Tag: IBF

  • Finance Ministry mulling over giving infrastructure status to broadcasting: Naidu

    Finance Ministry mulling over giving infrastructure status to broadcasting: Naidu

    NEW DELHI: The Finance Ministry is expected to shortly take a decision on giving the status of infrastructure to the broadcasting industry.

    Information and Broadcasting Minister M Venkaiaih Naidu told the Rajya Sabha that his Ministry had already forwarded its point of view to the Finance Ministry after examining the issue.

    He said that the Indian Broadcasting Foundation (IBF) made this demand earlier this year.

    The demand was in the Pre-Budget Memorandum for Union Budget 2016-17 requesting for grant of Infrastructure status to Broadcasting Industry.

    The Department of Economic Affairs which is the Finance Ministry is considering the matter for an appropriate decision, Naidu said.

  • Finance Ministry mulling over giving infrastructure status to broadcasting: Naidu

    Finance Ministry mulling over giving infrastructure status to broadcasting: Naidu

    NEW DELHI: The Finance Ministry is expected to shortly take a decision on giving the status of infrastructure to the broadcasting industry.

    Information and Broadcasting Minister M Venkaiaih Naidu told the Rajya Sabha that his Ministry had already forwarded its point of view to the Finance Ministry after examining the issue.

    He said that the Indian Broadcasting Foundation (IBF) made this demand earlier this year.

    The demand was in the Pre-Budget Memorandum for Union Budget 2016-17 requesting for grant of Infrastructure status to Broadcasting Industry.

    The Department of Economic Affairs which is the Finance Ministry is considering the matter for an appropriate decision, Naidu said.

  • “My life is all about ‘Leap of faith'” – Srinivasan Swamy

    “My life is all about ‘Leap of faith’” – Srinivasan Swamy

    Indiantelevision.com is delighted to share RK Swamy and BBDO boss Srinivasan Swamy’s AAAI Lifetime Achievement Award acceptance speech. Read on to partake of his fine wit.

     Sri Gurubhyo Namah: Salutations/pranams to all my Gurus.

    There are many Gurus in this room who taught me numerous things about our profession, relationships with people, and nuances of our business. Similarly, I have learnt considerably from my colleagues, past and present, in many of our group Companies; from my colleagues from the various industry Associations and Chambers of Commerce, I have been involved in; from my many clients and friends who have encouraged me to make mistakes and learn from them; from my wife and other family members who allowed me to pursue my dreams but always shown me the right path. This Award – AAAI Lifetime Achievement Award, is therefore dedicated to each and every one of them, for if I stand today receiving it, you have all made this possible.

    I am a great believer of fate. What is destined for one will happen. But that didn’t stop me in taking on many challenges. I am confident by nature, sometimes foolishly if I may add, but my life has been all about ‘leap of faith’. Every task I have taken on, I try to do full justice. My personal benchmark is to do better than all my predecessors and I have unfailingly delivered on this, to the best of my knowledge!

    Many of you may not realize this, but I have served in the AAAI Executive Committee for 18 continuous years. That is half my working life, considering I have been in this profession for 36 years. I think only Nagesh Alai has served longer than I have at AAAI.

    When I was elected into the Executive Committee of AAAI in 1998, I was an unwelcome addition. Our Agency had filed filed a case against AAAI when it proposed at an AGM that all its members should submit their Annual Report along with Client list, to determine the membership fee to be paid. Rightly or wrongly, we felt that AAAI may misuse what we felt was competitive information. The Court ruled in our favour and therefore, as mentioned earlier, I was seen as an intruder at the Executive Committee.

    Hardly two years later, in 2000, AAAI decided to move a resolution to get it members to apply for accreditation with Indian Broadcasting Foundation (IBF) much on the lines of what we had with INS. Our Agency felt that this was a wrong move, since AAAI members had a bilateral and equal relationship as an agency with every TV channel. Why would AAAI want its members to subject themselves individually to a collective body called IBF, was beyond our comprehension. Communications to AAAI on our objection to the proposal was ignored and therefore we collected adequate proxies and defeated this resolution on the floor of the house. Subsequently we got the next President to see merit in our proposition and finally got AAAI to sign an Agreement with IBF which provided an equal status with them. .

    However, both these episodes clearly implanted in the minds of many industry people that we are difficult people and we don’t toe the line on industry matters. This was so strongly entrenched, that when someone suggested in 2009 that I should join the IAA Mancom, the concern was whether I would be a difficult person to have in the Committee! Frankly, neither AAAI nor IAA, or any industry body for that matter, have found in me a unreasonable person, even if

    I have to say so myself! It would be impossible to have been Chairman/President of various Associations, Chambers of Commerce, Charitable Trusts and Registered Societies, if I were not an affable person.

    As mentioned earlier, the IBF-AAAI Agreement came about in 2000 and we were on an equal footing with IBF. In about a year, I was made the Chairman of this Joint Industry Body. For an agency person, this job was akin to running with the hares and hunting with the hounds. For 7 years when I was heading this joint working committee comprising heads of many agencies and channels, we had a great time. We combined work and had fun in different parts of the world – Australia, Germany, Sri Lanka, Malaysia and of course in many Indian locations. My faith was, if we bonded well as friends, we could be fair to each other. I am told, that was the golden era of IBF-AAAI relationship.

    When I become President of AAAI in 2004, I did what I thought was an obvious thing to do. An industry association is for all members and if anyone wanted to serve the industry they should be allowed to. So based on interest levels of members, I expanded the Executive Committee with many invited members – and made what was an exclusive club, a place anyone can participate and contribute for the industry. In hindsight it appears a normal thing to do, but at that time it was a leap of faith. Of course having invited members in the Executive Committee is the norm from then onwards. We also did many new things at that time. We celebrated the Diamond Jubilee of the association very well, we changed the logo to be in line with current trends, renamed AAAI Premnarayen Award to AAAI Lifetime Achievement Award, helped start the Confederation of Asian Advertising Agency Associations and of course our own Goafest.

    Before Goafest, AAAI had something called AAA Awards. It was an Award which no one had serious respect for. Abbys from Ad Club was seen as the most coveted and it attracted over 1500 people on their Awards night when AAAI would struggle to get 200 to 300. And the President of the day stood there all by himself and ditched out these Awards to the winners. After my first and only AAA Awards night in 2005 as President, I decided that this would be my last. AAAI represents the industry. Its members send entries and if we can’t make our Award the most coveted one, then we are doing something wrong. A small group started to think through what we can do to differentiate us and make it the most coveted. Thus was born Goafest – an advertising festival, combined with industry conclave, knowledge seminars, fun events and of course Awards. To be fair, I did invite Ad Club to join us to be part of Goafest from the first year, but they rebuked it, for their own reasons.

    In our own AAAI Executive Committee, there were doubting thomases as to whether we will get our members to participate and the whole episode will lead to financial mess for AAAI. We were looking at about Rs.2 Cr commitment and AAAI had never taken projects or events of this scale. And to top it, AAAI did not even have the financial resources to pay advances for event companies and travel agents. My faith in our idea egged me on, and my company lent substantial money to AAAI to start on the execution of the event. Fortunately there was enough goodwill when I went and met Vineet Jain in Delhi, Aveek Sarkar in Kolkata, Peter Mukerjea at Star, Subhash Chandra in Zee etc. The very first year of Goafest in 2006 had over 1200 delegates for the two-day event. Fortunately for me, we did cover our costs and made a small contribution to AAAI coffers as well. My leap of faith, paid off.

    After 2 years, Ad Club decided to team up with AAAI and now Goafest is firmly established as a destination to go to, for Creative, Media, Digital, Publisher and Broadcaster Awards.

    In 2014, Goafest was on a slide for a variety of reasons and many felt that Goafest should be skipped for a year. I felt that once it gets stopped and the momentum lost, it will be difficult to rebuilt the festival. Again with a leap of faith, I took on the Chairmanship when asked by the then President and did all that was necessary to do a festival, including broad-basing the appeal for a wider audience. Incidentally, that year turned out to be most profitable year until then for Goafest.

    I wish to give just two more instances that I was a part of, in two other Associations.

    All India Management Association conducts National Management Convention and this is the high point in any President’s Calendar. 2009 was the worst year economically in India after the economic melt down in 2008 in the western world. As President, I was to conduct this Convention. I chose Chennai, my home town, and we delivered a Convention with some of the best speakers and raked in record surplus as well, which hitherto is unsurpassed in AIMA.

    Similarly, it was just a leap of faith that I felt Kochi would be good destination for IAA Silver Jubilee Summit. Many in the IAA Mancom warned me that it may be difficult to get delegates to come there. But our speaker line up was so good that we had over 600 delegates from outside Kerala and 600 were from Kerala including some 300 students. This was the biggest event ever for IAA in India.

    My leap of faith is equally true in the businesses I lead. From a stand alone advertising agency about 15 years ago, we are amongst the most diversified marketing services group in the country today. Our cumulative revenue we believe will place us at No.3 or No.4 in India. We have about 25 business verticals across 4 of our companies in India and two in the US – R K SWAMY BBDO, Hansa Vision, Hansa Research and Hansa Customer Equity in India and Hansa Marketing Services and Hansa GCR in the US. Again the reason for this success is easy to comprehend. We identify a candidate with the right skill and more importantly the right attitude and empower him/her to take the business forward. I believe in total delegation and my task is to see that any hindrance posed by finance people based on budget constraints is removed for the person to perform and to take on new challenges and risks to grow faster. This has served us well.

    When we started BBDO India in 2007 as our second agency it was another, major leap of faith. We were told that we were cutting the ground under our own feet. The last 9 years have proved that our two-brand strategy has worked well and our overall market share and market presence have improved.

    Moving on to some other aspects, I thought I would reflect briefly on my relationship with my father, R K Swamy. I worked with him from 1978 to 2003 – 25 years. He is one of the coolest bosses one can have. He is thorough in whatever he does, but at the same time he empowers people. He is generous with his praise and quite happy to review and offer comments on anything you put in front of him. You do learn a lot by observing and I think some of his qualities have rubbed off on me, though not once he has told me what I should do.

    He was President/Chairman of all industry bodies in India other than only IAA that was not in his orbit then. May be instinctively I followed his path. He has said a few times to me that any amount of time we spend on industry matters in fine since it the hand that feeds us.

    He passed away in June 2003. If he is observing the institution he created now, I am sure he will be more than happy as to where we have taken it. In this context, I am reminded of a couplet in Tirukural:

    Eendra Pozhudhin Perithuvakkum Thanmakanai Chaandron Enak ketta Thaai.

    Loosely translated it says – the mother who hears her son being called a ‘wise-man’ will rejoice more than when she did, at the time of his birth.

    I am sure, in the same vein, my father will be mightily pleased that his son has this recognition today, as much as my mother.

    Before closing, I want to thank a few people:

    Ramesh Narayan has been a terrific support for me in IAA without whose help and constant prodding, IAA would not be what you know it to be. I am also grateful to him for all the kind words he spoke about me.

    My wife Sudha, She is a very bright lady, a MBA and had a thriving career. But she gave up much of this to support my children, me and my parents. She is here to share my happiness with me today, as she has always done in the past.

    And of course the President and the Executive Committee of AAAI for having considered me for this honour. Thank you all for what you did. But let me warn you all – this lifetime achievement award doesn’t mean retirement for me. I am not going away anywhere yet – I have a long journey ahead.

    Thank you!

  • “My life is all about ‘Leap of faith'” – Srinivasan Swamy

    “My life is all about ‘Leap of faith’” – Srinivasan Swamy

    Indiantelevision.com is delighted to share RK Swamy and BBDO boss Srinivasan Swamy’s AAAI Lifetime Achievement Award acceptance speech. Read on to partake of his fine wit.

     Sri Gurubhyo Namah: Salutations/pranams to all my Gurus.

    There are many Gurus in this room who taught me numerous things about our profession, relationships with people, and nuances of our business. Similarly, I have learnt considerably from my colleagues, past and present, in many of our group Companies; from my colleagues from the various industry Associations and Chambers of Commerce, I have been involved in; from my many clients and friends who have encouraged me to make mistakes and learn from them; from my wife and other family members who allowed me to pursue my dreams but always shown me the right path. This Award – AAAI Lifetime Achievement Award, is therefore dedicated to each and every one of them, for if I stand today receiving it, you have all made this possible.

    I am a great believer of fate. What is destined for one will happen. But that didn’t stop me in taking on many challenges. I am confident by nature, sometimes foolishly if I may add, but my life has been all about ‘leap of faith’. Every task I have taken on, I try to do full justice. My personal benchmark is to do better than all my predecessors and I have unfailingly delivered on this, to the best of my knowledge!

    Many of you may not realize this, but I have served in the AAAI Executive Committee for 18 continuous years. That is half my working life, considering I have been in this profession for 36 years. I think only Nagesh Alai has served longer than I have at AAAI.

    When I was elected into the Executive Committee of AAAI in 1998, I was an unwelcome addition. Our Agency had filed filed a case against AAAI when it proposed at an AGM that all its members should submit their Annual Report along with Client list, to determine the membership fee to be paid. Rightly or wrongly, we felt that AAAI may misuse what we felt was competitive information. The Court ruled in our favour and therefore, as mentioned earlier, I was seen as an intruder at the Executive Committee.

    Hardly two years later, in 2000, AAAI decided to move a resolution to get it members to apply for accreditation with Indian Broadcasting Foundation (IBF) much on the lines of what we had with INS. Our Agency felt that this was a wrong move, since AAAI members had a bilateral and equal relationship as an agency with every TV channel. Why would AAAI want its members to subject themselves individually to a collective body called IBF, was beyond our comprehension. Communications to AAAI on our objection to the proposal was ignored and therefore we collected adequate proxies and defeated this resolution on the floor of the house. Subsequently we got the next President to see merit in our proposition and finally got AAAI to sign an Agreement with IBF which provided an equal status with them. .

    However, both these episodes clearly implanted in the minds of many industry people that we are difficult people and we don’t toe the line on industry matters. This was so strongly entrenched, that when someone suggested in 2009 that I should join the IAA Mancom, the concern was whether I would be a difficult person to have in the Committee! Frankly, neither AAAI nor IAA, or any industry body for that matter, have found in me a unreasonable person, even if

    I have to say so myself! It would be impossible to have been Chairman/President of various Associations, Chambers of Commerce, Charitable Trusts and Registered Societies, if I were not an affable person.

    As mentioned earlier, the IBF-AAAI Agreement came about in 2000 and we were on an equal footing with IBF. In about a year, I was made the Chairman of this Joint Industry Body. For an agency person, this job was akin to running with the hares and hunting with the hounds. For 7 years when I was heading this joint working committee comprising heads of many agencies and channels, we had a great time. We combined work and had fun in different parts of the world – Australia, Germany, Sri Lanka, Malaysia and of course in many Indian locations. My faith was, if we bonded well as friends, we could be fair to each other. I am told, that was the golden era of IBF-AAAI relationship.

    When I become President of AAAI in 2004, I did what I thought was an obvious thing to do. An industry association is for all members and if anyone wanted to serve the industry they should be allowed to. So based on interest levels of members, I expanded the Executive Committee with many invited members – and made what was an exclusive club, a place anyone can participate and contribute for the industry. In hindsight it appears a normal thing to do, but at that time it was a leap of faith. Of course having invited members in the Executive Committee is the norm from then onwards. We also did many new things at that time. We celebrated the Diamond Jubilee of the association very well, we changed the logo to be in line with current trends, renamed AAAI Premnarayen Award to AAAI Lifetime Achievement Award, helped start the Confederation of Asian Advertising Agency Associations and of course our own Goafest.

    Before Goafest, AAAI had something called AAA Awards. It was an Award which no one had serious respect for. Abbys from Ad Club was seen as the most coveted and it attracted over 1500 people on their Awards night when AAAI would struggle to get 200 to 300. And the President of the day stood there all by himself and ditched out these Awards to the winners. After my first and only AAA Awards night in 2005 as President, I decided that this would be my last. AAAI represents the industry. Its members send entries and if we can’t make our Award the most coveted one, then we are doing something wrong. A small group started to think through what we can do to differentiate us and make it the most coveted. Thus was born Goafest – an advertising festival, combined with industry conclave, knowledge seminars, fun events and of course Awards. To be fair, I did invite Ad Club to join us to be part of Goafest from the first year, but they rebuked it, for their own reasons.

    In our own AAAI Executive Committee, there were doubting thomases as to whether we will get our members to participate and the whole episode will lead to financial mess for AAAI. We were looking at about Rs.2 Cr commitment and AAAI had never taken projects or events of this scale. And to top it, AAAI did not even have the financial resources to pay advances for event companies and travel agents. My faith in our idea egged me on, and my company lent substantial money to AAAI to start on the execution of the event. Fortunately there was enough goodwill when I went and met Vineet Jain in Delhi, Aveek Sarkar in Kolkata, Peter Mukerjea at Star, Subhash Chandra in Zee etc. The very first year of Goafest in 2006 had over 1200 delegates for the two-day event. Fortunately for me, we did cover our costs and made a small contribution to AAAI coffers as well. My leap of faith, paid off.

    After 2 years, Ad Club decided to team up with AAAI and now Goafest is firmly established as a destination to go to, for Creative, Media, Digital, Publisher and Broadcaster Awards.

    In 2014, Goafest was on a slide for a variety of reasons and many felt that Goafest should be skipped for a year. I felt that once it gets stopped and the momentum lost, it will be difficult to rebuilt the festival. Again with a leap of faith, I took on the Chairmanship when asked by the then President and did all that was necessary to do a festival, including broad-basing the appeal for a wider audience. Incidentally, that year turned out to be most profitable year until then for Goafest.

    I wish to give just two more instances that I was a part of, in two other Associations.

    All India Management Association conducts National Management Convention and this is the high point in any President’s Calendar. 2009 was the worst year economically in India after the economic melt down in 2008 in the western world. As President, I was to conduct this Convention. I chose Chennai, my home town, and we delivered a Convention with some of the best speakers and raked in record surplus as well, which hitherto is unsurpassed in AIMA.

    Similarly, it was just a leap of faith that I felt Kochi would be good destination for IAA Silver Jubilee Summit. Many in the IAA Mancom warned me that it may be difficult to get delegates to come there. But our speaker line up was so good that we had over 600 delegates from outside Kerala and 600 were from Kerala including some 300 students. This was the biggest event ever for IAA in India.

    My leap of faith is equally true in the businesses I lead. From a stand alone advertising agency about 15 years ago, we are amongst the most diversified marketing services group in the country today. Our cumulative revenue we believe will place us at No.3 or No.4 in India. We have about 25 business verticals across 4 of our companies in India and two in the US – R K SWAMY BBDO, Hansa Vision, Hansa Research and Hansa Customer Equity in India and Hansa Marketing Services and Hansa GCR in the US. Again the reason for this success is easy to comprehend. We identify a candidate with the right skill and more importantly the right attitude and empower him/her to take the business forward. I believe in total delegation and my task is to see that any hindrance posed by finance people based on budget constraints is removed for the person to perform and to take on new challenges and risks to grow faster. This has served us well.

    When we started BBDO India in 2007 as our second agency it was another, major leap of faith. We were told that we were cutting the ground under our own feet. The last 9 years have proved that our two-brand strategy has worked well and our overall market share and market presence have improved.

    Moving on to some other aspects, I thought I would reflect briefly on my relationship with my father, R K Swamy. I worked with him from 1978 to 2003 – 25 years. He is one of the coolest bosses one can have. He is thorough in whatever he does, but at the same time he empowers people. He is generous with his praise and quite happy to review and offer comments on anything you put in front of him. You do learn a lot by observing and I think some of his qualities have rubbed off on me, though not once he has told me what I should do.

    He was President/Chairman of all industry bodies in India other than only IAA that was not in his orbit then. May be instinctively I followed his path. He has said a few times to me that any amount of time we spend on industry matters in fine since it the hand that feeds us.

    He passed away in June 2003. If he is observing the institution he created now, I am sure he will be more than happy as to where we have taken it. In this context, I am reminded of a couplet in Tirukural:

    Eendra Pozhudhin Perithuvakkum Thanmakanai Chaandron Enak ketta Thaai.

    Loosely translated it says – the mother who hears her son being called a ‘wise-man’ will rejoice more than when she did, at the time of his birth.

    I am sure, in the same vein, my father will be mightily pleased that his son has this recognition today, as much as my mother.

    Before closing, I want to thank a few people:

    Ramesh Narayan has been a terrific support for me in IAA without whose help and constant prodding, IAA would not be what you know it to be. I am also grateful to him for all the kind words he spoke about me.

    My wife Sudha, She is a very bright lady, a MBA and had a thriving career. But she gave up much of this to support my children, me and my parents. She is here to share my happiness with me today, as she has always done in the past.

    And of course the President and the Executive Committee of AAAI for having considered me for this honour. Thank you all for what you did. But let me warn you all – this lifetime achievement award doesn’t mean retirement for me. I am not going away anywhere yet – I have a long journey ahead.

    Thank you!

  • Viacom18’s Sudhanshu Vats appointed as chairman of IBF Credit and Collections Committee

    Viacom18’s Sudhanshu Vats appointed as chairman of IBF Credit and Collections Committee

    MUMBAI:  The Indian Broadcasting Foundation (IBF) announced the appointment of Viacom18 group CEO Sudhanshu Vats as the chairman of the IBF Credit and Collections Committee & co-chairman of the joint IBF- AAAI sub-committee.

    IBF, in association with AAAI (Advertising Agencies Association of India), had formed a joint credit collections committee which scrutinizes, regulates and evaluates the credit worthiness of the advertiser’s active through AAAI member advertising agencies on IBF member channels. It plays a pivotal role in dispute resolution between channels and agencies vis-a-vis advertisers.
    Vats, also an IBF Board member stated, “I am delighted to have been entrusted with this responsibility. Strengthening our relationship with the advertisers would be our goal and I look forward to introducing newer mechanisms in line with the global standards, to normalize the revenue mechanisms for all parties.”

    The outgoing chairman I Venkat said, “I know Sudhanshu would bring his ethos and greater clarity in the functioning of the committee. I am thankful to all the members for their support and  their valuable contribution and also to Ashish Bhasin , the co- chairman of the committee,  AAAI  who helped me conduct these meetings in a more organised and transparent manner”.

     Speaking on Vats appointment, IBF President Uday Shankar said, ”Both Mr Vats and Mr Venkat have been valuable colleagues in the IBF board and both deserve admiration and appreciation for taking up the task of revamping the broadcaster’s ad revenue flow. I am sure Sudhanshu will bring greater efficacy and democracy to the functioning of the committee.”

  • Viacom18’s Sudhanshu Vats appointed as chairman of IBF Credit and Collections Committee

    Viacom18’s Sudhanshu Vats appointed as chairman of IBF Credit and Collections Committee

    MUMBAI:  The Indian Broadcasting Foundation (IBF) announced the appointment of Viacom18 group CEO Sudhanshu Vats as the chairman of the IBF Credit and Collections Committee & co-chairman of the joint IBF- AAAI sub-committee.

    IBF, in association with AAAI (Advertising Agencies Association of India), had formed a joint credit collections committee which scrutinizes, regulates and evaluates the credit worthiness of the advertiser’s active through AAAI member advertising agencies on IBF member channels. It plays a pivotal role in dispute resolution between channels and agencies vis-a-vis advertisers.
    Vats, also an IBF Board member stated, “I am delighted to have been entrusted with this responsibility. Strengthening our relationship with the advertisers would be our goal and I look forward to introducing newer mechanisms in line with the global standards, to normalize the revenue mechanisms for all parties.”

    The outgoing chairman I Venkat said, “I know Sudhanshu would bring his ethos and greater clarity in the functioning of the committee. I am thankful to all the members for their support and  their valuable contribution and also to Ashish Bhasin , the co- chairman of the committee,  AAAI  who helped me conduct these meetings in a more organised and transparent manner”.

     Speaking on Vats appointment, IBF President Uday Shankar said, ”Both Mr Vats and Mr Venkat have been valuable colleagues in the IBF board and both deserve admiration and appreciation for taking up the task of revamping the broadcaster’s ad revenue flow. I am sure Sudhanshu will bring greater efficacy and democracy to the functioning of the committee.”

  • SC declines to crush TDSAT order that HITS players be treated at par with pan-India MSOs

    SC declines to crush TDSAT order that HITS players be treated at par with pan-India MSOs

    NEW DELHI: In an order that will not only have far-reaching consequences for broadcasters but may encourage others to take the headend-in-the-sky (HITS) route, the Supreme Court today rejected the challenge to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) view that HITS players should be treated at the same level as pan-India multi-system operators (MSOs). 

    The Tribunal had on 7 December last mandated that the reference interconnect order would be the starting point for negotiations between them and the distribution platforms. 

    The apex court decided the matter after hearing both sides on the issues raised.

    The appeal had been filed by the Indian Broadcasting Foundation (IBF), Star India and Taj TV after a similar appeal had earlier on 22 Januarybeen dismissed in the Delhi High Court as not maintainable on the ground that the broadcaster had an alternative remedy of appealing in the Supreme Court.

    The Tribunal had said, “It is difficult to see a HITS operator as different from a pan-India MSO and in our considered view a HITS operator, in regard to the commercial terms for an interconnect arrangement has to be taken at par with a pan-India MSO and must, therefore, receive the same treatment.” 

    The broadcasters had contended that the Tribunal through its order dated 7 December had completely taken away the freedom of contract. They also contended that the Tribunal had crossed its jurisdiction by passing an order on the TRAI regulation.

    The High Court had said that it did not feel the need to examine whether TDSAT had the jurisdiction to direct broadcasters to treat the HITS operator Noida Software Technology Park Ltd (NSTPL) at the same level as pan-India MSOs.

    That Court had heard arguments presented by Star India and NSTPL, whose petition had been accepted on 7 December by the Tribunal, which had asked Star India and Taj TV to execute fresh agreements with NSTPL. However, TDSAT had kept the operation of the judgment pending till 31 March this year.

    It had said that on past occasions as well similar suggestions were made with the hope of nudging the TRAI to take proactive steps to reduce the scope of disputes arising out of the regulations. “At the same time, the fact that regulatory intervention may be the ideal way forward cannot and should not be an excuse for this Tribunal to shirk the interpretative issues that have come before us. This is particularly so when there appears to be regulatory inertia,” TDSAT had said.

    The Tribunal had, on 18 December, impleaded Zee Turner and others in another petition by Star India against NSTPL and asked the broadcasters to produce the agreements between the broadcasters and major MSOs. It opined that some agreements have to be suspended by Star and Taj TV. 

    Though the TDSAT petition had been filed by NSTPL, it will also help Hinduja Group’s HITS platform NXT Digital, which entered into the fray last year. 

    TDSAT had directed Star and Taj, as well as the other broadcasters who had joined the proceedings as intervenors, to issue fresh RIOs in compliance with the Interconnect Regulations, as explained in the judgment within one month from the date this order becomes operational and effective. It will be then open to NSTPL to execute fresh interconnect agreements with Star and Taj, and with any other broadcasters on the basis of their respective RIOs or on negotiated terms within the limits.

  • SC declines to crush TDSAT order that HITS players be treated at par with pan-India MSOs

    SC declines to crush TDSAT order that HITS players be treated at par with pan-India MSOs

    NEW DELHI: In an order that will not only have far-reaching consequences for broadcasters but may encourage others to take the headend-in-the-sky (HITS) route, the Supreme Court today rejected the challenge to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) view that HITS players should be treated at the same level as pan-India multi-system operators (MSOs). 

    The Tribunal had on 7 December last mandated that the reference interconnect order would be the starting point for negotiations between them and the distribution platforms. 

    The apex court decided the matter after hearing both sides on the issues raised.

    The appeal had been filed by the Indian Broadcasting Foundation (IBF), Star India and Taj TV after a similar appeal had earlier on 22 Januarybeen dismissed in the Delhi High Court as not maintainable on the ground that the broadcaster had an alternative remedy of appealing in the Supreme Court.

    The Tribunal had said, “It is difficult to see a HITS operator as different from a pan-India MSO and in our considered view a HITS operator, in regard to the commercial terms for an interconnect arrangement has to be taken at par with a pan-India MSO and must, therefore, receive the same treatment.” 

    The broadcasters had contended that the Tribunal through its order dated 7 December had completely taken away the freedom of contract. They also contended that the Tribunal had crossed its jurisdiction by passing an order on the TRAI regulation.

    The High Court had said that it did not feel the need to examine whether TDSAT had the jurisdiction to direct broadcasters to treat the HITS operator Noida Software Technology Park Ltd (NSTPL) at the same level as pan-India MSOs.

    That Court had heard arguments presented by Star India and NSTPL, whose petition had been accepted on 7 December by the Tribunal, which had asked Star India and Taj TV to execute fresh agreements with NSTPL. However, TDSAT had kept the operation of the judgment pending till 31 March this year.

    It had said that on past occasions as well similar suggestions were made with the hope of nudging the TRAI to take proactive steps to reduce the scope of disputes arising out of the regulations. “At the same time, the fact that regulatory intervention may be the ideal way forward cannot and should not be an excuse for this Tribunal to shirk the interpretative issues that have come before us. This is particularly so when there appears to be regulatory inertia,” TDSAT had said.

    The Tribunal had, on 18 December, impleaded Zee Turner and others in another petition by Star India against NSTPL and asked the broadcasters to produce the agreements between the broadcasters and major MSOs. It opined that some agreements have to be suspended by Star and Taj TV. 

    Though the TDSAT petition had been filed by NSTPL, it will also help Hinduja Group’s HITS platform NXT Digital, which entered into the fray last year. 

    TDSAT had directed Star and Taj, as well as the other broadcasters who had joined the proceedings as intervenors, to issue fresh RIOs in compliance with the Interconnect Regulations, as explained in the judgment within one month from the date this order becomes operational and effective. It will be then open to NSTPL to execute fresh interconnect agreements with Star and Taj, and with any other broadcasters on the basis of their respective RIOs or on negotiated terms within the limits.

  • SC dismisses as withdrawn IBF petition challenging Bombay HC’s DAS III stay order

    SC dismisses as withdrawn IBF petition challenging Bombay HC’s DAS III stay order

    NEW DELHI: The Supreme Court dismissed as withdrawn, the petition by the Indian Broadcasting Foundation (IBF) challenging the Bombay High Court order on the Digital Addressable System (DAS) Phase III implementation.

    The two-judge bench of the court headed by Justice Jagdish Singh Khehar said that a reading of the Bombay High Court’s order did not necessitate any action by the Supreme Court. The court asked the petitioners the grounds on which the High Court order were being challenged.

    Justice Khehar observed that a reading of Bombay High Court doesn’t imply any pan India’s stay. 

    Senior advocate Dr. Abhishek Manu Singhvi pointed out that other High Courts have also given stay orders in this matter.

    Thereupon, Justice Khehar said in that case IBF should have impugned the other orders and not merely to the Bombay High Court.

    Thereafter, Dr Singhvi withdrew the petition in light of observations made by the judge. It is learnt that a similar petition by the I&B ministry will be up for hearing on 24 February.

    Indiantelevision.com learns that several caveats have been filed by stakeholders who have approached various High Court in the country and got a stay of implementation of DAS Phase III.

  • SC dismisses as withdrawn IBF petition challenging Bombay HC’s DAS III stay order

    SC dismisses as withdrawn IBF petition challenging Bombay HC’s DAS III stay order

    NEW DELHI: The Supreme Court dismissed as withdrawn, the petition by the Indian Broadcasting Foundation (IBF) challenging the Bombay High Court order on the Digital Addressable System (DAS) Phase III implementation.

    The two-judge bench of the court headed by Justice Jagdish Singh Khehar said that a reading of the Bombay High Court’s order did not necessitate any action by the Supreme Court. The court asked the petitioners the grounds on which the High Court order were being challenged.

    Justice Khehar observed that a reading of Bombay High Court doesn’t imply any pan India’s stay. 

    Senior advocate Dr. Abhishek Manu Singhvi pointed out that other High Courts have also given stay orders in this matter.

    Thereupon, Justice Khehar said in that case IBF should have impugned the other orders and not merely to the Bombay High Court.

    Thereafter, Dr Singhvi withdrew the petition in light of observations made by the judge. It is learnt that a similar petition by the I&B ministry will be up for hearing on 24 February.

    Indiantelevision.com learns that several caveats have been filed by stakeholders who have approached various High Court in the country and got a stay of implementation of DAS Phase III.