ITV

Tag: GTPL HATHWAY

  • GTPL Hathway reports higher numbers and flat q-o-q ARPUs

    BENGALURU: After declaring a maiden 10 percent dividend for the previous fiscal, Indian Multi-System Operator (MSO) and Broadband Internet Services (broadband) provider GTPL Hathway Limited has reported a year-over-year growth in standalone CATV total income of 25 percent for the quarter ended 30 June 2017 (Q1-18, current quarter). Quarter-on-quarter (q-o-q), standalone CATV total income however declined 5 percent on lower other income. The company’s Average Revenue per User (ARPU, net of taxes) was almost flat q-o-q across all the four DAS phases I, II, III and IV at Rs 100, 95, 54 and 40 respectively, except that in Q4-17, DAS phase IV ARPU reported by the company was slightly higher at Rs 41. GTPL Hathway reported CATV total income of Rs 1,782 million, Rs 1,884 million and Rs 1,423 million for Q1-18, Q4-17 and Q1-17 respectively.

    The company’s has two subsidiaries – GTPL Broadband Private Limited a 100 percent subsidiary of GTPL Hathway and GTPL Kolkata      Cable and Broadband Pariseva Limited (KCBPL) in which GTPL Hathway has a 51 percent stake.

    Both the subsidiaries along with GTPL Hathway (standalone)     contributed approximately 90 percent of revenue in consolidated accounts of financial year 2016-2017. The two subsidiaries also reported a healthy growth in numbers.

    GTPL Hathway managing director Anirudhasinhji Jadeja said, “After posting 33 percent growth in CATV subscription revenue and 77 percent growth in broadband subscription revenue, GTPL Hathway continued the growth momentum well into the first quarter of fiscal 2018. The monetisation of phase III and phase IV kicked off. Further, at GTPL we are continuously upgrading our technology to offer the best in class output to our subscribers. We have deployed the next generation video headend system Harmonic Inc., USA which will enable us to offer up to 650 cable TV channels and 50 OTT channels.”

    GTPL standalone EBIDTA for the current quarter increased 29 percent y-o-y to Rs 570 million (32 percent margin) from Rs 443 million (31 percent margin), but declined 10 percent q-o-q from Rs 637 million (34 percent margin). Standalone profit after tax (PAT) increased 86 percent y-o-y to Rs 148 million from Rs 79,4 million, but declined 26 percent q-o-q from Rs 201 million.

    GTPL standalone subscription revenue increased 19 percent y-o-y in Q1-18 to Rs 903 million from Rs 757 million and increased 7 percent q-o-q from Rs 842 million. Standalone placement revenue in the current quarter increased 17 percent y-o-y to Rs 578 million from Rs 493 million and increased 2 percent q-o-q from Rs 567 million. Activation revenue in Q1-18 increased 34 percent y-o-y to Rs 176 million from Rs 136 million and increased 3 percent q-o-q from Rs 171 million. Other income in the current quarter almost tripled (2.98 times) y-o-y to Rs 125 million from Rs 42 million, but was less than half (declined 59 percent) q-o-q as compared to Rs 304 million in Q4-17.

    GTPL standalone total expenditure increased 24 percent y-o-y in Q1-18 to Rs 1,211 million from Rs 980 million, but declined 3 percent q-o-q from Rs 1,247 million. Pay channel cost in Q1-18 increased 28 percent y-o-y to Rs 798 million from Rs 622 million, but declined 2 percent q-o-q from Rs 815 million.

    GTPL standalone employee cost in the current quarter increased 15 percent y-o-y to Rs 116 million from Rs 101 million and declined 11 percent q-o-q from Rs 130 million.  Standalone administrative expense in Q1-18 increased 17 percent y-o-y to Rs 174 million from Rs 149 million but declined 2 percent q-o-q from Rs 177 million. Standalone other operating expense in the current quarter increased 14 percent y-o-y to Rs 123 million from Rs 108 million and was almost flat q-o-q as compared to Rs 124 million.

    The company says that it has seeded 0.86 million set top boxes in the current quarter and increased its active digital subscribers by 0.71 million. So far until 30 June it has seeded 7.76 million STBs’ and it has 6.69 million active STBs’. Phase-wise, GTPL Hathway says that it has completed seeding of 0.72 million, 2.23 million, 2.53 million and 2.28 million STBs’ in DAS phases I, II, III and IV respectively until 30 June 2017.

    KCBPL total income in the current quarter increased 12 percent y-o-y to Rs 325 million from Rs 290 million and increased 5 percent q-o-q from Rs 310 million. KCBPL EBIDTA in Q1-18 declined 23 percent y-o-y to Rs 63 million from Rs 81 million and increased 7 percent q-o-q from Rs 59 million. KCBPL reported loss of Rs 13 million as compared to a profit of Rs 8 million in the corresponding year ago quarter and a lower loss of Rs 7 million in the immediate trailing quarter Q4-17.

    GTPL Broadband total income increased 25 percent y-o-y to Rs 318 million from Rs 254 million and increased 4 percent q-o-q from Rs 304 million. GTPL Broadband EBITDA in Q1-18 increased 65 percent y-o-y to Rs 84 million from Rs 51 million and increased 9 percent q-o-q from Rs 77 million. GTPL Broadband PAT almost doubled (went up by 95 percent) to Rs 37 million from Rs 19 million and increased 10 percent q-o-q from Rs 34 million.

    GTPL Broadband subscriber base increased to 0.25 million in Q1-18 as compared to 0.19 million in Q1-17 and 0.24 million in Q4-17. Broadband ARPU increased to Rs 486 in Q1-18 as compared to Rs 455 in the corresponding year ago quarter Rs 480 in the immediate trailing quarter.

    Also Read:

    GTPL Hathway declares maiden dividend on higher numbers for FY-17

    GTPL boosts channels & OTT with Harmonic, can deliver to 8 mn homes

    GTPL Hathway allots Rs. 1450 mn to anchor investors, IPO opens today

  • GTPL Hathway declares maiden dividend on higher numbers for FY-17

    BENGALURU: Indian multi-system operator GTPL Hathway declared a maiden dividend of ten percent for the year ended 31 March 2017 (FY-17, current year) per equity share of face value of Rs 10. The company was listed on the bourses on 4 July 2017 after the conclusion of a Rs 4,850 initial public offering (IPO) that was oversubscribed by 1.53 times in the third week of June 2017.

    GTPL reported 26.5 percent growth in Total Income to Rs 9,417.40 million in FY-17 from Rs 7,442.84 million in FY-16. Net Profit after tax (PAT) increased by more than seven times to Rs 262.42 million in the current fiscal from Rs 36.93 million in the previous year. Total comprehensive income also increased almost seven-fold to Rs 259.79 million from Rs 38.58 million. EBIDTA including other income in FY-17 increased 50.7 percent to Rs 2,077.33 million from Rs 1,595.93 million in the previous fiscal. Earnings per share increased by about 5.5 times in fiscal 2017 to Rs 4.10 from Rs 0.75 in the previous year.

    The company in its investor presentation says that cable TV subscription revenue grew 33 percent to Rs 4,494 million in FY-17 as compared to the Rs 3378 million during the previous fiscal. Cable TV Average Revenue per User (ARPU, net of taxes) in phases I, II, III and IV was Rs 100, 95, 54 and 41 respectively. Active set top boxes in FY-17 went up to 5.98 million, while the number of set top boxes seeded until 31 March 2017 was 6.90 million.

    Broadband revenue grew 77 percent to Rs 1,288 million from Rs 730 million during the same period. Broadband revenue’s contribution to overall revenue increased 4 percent, and the company says that broadband Broadband revenue grew 77 percent to Rs 1,288 million from Rs 730 million during the same period. Broadband ARPU increased 5.5 percent in FY-17 to Rs 480 from Rs 455 in the previous fiscal. GTPL Hathway claims to have seeded 1.48 million set top boxes in fiscal 2017.

    Let us look at the other numbers reported by GTPL Hathway

    Total expenses increased 20 percent to Rs 7,013 million in FY-17 from Rs 5,847 million in FY-16. Pay channel cost increased 17 percent to Rs 3,821 million from Rs 3,277 million in the previous fiscal. Bandwidth expense increased 78 percent in FY-17 to Rs 422 million from Rs 237 million in Fy-16.

    Employee cost increased 34 percent to Rs 1,084 million from Rs 808 million. Other operating expense reduced 23 percent to Rs 471 million from Rs 612 million. Administrative expense in FY-17 increased 33 percent to Rs 1,215 million from Rs 913 million.

    Also Read:

    GTPL Hathway gets SEBI nod for Rs 600-cr June IPO, to repay loans, expand cable & b’band with new tech

    GTPL Hathway allots Rs. 1450 mn to anchor investors, IPO opens today

  • GTPL Hathway allots Rs. 1450 mn to anchor investors, IPO opens today

    MUMBAI: GTPL Hathway has finalised the allocation of 8,555,294 Equity Shares at Rs. 170 per Equity Share (upper end of the Price Band) aggregating to Rs. 145.43 crore (Rs 1450 million) to anchor investors.

    Anchor investors include: Acacia Banyan Partners – 30.94%; Government Pension Fund Global – 18.56%; BNP Paribas Equity Fund – 5.03%; BNP Paribas Long Term Equity Fund – 2.92%; BNP Paribas MidCap Fund – 5.85%; BNP Paribas Dividend Yield Fund – 2.34%; BNP Paribas Balanced Fund – 1.05%; HTCL-HDFC Prudence Fund – 15.13%; DB International Asia Limited – 10.62%; Vittoria Fund SR LP – Asia Portfolio – 7.56%.

    The Company proposes to open on Wednesday, 21 June, the initial public offering of equity shares of face value of Rs. 10 each (“Equity Shares”) for cash (including a share premium) (the “Offer”) comprising a fresh issue of Equity Shares aggregating up to Rs. 2,400 million (“Fresh Issue”) and an offer for sale of up to 14,400,000 Equity Shares – comprising up to 1,136,000 Equity Shares by Aniruddhasinhji Jadeja, up to 440,000 Equity Shares by Kanaksinh Rana, up to 5,480,000 Equity Shares by Gujarat Digi Com Private Limited, up to 7,200,000 Equity Shares by Hathway Cable and Datacom Limited and up to 144,000 Equity Shares by Amit Shah (collectively the “Selling Shareholders”) (“Offer For Sale”).

    The Bid/ Offer will close on Friday, 23 June.

    The Price Band for the Offer is fixed at Rs. 167 to Rs. 170 per Equity Share. Bids can be made for a minimum of 88 Equity Shares and in multiples of 88 Equity Shares thereafter.

    The Book Running Lead Managers (“BRLMs”) to the Offer are JM Financial Institutional Securities Limited, BNP Paribas, Motilal Oswal Investment Advisors Limited and Yes Securities (India) Limited.

    The Equity Shares offered through the RHP are proposed to be listed on BSE Limited (“BSE”) and National Stock Exchange of India Limited (“NSE”).

  • GTPL Hathway IPO proceeds may help increase subs base & penetration, hike stake in JVs

    MUMBAI: GTPL Hathway, India’s leading cable TV distribution company reaching an estimated eight million households in 10 states, proposes to open on 21 June an initial public offering of equity shares of face value of Rs. 10 each for cash (including a share premium) comprising a fresh issue of equity shares aggregating up to Rs. 2,400 million and an offer for sale of up to 14,400,000 equity shares – comprising up to 1,136,000 equity shares by Aniruddhasinhji Jadeja, up to 440,000 equity shares by Kanaksinh Rana, up to 5,480,000 equity shares by Gujarat Digi Com Private Limited, up to 7,200,000 equity shares by Hathway Cable and Datacom Limited and up to 144,000 equity shares by Amit Shah (collectively the “selling shareholders”). 

    The bid will close on 23 June, 2017. The price band of the IPO has been fixed at Rs 167 to Rs 170 per share. 

    Speaking to Indiantelevision.com, GTPL Hathway head – investor relations Piyush Pankaj said that they planned to increase its cable television subscriber base as well as penetration into the markets. “There are joint venture (JV) companies where we are considering to increase our stake — (it is a) pipeline where we would need the board’s approval,” Pankaj said. On stake dilution, Pankaj said that it was a strategic decision by the promoters to dilute only around 25 per cent stake, and not up to 30 per cent. As stated in the official parlance, GTPL Hathway would use the proceeds for debt reduction and general corporate purposes.

    The book-running lead managers to the offer are: JM Financial Institutional Securities Limited, BNP Paribas, Motilal Oswal Investment Advisors Limited and Yes Securities (India) Limited.

    Also Read:

    GTPL Hathway gets SEBI nod for Rs 600-cr June IPO, to repay loans, expand cable & b’band with new tech

    GTPL Hathway files listing prospectus

  • GTPL Hathway gets SEBI nod for Rs 600-cr June IPO, to repay loans, expand cable & b’band with new tech

    MUMBAI: GTPL Hathway, a part of Hathway Cable and Datacom which offers cable TV and broadband services, is preparing to raise around Rs 600 crore through an initial public offer (IPO) in June.

    Proceeds from the IPO will be utilised towards repayment of loan and other general corporate purpose, PTI reported.

    A company statement stated that they had received capital markets’ regulator SEBI approval to float the IPO.

    According to the Draft Red Herring Prospectus (DRHP), the company’s public issue comprises fresh issuance of equity shares worth Rs 300 crore and offer for sale of 1.8 crore scrips by the existing shareholders.

    BNP Paribas, JM Financial Institutional Securities, Motilal Oswal Investment Advisors Pvt Ltd and Yes Securities will manage the public issue.

    By 30 September last year, GTPL Hathway’s digital cable TV services reached 169 towns across India, including towns in Gujarat, Maharashtra, Bihar, West Bengal, Assam, Jharkhand, Madhya Pradesh, Telangana, Rajasthan and Andhra Pradesh.

    With around 5.41 million active digital cable subscribers, the company is now preparing to expand both its cable TV and broadband services with newer technology.

    The company is gradually phasing out analogue services so as to comply with the government’s policy on digitisation, which will provide it an opportunity to expand products with broadband services and additional high definition channels.

  • Star India, Dhru Lucky settle case; TDSAT petition withdrawn

    Star India, Dhru Lucky settle case; TDSAT petition withdrawn

    NEW DELHI: The dispute between Dhru Lucky Enterprise Pvt Ltd and Star India about renewal of lapsed agreements has been resolved and the multi-system operator has withdrawn its petition in the Telecom Disputes Settlement and Appellate Tribunal.

    Members B B Srivastava and A K Bhargava have dismissed the petition as withdrawn after counsel for both parties said the matter had been settled amicably.

    Early last year, the Tribunal had asked Dhru to file an affidavit clarifying that it will not transfer its movable or immovable properties to anyone while its case against Star India is pending. This was done for clarifying the relationship of Dhru and GTPL Hathway.

    Dhru Lucky had filed a petition in October 2014 against Star India seeking renewal of lapsed agreements. Subsequently, the Tribunal stayed disconnection notices issued to Dhru Lucky by its orders of 12 November and 18 November that year. Dhru thereafter received enjoyed signals within the areas mentioned in the lapsed agreements.

    However, Star India alleged that Dhru had been resorting to rampant piracy. In an order of 16 April 2015, Dhru gave an undertaking that it would confine its operation within the areas mentioned in the lapsed agreements.

    Subsequently, Star filed a contempt application against Dhru on the grounds that, in breach of the undertaking contained in order dated 16 April 2015, it went beyond the areas mentioned in the lapsed agreements.

    Dhru was directed on 19 May 2015 to clearly explain on affidavit the circumstances under which it was operating in Vapi, which is beyond the areas mentioned in the lapsed agreements. Dhru had on 28 May 2015 told the Tribunal that it had assigned its network at Vapi and Daman to some other entity, and that, it no longer wishes to carry on with its MSO business.

    Following that order, it was directed to file an affidavit as to its assignment to some other entity. On 17 July 2015, it filed another affidavit where Dhru mentioned that TDSAT had been apprised on 28 May 2015 about GTPL Hathway taking over Dhru’s cable business in its entirety.

    Star India, in response, pleaded that Dhru was indulging in piracy even on 23 July 2015. Subsequently, GTPL-Hathway was impleaded in the petition as it appeared that Dhru had assigned its business to the distributor.

    TDSAT had on 1 March 2016 directed Dhru MD Sureshbhai Jagubhai Patel to be present in person. He was also directed to produce the instrument under which Dhru was said to have transferred its LCO business to GTPL-Hathway.

    Also Read

    Clarify status with Star India, TDSAT asks Canara Star

     

  • Star India, Dhru Lucky settle case; TDSAT petition withdrawn

    Star India, Dhru Lucky settle case; TDSAT petition withdrawn

    NEW DELHI: The dispute between Dhru Lucky Enterprise Pvt Ltd and Star India about renewal of lapsed agreements has been resolved and the multi-system operator has withdrawn its petition in the Telecom Disputes Settlement and Appellate Tribunal.

    Members B B Srivastava and A K Bhargava have dismissed the petition as withdrawn after counsel for both parties said the matter had been settled amicably.

    Early last year, the Tribunal had asked Dhru to file an affidavit clarifying that it will not transfer its movable or immovable properties to anyone while its case against Star India is pending. This was done for clarifying the relationship of Dhru and GTPL Hathway.

    Dhru Lucky had filed a petition in October 2014 against Star India seeking renewal of lapsed agreements. Subsequently, the Tribunal stayed disconnection notices issued to Dhru Lucky by its orders of 12 November and 18 November that year. Dhru thereafter received enjoyed signals within the areas mentioned in the lapsed agreements.

    However, Star India alleged that Dhru had been resorting to rampant piracy. In an order of 16 April 2015, Dhru gave an undertaking that it would confine its operation within the areas mentioned in the lapsed agreements.

    Subsequently, Star filed a contempt application against Dhru on the grounds that, in breach of the undertaking contained in order dated 16 April 2015, it went beyond the areas mentioned in the lapsed agreements.

    Dhru was directed on 19 May 2015 to clearly explain on affidavit the circumstances under which it was operating in Vapi, which is beyond the areas mentioned in the lapsed agreements. Dhru had on 28 May 2015 told the Tribunal that it had assigned its network at Vapi and Daman to some other entity, and that, it no longer wishes to carry on with its MSO business.

    Following that order, it was directed to file an affidavit as to its assignment to some other entity. On 17 July 2015, it filed another affidavit where Dhru mentioned that TDSAT had been apprised on 28 May 2015 about GTPL Hathway taking over Dhru’s cable business in its entirety.

    Star India, in response, pleaded that Dhru was indulging in piracy even on 23 July 2015. Subsequently, GTPL-Hathway was impleaded in the petition as it appeared that Dhru had assigned its business to the distributor.

    TDSAT had on 1 March 2016 directed Dhru MD Sureshbhai Jagubhai Patel to be present in person. He was also directed to produce the instrument under which Dhru was said to have transferred its LCO business to GTPL-Hathway.

    Also Read

    Clarify status with Star India, TDSAT asks Canara Star

     

  • GTPL Hathway files listing prospectus

    GTPL Hathway files listing prospectus

    MUMBAI: GTPL Hathway Limited, a material subsidiary of Hathway Cable & Datacom Limited, has intimated the BSE and the NSE of filing of Draft Red Herring Prospectus by GTPL.

    In the communique, Hathway Cable and Datacom head legal, company secretary & chief compliance officer Ajay Singh has stated: “Pursuant to Regulation 30 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, please be informed that GTPL Hathway Limited, a material subsidiary of the Company, has filed Draft Red Herring Prospectus with the Securities and Exchange Board of India as well as with both the Stock Exchanges i.e. BSE Limited and National Stock Exchange of India Limited.

    As reported by indiantelevision.com earlier, the Hathway board had approved an initial public offering (IPO) proposal which seeks to raise funds for GTPL through a fresh issue of equity shares while giving an option to existing GTPL shareholders to sell their holdings. Hathway holds around 90 lakh shares in GTPL, according to a filing with the Bombay Stock Exchange, over the weekend.

    Among the largest cable television operators in India, the listed Hathway Cable and Datacom Limited (Hathway) has a number of subsidiaries and partnership in the television signal carriage and broadband ecosystems in the company. The company has various levels of investments in these associations. One of its most profitable associations, and probably one of the largest contributors (besides Hathway itself) to Hathway’s consolidated numbers across major financial and operational parameters is GTPL Hathway Limited (GTPL), a material subsidiary, in which Hathway owns a 50 per cent stake.

    Besides Hathway, another major shareholder of GTPL is its co-founder, Aniruddhasinhji Jadeja, who directly owns 14.6 per cent and controls another 29.1 per cent through another shareholding entity Gujarat Digi Com Private Limited which is majority owned by him. The other co-founder Kanaksinh Rana owns 5.2 per cent shares of GTPL.

    Also Read:

    Hathway Cable files GTPL details with BSE

     

  • GTPL Hathway files listing prospectus

    GTPL Hathway files listing prospectus

    MUMBAI: GTPL Hathway Limited, a material subsidiary of Hathway Cable & Datacom Limited, has intimated the BSE and the NSE of filing of Draft Red Herring Prospectus by GTPL.

    In the communique, Hathway Cable and Datacom head legal, company secretary & chief compliance officer Ajay Singh has stated: “Pursuant to Regulation 30 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, please be informed that GTPL Hathway Limited, a material subsidiary of the Company, has filed Draft Red Herring Prospectus with the Securities and Exchange Board of India as well as with both the Stock Exchanges i.e. BSE Limited and National Stock Exchange of India Limited.

    As reported by indiantelevision.com earlier, the Hathway board had approved an initial public offering (IPO) proposal which seeks to raise funds for GTPL through a fresh issue of equity shares while giving an option to existing GTPL shareholders to sell their holdings. Hathway holds around 90 lakh shares in GTPL, according to a filing with the Bombay Stock Exchange, over the weekend.

    Among the largest cable television operators in India, the listed Hathway Cable and Datacom Limited (Hathway) has a number of subsidiaries and partnership in the television signal carriage and broadband ecosystems in the company. The company has various levels of investments in these associations. One of its most profitable associations, and probably one of the largest contributors (besides Hathway itself) to Hathway’s consolidated numbers across major financial and operational parameters is GTPL Hathway Limited (GTPL), a material subsidiary, in which Hathway owns a 50 per cent stake.

    Besides Hathway, another major shareholder of GTPL is its co-founder, Aniruddhasinhji Jadeja, who directly owns 14.6 per cent and controls another 29.1 per cent through another shareholding entity Gujarat Digi Com Private Limited which is majority owned by him. The other co-founder Kanaksinh Rana owns 5.2 per cent shares of GTPL.

    Also Read:

    Hathway Cable files GTPL details with BSE

     

  • TDSAT dismisses Discovery claim against All Digital Networks

    TDSAT dismisses Discovery claim against All Digital Networks

    NEW DELHI: An application by Discovery Communication India, New Delhi for recovery of certain sums from the multi-system operator All Digital Network India Ltd, Karnataka has been dismissed by the Telecom Disputes Settlement and Appellate Tribunal.

    Chairperson Justice Aftab Alam and member B B Srivastava said that the evidence produced by the broadcaster in the form of e-mails from the MSO did not admit to any specific sums.

    The order therefore said that the application could not be accepted under order XII rule 6, and listed the main matter to come up on 17 August 2016.

    The broadcaster initially demanded a sum of Rs 67,01,292 which was later reduced to Rs.59,82,891 due as on 30 June 2015.

    The tribunal in its judgment of 2 June 2016 noted that “It needs here to be clarified that the slight reduction in the amount of claim appears to have been necessitated on account of some recent decisions of the tribunal in which it is held that no claim for recovery of dues may be entertained by the tribunal normally beyond the term of the Interconnect agreement in writing. However, in case the petitioner is able to establish by evidence that after the expiry of the earlier agreement, the parties were in negotiation in regard to the terms of the fresh agreement, the claim for recovery may be extended to a point three months beyond the expiry of the previous agreement.”

    Thee broadcaster has said the two parties had an Interconnect Agreement from 1 April 2014 to 31 March 2015.

    In one of the e-mails, All Digital has referred to a strategic tie-up with GTPL Hathway Pvt. Ltd. and the broadcaster was asked to make changes in the name of the MSO.

    From the first email about negotiations being on, the tribunal said, “it is impossible to infer that the respondent admitted its liability for payment of any specified amount to the petitioner much less the specific amount claimed by thepetitioner in its petition, later amended by the affidavit dated 2 February 2016.

    The tribunal said that the email dated 19 May 2015 had “indeed an admission of certain outstanding dues of the petitioner in respect of which it is stated that the payment would be made by GTPL Hathway Pvt. Ltd. It is, however, evident that the admission is not to the effect that the respondent owes to the petitioner the specified amount as claimed by the petitioner and on the basis of that e-mail, it would not be possible to make any decree as claimed by the petitioner.”