Tag: HC

  • Pay channel rates: HC seeks government response

    Pay channel rates: HC seeks government response

    MUMBAI: The Delhi High Court has issued notice to the central government for its response to a petition filed by Star India challenging the Trai (Telecom Regulatory Authority of India) order capping pricing of pay channels at Rs 5 under conditional access system (CAS).

    The matter will come up for next hearing on 15 November. The court will examine whether Star’s fundamental right to do business in India stands affected by the price regulation.

    Star has the option to approach the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

    “Our writ petition has been admitted by the court and has been slotted for hearing on 15 November. We will only know then if our plea stands accepted or rejected,” says a Star India spokesperson.

    Senior advocate Mukul Rohatgi, appearing for Star, argued that the regulation of broadcasting was beyond Trai’s jurisdiction.

    Star had filed an appeal in the court, challenging the basis of Trai’s recent announcement on pricing for CAS. The matter came up for hearing today.

  • HC seeks undertaking that only U, U/A movies will be aired

    HC seeks undertaking that only U, U/A movies will be aired

    MUMBAI: The Bombay High Court has asked for an undertaking from broadcasters and cable service providers declaring that they will only be transmitting U and U/A films.

    The High Court bench, headed by Justice Lodha, also clarified that its 23 August order against the broadcast of adult movies did not restrain channels and cable service providers from airing movies with U and U/A certificates.

    The bench gave the clarification in response to an application made by a cable subscriber, the Press Trust of India news service reported.

    The court also directed cable service providers to remove the scrolls many of them were carrying which said movie channels were off the air because of the High Court order. The court termed such scrolls as a misinterpretation of its original ruling.

    The High Court said it had not stopped the channels which were currently off air in Mumbai from operating but had only restrained them from showing adult content.

    The nine channels — Hindi and English movie channels (Zee Cinema, Star Movies, HBO, Filmy, Star Gold, AXN and Max), and Hindi entertainment channels Star One and Sahara One — had originally been blacked out after the Mumbai police confiscated the decoders of major cable networks and beaming equipment of channels on the charge that they had violated the law by telecasting uncertified movies. This followed orders from the Bombay High Court that channels showing adult movie content should be taken off air.

    When the matter of the seized decoders was brought up, the bench told the broadcasters to arrange for replacements. Multi-system operators (MSOs) like Hathway and In Cable (who hold sizeable chunk of connections in Mumbai) as well as Zee Group controlled Siticable were among those that had their equipment confiscated in the police raids.

    The court’s ban order on adult movies had come on a PIL filed by a Mumbai college professor.

  • HC includes DTH operators, channels in adult movie ban ambit; slams cable blackout

    HC includes DTH operators, channels in adult movie ban ambit; slams cable blackout

    MUMBAI: The Bombay High Court today ruled that broadcasters, including direct-to-home (DTH) service providers, were bound by the 21 December, 2005 order banning the telecast of movies with ‘A’ certificates.

    The High Court bench, headed by Justice Lodha, pulled up the cable operators for their action of discontinuing transmission of all channels in the city. “The act was irresponsible,” the bench decreed, adding that cable operators could not charge subscribers for the two days when services was not available.

    The court also specified that the broadcasters have to obtain certificate from the censor board before they air any movies. Justice Lodha pointed out that the December 2005 order holds applicable to foreign channels.

    What this means is that the nine channels charged with showing adult content — Hindi and English movie channels (Zee Cinema, Star Movies, HBO, Filmy, Star Gold, AXN and Max), and Hindi entertainment channels Star One and Sahara One — will continue to remain off air at least till the next hearing of the case.

    Cable services were stalled on Monday evening after the Mumbai police raided cable TV control rooms and seized decoder boxes of the nine channels.

    It was in the December 2005 that the High Court had ordered the police to take action against cable operators and cable service providers who beamed movies without ‘A’ or ‘U/A’ certificates. This was in response to a public interest litigation filed by social activist Pratibha Nathani.

    However, today’s order made an important modification to the original order delivered last December. The court pointed out that movies with U/A (universal/adult) certification cannot be banned. These would be allowed to be screened but would have to run a cautionary scroll highlighting that the movies can be watched under parental guidance, the court ruled.
    The court also said that with this modification, if police have taken action against anybody for showing U/A movie in the past few days, such an action will have to be discharged, news agency Press Trust of India reported.

  • HC sets 1 Jan ’07 deadline for CAS implementation

    HC sets 1 Jan ’07 deadline for CAS implementation

    NEW DELHI / MUMBAI: The many meanderings the CAS (conditional access system) story, which began in 2003 with a government notification, could well have reached its final denouement.

    The Delhi High Court today passed an order that makes it imperative on the government to ensure that the three metros of Mumbai, Kolkata and the Capital itself be fully “CAS delivered” on or before 1 January 2007.

    And making clear its resolve that there be no further delays in the matter, the court declared that all pending and any new issues related to CAS raised by the government would be taken up only after the CAS’ implementation deadline of 31 December 2006. It therefore set the next date of hearing on the matter for 10 January 2007.

    The court also recorded a commitment by the joint secretary broadcasting Baijendra Kumar in this regard. The government official’s commitments were taken on record by the court as part of an order passed on 10 March 2006, which had directed the government to implement CAS in Kolkata, Delhi and Mumbai within a month’s time.

    The government also assured the court today that a new notification on CAS would be issued by 31 July 2006.

    The government’s stand on the issue means that from 1 January 2007 all pay channels will have to pass through a set-top box (STB) on a mandatory basis or else they stand to be blacked out of all cable homes in the metros.

    Multi-system operators (MSOs) have welcomed the court’s decision as addressability would make the industry transparent on subscriber numbers. “Addressability will benefit the entire industry as well as the subscribers,” said Wire and Wireless India Ltd (WWIL) CEO Jagjit Kohli.

    Hathway Cable & Datacom CEO K Jayaraman feels this time round there is a lot of clarity on pricing, STBs and choice with a regulatory framework in place. The fear among consumers that CAS pricing would be the same or even more than what is prevailing on analogue cable is unfounded.

    “Addressable pricing is set in motion by the recent TDSAT (Telecom Disputes Settlement and Appellate Tribunal) ruling in the DTH (direct-to-home) case. If that is the trendsetter, broadcasters will have to make their content available on digital cable at half the price of what they are quoting on analogue systems. The customers, thus, do not have to worry about paying more for all the channels that they are getting now. And in any case, in a CAS regime they are select the channels they want to watch,” he said.

    Besides, MSOs are making available the STBs on rental scheme. “Customers will not be locked to the boxes and can move to other services. The regulatory framework is setting things in place,” he added.

    Commenting on the development, MSO Alliance chief Ashok Mansukhani said, “We are delighted by the outcome. CAS will enable the cable industry to deliver more choice to consumers at competitive prices.”

    The industry also feels that a five-month breathing period is a practical implementation schedule. But how ready are the MSOs? “WWIL is fully prepared to roll-out STBs not only in the notified areas but throughout the country,” Kohli said. It will be using Headend in the Sky (HITS) technology which will enable it to cover the entire country with a single Digital Headend. “Our value-added boxes will enable subscribers to browse internet, chat, send & receive e-mails, on their existing TV sets without the necessity of having a personal computer. STBs will also have full triple play features including facility for VOIP digital telephone lines using their existing telephone instruments,” he added.

    Among the other features being introduced by WWIL are movie on demand (MOD) /video on demand (VOD), pay per view (PPV), interactive games, smart card based real time payment solution and e-banking, the company said in an official release.

    MSOs and independent cable operators will have to work out commercial agreements with broadcasters including fixing of channel rates. Said SET Discovery Ltd president Anuj Gandhi, “Now the focus will be on MSOs to show their preparedness for CAS. We hope to be ready with our rates in the next three months. By setting 1 January as the deadline, we will have to compress the time frame a bit.”

    A clutch of MSOs had filed a petition in the Delhi HC in 2004 alleging that the government’s stand on CAS and keeping it in abeyance has resulted in heavy financial losses to the cable industry.

  • HC raps government on CAS delay; next hearing 5 July

    HC raps government on CAS delay; next hearing 5 July

    NEW DELHI: The government today got some reprieve and the stick on the issue of CAS from the Delhi High Court.

    While fixing 5 July as the next date for hearing in a case pertaining to implementation of CAS in three cities, the court questioned the government’s rationale for seeking 265 days for rollout of addressability.

    On 10 March, the Delhi High Court had directed the government through the information and broadcasting ministry to implement CAS in four weeks.

    The order had come on a petition filed by some MSOs, including Hathway and INCablenet.

    A few days after the 30-day deadline got over in April, the government and sector regulator had filed an appeal in the court seeking more time to facilitate rollout of CAS.

    The government’s contention was that a consensus needed to be evolved for implementing CAS for which eight to nine months time was needed.

    However, the court today reiterated that it would like to see the rollout happen during this calendar year and directed the government to deposit a fine of Rs 100,000.