Phase II, notwithstanding the Tribunal’s judgment  

     

    It is stated that the channels could migrate to Phase III only if they first migrated to Phase II.

     

    However, they said that as the deadline for operators in Phase II for migration to Phase III was ending, they apprehended that they may not be allowed to migrate and as a result, the Tribunal’s judgment may end in frustration.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said, “This fully satisfies the apprehension of the channels.”

  • TDSAT directs Den to clear Star India’s dues by 3 October

    TDSAT directs Den to clear Star India’s dues by 3 October

    NEW DELHI: Den Networks Ltd has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to make full payments to Star India as directed by its order of 14 September.
     

    After hearing counsel for the parties, TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said, “We are once again of the view that in compliance with the previous order, Den is bound to make payment of the invoiced amounts for the months of June and July 2015. In terms of the DAS agreement, which allows the petitioner to make payment within 15 days of the receipt of the invoice, Den must make payment of the invoiced amounts for  the DAS areas by 3 October.”
     

    The Tribunal also directed Den to give SMS reports to Star India for each month as stipulated in the DAS agreement. Den counsel Meet Malhotra assured the Tribunal that this would be done.
              

    Malhotra stated that apart from Rs 15 crore directed by the previous order, Den had made some more payments to Star India.
     

    “Needless to say Star India will verify the payments as claimed to have been made by Den and those payments will naturally be adjusted against the payment for the invoices in question,” TDSAT said.

     
    On 14 September, Den had been directed to make on-account payment of Rs 15 crore by 18 September towards its dues to Star India. Regarding current monthly fees, Den was directed as follows: “Apart from the payment of the back dues, Den will indeed be obliged to make payment of the current dues of license fee on the basis of the invoices raised by Star India.”

    Den made payment of Rs 11.91 crore on 18 September and another payment of Rs 3.09 crore on 21 September and though the payments were not fully in compliance with its order, the Tribunal said, “We consider it a lapse and leave the matter at that.”
     

    As regards payment of the current monthly license fees, on 11 September, Star India issued two invoices; one for the non-DAS areas for the month of September for Rs 4.26 crore and the other for DAS areas (excluding Navi Mumbai) for the months of June and July for the sum of Rs 20.21 crore. According to Den, the two invoices were sent to it through email on 18 September.
     

    The Tribunal rejected Malhotra’s arguments that the invoiced amounts included the increase of 27.5 per cent provided under the TRAI Tariff Order, which was quashed by the Tribunal by Judgment and Order of 28 April. The contention was mainly that since a part of the invoiced amounts is based on increases not sanctioned by law, Den was not liable to make payment of the invoices until reconciliation of accounts underway between the two sides as directed by the Tribunal’s order is completed.
     

    However, the Tribunal made it clear that its rejection of Malhotra’s contention was not final and was subject to the finding arrived at the end of the trial of the matter. 
     

    Meanwhile in another case filed by Mahabhairab Cable Network and other LCOs against Tejpur Cable Networks, the Tribunal said Tejpur will not disconnect the supply of signals to the LCOs. 

    Listing the matter for 5 October, it restrained the LCOs being represented in the petition from taking signals from any MSO other than the respondents.

  • LCOs can jointly file petitions to air grievances: TDSAT

    LCOs can jointly file petitions to air grievances: TDSAT

    NEW DELHI: In a preliminary observation that may have far-reaching consequences, the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has found no legal impediment in local cable operators (LCOs) coming together in an association to raise their grievances.
     
     
    TDSAT rejected the preliminary objection by Siti Cable Networks counsel Tejveer Bhatia that under Section 14 of the Telecom Regulatory Authority of India Act, the Tribunal has the jurisdiction to adjudicate any dispute between (i) a licensor and licensee; (ii) two or more service providers; and (iii) a service provider and a group of consumers. 
     
     
    According to Bhatia, the Jabalpur Cable Operators Welfare Association does not come under any of these three categories. 
     
     
    TDSAT chairman Justice Aftab Alam, member Kuldip Singh, and B B Srivastava said, “We are unable to accept the objection. The petitioner is a registered association of cable operators. It is representing 90 cable
    operators, who are in dispute with the respondent, a multi system operator.”
     
     
    The Tribunal said, “The nature of the dispute between the cable operators and the MSO is the same. Each of the cable operator is a service provider and each of them can approach this Tribunal in respect of its disputes with the respondent. But being small operators they may not have the necessary wherewithall and the resources to agitate its grievances before the Tribunal sited in Delhi. If, therefore, for financial and logistical reasons, the cable operators pool their resources and authorise the association to represent them before the Tribunal, we see no legal impediment in their maintaining this petition. More so, as each of the cable operator by virtue of the
    authorisation given to the association, will be bound by the orders passed in this petition.”
     
     
    Noting that the issues raised in the petition are substantial and need consideration by the Tribunal, it directed the parties to maintain status quo until further orders. In case any payment falls due before the next date in this case, the cable operators (90 in number) will make payment to Siticable at the rate at which each of them made the last payment. Subject to this direction, Siticable will not discontinue supply of its signals to the cable operators.
     
     
    The Tribunal directed Bhatia to file the reply within a week. But it said Bhatia will be free to reagitate the issue of maintainability of the petition, and the point, if so required may be considered in greater detail. 
     
     
    Listing the matter for 6 October, the Tribunal said rejoinder, if any, may be filed within a week from the date of receipt of copy of the reply.
  • Siti Cable to not disconnect signals to 5 Faridabad LCOs

    Siti Cable to not disconnect signals to 5 Faridabad LCOs

    NEW DELHI: Siti Cable Networks has committed before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it will not disconnect the signals of the five local cable operators (LCOs) of Faridabad.

     

    These cable operators are members of the Excellent Cable Operators Association.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava directed that these cases be also listed on 8 October.

     

    This case will now be heard along with the batch of cases from Progressive Cable Network Association, Faridabad.

     

    The Tribunal noted that it had received Rohit Vasvani’s report in the case.