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Tag: Interim Order

  • Calcutta HC extends Digicable Comm’s interim order till case disposal

    Calcutta HC extends Digicable Comm’s interim order till case disposal

    KOLKATA: Granting relief to Digicable Comm, the Calcutta High Court has extended the interim order till the disposal of the case.

     

    Earlier too, the Calcutta High Court had put the stay order on the cancellation of the registration of Kolkata-based multi-system operator (MSO) till 6 April, 2015, citing that “Digicable Comm, having been in business for quite some time and would suffer irreparable loss and injury, unless appropriate ad-interim protection is granted to them.”

     

    Speaking to Indiantelevision.com, DigiCableComm Services VP – operations & technology Lokesh Agarwal said, “Our matter was listed in the Hon’ble High Court under Hon’ble Justice I.P. Mukerji, with regard to DigiCable Comm DAS license for Kolkata and Howrah. Interim order already granted is extended till the disposal of the case.”

     

    It should be noted that in July 2014, the Ministry of Information and Broadcasting (MIB) had cancelled the registration of Digicable Comm. Services.

     

    Digicable Comm, a joint venture (JV) between Digicable (51 per cent) and Kolkata-headquartered Multicar Group (49 per cent) was formed in the year 2009, to gain the foothold in the West Bengal market.

     

    Digicable Comm was always hopeful that after appealing to the Ministry of Home Affairs (MHA) and moving to the High Court, the decision would be in favour of the MSO. “We are happy to get the stay order extended from the High Court. Slowly we will expand in the region and are consolidating,” added Agarwal.

     

    MHA had cancelled the company’s permanent registration on 18 July, 2014 due to denial of security clearance.

     

    “Now we will do our best and expand in West Bengal,” Agarwal signed off.

     

  • Dispute deepens between Star India and Hathway

    Dispute deepens between Star India and Hathway

    MUMBAI: The case is up for a long hearing, with no resolution coming out soon. Star India and Hathway Cable & Datacom have emerged from another round of the Telecom Disputes Settlement Appellate Tribunal (TDSAT) hearing with just another date in their hand.

     

    While the earlier interim order still applies, the broadcaster feels that there is an issue of under declaration of subscriber numbers. Earlier last week, Hathway had submitted to Star, its subscriber management system (SMS) report for April to July which according to sources is an average of 4.4 million.

     

    However, a Star India executive informs that it wasn’t satisfied with the declaration and had filed a clarification application regarding number of active subscribers. To this, Hathway responded today in TDSAT that the declared numbers were indeed active subscribers. The MSO had also responded to the application that it had already furnished the required SMS report, post which the broadcaster withdrew it.

     

    Hathway had paid Rs 26.5 crore for DAS I areas of Mumbai and Delhi, DAS areas of Kolkata and DAS II areas. However, the Star executive feels that the MSO has omitted the subscribers of its sports packs and the amount paid should be higher.

     

    “We have now given the details to our auditor to evaluate and then we will be raising invoices on the same,” says the executive.

     

    The case has now been postponed to another date.

     

  • Star cannot disconnect HD signals to Hathway till next hearing: TDSAT

    Star cannot disconnect HD signals to Hathway till next hearing: TDSAT

    MUMBAI: The order for the Hathway versus Star India case puts things in order. The Telecom Disputes Settlement Appellate Tribunal’s (TDSAT) interim order states that as per an earlier order issued, multi system operator (MSO) Hathway Cable & Datacom has provided Star India with the subscriber management system (SMS) report for the period April to June 2014. Till the case is resolved, the Tribunal has carved out an interim financial measure to settle the dispute regarding Star’s entertainment and sports channels.

     

    Just as Star and Hathway had agreed to enter into a RIO deal for its sports channels, the broadcaster moved the TDSAT again claiming that Hathway had not made any payments after expiry of the earlier agreement between the MSO and MediaPro (which was then handling Star channels).

     

    Star had sent out disconnection notices against Hathway for its entertainment channels on grounds of nonpayment of dues. During the hearing, Star’s contended that since the MSO had taken its sports channels on RIO, the same must be followed for its entertainment channels without partiality. ‘Hathway cannot be permitted to indulge in duality and take some of Star’s channels on RIO terms and some other channels on negotiated terms; again Hathway cannot take the same channels in different parts of the country on different terms,’ claimed Star.

     

    Post this, the MSO said that it is willing to take its entertainment and sports channels at a cost per subscriber (CPS) basis of Rs 22 while Star asked for Rs 31. TDSAT as an interim measure has said that taking the mean of the two would be ideal. Therefore, from 1 August, Star will raise invoices on Hathway for monthly subscription fees for both genre channels at Rs 27 CPS basis.

     

    “It will be open to Star to take into account each and every set top box by means of which any Star channel is viewable. Hathway shall put any sports channels of Star in any of its bouquet as it may deem appropriate,” states the TDSAT order.

     

    Meanwhile for the period April to July, TDSAT has given permission to Star to raise invoices for its entertainment channels at the rate of Rs 23 CPS basis in the DAS areas of Mumbai and Delhi, where the agreement ended on 30 April 2014 and DAS areas of Kolkata and DAS II areas where the agreement came to an end on 31 March 2014. For the sports channels, invoices will be raised on RIO basis. The total of this, Rs 26.5 crore has been paid by Hathway on 30 July.

     

    These arrangements have been made for Star’s SD channels. Directions on its HD channels will be made in the next hearing, which is on 11 August and till then the broadcaster has been told not to disconnect its HD signals to Hathway.

     

    In the end, TDSAT makes it clear that this is only an interim arrangement as per current circumstances and will not operate as a precedent for any other case or parties.