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Tag: Kuldip Singh

  • Siti Cable to not disconnect signals to 5 Faridabad LCOs

    Siti Cable to not disconnect signals to 5 Faridabad LCOs

    NEW DELHI: Siti Cable Networks has committed before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it will not disconnect the signals of the five local cable operators (LCOs) of Faridabad.

     

    These cable operators are members of the Excellent Cable Operators Association.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava directed that these cases be also listed on 8 October.

     

    This case will now be heard along with the batch of cases from Progressive Cable Network Association, Faridabad.

     

    The Tribunal noted that it had received Rohit Vasvani’s report in the case.

  • MSOs Sun & Prabhu Cable resolve dispute on allegations of piracy

    MSOs Sun & Prabhu Cable resolve dispute on allegations of piracy

    NEW DELHI: Sun Distribution Services Pvt Ltd has informed the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it will not take any steps against Prabhu Cable Network on allegations of piracy.

     

    Both multi system operators (MSOs) also informed the Tribunal that they had agreed to treat the provisional interconnect agreement agreed into at the instance of the Tribunal as a final agreement.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava accordingly treated the petition by Prabhu Cable Network as withdrawn.

     

    The Tribunal by orders of 6 July and 4 August had directed Sun Distribution to enter into the provisional interconnect agreement with the petitioner and to supply its signals to it until final disposal of the matter.

     

    During the pendency of the matter, the parties have come to terms and Sun said it was willing to treat the provisional interconnect agreement as the final agreement.

  • TDSAT asks Sun Distribution to sign new interconnect agreement with Vision Digital Cable

    TDSAT asks Sun Distribution to sign new interconnect agreement with Vision Digital Cable

    NEW DELHI: Vision Digital Cable and Sun Distribution Services Pvt Ltd have been permitted by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to execute a fresh interconnect agreement adding 273 subscribers to the existing 1612 subscribers of Vision Digital Cable.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava also accepted the plea that 57 subscribers whose premises were found locked during a joint survey by the parties should be included in the list of subscribers.

     

    The joint survey, which had been carried out following orders of the Tribunal earlier, shows that Vision Digital has 216 subscribers, of which 168 are receiving signals apart from Vision Digital from some other local cable operator as well. Forty-eight subscribers out of 216 are receiving their signals solely from the petitioner. 

     

    The Tribunal made it clear that Vision Digital will not add to its number of subscribers without giving prior intimation to Sun Distribution and getting its consent in writing. 

     

    In case Vision Digital makes the request for any addition to its subscriber base, Sun Distribution must respond within two weeks from the date of receipt of the request, after making verification, if any, desired by it. 

     

    In case Sun Distribution does not accede to the request of Vision Digital for adding of subscribers to its existing base, it will give reasons for not accepting the request.

  • Siticable resumes inadvertently disconnected signals to Bhopal LCOs

    Siticable resumes inadvertently disconnected signals to Bhopal LCOs

    NEW DELHI: Siticable Networks has apprised the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it had resumed signals, which were inadvertently disconnected, to 119 local cable operators (LCOs) from Bhopal.

     

    Siticable Networks counsel Tejveer Singh Bhatia assured the Tribunal that the supply had been resumed.

     

    The Tribunal had two days earlier directed Siticable Networks not to disconnect the supply of signals to 119 cable operators represented by the Bhopal Cable Operators’ Association.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and BB Srivastava had passed the order after a statement made by the LCO association’s counsel Nittin Bhatia that all due payments had been made.

     

    Bhatia had said the LCOs have made up-to-date payments as per the invoices issued by Siticable and continue to make payment at the rate at which invoices of June 2015 was issued.

     

    Bhatia told the Tribunal that he had the authorisation from 67 cable operators but would get these from the remaining 52 operators within a week.

     

    The Tribunal had said the status of any cable operator who is in dues will be determined on the basis of reconciliation of accounts and dues if any would be cleared within two weeks from the ascertainment of the said amount.

     

    The Tribunal had also said that the parties would be well advised to resolve their disputes through the process of mediation and directed both sides to appear before the Mediation Centre on 7 September.

     

    As was previously reported by Indiantelevision.com, the primary grievance of the Association was that the respondent was unilaterally and steadily increasing the monthly subscription fees payable by them. According to Bhatia, the cable operators paid the monthly subscription at the rate of Rs 30 per STB up to March 2013 and thereafter at Rs 60 per STB. Now the invoices being raised by the respondent are at the rate of Rs 83.11 (excluding taxes) for the package of channels supplied by it.

  • TDSAT permits Star India to verify Rajasthan MSO’s details despite BECIL report

    TDSAT permits Star India to verify Rajasthan MSO’s details despite BECIL report

    NEW DELHI: Star India has been permitted by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to send its representative to the head-end of Rajasthan Infotech Media Services Pvt Ltd for further verification despite the report of the Broadcast Engineering Consultants (India) Ltd (BECIL).

     

    The report by BECIL showed that the MSO’s systems were technically compliant with the statutory norms.

     

    However, Star India wanted to verify the correctness of the commercial details.

     

    Star India was therefore permitted by TDSAT chairperson Aftab Alam and members Kuldip Singh and BB Srivastava to obtain the commercial details, including SMS reports, from the MSO’s system for the past months.

     

    The matter has been listed for further hearing on 19 August.

  • TDSAT gives Star India option to stop signals to Skynet Digital Services

    TDSAT gives Star India option to stop signals to Skynet Digital Services

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has given Star India the option to stop its signals to multi-system operator (MSO) Skynet Digital Services, noting that it “cannot shut its eyes and let the MSO further indulge in illegal activities.”

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava based their order on an audit report by the Broadcast Engineering Consultants (India) Ltd, which had said the MSO was indulging in illegal activities. 

     

    The Tribunal said it could not shut its eyes on this aspect when the report had come from an “impeccable” source like BECIL, when Skynet counsel offered to rectify the situation and get a fresh audit done.

     

    However, it gave time to Skynet to file its reply to the report within four weeks and set the case for hearing on 5 August.

     

    BECIL in its report had said Skynet was “re-transmitting TV channels in un-encrypted mode and un-authorisedly supplying its signals to another entity M/s Silverline Entertainment after the supply of signals to it has been stopped by Star.”

     

    Earlier, Skynet had challenged the disconnection notice issued by Star under clause 6.1 of the Digital Addressable System (DAS) regulations. TDSAT had disposed the case on 23 April this year stating that the two sides should execute the agreement for the period 1 April, 2014 to 31 October, 2014 at the rate of Rs 40 per CPS. Star may conduct a technical audit of the petitioner’s system and raise its invoices for the aforesaid period at the indicated rate.

     

    However, Star later filed an application making serious allegations against Skynet, after which the Tribunal on 25 May directed a technical audit by BECIL. 

     

    BECIL has said Skynet’s system is not compliant with the statutory regulations. Moreover, the report endorses the allegations made by Star and records highly damaging findings against the petitioner. 

     

    The Tribunal noted that in light of these findings by BECIL, Skynet had made itself liable not only to pay damages to Star but also to face criminal proceedings.

  • TRAI to wait for final SC verdict before implementing tariff orders for C&S

    TRAI to wait for final SC verdict before implementing tariff orders for C&S

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) has said that amendments to its tariff orders issued on 1 October, 2004 and 21 July, 2010, which had been set aside by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) earlier this month, would be subject to the outcome of the appeal filed by the regulator before the Supreme Court.

     

    The two amendments made by the TRAI to its tariff orders that aimed at preventing broadcasters from giving their channels directly to subscribers and putting commercial subscribers at par with ordinary subscribers were struck down by TDSAT on 9 March.

     

    TDSAT chairman Aftab Alam and member Kuldip Singh said the two amendments were “quite unsustainable and we are thus constrained to set aside the impugned amendment orders.”

     

    The amendments referred to the Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Twelfth Amendment) Order 2014 dated 16 July, 2014 and the Telecommunications (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff (Fourth Amendment) Order 2014 dated 18 July, 2014 by which similar amendments were made in the Telecommunication (Broadcasting and Cable) Services(Second) Tariff Order 2004 dated 1 October, 2004 (relating to non-addressable or analogue systems) and the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order 2010 dated 21 July, 2010 (relating to addressable systems) respectively.

     

    The Indian Broadcasting Foundation (IBF) and the Federation of Hotels and Restaurant Association of India had challenged the amendments as the commercial subscriber had been put at par with the ordinary subscriber and the tariff orders treat as equal groups of subscribers that are inherently unequal and are also so recognized in their different definitions in the tariff orders.

     

    In a press note today, TRAI said it had filed an appeal before the apex court and decided to hold its orders in abeyance ‘after duly considering the matter.’

     

    TRAI had issued the tariff orders – “The Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Seventh Amendment) Order 2006″ dated21 November, 2006and the Telecommunication (Broadcasting and Cable) Services (Third) (CAS areas) Tariff (First Amendment) Order2006” dated 21 November applicable to commercial cable subscribers in the non-addressablesystem (non-CAS) and the CAS systems, respectively.

     

    Following an appeal, the Supreme Court had on 16 April, 2014 directed TRAI to look into the matter de-novo and within three months re-determine the tariff after hearing all the stakeholders’ contentions.

     

    The orders set aside by TDSAT on 9 March were the result of this re-examination.

  • Home Cable penalized for showing Media Pro continent in non-DAS areas of NCR

    Home Cable penalized for showing Media Pro continent in non-DAS areas of NCR

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has imposed a penalty of Rs 25 lakh on Home Cable for violating its order of not to transmit signals Media Pro Enterprises, especially those relating to Star Sports, outside the National Capital Region (NCR) territory of Delhi.

     

    After examining certain CDs and report submitted by the Broadcasting Engineering Consultants (India) Ltd, TDSAT chairman Aftab Alam and member Kuldip Singh also said it was recalling its earlier order of 20 December, 2013 and Media Pro would be free to disconnect its signals to Home Cable in accordance with law. 

     

    The Tribunal said it was a fit case to proceed against Home Cable for violation of the undertaking given by it before the tribunal and willful failure to comply with the order, this being a case of continuing contravention of the Tribunal order. 

     

    Home Cable had initially approached TDSAT aggrieved by the disconnection order by Media Pro of 9 December, 2013 issued under clause 6.1 of the DAS Regulations alleging Home Cable was illegally and unauthorisedly carrying the channels of the respondent in an unencrypted mode in the DAS notified areas of National Capital Territory of Delhi and in areas outside the NCT of Delhi by taking the feed from the DAS notified areas, which was in violation/ non-compliance of the terms of  the MoU dated 23 October, 2012 entered between the parties.
     

     

    The Tribunal had on 20 December, 2013 directed that in case Home Cable files an undertaking before the Tribunal that it will confine its operation strictly within the DAS notified areas of NCT of Delhi and shall do the transmission/ re-transmission in digital encrypted mode, Media Pro will not discontinue the supply of its channels to Home Cable network in pursuance of the impugned Notice. It was made clear in the order that any violation of the undertaking shall make the petition liable to dismissal.

     

    It was alleged in the application by Media Pro that for the past one year or so, Home Cable had illegally been providing Media Pro’s content in brazen breach of the aforesaid undertaking. In this regard, Media Pro addressed letters in February this year to the District Collector, Gurgaon, and SSP, Gurgaon for the purpose of registration of FIRs. It was submitted on behalf of Media Pro that Home Cable was providing the content – Star Plus, Star Gold, Star Sports 4 and Star Sports 3 in Gurgaon through Sun Direct DTH boxes. The water marks clearly and conspicuously show Media Pro’s logo as well as that of Sun Direct on the screen.

     

    The BECIL report conclusively established that the system does not comply with the security provisions mandated  by the Regulations, the Tribunal said.

  • TDSAT rejects Star India’s applications against Indusind, Goldstar

    TDSAT rejects Star India’s applications against Indusind, Goldstar

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has rejected four miscellaneous applications relating to five cases against it to the effect that an endorsement made by the petitioners at the end of agreements left ‘the door open to the petitioners to walk out of any clause.’

     

    Four petitions had been filed by Indusind Media and one by Goldstar Noida Network Pvt. Ltd., U.P.

     

    Star India Pvt. Ltd. Counsel Salman Khurshid said that while executing the interconnect agreement in pursuance of the order passed by the Tribunal, the petitioners made the endorsement that the execution on its behalf was “without prejudice.” He said the whole agreement was put in a state of uncertainty because of the endorsement at the bottom of the agreement.

     

    However, counsel Vandana Jaisingh for the petitioners stated that the endorsement “without prejudice” relates only to the 15 per cent increase in the subscription fee and to no other clause in the agreement, including the clauses relating to the additional areas.

     

    It was made clear in the order by which the two sides were directed to execute the agreement that the 15 per cent increase in subscription fee will be subject to the result of a petition pending before the Tribunal. In any view, therefore, the endorsement “without prejudice” is redundant, she said.

     

    TDSAT chairman Aftab Alam and member Kuldip Singh said in the order that no further directions need be passed in these applications in view of the clarification made by Jaisingh.

  • Sun to resume distribution of Ortel signals in Vishakapatnam; subject to payment clearance

    Sun to resume distribution of Ortel signals in Vishakapatnam; subject to payment clearance

    NEW DELHI: Sun Distribution Services Pvt. Ltd has been directed to resume the supply of its signals to Ortel Communications Ltd and will also execute the interconnect agreement within one week from that date.

     

    Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) chairman Justice Aftab Alam and member Kuldip Singh also held that Ortel will pay to Sun the payment of Rs 33,89,910 plus Rs 4,22,976 within 24 hours.

     

    In addition to the payments, Ortel will also give to Sun the certificate showing the deduction of taxes.

     

    However, TDSAT made it clear that the payment of Rs 4,22,976 will be subject to the Tribunal’s decision on the Telecom Regulatory Authority of India’s tariff order relating to inflationary increase, which is currently pending hearing before TDSAT.

     

    Based on a table presented to the Tribunal by Ortel, the admitted dues are Rs 33,89,910 and the difference between the admitted amount and the dues claimed by the respondent is thus Rs 9,42,148.

     

    Ortel’s counsel Samir Sagar Vashistha, who presented the table, explained that this included the sum of Rs 5,18,925 as the amount of taxes deducted at source and the actual dispute is only with respect to the sum of Rs 4,22,976. 

     

    He assured that Ortel will confine its operation within the area of Vishakhapatnam.

     

    Sun counsel A.S. Dugal said the sum of Rs 4,222,976 represented the inflationary increase of 15 per cent allowed by the TRAI’s tariff order.

     

    Vashistha stated that Ortel was willing to pay the sum of Rs 33,89,910 and also give to the respondent the certificate showing deduction of taxes amounting to Rs 5,18,925. In addition, it will also pay Rs 4,22,976 subject to the Tribunal’s decision on the tariff order in question. 

     

    Dugal said the offer was quite fair and the respondent was willing to accept it.