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Tag: Hathway Datacom

  • CAS case: govt. to firm up stand by 16 Jan

    NEW DELHI: Conditional access system or CAS moved one step ahead towards likely implementation.
    The Indian government today submitted before a Delhi court that by 16 January it would firm up its stand on CAS or addressability in cable homes, which would be conveyed to the court.
    After this submission, the Delhi High Court has fixed 23 January 2006 as a final date for hearing of a case relating to implementation of CAS on a petition filed by three multi-system operators (MSOs).
    The petitioners, RPG (whose cable business since then has been taken over by Zee Telefilms cable arm Siticable), the Hindujas-controlled InCablenet and Hathway Datacom, had moved the court arguing that suspension of implementation of CAS in 2004 has led to heavy financial losses for the petitioners who had been goaded by the then government in 2003 and 2004 to invest in addressability.
    In 2004 after the general elections were held in India, a Bharatiya Janata Party-led coalition regime in New Delhi had lost out to another coalition that is now led by the Congress party.
    Just before the general polls, the then government had suspended an executive order that mandated rollout of CAS in the four metros of Delhi, Mumbai, Kolkata and Chennai.
    However in Chennai, which had been touted as a test case for CAS, cable homes have had a taste of addressability and where most of the pay channels are available through set-top boxes and on demand.
    Since its suspension, political parties have dithered taking a stand on CAS as they feel its implementation might lead to an increase in monthly outflow of money for a cable consumer, which can translate into loss of a vote bank.
    Govt. not averse to Trai formula on CAS
    The Delhi court case apart, Indiantelevision.com learns that the government is moving towards the idea that suggestions on various methods of implementation of CAS, as enlisted by the Telecom Regulatory Authority of India (Trai), could be looked into.
    This, sources in the government say, could be a way out of legal logjam, which has been plaguing the issue of CAS for long.
    However, it might be pointed out here that even the present government has refrained from taking any stand on CAS, saying the issue is being still studied by various States where it was first supposed to be implemented.
    Trai had submitted its recommendations on CAS to the information and broadcasting ministry in September-October 2004.
    Broadcast and cable sector regulator had given the government three various options to choose from in the case of conditional access system and pricing control.

    ALSO READ:

    Trai offers government 3 options on CAS

    Trai releases recommendations for broadcast sector

  • Delhi HC issues notice to Govt. of India and Trai on Cas

    Delhi HC issues notice to Govt. of India and Trai on Cas

    NEW DELHI: The Delhi High Court today issued notices to the Government of India and Telecom Regulatory Authority of India (Trai) on a petition filed by an MSO body relating to conditional access system (Cas).
     
     
    The MSO Alliance, an apex body of some of the big multi-system operators in the country, has petitioned that broadcast and cable regulator Trai and the government ought to come out with a clear cut stand on Cas’ implementation and other related issues.

    The next hearing of the case has been fixed on 2 November.

    This could also mean that any recommendation from Trai on Cas and related issues over the next fortnight, as is being said by Trai, would be subject to court directives, if any, on the matter.

    The MSO Alliance comprises companies like Hathway Datacom, IMC (INCablenet), Siti Cable, Sumangli (Sun TV’s parent company), Trinity and RPG Netcom, amongst others.

  • MSOs demand new electronic media regulatory authority

    NEW DELHI: Proposing that any new TV channel seeking to beam into India ought to be mandated through a set-top box in a digital mode, multi-system operators (MSOs) have petitioned the government that a new electronic media regulatory authority should be set up or sector regulator’s powers enhanced.
     

    MSO Alliance, a body of some of the biggest MSOs in the country, has also said that conditional access system (CAS) is required to be mandated for the whole country “on a progressive” basis with 12 months set as a time-bound implementation framework and “immediate rollout in Delhi, Mumbai and Kolkata on a full-city basis.”

    The stand of the MSOs is in contrast to the demand by a section of the industry that CAS should be implemented on a voluntary basis.

    Making a case for compulsory licensing of all content providers/broadcasters/cable operators, in a submission to Telecom Regulatory Authority of India (Trai), mandated to regulate the broadcast and cable sectors too, the MSO Alliance has further submitted that a clause on non- discrimination on content should be made compulsory on broadcasters/content providers.

    In effect, this would means that all broadcasters/content providers would have to compulsorily provide their products to all platforms; even if that means supplying TV channels to a rival-promoted platform. Under this demand, for example, Star India would have to provide all its channels to the country’s first KU-band DTH service, Dish TV, which is promoted by rival Subhash Chandra’s companies (something that has been resisted till now). Vice versa would also hold true.

    In another interesting observation, the MSOs have pitched for Trai being the intermediary when commercial agreements between the cable and broadcast industry are signed. Tariff rates/ revenue sharing mechanisms amongst broadcasters, MSOs and local cable ops ought to be “regulated by Trai on an equitable commercial principles for the initial period of at least 12 months,” the Alliance has stated.

    At the moment, as per a Trai order, not only commercial agreements are referred to the regulator, but the broadcasters also have to submit their accounts of profit and loss to Trai.

    According to the MSO Alliance, a la-carte choice of pay channels is to be made available to customers as it is the essence of CAS, though “broadcasters may offer better prices in bouquet form.”

    MSO Alliance is a body comprising Rajan Raheja controlled Hathway Datacom, Hindujas-controlled IndusInd Media (INCablenet), Sun group’s parent company Sumangali (SCV), RPG Network, Trinity Platco and Zee Telefilms cable subsidiary Siti Cable.

    The Alliance presentation to Trai, made earlier this month, also enlists the following initiatives that should be undertaken by Trai in the run-up to CAS implementation:

    Stress advantages of digital transmission, enhanced viewing experience and additional viewing choices including PPV/VOD etc in order to overcome the problem of channel carrying capacity constraints in analogue mode.

    Educate consumer groups, public at large and the media about the consumer friendliness and choice of channels through CAS, specially free to air choice not requiring boxes and tailoring of cable price by intelligent choice of packages.

    Liaisoning with the state governments and setting up of state-level implementation committees to monitor proper implementation of guidelines issued by Trai. State governments to set up special consumer courts or create ombudsmen to settle consumer issues.

    Broadcasters to announce transparent a la carte/bouquet prices.

    MSOs to announce affordable schemes; both outright purchase and refundable rental schemes (for STBs ) for consumers, with commercial interoperability mechanism.

  • ESS signal back at most Hathway headends

    ESS signal back at most Hathway headends

    MUMBAI: After a ten-day war of words in which accusations flew back and forth, sports broadcaster ESPN Star Sports today morning switched on its signal to cable MSO Hathway Datacom “in nearly all” areas.

    According to ESS director affiliate sales Rajesh Kaul, the feed to Hathway was reactivated after the Rajan Raheja-promoted MSO (in which Star India officially has a 26 per cent stake) “paid up a chunk of dues owed to it.” The remaining chunk is to be paid within the next two days, Kaul said, while refusing to discuss the terms under which agreement had been reached. Kaul pointed out that while the signal was back on in most areas, “Nasik was still a problem.”

    According to the information available with indiantelevision.com, however, the deal was reached after Hathway accepted a partial increase in its declared subscriber base.

    Hathway, meanwhile, issued a statement earlier in the day which read, “ESPN Star Sports have switched on the signals in parts of Hathway’s network where it was switched off earlier, on 1st July 2004 before the Euro 2004 Semi Final match. The matter has been resolved between the two parties.”

  • LMOs sniff a benefit from TRAI entry

    LMOs sniff a benefit from TRAI entry

    NEW DELHI: No sooner has a regulator for the broadcast and cable sectors been notified by the Indian government than cracks have started appearing in the fragile unity the cable fraternity had forged in the run-up to the CAS rollout in South Delhi.

    Independent and last mile operators (LMOs) are now talking about making a bid to “break the monopolies” in ground distribution, especially that of big multi-system operators (MSOs) like Siti cable, Hathway and INCableNet.

    Pointing out that they propose to submit a memorandum to the newly-notified regulator, the Telecom Regulatory Authority of India (TRAI), over the next few days, an independent cable operator said today, “Now that a regulator is in place, we would raise the issue of monopoly of the big players.”

    The other issues likely to be with TRAI include that of cross-services restriction, choice to a consumer in choosing a cable operator and putting cap on the advertising time on pay channels.

    “Whenever we have talked about cross-service restriction, the MSOs have shouted us down. But now, we will raise the issue with TRAI,” another cable op said.

    By cross-service restrictions, the cable ops mean that either there should be ban on broadcasters owning stakes in cable networks or there should be a cap (on the lower side) on such holding to reduce “vested interest” and preferential costing” taking place.

    At the moment, two of the biggest broadcasters, Zee Telefilms and Star India, have equity stake in cable distributing companies. While Siti Cable is a subsidiary of Zee Tele, in the Rajan Raheja-controlled Hathway Datacom, Star holds 26 per cent stake. Similarly, the parent company of Sun group of channels also owns a cable network in South India. Though the Hinduja-owned 
    InCableNet doesn’t have any direct links with broadcasting owned by the parent company, noises have been made by the Hindujas that they have plans to launch satellite-delivered TV channels.

    Asked about signs of rebellion in the ranks of the cable fraternity, a senior executive of an MSO today lamented that this “disunity” may spell doom for independent and local cable operators.

    “Bahut dukh likha hain een cable operators ke taqdeer mein (fate has lot of bad news in store for these cable operators),” the MSO executive said on condition of anonymity.

    A representative of another MSO sarcastically said that “unless these independent cable ops go to TRAI and advise it on how to do things,” the industry would probably come to an end.

    But, that the fear of big telecom companies getting into cable service is playing on the minds of big and cable ops is evident. Agreeing with indiantelevision.com’s editorial under Comment and also the report filed last week on TRAI, the head of an MSO said that if the clauses of unified licence — being discussed by TRAI and the telecom players— are read in conjunction with the latest developments, then the picture would become clear.

    “There is no doubt that it is just a matter of time before telecom companies foray into cable services, which have now been redesignated as telecom services,” he added.

    DEFERRING CAS NOT WITHIN ITS JURISDICTION: TRAI 
    Meanwhile, the new regulator, which seems to have taken up its job in all earnest, on Monday added a new twist to the CAS (conditional access system) saga, saying deferring or letting the rollout continue is not within its jurisdiction.

    Reiterating that it would issue a short consultation paper on CAS soon, TRAI chairman Pradip Baijal was quoted by the Press Trust of India (PTI) today as saying, “”The issue of continuing the service is not my jurisdiction”.

    This was in response to a question posed by the agency whether the consultation paper would tantamount to deferring CAS till the regulator finalised and issued guidelines on the issue.

    In a way, Baijal was not much off the mark as the role of the regulator is recommendatory and a final decision on CAS would have to be taken by the government on recommendations made by TRAI. 

    The decision on issuing a consultation paper comes amidst reports that CAS would be deferred till the general elections. The Bharatiya Janata Party (BJP)-led coalition government over the past few days has been hinting that the general elections are likely to be held between March and May, though no fixed time-table has been indicated to yet.

    “We will issue a short consultation paper tomorrow”, Baijal told PTI after holding a series of meetings with officials concerned on the issue. But he did not give details on the focus of the paper.

    Baijal, who had put consumers’ interest at top of his priority after being given the new responsibility, was quoted in the agency report as saying that he would give about 15 days for the various stakeholders to revert with their responses. 

    From the time CAS was sought to be rolled out in South Delhi area, after a November verdict on CAS by the Delhi high court, the issue had thrown up various confrontations between the cable industry and the consumers, represented by consumer groups.

    A new case, filed by two parties, including a conglomeration of 50-odd consumer bodies in the country, is still pending a final verdict of the Delhi high court. The court had observed that till the next date of hearing on 5 April, the rollout of CAS should be monitored.

  • Cable rates in Delhi likely to rise

    NEW DELHI: The rates of cable subscription in non-CAS zones in Delhi are likely to go up by about Rs 90 from 1 January, 2004.
    Owing to the increased subscription rate, the broadcasters will end up charging the cable operators, sources speculate.
    According to Hathway Datacom, north India president-operations SN Sharma, “Indications are that most broadcasters would announce a price hike which will have to be passed on to the consumers in the non-CAS zone.”
    As of now, the Zee Turner bouquet as well as One Alliance rates are likely to be Rs 65. As for Star India, they have anyway announced that the cable ops have to increase the subscription base to avail of the Rs 27 offer.
    CAS saga continues
    Meanwhile, a senior BJP leader and Member of Parliament (MP) from South Delhi Vijay Kumar Malhotra today appealed to Information and Broadcasting (I&B) minister Ravi Shankar Prasad to postpone the implementation of CAS in the Capital by a year. Malhotra coerced Prasad to “reconsider” the whole issue and make it consumer friendly.
    In a letter sent to Prasad, the MP pointed out that the Cable TV Networks (Regulation) Act, 1995, was passed by the Parliament unanimously to give protection to the consumer from exploitation by service providers. ”But it has resulted in just the opposite. It has become hostile to the consumer,” Malhotra wrote. He said service providers were exploiting the situation and forcing the consumers to buy set-top boxes (STBs) under the threat of not showing pay channels even as the price, quality, rent, security, refund of security and the rates of different channels were yet to be finalised.
    Referring to the Delhi High Court directive that it would monitor the implementation of CAS – fixing the next hearing in the case in April – Malhotra said what would happen to those who bought the STBs during this period was not clear.
    Meanwhile, Prasad in Lucknow said, the government would review its policy on CAS if the consumer faced any difficulties – a fact that he has already mentioned during a debate in Parliament during the just-concluded session, an agency report stated.
    Prasad told reporters that he had held talks with Delhi chief minister, Sheila Dixit on introducingc in Delhi.
    The minister said there can be some difficulties in the initial stages of introducing CAS but added that if it can be a success in Chennai why can’t it be one in New Delhi?
    Answering a question, the minister said that the government had left it to the channels to decide their rates and opined that market forces would keep these within controllable limits.

  • Delhi cable ops vow to enforce CAS from 15 Dec.

    Delhi cable ops vow to enforce CAS from 15 Dec.

    NEW DELHI: Conditional access system, like Banquo’s ghost, just refuses to go away. Just when everybody, including the government, thought it has been given a quiet burial, the issue has resurfaced with the cable industry, at least in Delhi, in a militant mood.
     

    In a meeting of the mutli-system operators (MSOs) and some independent cable operators here today to discuss the future course of action, it was “unanimously decided” that from 14 December midnight all pay channels would be routed through set-top boxes (STBs). This was disclosed by a representatives of an MSO after the 120-minute conclave.

    Buoyed by the Delhi High Court order that quashed denotification of the capital from the CAS rollout map, the cable industry is also thinking on the lines that it should factor in the retaining cost of inventory when boxes start to be sold again in the Capital.

    Pointing out that the MSOs incurred some cost in holding on to the inventory (STBs) for a few months, Zee Telefilms vice-chairman and head of Siti Cable, Jawahar Goel, today told indiantelevision.com, “The boxes are now likely to cost approximately Rs 4,000 to a consumer.”

    This would include the activation cost, plus other sundry expenses incurred by the cable operators like paying eight per cent service tax to the government.

    Today’s meeting, held at Essel House (headquarters of Siti Cable in Delhi), was attended by representatives of MSOs like INCableNet, Hathway Datacom, Siti Cable and some independent operators.

    The strategy being followed by the cable operators in the south zone of Delhi is to start educating the cable subscribers about CAS and the need for boxes, before the cable industry starts routing all pay channels through boxes from midnight of 14 December.

    “Though we would not be advertising in newspapers, but scrolls and CAS-related information would start airing on the local cable operators’ video channels,” Cable Networks Association’s Rakesh Dutta said.

    Dutta, along with Siti Cable and two other individuals, had filed a case against the government on denotifying Delhi.

    According to Dutta, “We don’t need the government’s mediation any more as CAS in Delhi would decide whether we are really under-declaring our base or the pay channels are over-charging for their services.”

    Roop Sharma, a non-cable operator person running a cable organisation (Cable Operators’ Federation of India), feels that nobody can stop CAS from becoming reality. (Though, it’d be interesting to know what transpired when Sharma bumped into senior Star India executives at a History Channel party last evening and, reportedly, discussed CAS.)

    Still, some issues need to be ironed out.

    Not everybody in Delhi’s south zone may end up getting a digital set-top box, if at all they opted for it. Dutta says that independent cable operators like him cannot afford digital boxes and would go for analog STBs, leaving them open to charges that such boxes can be hacked into.

    Then comes the issue of prices of pay channels. The MSOs and broadcasters have not yet started negotiations for Delhi. Even today, Siti Cable’s Goel pointed out that it has not yet been finalised at what prices pay channels would be offered to cable subscribers in South Delhi area.

  • Siti vs Star HITS case still in limbo as MRTPC postpones hearing to 27-28 October

    NEW DELHI: The battle between Subhash Chandra’s companies, ASC Enterprise and Siti Cable, and other broadcasters like Star India and Sony Entertainment Television (SET) hots up – even as ASC has soft-launched its direct to home (DTH) service and is preparing to implement addressability through its headend in the sky (HITS) project.
    The Monopolies and Restrictive Trade Practices Commission (MRTPC) today deferred a hearing on a case filed by ASC-Siti Cable against Star, Sony and ESPN-Star Sports (ESS) for refusing to make available their signals to a Zee-promoted HITS platform.
    Even as the next hearing is slated for 27 and 28 October, the parties concerned are looking at the different interpretation of clause 4a of the amended cable TV (Networks) Regulation Act. The act states that all pay channels would have to be mandatorily routed through a set-top box in an CAS (conditional access system)-enabled regime.
    While Chandra’s companies have interpreted this as being a clause that gives them the right to carry Star, Sony and ESS’ signals on their digital HITS platform, the others have a different stand on the interpretation.
    According to industry sources, the lawyers of Star, Sony and ESS today sought more time from the MRTPC.
    Last month, a two-judge Supreme Court bench, on being petitioned by Star Sony and ESS, had vacated an earlier order by the MRTPC. The apex court had stated that Star, Sony and ESS should continue to make available their signals to Siti’s HITS platform till the Commission came to a final conclusion on the matter.
    After a marathon hearing on 3 September, the bench had reserved judgment on a special leave petition (SLP) filed by Star on 30 August appealing against the MRTPC order. The SC heard initial arguments on 1 September.
    Sony, which had refrained from appealing against the MRTPC order, also joined issues through an SLP on 2 September, that was clubbed with Star’s and heard alongside. The decision was taken as Sony was already a respondent in the case filed by Siti -ASC.
    Star and Sony’s argument revolved around the fact that the MRTPC observation on creation of a monopoly is not valid as they don’t have any commercial agreement with Siti-ASC on HITS.
    Siti-ASC had moved the MRTPC against Star India, SET Singapore, SET India, ESPN- Star Sports and the MSO Hathway Datacom (in which Star has a 26 per cent stake) seeking prevention against trade practices that could amount to being monopolistic.
    Siti-ASC’s petition before the MRTPC had stated, that all other pay channels had agreed to join the HITS platform, being conscious of their obligation to achieve what the government has sought to do by the introduction of CAS in the larger public interest.
    Pointing out that the respondents were attempting to stifle competition and prevent the operation of free market forces, Siti-ASC had pleaded that “appropriate orders deserved to be passed by this Hon’ble Commission”.
    It may be recalled that Siti has recently also moved the Delhi High Court against the government’s decision to defer CAS in the capital. The Dehi HC, which had reserved its judgment on the issue, is yet to issue a final verdict.

  • MRTPC directs Star, others to file reply on Siti HITS row

    MRTPC directs Star, others to file reply on Siti HITS row

    MUMBAI: The Monopolies and Restrictive Trade Practices Commission (MRTPC) today instructed Star, Sony and ESPN-Star Sports to file replies in the joint case brought before it by the Zee Group’s Siti Cable-ASC Enterprises regarding the headend in the sky (HITS) platform.

    The MRTPC has scheduled the next hearing of the case on 14 October.

    Siti had suffered a setback yesterday after the Supreme Court vacated an order issued earlier by the MRTPC that the three pay networks should continue to make available their signals to its HITS platform till a final ruling by the commission.

    The SC judgment means that Siti would technically be violating Star and Sony’s copyright if it carries the networks’ channels on its HITS platform in the absence of an agreement.

    Siti Cable and another Subhash Chandra company, ASC Enterprises, had moved the MRTPC against Star India, Sony Entertainment Television Singapore Pvt Ltd, SET India, ESPN- Star Sports and the MSO Hathway Datacom (in which Star has a 26 per cent stake) seeking prevention against trade practices that could amount to being monopolistic.

    “Because the various acts/omissions of the respondents in refusing to cooperate and enter into any sort of arrangement/agreement with the complainants herein for the implementation of CAS via HITS is a monopolistic, restrictive and unfair trade practice in terms of the Monopolistic, Restrictive and Unfair Trade Practices Act, 1969,” Siti cable/ASC’s petition before the MRTPC had stated.

    It had further said that all other pay channels had agreed to join the HITS platform, being conscious of their obligation to achieve what the government has sought to do by the introduction of CAS in the larger public interest.