Tag: B B Srivastava

  • MSOs Sun & Prabhu Cable resolve dispute on allegations of piracy

    MSOs Sun & Prabhu Cable resolve dispute on allegations of piracy

    NEW DELHI: Sun Distribution Services Pvt Ltd has informed the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it will not take any steps against Prabhu Cable Network on allegations of piracy.

     

    Both multi system operators (MSOs) also informed the Tribunal that they had agreed to treat the provisional interconnect agreement agreed into at the instance of the Tribunal as a final agreement.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava accordingly treated the petition by Prabhu Cable Network as withdrawn.

     

    The Tribunal by orders of 6 July and 4 August had directed Sun Distribution to enter into the provisional interconnect agreement with the petitioner and to supply its signals to it until final disposal of the matter.

     

    During the pendency of the matter, the parties have come to terms and Sun said it was willing to treat the provisional interconnect agreement as the final agreement.

  • TDSAT asks Sun Distribution to sign new interconnect agreement with Vision Digital Cable

    TDSAT asks Sun Distribution to sign new interconnect agreement with Vision Digital Cable

    NEW DELHI: Vision Digital Cable and Sun Distribution Services Pvt Ltd have been permitted by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to execute a fresh interconnect agreement adding 273 subscribers to the existing 1612 subscribers of Vision Digital Cable.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava also accepted the plea that 57 subscribers whose premises were found locked during a joint survey by the parties should be included in the list of subscribers.

     

    The joint survey, which had been carried out following orders of the Tribunal earlier, shows that Vision Digital has 216 subscribers, of which 168 are receiving signals apart from Vision Digital from some other local cable operator as well. Forty-eight subscribers out of 216 are receiving their signals solely from the petitioner. 

     

    The Tribunal made it clear that Vision Digital will not add to its number of subscribers without giving prior intimation to Sun Distribution and getting its consent in writing. 

     

    In case Vision Digital makes the request for any addition to its subscriber base, Sun Distribution must respond within two weeks from the date of receipt of the request, after making verification, if any, desired by it. 

     

    In case Sun Distribution does not accede to the request of Vision Digital for adding of subscribers to its existing base, it will give reasons for not accepting the request.

  • 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.

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

    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.