Tag: Bombay High Court

  • HC admits challenge to Care World TV ban

    HC admits challenge to Care World TV ban

    NEW DELHI: The Bombay High Court yesterday admitted for hearing a petition challenging a week-long ban against Care World India TV, after the information and broadcasting ministry declined to replace its earlier order with a new detailed order.

    A division bench of the court comprising Justice Abhay Shreeniwas Oka and Justice Anuja Prabhudesai also confirmed the stay order on the ban, and this will remain in force till the hearing is concluded.

    Earlier this week, the court had said the ministry order is not a ‘speaking order’ as it does not give details of the violations by the channel. The court had said that the ministry should withdraw the show-cause notice to the channel, and issue a fresh order detailing violations.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court in the hearing on 8 November that a show-cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the arguments given by the channel had been taken into consideration and “therefore it is not a reasoned order”.

    The channel Care World had earlier been purportedly banned from the midnight of 9 November to midnight of 16 November 2016.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only come subject to the final order of the court.

    The judge also said in his order that the channel would not be permitted broadcast of this programme till its interim order was vacated.

    Also read

    http://www.indiantelevision.com/regulators/high-court/stay-on-care-world-tv-ban-extended-till-28-november-161123

    and

    http://www.indiantelevision.com/regulators/high-court/hc-seeks-detailed-govt-order-on-care-world-indias-week-long-ban-161128

  • HC admits challenge to Care World TV ban

    HC admits challenge to Care World TV ban

    NEW DELHI: The Bombay High Court yesterday admitted for hearing a petition challenging a week-long ban against Care World India TV, after the information and broadcasting ministry declined to replace its earlier order with a new detailed order.

    A division bench of the court comprising Justice Abhay Shreeniwas Oka and Justice Anuja Prabhudesai also confirmed the stay order on the ban, and this will remain in force till the hearing is concluded.

    Earlier this week, the court had said the ministry order is not a ‘speaking order’ as it does not give details of the violations by the channel. The court had said that the ministry should withdraw the show-cause notice to the channel, and issue a fresh order detailing violations.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court in the hearing on 8 November that a show-cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the arguments given by the channel had been taken into consideration and “therefore it is not a reasoned order”.

    The channel Care World had earlier been purportedly banned from the midnight of 9 November to midnight of 16 November 2016.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only come subject to the final order of the court.

    The judge also said in his order that the channel would not be permitted broadcast of this programme till its interim order was vacated.

    Also read

    http://www.indiantelevision.com/regulators/high-court/stay-on-care-world-tv-ban-extended-till-28-november-161123

    and

    http://www.indiantelevision.com/regulators/high-court/hc-seeks-detailed-govt-order-on-care-world-indias-week-long-ban-161128

  • Stay on Care World TV ban extended till 28 November

    Stay on Care World TV ban extended till 28 November

    NEW DELHI: The Bombay High Court today extended till 28 November 2016 its stay on the order of the Information and Broadcasting Ministry imposing a one-week ban against Care World India TV. 

    The extension came even as the I and B Ministry filed its reply, after the TV channel informed the court of Justice M S Karnik that it wanted to amend its petition. The channel will be required to satisfy the Court on the next date – 28 November – as to what amendments it wants to make. The court had earlier stayed the order till 24 November.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court in the last hearing on 8 November that a show cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the arguments given by the channel had been taken into consideration and “therefore it is not a reasoned order.” Care World was earlier banned from the midnight of 9 November to midnight of 16 November 2016.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only come subject to the final order of the court. 

    The judge also said in his order that the channel would not be permitted to broadcast this programme till its interim order was vacated.

    Also read:  HC stays MIB order against Care World

  • Stay on Care World TV ban extended till 28 November

    Stay on Care World TV ban extended till 28 November

    NEW DELHI: The Bombay High Court today extended till 28 November 2016 its stay on the order of the Information and Broadcasting Ministry imposing a one-week ban against Care World India TV. 

    The extension came even as the I and B Ministry filed its reply, after the TV channel informed the court of Justice M S Karnik that it wanted to amend its petition. The channel will be required to satisfy the Court on the next date – 28 November – as to what amendments it wants to make. The court had earlier stayed the order till 24 November.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court in the last hearing on 8 November that a show cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the arguments given by the channel had been taken into consideration and “therefore it is not a reasoned order.” Care World was earlier banned from the midnight of 9 November to midnight of 16 November 2016.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only come subject to the final order of the court. 

    The judge also said in his order that the channel would not be permitted to broadcast this programme till its interim order was vacated.

    Also read:  HC stays MIB order against Care World

  • HC stays MIB order against Care World

    HC stays MIB order against Care World

    NEW DELHI: Even as NDTV has gone to court and the MIB order against it held in abeyance, the Bombay High Court today stayed the order of the Information and Broadcasting Ministry directing a one-week ban against Care World India.

    Justice M S Karnik directed the I&B Ministry to file its reply within two weeks and listed the matter for hearing on 23 November 2016. The order would remain stayed till 24 November.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court that a show cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the argument given by the channel had been taken into consideration and “therefore it is not a reasoned order.”

    Care World had been banned since the midnight of 9 November to midnight of 16 November 2016. The order was issued under section 20(2) and 20(3) of the Cable Televisions Networks (Regulation) Act 1995 and some provisions of the Uplinking guidelines.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only be telecast subject to the final order of the court.

    The judge also said in his order that the channel would not be permitted to broadcast this programme till its interim order was vacated.

  • HC stays MIB order against Care World

    HC stays MIB order against Care World

    NEW DELHI: Even as NDTV has gone to court and the MIB order against it held in abeyance, the Bombay High Court today stayed the order of the Information and Broadcasting Ministry directing a one-week ban against Care World India.

    Justice M S Karnik directed the I&B Ministry to file its reply within two weeks and listed the matter for hearing on 23 November 2016. The order would remain stayed till 24 November.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court that a show cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the argument given by the channel had been taken into consideration and “therefore it is not a reasoned order.”

    Care World had been banned since the midnight of 9 November to midnight of 16 November 2016. The order was issued under section 20(2) and 20(3) of the Cable Televisions Networks (Regulation) Act 1995 and some provisions of the Uplinking guidelines.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only be telecast subject to the final order of the court.

    The judge also said in his order that the channel would not be permitted to broadcast this programme till its interim order was vacated.

  • NXT Digital-InCable merger gets shareholder nod; D’Silva bemoans lack of ecosystem support

    NXT Digital-InCable merger gets shareholder nod; D’Silva bemoans lack of ecosystem support

    MUMBAI: Hinduja Ventures Ltd’s (HVL’s) proposal to demerge its NXT Digital headend in the sky (HITS) business from its subsidiary Grant Investrade Ltd (GIL) and merge it into its cable TV MSO offshoot Indusind Media & Communications Ltd (IMCL) got the thumbs up from its shareholders at its AGM yesterday.

    The cable veteran and IMCL MD & CEO Tony D’Silva says that IMCL is now on the road to fully digest NXT Digital. “We are following the legal process and have already applied to the Bombay High Court and we have also informed the Ministry of Information and Broadcasting.”

    What drove the reorganisation? D’Silva explains: “When we launched NXT Digital, it was incorporated under GIL as an independent company. At that time, we thought it’s better to apply for a licence under GIL and we got the licence. We also thought that it’s better we keep GIL as the company away from IMCL so that no operator will feel that this is a backdoor entry to take over IMCL. But now the time has passed. GIL is an established company and so the NXT Digital move.”

    HVL whole time director Ashok Mansukhani adds that work is already on to integrate both NXT Digital and InCable. Says he: “We are starting with the backend. We are already synergising both the services. We have one of the best subscriber management systems (SMS) in HITS – ICC from Hansen Technologies. InCable is using Magnaquest for its SMS it is also migrating towards ICC. They will be kept separate but there will be one front end irrespective of who the operator is. “

    D’Silva says that more than 700 cable operator premise equipment (COPEs) have been installed so far. “An estimated three million cable TV subscribers are watching television through our HITS platform,” he reveals. “The philosophy of NXTDigital is very clearly to encourage the cable operator to grow and develop his/her business and also that we are a pure service provider. We don’t want to own any network and that message has gone to all the operators across the country.”

    NXT Digital is offering four different packages to MSOs and LCOs who opt for its service. The Gold Cope cost about Rs 13.5 lakh and gives a bouquet of 550 channels, the Silver costs Rs 10 lakh (450 channels) and the Bronze Rs nine lakh (350 channels). A new Eco package has been introduced for Phase IV areas with its price point being Rs 4 lakh (250 channels).

    D’Silva points out that almost 60 per cent of the installations are of the Gold Cope Unit in Phase III areas. “Even smaller markets are wanting HD channels,” he says.

    But even so the management at NXT Digital is pretty frustrated, and are especially concerned about the future of cable TV digitization. Says Mansukhani: “The final date of digitization is the bottleneck for us. Some 50 cases are pending in the high court. On Monday some cases will be hear. On 26 September there will be five cases in front of a chief justice and on 5 October 35 cases will be heard by a single bench. The chief justice has received these cases and whether they were issued in the constitutional law and interpretation of legislation – that decision will be taken on Monday.”

    The nuking of the sunset date for digitization in phase III areas by the various court cases has blown up the progress of NXT Digital. “We had earlier agreed between the IBF, MSOs, TRAI and MIB jointly that till 31 December 2015 the sunset date for Phase III broadcasters would not charge the digital rate to facilitate to process of digitisation,” says D’Silva. “That agreement is valid even today. But broadcasters are charging cable operators analogue rates in Phase III areas and they are slapping us with digital tariffs for the same regions. How is this fair? NXT Digital does not own any network…we are providing services. The same principle should apply to phase IV also where 60 million homes need to be digitized.”

    D’Silva exhorts broadcasters and the industry to give it its total support on HITS as it is a step forward in infrastructure sharing (which is a subject of a consultation paper that the Telecom Regulatory Authority of India put up recently).

    “This must be allowed. How will a big MSO in a small area function when the switchoff happens? He has to come to me. The fact is banks are sharing infrastructure in ATMs. Telcos are doing so too. Why spend money on overbuilding infrastructure,” he asks. “Excepting one broadcaster, all of them are permitting us to provide passive services to MSOs who have a DAS licence and have content agreements with them with the proviso that they pay directly to the broadcaster subject to the SMS report filed by our HITS platform. This one broadcast network is hell bent on undermining our effort to provide television to far flung subscribers in the interiors.”

    He further adds” “Then, the subscriber in Phase IV is paying Rs 60-80 for his channels. With a digitized package it could go up to Rs 160 or so. Even otherwise he may have to pay Rs 40 for just a handful of encrypted channels. The beneficiaries are only the broadcasters and they don’t have any digital model for rural India. The BARC ratings shows more and more free to air channel are popular in rural India. Who is going to pay for pay channels?”

    Asks Mansukhani: “Are we going to have a digital divide in our country? Digitisation will only be limited to metropolitan India and benefits will not flow to rural India. And going by the current goings-on there is a great danger of that happening.”

  • NXT Digital-InCable merger gets shareholder nod; D’Silva bemoans lack of ecosystem support

    NXT Digital-InCable merger gets shareholder nod; D’Silva bemoans lack of ecosystem support

    MUMBAI: Hinduja Ventures Ltd’s (HVL’s) proposal to demerge its NXT Digital headend in the sky (HITS) business from its subsidiary Grant Investrade Ltd (GIL) and merge it into its cable TV MSO offshoot Indusind Media & Communications Ltd (IMCL) got the thumbs up from its shareholders at its AGM yesterday.

    The cable veteran and IMCL MD & CEO Tony D’Silva says that IMCL is now on the road to fully digest NXT Digital. “We are following the legal process and have already applied to the Bombay High Court and we have also informed the Ministry of Information and Broadcasting.”

    What drove the reorganisation? D’Silva explains: “When we launched NXT Digital, it was incorporated under GIL as an independent company. At that time, we thought it’s better to apply for a licence under GIL and we got the licence. We also thought that it’s better we keep GIL as the company away from IMCL so that no operator will feel that this is a backdoor entry to take over IMCL. But now the time has passed. GIL is an established company and so the NXT Digital move.”

    HVL whole time director Ashok Mansukhani adds that work is already on to integrate both NXT Digital and InCable. Says he: “We are starting with the backend. We are already synergising both the services. We have one of the best subscriber management systems (SMS) in HITS – ICC from Hansen Technologies. InCable is using Magnaquest for its SMS it is also migrating towards ICC. They will be kept separate but there will be one front end irrespective of who the operator is. “

    D’Silva says that more than 700 cable operator premise equipment (COPEs) have been installed so far. “An estimated three million cable TV subscribers are watching television through our HITS platform,” he reveals. “The philosophy of NXTDigital is very clearly to encourage the cable operator to grow and develop his/her business and also that we are a pure service provider. We don’t want to own any network and that message has gone to all the operators across the country.”

    NXT Digital is offering four different packages to MSOs and LCOs who opt for its service. The Gold Cope cost about Rs 13.5 lakh and gives a bouquet of 550 channels, the Silver costs Rs 10 lakh (450 channels) and the Bronze Rs nine lakh (350 channels). A new Eco package has been introduced for Phase IV areas with its price point being Rs 4 lakh (250 channels).

    D’Silva points out that almost 60 per cent of the installations are of the Gold Cope Unit in Phase III areas. “Even smaller markets are wanting HD channels,” he says.

    But even so the management at NXT Digital is pretty frustrated, and are especially concerned about the future of cable TV digitization. Says Mansukhani: “The final date of digitization is the bottleneck for us. Some 50 cases are pending in the high court. On Monday some cases will be hear. On 26 September there will be five cases in front of a chief justice and on 5 October 35 cases will be heard by a single bench. The chief justice has received these cases and whether they were issued in the constitutional law and interpretation of legislation – that decision will be taken on Monday.”

    The nuking of the sunset date for digitization in phase III areas by the various court cases has blown up the progress of NXT Digital. “We had earlier agreed between the IBF, MSOs, TRAI and MIB jointly that till 31 December 2015 the sunset date for Phase III broadcasters would not charge the digital rate to facilitate to process of digitisation,” says D’Silva. “That agreement is valid even today. But broadcasters are charging cable operators analogue rates in Phase III areas and they are slapping us with digital tariffs for the same regions. How is this fair? NXT Digital does not own any network…we are providing services. The same principle should apply to phase IV also where 60 million homes need to be digitized.”

    D’Silva exhorts broadcasters and the industry to give it its total support on HITS as it is a step forward in infrastructure sharing (which is a subject of a consultation paper that the Telecom Regulatory Authority of India put up recently).

    “This must be allowed. How will a big MSO in a small area function when the switchoff happens? He has to come to me. The fact is banks are sharing infrastructure in ATMs. Telcos are doing so too. Why spend money on overbuilding infrastructure,” he asks. “Excepting one broadcaster, all of them are permitting us to provide passive services to MSOs who have a DAS licence and have content agreements with them with the proviso that they pay directly to the broadcaster subject to the SMS report filed by our HITS platform. This one broadcast network is hell bent on undermining our effort to provide television to far flung subscribers in the interiors.”

    He further adds” “Then, the subscriber in Phase IV is paying Rs 60-80 for his channels. With a digitized package it could go up to Rs 160 or so. Even otherwise he may have to pay Rs 40 for just a handful of encrypted channels. The beneficiaries are only the broadcasters and they don’t have any digital model for rural India. The BARC ratings shows more and more free to air channel are popular in rural India. Who is going to pay for pay channels?”

    Asks Mansukhani: “Are we going to have a digital divide in our country? Digitisation will only be limited to metropolitan India and benefits will not flow to rural India. And going by the current goings-on there is a great danger of that happening.”

  • Hearing of DAS cases in Delhi HC put off to Oct

    Hearing of DAS cases in Delhi HC put off to Oct

    NEW DELHI: The hearing of the first bunch of cases relating to the stay orders on Phase III of Digital Addressable System has been adjourned by the Delhi High Court to 5 October as the court did not assemble after the lunch break.

    The cases were listed before Justice Sanjeev Sachdeva, who is also scheduled to hear on 13 September three more cases including that of Home Systems Pvt Ltd of Mumbai and another by Digiana Pvt Ltd which have been transferred to the Court.

    The application by the Indian Broadcasting Foundation (IBF) for being impleaded in the case also did not come up for hearing. However, it is expected that this may be mentioned on 13 September.

    Some of the cases scheduled for hearing today included the Rohtak Cable Operators’ Association, Andhra Pradesh MSOs Welfare Federation, Multi System Operators’ Welfare Association, Sai Big Star Welfare Association, Sree Devi Digital Systems, Federation of Telangana MSO, DEN Manoranjan Satellite, Victory Digital, Sri Chowdeshwary Cable Network, Shyam Baba Cable Network, Panchajanya Media, Bharat Digital Cable Network, Nashik Zilla Cable Operators Association, Bhima Riddhi Digital Services and Yogesh Cable Networks.

    A total of 62 cases had been filed by multi-system operators (MSOs) in various courts for extension in the deadline of Phase lll. Of these, 12 cases had been disposed of by respective courts and three cases had been withdrawn by the petitioners.

    In the 16th Task Force meeting, the Information and Broadcasting Ministry (MIB) had for the first time admitted that the Law Ministry had observed that the order passed by the Andhra Pradesh High Court staying Phase III “appears to have all lndia applicability”.

    (The Ministry had sought this opinion in view of the Bombay High Court making a reference to the Kusum Ingots case which had said that if one high court gives an order, others can give similar orders if similar circumstances exist. indiantelevision.com had reported in January this year that the MIB had told the Punjab and Haryana high court that it had ‘decided not to press the requirement of having a STB as for now till the decision of the cases which are pending before various other high courts’).

    The meeting had been told that there were no cases in twenty states but the MIB was not in a position to issue orders in view of the advice given by the law ministry.

    Earlier, the Indian Broadcasting Foundation had withdrawn its petition after the Supreme Court said that the order of the Bombay High Court did not imply any pan-India stay.

    Cases are pending in the High Courts of Bombay, Hyderabad (with separate petitions for Telengana and Andhra Pradesh), Allahabad, Assam, Odisha, and Chhattisgarh for the entire states, apart from Tamil Nadu where prolonged legal cases have been pending since Phase I.

    In Karnataka, three individual stakeholders got stay orders in Mangalore and Mysore areas while there is no state-wide stay.

  • Hearing of DAS cases in Delhi HC put off to Oct

    Hearing of DAS cases in Delhi HC put off to Oct

    NEW DELHI: The hearing of the first bunch of cases relating to the stay orders on Phase III of Digital Addressable System has been adjourned by the Delhi High Court to 5 October as the court did not assemble after the lunch break.

    The cases were listed before Justice Sanjeev Sachdeva, who is also scheduled to hear on 13 September three more cases including that of Home Systems Pvt Ltd of Mumbai and another by Digiana Pvt Ltd which have been transferred to the Court.

    The application by the Indian Broadcasting Foundation (IBF) for being impleaded in the case also did not come up for hearing. However, it is expected that this may be mentioned on 13 September.

    Some of the cases scheduled for hearing today included the Rohtak Cable Operators’ Association, Andhra Pradesh MSOs Welfare Federation, Multi System Operators’ Welfare Association, Sai Big Star Welfare Association, Sree Devi Digital Systems, Federation of Telangana MSO, DEN Manoranjan Satellite, Victory Digital, Sri Chowdeshwary Cable Network, Shyam Baba Cable Network, Panchajanya Media, Bharat Digital Cable Network, Nashik Zilla Cable Operators Association, Bhima Riddhi Digital Services and Yogesh Cable Networks.

    A total of 62 cases had been filed by multi-system operators (MSOs) in various courts for extension in the deadline of Phase lll. Of these, 12 cases had been disposed of by respective courts and three cases had been withdrawn by the petitioners.

    In the 16th Task Force meeting, the Information and Broadcasting Ministry (MIB) had for the first time admitted that the Law Ministry had observed that the order passed by the Andhra Pradesh High Court staying Phase III “appears to have all lndia applicability”.

    (The Ministry had sought this opinion in view of the Bombay High Court making a reference to the Kusum Ingots case which had said that if one high court gives an order, others can give similar orders if similar circumstances exist. indiantelevision.com had reported in January this year that the MIB had told the Punjab and Haryana high court that it had ‘decided not to press the requirement of having a STB as for now till the decision of the cases which are pending before various other high courts’).

    The meeting had been told that there were no cases in twenty states but the MIB was not in a position to issue orders in view of the advice given by the law ministry.

    Earlier, the Indian Broadcasting Foundation had withdrawn its petition after the Supreme Court said that the order of the Bombay High Court did not imply any pan-India stay.

    Cases are pending in the High Courts of Bombay, Hyderabad (with separate petitions for Telengana and Andhra Pradesh), Allahabad, Assam, Odisha, and Chhattisgarh for the entire states, apart from Tamil Nadu where prolonged legal cases have been pending since Phase I.

    In Karnataka, three individual stakeholders got stay orders in Mangalore and Mysore areas while there is no state-wide stay.