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Tag: HC

  • Stay continues in Bengaluru and Mysore as HC pushes hearing to 8 April

    Stay continues in Bengaluru and Mysore as HC pushes hearing to 8 April

    NEW DELHI/BENGALURU: Status quo remains in Bengaluru and Mysore as the hearing on extension of government mandated Digital Addressable System (DAS) has been pushed to 8 April by the Karnataka High Court.

    The HC was expected to hear petitions filed by Karnataka Cable TV Operators Association (KCTVOA) and Mysore Cable TV Operators Association (MCTVOA) seeking extension of digitisation in Bengaluru and Mysore respectively.

    However, the HC could not take up the case for hearing as an election related petition came up for hearing.
     
    KCTVOA counsel S Subramanya confirmed that both the cases will come up for hearing on 8 April.

    Both KCTVOA and MCTVOA had filed a petition in the HC for extending digitisation due to non-availibility of set-top boxes (STBs). One newly licensed MSO had stated in the last hearing on 1 April that he did not have enough time to acquire STBs and install them in subscriber homes.

    However, the MSOs who have been made party to the case are opposed to any extension of deadline. The MSOs comprising Hathway Cable & Datacom, InCable, Den Networks, Siti Cable and Atria Convergence Technologies will request the HC to dismiss the writ petition filed by KCTVOA when the case comes up for hearing.

    The sunset date for phase II of digitisation covering 38 cities including Bengaluru and Mysore was 31 March however the Information & Broadcasting ministry on 2 April allowed a 15 day grace period to the industry to allow smooth transition from analogue to digital cable.

  • DAS Phase II: Karnataka HC extends hearing to 5 April, stay to continue in Bengaluru

    DAS Phase II: Karnataka HC extends hearing to 5 April, stay to continue in Bengaluru

    BENGALURU: Bengaluru will have to wait for DAS (Digital Addressable System) for another four days in the least, with the Karnataka High Court extending the interim stay till 5 April.

    Hearing a petition by Karnataka Cable TV Operators Association President V S Patrick Raju seeking postponement of the analogue switch off date for the garden city beyond 31 March as there was no clarity about set top boxes was put off by Justice Nazeer as another petition by a multi-system operator was filed today.

    The newly licensed MSO stated that he had not been given enough time to acquire STBs and install them in subscriber homes.

    Additionally, a DTH operator representative present at the hearing also stated that his company would not be able to meet the demand for STBs.

    Meanwhile, the Court also decided to hear on 5 April a case by Mysore Cable TV Operators Association which has wanted extension on digitisation deadline due to shortage of STBs.

  • WPP financials steady in H1 2012

    WPP financials steady in H1 2012

    MUMBAI: London headquartered global media communications network WPP plc has reported a 5.5 per cent growth in revenues for the half year ended 30 June 2012. The revenues in the first half were ?4.927 billion, up from ?4.713 billion a year earlier.

    WPP‘s profit before interest and tax was ?570 million, which is a 10 per cent increase over ?518 million a year earlier.

    The first half of the year saw an estimated ?2.475 billion come in from new business while the total billing for H1 2012 was up by 1.2 per cent at ? 21.651 billion.

    Asia Pacific, Latin America, Africa, Middle East and Central and Eastern Europe remained the strongest region, with revenues up 8.5 per cent from ?1.33 billion in the first half of H1 to ? 1.446 billion this year. Brazil, Russia, India and China were significant contributors to this figure. The region accounted for 29.1 per cent of the group‘s half yearly revenue.

    Advertising and media investment management (AMIM) contributed to 41.1 per cent of the group‘s revenue at ? 2.044 billion followed by branding and identity, healthcare and specialist communications (BI, HC and SC) at ? 1.278 billion (25.3 per cent).

    The revenue for the second quarter stood at ? 2.58 billion, which is 3.6 per cent higher than ? 2.49 billion for the first half of 2011. The APAC, Lat Am, Africa, Middle East and Western and Central Europe region together pitched in for 29.6 per cent of the group‘s total revenue in Q2 FY13 growing from ? 720 million in the second quarter of 2011 to ? 765 million in the corresponding quarter this year (up by 6.2 per cent).

    In Q2 FY13, AMIM contributed ? 1.071 billion (41.5 per cent) to the group‘s revenue followed by BI, HC and SC 25.3 per cent).

    In a statement released along with the results, WPP said, “The focus in 2012 will be revenue growth from leading position in faster growing geographic markets and digital, “horizontality”, premier parent company creative position, new business strength and strategically targeted acquisitions. We will also maintain continued emphasis on balancing revenue growth with headcount increases and improvement in staff costs/revenue ratio to enhance operating margins.”

    WPP said July 2012 revenues were up over 3 per cent like-for-like and showed a similar pattern to the second quarter, although the UK, Western Continental Europe, Africa & the Middle East and Latin America were ahead of the second quarter growth rates with the USA and Asia Pacific below. Cumulative like-for-like revenue growth for the first seven months of 2012 is now 3.5 per cent.

    The group‘s second quarter revised forecasts, having been reviewed at the parent company level in the first half of August, indicate very similar levels of like-for-like revenue growth for the year.

    According to the revised forecast, a slight reduction in like-for-like revenue growth from the first quarter revised forecast, with first and second half more balanced and headline operating margin target, as previously, of 14.8 per cent, up 0.5 margin points.

    In line with WPP‘s strategic focus on new markets, new media and consumer insight, the group completed 40 transactions in the first half of 2012 — 20 acquisitions and investments were in new markets (of which 14 were in new media), 13 in consumer insight, including data analytics and the application of technology, with the balance of 7 driven by individual client or agency needs.

  • HC asks Jannat 2 producers to deposit Rs 1 mn in court

    HC asks Jannat 2 producers to deposit Rs 1 mn in court

    MUMBAI: The Bombay HC has asked producers Mahesh Bhatt and Mukesh Bhatt of Vishesh Films to deposit Rs 1 million in the court if they want to go ahead with the TV release of their film Jannat 2.

    The HC also asked the producers to submit the DVD of their film to enable the judges to see for themselves whether there were any similarities between the film and a script by petitioner Kapil Chopra, which he claimed he had sent to the film‘s director Kunal Deshmukh and his 150-page script registered in 2008 by the Film Writers Association.

    Commenting on Chopra‘s lawyer Rashmin Khandekar‘s contention that the script writer ought to be compensated for his efforts, the producers have denied there was any similarity between the two scripts.

    When asked to comment on the matter, he promptly replied, “I can‘t say anything on this as the matter is subjudice.”

    Meanwhile, the Central Board for Film Certification (CBFC) has finally given a clean chit to The Dirty Picture for telecast after nearly 100 cuts. With this, the controversial national award winning film, which had been banned from being screened on TV before 11 pm, has now got the nod for general viewing.

    Sony TV had asked producers Balaji Motion Pictures to go for more cuts to ensure that the film could be telecast during prime time.

  • HC quashes petition against Housefull 2 song

    HC quashes petition against Housefull 2 song

    MUMBAI: On a public interest litigation to delete the song Anarkali Disco Chali from the film Housefull 2 filed by the Anti-Corruption Intelligence Committee stating that the song misrepresents historical characters Salim and Anarkali, a division bench of the Bombay High Court dismissed the public interest litigation.

    The judges from the division bench Chief Justice Mohit Shah and Justice Nitin Jamdar directed the petitioner to pursue their representation before the Censor Board. In reply, the committee‘s advocate Shabana Sothe said that the Censor Board of Film Certification previewed the film and despite written representation on 22 March, “they are not ready to listen.”

    Advocate SK Shah, who appeared for producer Sajid Nadiadwala, director Sajid Khan and lyricist Samir Anjana, said that the petition was a stunt. He also stated that there was no textbook referring to Anarkali as a historical character.

    In their petition, the petitioners had stated that while they were not for stalling the release of the film, they wanted the song or the offending words removed.

  • HC refuses stay on sports telecast ordinance

    HC refuses stay on sports telecast ordinance

    NEW DELHI: The Delhi High Court today refused to stay the operation of the ordinance asking private sports channels to share live feed of cricket and other sports events with public broadcaster Prasar Bharti.

    A division bench headed by Justice Vikramajit Sen adjourned the matter till 15 February for further hearing.

    Senior Counsel Dushyant Dave, appearing for Prasar Bharati, pleaded that the ordinance could only be stayed under extraordinary grounds.

    In any case, he argued, the conditions to share the live feed with the Prasar Bharati was part of the tender documents, and very much known to Nimbus Communications.

    The reply filed by the Government to the petition by Nimbus challenging the Sports Broadcasting (Mandatory Sharing with Prasar Bharti) Ordinance 2007 said it had been made clear to the Board for Control of Cricket in India (BCCI) that any party getting the rights to telecast the matches would have to share the live feed with Doordarshan and All India Radio, the application filed by the government in reply to the private channel contended.

    Additional solicitor general PP Malhotra, appearing for the government, said the petition should be dismissed as it was not the fundamental right of Nimbus, who own Neo Sports channel to monopolise the telecast of cricket matches. In any case, Nimbus should abide by the contract it had signed in February 2006 to share the live feed.

    Terming it as “bad in law”, the petition had said, “The ordinance transgresses the constitutional limits and apart from violating the petitioner’s fundamental rights, it also interferes with the power of the court to review the circular enforcing the private channels to share the feed.”

    On 23 January, in an interim order, the court had allowed Prasar Bharati to download the feed of Nimbus Communications and telecast the India-West Indies ODI series in a delayed transmission of seven minutes on DD and broadcast commentary live on AIR.

    The High Court has decided to merge the hearing of the appeal by Prasar Bharati against this order, and the petition by Nimbus challenging the Ordinance.
     
     

  • Trai conducts digitalization round table

    Trai conducts digitalization round table

    MUMBAI: Foloowing the rollout of conditional access system (Cas) in parts of Delhi, Mumbai and Kolkata, broadcast regulator Trai has conducted a round table meeting on digitalization of television transmission and voluntary implementation of Cas.

    In order to take the process of digitalization forward and also to explore the possibility of voluntary implementation of CAS in other parts of the country, Trai conducted a round table meeting on 1 February in Delhi with various stake holders.

    Experts as well as representatives of consumer organizations, multi system operators (MSOs), cable operators, DTH operators, broadcasters and equipment manufacturers participated in the round table. In the meeting there was a broad consensus about the need for digitalization and addressability. The participants raised certain issues in order to arrive at a feasible road map. The major issues that were raised by the stakeholders relates to fiscal rationalization, encouragement of domestic manufacturing, changes in the regulatory regime (especially the need for price control), ensuring affordability and choice and exploring alternative models for voluntary Cas.

    A small sub group has been constituted in order to discuss issues relating to digitalization and voluntary introduction of Cas. The discussions with the stake holders would continue in future also.s
     

  • Hearings continue in Trai rulings validity case

    Hearings continue in Trai rulings validity case

    NEW DELHI: The hearing on the constitutional aspects of the ongoing case on whether Trai can at all fix tariffs for pay channels continued today.

    Set Discovery counsel Afpi Chinay argued that there is no law in the country that allows the operations of broadcasters to be regulated. Chinay said that neither the Telecom Regulatory Authority of Indian act nor the Cable TV act has any provision for regulating the content providers, and the orders fixing tariff were thus automatically against the laws.

    This is a case of violation of freedom or speech and expression under Article 19 1 A of the Constitution, Chinay said. He challenged the proviso to section 21 K of the Trai act which originally said that the government could at a later date include any other service under the head of ‘telecom services’ but that would not include the broadcasters. He said that the amendment of the Act in 2000 gave the Trai the powers to regulate, but this did not apply to them as they were neither licensees nor service providers under the meaning of the Act.

    Chinay also challenged the Rules as amended on July 31, 2006, which gave the government the power to regulate and fix tariff.

    Chinay held that the Cable TV Act does not have this provision, and it says that though the government could control prices of the ‘basic tier’ only, that is, the free-to-air channels, it could not do the same for the pay channels.

    Chinay held that the rules cannot take over the Act under which they exist, hence the fixing of tariff under such rules were not acceptable.

    The hearing is to continue tomorrow. The original case had been filed by Star in 2005 and later, Sony joined issue, filing a separate appeal in 2006. The HC is hearing the range of cases under this new petition (No. 16913 of 2006), which is now being treated as the main petition.

    The contention of the broadcasters is that Trai or Cable TV act does not have regulatory powers whatever, so far as the pay channels are concerned, hence any order issued on this by Trai stands automatically struck down. Earlier, Soli Sorabjee had appeared for Sony and had placed his preliminary argument.

  • HC adjourns Sony case against Trai to 24 Jan

    HC adjourns Sony case against Trai to 24 Jan

    NEW DELHI: The Delhi High Court bench hearing the case on the issue of the Telecom Regulatory Authority of India’s (Trai) constitutional standing to be a regulator today heard arguments by Sony Entertainment Television’s counsel, before adjourning it again to 18 January.

    The crux of senior counsel Soli Sorabjee’s hour-long argument was around the previously stated position that broadcasters are not covered under the Telecom regulatory nor cable operator acts. Hence Trai is not in a position to eithwer fix tariff or issue any other regulations or orders.

    The court had last December fixed the day for hearing this matter while stating that there would be no impact of the continued hearing on implementing Cas from the designated date: 31 December, 2006.

    The petition by Sony is now the main petition being heard by the court. The earlier petitions by first Star (2005), and then Sony, are all being heard as part of this main petition.

    Star had filed the orginal case in 2005 challenging the constitutional validity of Trai as a regulatory authority for broadcasters.

    Since the very locus standi of Trai had been sought to be shown as unconstitutional by Star, automatically all its powers and orders were challenged, including the order of tariff freeze. Later, Sony had filed a seperate petition on the orders of 24 August and 31 August regarding Trai’s constitutional validity, its orders relating to price fixing under Cas regime at Rs 5 per pay channel, as well as its order on interconnection.

    Trai had issued an order saying that signals to a cable operator or MSO could not be disconnected, whatever be the reason, by a broadcaster unless 21 days prior notice is issued.

    On the price fixing at Rs 5, the court had asked Sony to appeal to TDSAT as that was a quantitative issue.

    HC at the moment is only hearing the constitutional issue, which will continue on 24 January.

  • HC clearance paves the way for HBO’s return to Mumbai TV screens

    HC clearance paves the way for HBO’s return to Mumbai TV screens

    MUMBAI: Good news for English film buffs in Mumbai. HBO, which had been off air for several weeks, has got the all-clear to come back on air.

    The Mumbai High Court today accepted the undertaking given by the channel to air only U and U/A rated movies. This will facilitate cable operators in Mumbai and other parts of Maharastra to feature HBO on their networks.

    However, Star Movies, which has not yet given any such undertaking, is not covered by this development.

    Asked about this, Star Entertainment India CEO Sameer Nair said, “We are working hard to ensure that viewers get to watch it (Star Movies) as soon as possible. We are positive about a quick solution to the current issue and expect that we will be on air in the next few days as well.”

    HBO India country manager Shruti Bajpai said, “HBO is the first premier English movie channel to screen movies as per the recent High Court order. We respect the sensitivities and the laws of countries where we operate in. The people of Mumbai and rest of Maharashtra will now be able to enjoy top Hollywood entertainment featured on HBO.”

    HBO like the other English movie channels Zee Studio, Pix and Star Movies, is working closely with the Censor Board for certification of the films featured on the channel.