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Tag: Digital Addressable System

  • MIB to not press for DAS Phase III execution till High Courts rule on pending cases

    MIB to not press for DAS Phase III execution till High Courts rule on pending cases

    NEW DELHI: Faced by various High Courts extending the deadline of implementation of Phase III of Digital Addressable System (DAS), the Information and Broadcasting Ministry has told the Punjab and Haryana High Court that “it will not press for requirement of having a set top box (STB) as of now.”

     

    In view of this, Justice Rakesh Kumar Jain dismissed as infructuous a petition by cable operator Parbobh Rattan seeking extension the ground that there was shortage of STBs.

     

    Counsel Vivek Singla told the Court that “the Ministry of Information and Broadcasting, Government of India has 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 Honourable High Courts.”

     

    Earlier, Assistant Solicitor General Chetan Mittal was informed through a letter by an under secretary, Anil Kumar, that legal opinion was clear that the interpretation of the Bombay High Court was clear that the earlier orders of the Hyderabad High Court relating to Andhra Pradesh and Telangana applied to the entire country.

     

    This was stated in the letter asking Mittal to defend the petition before the Punjab and Haryana High Court and telling him that there was very little time for filing a counter-affidavit on the issue.

     

    The Ministry also sent Mittal a detailed note on the issue, apart from orders by the Hyderabad and Bombay High Courts.

     

    The Bombay High Court had relied on the Supreme Court order in the Kusum Ingots and Allous Ltd case where the apex Court had said that a High Court could give an order similar to that given by other High Courts if the circumstances were similar.

     

    In this case, all the cases relate to shortage in seeding of STBs.

     

    However, Ministry Secretary Sunil Arora had told Indiantelevision.com earlier that the Centre would be moving the Supreme Court shortly. Ministry sources said that the petition in the apex Court was likely to be an appeal against one High Court with an application that all other matters may also be heard simultaneously.

     

    The matter has already been stayed by other High Courts including Sikkim, Odisha, Chhattisgarh for the entire state, and for individual local cable operators in Karnataka and Kerala.

  • I&B Ministry awaits Law Ministry’s opinion on DAS Phase III stay orders

    I&B Ministry awaits Law Ministry’s opinion on DAS Phase III stay orders

    NEW DELHI: Even as High Courts across different Indian states continue to issue extension of the Digital Addressable System (DAS) Phase III deadline beyond 31 December, 2015, the Information and Broadcasting Ministry is still waiting for the Law Ministry to respond to the file on the issue.

     

    However, as was first reported by Indiantelevision.com, I&B Secretary Sunil Arora had confirmed that the Ministry will move the Supreme Court and file an application for clubbing the various orders in different High Courts, which ordered an extension of the deadline.

     

    That said, it was not immediately clear whether this would be a fresh appeal, or would be in the form of an appeal against one of the High Court orders with an additional request that since other matters are similar, they could also be heard at the same time.

     

    This decision came as a disappointment to many multi system operators (MSOs) in other states who said that they would find it very difficult to come to Delhi to fight the case or pay the high fee charges by Supreme Court advocates for this purpose.

     

    Several rounds of discussions have been held internally as well as with officials of the Law Ministry and legal experts over the past few days before coming to this decision, to thwart the snowballing effect of the orders that commenced from Hyderabad and found a boost in the arguments in the Bombay High Court based on the Kusum Ingots case of 2004, which encouraged MSOs and local cable operators (LCOs) in other states.

     

    While the Kerala and Karnataka High Courts are to hear petitions early next week, the implementation remains stayed for varying periods in the states of Andhra Pradesh, Assam, Chhattisgarh, Maharashtra, Orissa, Sikkim, and Telangana, apart from Tamil Nadu where prolonged legal cases have been pending since Phase I.

     

    Adding to its woes, I&B Minister Arun Jaitley has received a letter from the Andhra Pradesh Chief Minister N Chandrababu Naidu seeking a six-month extension for the 800+ MSOs and 9000+ LCOs across 13 districts serving 1.3 million households in the state. 

     

    Reacting to this, an official of the I&B Ministry said that these High Courts orders would have no effect on the Government decision to stick to its date of 31 December, 2015 and it had asked broadcasters and MSOs to switch off analogue signals in all areas covered under Phase III, which was aimed at the remaining urban areas except where certain states sought exemption.

     

    The official also said that the Courts were generally following the logic given before the Bombay High Court whereby the Supreme Court had said in the Kusum Ingots case that if one High Court gives an order, others can give similar orders if the circumstances are similar. In this case, the petitioners had sought to say in all the cases that there was a shortage of set top boxes (STBs), which belied the figures received by the Government, the official added.

     

    There was also general consensus in the Ministry that this was the right course as the apex court had on an earlier occasion relating to the Cable Television Networks (Regulation) Act 1995 and orders issued thereunder that High Courts have to be cautious when giving orders on matters relating to policy.  

       

    While the Ministry would prepare to file its counters in all the High Courts, the Ministry official also said it was working on how plans to thwart the implementation of Phase III could be prevented – if necessary through legislative processes.

     

    The Government feels that the cases would in fact work against the last mile operator (LMO) and benefit the direct to home (DTH) and Headend In the Sky (HITS) players.

     

    Sources said that they had evidence to show seeding of STBs to the extent of 76 per cent as revealed in the 13th Task Force meeting on 30 December. 

     

    Broadcasters and channel distributors feel any extension would only lead to delays in all fields of digitisation including a further delay in not just the Phase III and Phase IV (slated for December 2016) but also pockets of Phase I and Phase II, which have still not implemented digital addressable systems.

     

    At the same time, stakeholders agree that there is a shortage of STBs and just one or two players are making local boxes despite the ‘Make in India’ campaign, and the government had to be make some relaxations in the budget in this regard.

  • Guwahati gets 60 days extension in DAS Phase III

    Guwahati gets 60 days extension in DAS Phase III

    MUMBAI: The tussle between the judiciary and the Ministry of Information and Broadcasting (MIB) for the Digital Addressable System (DAS) Phase III deadline continues even as the official deadline of 31 December, 2015 has passed by.

    After Telangana, Andhra Pradesh, Sikkim, Maharashtra and Odhisa, now Kamrup District under which comes Guwahati has received an extension of 60 days to implement DAS.

    The office of District Magistrate, Kamrup Metropolitan District: Guwahati after perusing the letter submitted by Greater Guwahati Cable TV Operators Association general secretary Shwarupananda Bharali, in the interest of general public and the cable TV viewers, has extended the transmission of the analogue signals for a period of 60 days.   

    A cable operator on condition of anonymity informs Indiantelevision.com that Kamrup has over three lakh Phase III subscribers and the seeding process is very slow. He further adds, “The set top box (STB) manufacturers are not taking orders now. They are asking us to wait for at least three to four days more. After they receive the order, they will take at least 20 more days to deliver. Hence we welcome the honourable DC’s decision and hope that brings some respite.”   

    The analogue signals are restored now in the vicinity but were totally blacked out on 1 – 2 January, 2016. “There were many cases of public outrage, physical harassment but thankfully no report of loss of life or property were received,” added another cable operator.

  • Odhisa HC recognises Ortel’s representation on DAS Phase III; urges MIB to give it two months

    Odhisa HC recognises Ortel’s representation on DAS Phase III; urges MIB to give it two months

    MUMBAI: Is another state joining the ranks of those who have asked for – and have been given – time to be able to implement digitisation in Digital Addressable System (DAS) Phase III areas? If initial indications are to be believed, the answer is yes. According to our sources, the Odhisa High Court has directed the Ministry of Information and Broadcasting (MIB) to act on the representation given by Last Mile Owner (LMO) Ortel Communications.  
     

    The LMO had presented various teething issues relating to digitisation, which were leading to delays in meeting the deadline date in Phase III areas, to the MIB. But the ministry, apparently ignored Ortel’s representations. Following which the company approached the Odhisa High Court. 

     

    “We are totally in favor of digitisation and are always ready to support it in every possible way. Our petition is not against DAS; our concern is the unavailability of various important aspects, which is proving to be a handicap for us,” asserts a senior company official.

     

    Shortage of set top boxes (STBs) was the main concern in the submitted representation, which also had consumer resistance and capital crisis in it, among others. 

    “The court recognised the STB drought and has directed the MIB to address the issue in two months’ time. Meanwhile, the court has also directed that no action should to be taken against Ortel before the representation is addressed,” a source present in the court tells Indiantelevision.com.

     

    “This direction of the court is for Ortel communications and its operations, and not an overall Odhisa statement,” clarified the source in the court.
     

    But given the strong hold Ortel has over Odhisa as the main provider of cable TV there, it probably means an extension of the digitisation deadline in the state, say industry sources. 
     

    Also read: DAS Phase III stayed in 5 states including Maharashtra

  • MIB grants 45 provisional licences to MSOs in final fortnight of 2015 to push DAS Phase III

    MIB grants 45 provisional licences to MSOs in final fortnight of 2015 to push DAS Phase III

    NEW DELHI: With the deadline for Phase III of Digital Addressable System (DAS) over, a new list issued on 2 January, 2016 showed another 45 multi system operators (MSOs) had been given provisional licences after the last list issued up to 15 December.
     
    The Information and Broadcasting Ministry website did not display the number of permanent licensees, indicating that the number remains at 230 as it has remained since 20 November.
     
    With the latest list, the number of provisional and permanent licensees has finally crossed 600 to reach 612 from 567 on 15 December, 2015.
     
    The pace appears particularly tardy considering that the Home Ministry had over six months earlier announced that it was aiming to do away with security clearances for MSOs. However, I&B Ministry sources told Indiantelevision.com that nothing had been received in writing in this regard from the Home Ministry.  
     
    The number of MSOs was 567 in mid-December, 553 by 24 November and 470 earlier in November, but this increase was merely in those who have provisional licences.
     
    The sources said many MSOs holding provisional licences had not completed certain formalities relating to shareholders and so on.
  • Sikkim joins three others states excluded from DAS Phase III

    Sikkim joins three others states excluded from DAS Phase III

    NEW DELHI: The extension of Digital Addressable System (DAS) by three different High Courts affecting four states does not augur well for the Information and Broadcasting Ministry, which may see a catapulting of such cases as reports pour of just over 50 per cent of seeding of set top boxes (STBs).
     
    After the extension of deadline in both Telengana and Andhra Pradesh, the Sikkim High Court has ordered a stay on analogue cable television signals switch-off until 28 March. A stay had been ordered after the first phase by the Madras High Court for Tamil Nadu, which also remains in force, though the Madhya Pradesh High Court has rejected a petition by Om Systems of Indore challenging Section 4A of Cable Television Networks Regulation Act 1995.
     
    Phase III stipulated for analogue signals to be switched off in all urban areas of the country by 31 December, 2015.
     
    Justice Meenakshi Madan Rai of the Sikkim High Court said in her order on a petition by All Sikkim Cable Operators Association that subscribers will be affected for no fault of theirs. The petition was filed through Association president Roshan Rai.
    In the arguments, it was contended that multi-system and local cable operators had to bear a high cost of migrating to a digital addressable service (DAS) and there were no investors; the difficult terrain of the state was not conducive to laying of optical fibre Cables (OFC) required for Digital networks; Set-Top-Boxes were not easily available in the country; and time limits for migration to digital regime are almost impractical.
    The court also noted that the Association had written to Information and Broadcasting Ministry Secretary Sunil Arora on 26 November, 2015 apprising him of the constraints faced by the MSOs and LCOs and requesting for an extension of the deadline but the Ministry did not care to reply.
    The Court turned down a plea by Telecom Regulatory Authority of India (TRAI) to be impleaded. 
    The directive by the Hyderabad High Court was notable in that Justice Vilas V Afzalpurkar went against an order given by a division bench of which he was a member in the same court relating to Phase III on 20 August, 2013.
  • DAS Phase III: Govt. insists 76% STB seeding; stakeholders claim huge shortage

    DAS Phase III: Govt. insists 76% STB seeding; stakeholders claim huge shortage

     
     NEW DELHI: The Government has claimed that the percentage achievement of coverage of Digital Addressable System (DAS) Phase III so far is 76 per cent, even as reports from multisystem and local cable operators in various states alleged there was huge shortage of set top boxes.
     
    In fact, the 13th Task Force meeting – the last to be held before the deadline of 31 December – was told that the percentage achievement was 86.25 if Tamil Nadu that has some legal and other issues is excluded. The meeting was told there were only 405 zero seeding areas till the last report.
     
    But reports from MSOs and LCOs to Indiantelevision.com from various parts of the country including Maharashtra, Madhya Pradesh and West Bengal said there is acute shortage of set top boxes (STBs) and indicated under 50 per cent seeding.
     
    In the 13th Task Force meeting presided over Special Secretary J S Mathur, Joint Secretary (Broadcasting) R Jaya said the number of urban areas to be digitised in Phase lll after updation of 27 States/UTs is 6016. While changes had been made in some urban states on the basis of reports from some state governments and union territories, comments were still awaited from the States/UTs of Maharashtra, Karnataka, Bihar, Tamil Nadu, Lakshdweep and Dadra Nagar Haveli. 
     
    Out of the 685 areas including West Bengal (where 280 areas were removed soon after the Task Force meeting), 450 areas had less than 1000 TV households and 226 from 1000 to 5000 TV households.
     
    Jaya said out of 510 MSOs registered for Phase lll areas as on the date of the meeting, only 190 MSOs are entering seeding data in the Management Information System (MIS). A total of 135 MSOs have still not logged into MIS and 185 MSOs have logged but have not reported any seeding. She said the Ministry had granted 567 registrations so far. Ninety applications are under process and 35 applications are pending clarifications. Affidavits are awaited from 170 applicants. About 100 applications were received in November and December. 
     
    She said the Home Ministry in July 2015 decided that no security clearance was deemed for issue of registration to MSOs. Since this would involve amendment in the rules, till that time, provisional registrations are being issued by the Ministry. The Joint Secretary further mentioned that the applications are still being received and in some cases the registrations are pending for want of documents. She also mentioned that as informed in the PowerPoint presentation made at the meeting, the MSO dark areas were minimal. 
     
    A Toll free facility has been operational for the last two months and an average of about 500 calls are being received every day over the last 10 days. 
     
    About 400 officers from AIR and Doordarshan have been nominated to inspect the headends of MSOs and in this regard inspection reports have already been received from 50 officers. 
     
    Shortage of STBs and their delivery and pending interconnect agreements with broadcasters as reported by some MSOs, were also mentioned. It was informed that requests had been received from Uttarakhand, Andhra Pradesh and Maharashtra and some MSOs for extension in cut-off date for Phase lll of digitisation. 
     
    It was also pointed out that seeding data received from direct to home (DTH) operators was based on PIN codes of places. DTH operators were requested to confirm their data as per the urban areas notified by the Ministry to confirm correct seeding status in Phase lll areas. 
     
    The representative of DTH mentioned that they have at present 16 million active set top boxes and another two million STBs, which shall be activated soon after the 31 December timeline in Phase lll areas. He added that apart from this, four million STBs are catered to by DD Freedish and another eight million by digital cable. He said the the seeding data for each notified phase lll urban area would be sent very shortly. He stated that the data for seeding of 16 million STBs may be taken. 
     
    It was decided that the seeding data may be accepted. Jaya said the data for two million STBs to be activated after the cut-off date shall however be included only after report of their activation is finally received. 
     
    A representative of Ortel Communications mentioned that due to component shortage with STB manufacturers, the delivery of STBs ordered by them is affected despite advance payment made by them. He added that they have seeded 30 per cent of STBs so far and have a stock of about 20 per cent. 
     
    Mathur said the notification for the cut-off date for Phase lll had been issued on 11 September, 2014, which was more than a year ago. Further, several awareness campaigns, Task Force and MSO sub-group meetings and orientation workshops for the State and district Nodal officers have been held during this period. In addition concerned officials of the State Governments including the Chief Secretaries have been sensitised from time to time on the importance of the initiative. Hence there was no case whatsoever to consider any extension in the cut-off date. 
     
    On a query by the Indian Broadcasting Foundation (IBF) representative about 700 MSOs have single headend for both final phases, Jaya said an advisory was issued to all registered MSOs informing them that in case they have a single control room for Phase lll and Phase lV areas, they must take separate lRDs from broadcasters for taking digital signals in Phase lll areas and analogue signal in Phase lV areas. 
     
    A representative of the Telecom Regulatory Authority of India (TRAI) said it was made clear in all meetings that analogue signals can not be transmitted in Phase lll areas after 31 December, 2015. MSOs and broadcasters were required to make arrangements in advance for feeding Phase lll and Phase lV areas. He added that as per the interconnect regulations analogue transmission is permitted in Phase lV areas and MSOs and broadcasters should find a technological solution to the problem of segregating the feeds from the same control room. 
     
    When the IBF representative apprehended piracy problems in Phase lll areas, he was told the broadcasters must take action as per the law against those indulging in piracy. He was told that it is their responsibility to ensure that analogue signals are not transmitted in Phase lll areas without affecting transmission of analogue signals in Phase lV areas. 
     
    He was also told that the Ministry will write to all State/UT Governments to take action against those violating the law. Jaya remarked that broadcasters have to cancel the agreements entered by them for analogue signals in Phase lll areas.
     
    The Maharashtra government representative said difficulties have been reported from the field in implementing digitisation in the state within the timelines. 
     
    The Maharashtra Cable Operators Federation representative said about 60 per cent areas in Maharashtra are not served by the national MSOs. He said about one million STBs are to be seeded, which is not possible. He added that 40 registrations are pending to be issued by Ministry. 
     
     
    A representative of consumer organisation Savera said consumers were facing difficulties in redressal of their complaints from the MSOs/LCOs, and suggested the Consumer Affairs Ministry be added for redressal of the complaints. He also suggested that the Ministry may hold workshops on cable TV digitisation in all districts for awareness of the consumers. He was told that 11 workshops were held by Ministry for implementation of Phase lll and similar workshops have been planned to be held in Phase lV also. Besides, five advertisements on separate dates were issued in newspapers pan-India and both News and general entertainment channels (GECs) have been carrying ads and scrolls accordingly for information of all.
  • MSOs may use single control room for DAS & analogue with separate IRDs from broadcasters

    MSOs may use single control room for DAS & analogue with separate IRDs from broadcasters

    NEW DELHI: Multi-system operators (MSOs) must take separate IRDs for digital signals for Digital Addressable System (DAS) Phase III areas and analogue signals for Phase IV areas from broadcasters to enable transmission of DAS in Phase III areas while not affecting the final phase areas.

    In an advisory, the Information and Broadcasting Ministry said however that MSOs are permitted to use a single control room for transmitting digital for Phase III s well as analogue signals for Phase IV.

    It was pointed out that according to Section 4A of the Cable Television Network (Regulation) Act 1995, it is obligatory for every cable operator to transmit or re-transmit programmes of any channels in an encrypted form through a digital addressable system from such date as may be notified for any area.

    While the cut-off for implementation of DAS for Phase III areas is 31 December  2015, it is exactly a year later for Phase IV.

    The clarification came as the Ministry said it “is learnt that some MSOs are having a single control room for feeding Phase III & IV areas. In this connection a confirmation has been sought by some MSOs that Phase III & IV areas can be fed from the same control room.”  

    The Ministry also cautioned that while taking up such arrangement, MSOs must ensure that only DAS signals are transmitted in Phase III areas.

    However, voluntary digitisation in Phase IV areas is advisable, the note by Joint Secretary (Broadcasting) R Jaya said.

  • No delay in DAS Phase III deadline, stop gap agreements allowed till TRAI draws up formal format

    No delay in DAS Phase III deadline, stop gap agreements allowed till TRAI draws up formal format

    NEW DELHI: The Bombay High Court has directed that local cable operators (LCOs) should be allowed to execute draft model standard interconnection agreement as a stop gap arrangement in view of the approaching deadline of Phase III of Digital Addressable System (DAS).

     In an order by Justice V. M. Kanade and Justice Revati Mohite Dere, which came shortly after another judgment by the Court declining to stay the DAS Phase III deadline, it was said that the Registration Authorities will give full cooperation for registration of the agreements. The Court clarified that the parties should execute an agreement but registration of the same may not be done immediately.

     The Court directed the Telecom Regulatory Authority of India (TRAI) to finalise the draft in accordance with the request made by the LCOs and multi system operators (MSOs) by the next date, 4 January “so that in future a standard format of the agreement can be executed between MSOs and LCOs throughout the country.”

     In the petition filed by the Maharashtra Cable Operators Federation (MCOF) against the TRAI and some MSOs, the judges said the agreements to be executed between the parties will be subject to further negotiation, which is going on between the parties and subject to further orders and directions given by the Court in respect of some of the clauses mentioned in the said agreement.

     The Court kept open all other contentions of the petitioner MCOF and the respondents.

     Reiterating that it was not necessary to postpone the deadline of 31 December, the Court said the MSOs will “forthwith supply the Set Top Boxes (STBs) to the local cable operators upon the payment of the costs of the STBs and licence fees as per the agreement.”

     It said MSOs and LCOs will ensure that all the customers will get the STBs in time and “if necessary, they will work overtime – day and night – for supplying these Set Top Boxes before 31 December 2015.”

     The application filed by India Broadcasting Foundation (IBF) to intervene was allowed. MCOF was asked to add IBF as Party Respondents and also supply the copy of the petition and other necessary documents.

     While Mumbai and some other cities of the state have been covered in the first two phases, several cities have been listed for the third phase.

  • DishTV rolls out new subscription pack for DAS Phase III markets

    DishTV rolls out new subscription pack for DAS Phase III markets

    MUMBAI: In an attempt to capture a chunk of analogue cable users in Phase III areas of Digital Addressable System (DAS), direct to home (DTH) company, DishTV is gearing up for an aggressive plan. 

     

    The company has launched a new subscription package called Dish99 and has also launched a campaign, which is catered to the specific needs of the phase III audience.

     

    The new subscription package gives users the freedom to choose and make their own monthly pack. Dish99 will give consumers access to 125 channels and services in digital quality and also top it up with a choice of custom-made 17 entertainment add-on packs ranging from Rs 25 – 75 and five regional add-ons for Rs 10 each. 

     

    Speaking on the same, a DishTV spokesperson said, “TV viewing is ubiquitous and the most affordable means of entertainment in the country. It has always been our endeavour to provide unparalleled and most innovative services to our customers for a unique TV viewing experience. Now, with the deadline of phase III of TV digitisation coming to a close, we aim to capitalise the huge captive user base, which would be switching from analogue cable to digital platform. Dish99 offers the ‘power to create their own pack’ and ensure seamless services with uninterrupted entertainment at cost effective rates to every household in India.”  

     
    To augment the digitisation drive in Phase III, DishTV has introduced a 360 degree multi-media campaign spanning TV, outdoor, radio, digital and online that leverages the power of popular TV celebrities. “This DAS campaign features DishTV’s relatable faces to strike a chord amongst the audience and create awareness about TV digitisation among every household to shift from analog to digital platform,” the spokesperson added.