Tag: LCO

  • DAS stay extended in Madhya Pradesh to 15 May

    DAS stay extended in Madhya Pradesh to 15 May

    NEW DELHI: The Madhya Pradesh high court today extended till 15 May the stay on switch-off of analogue signals in the cities of Indore, Bhopal and Jabalpur covered in Phase II of digitisation.

    The extension came after the Jabalpur bench of the court noted that some of the respondents (mostly multi-system operators) had not filed their replies to the notice issued in the last hearing, and counsel Greesham Jain for one of the petitioners said he had received the replies in some cases just yesterday and wanted more time to file his counter-affidavit.

    The court is hearing five petitions – including a public interest litigation by a lawyer, a consumer body, one LCO including Rashmi Dubey, and one by an MSO run by Nilesh Rawal linked to Digicable – citing shortage of set top boxes, billing issues and some other problems linked to digital addressable system.

    As on 21 April, the status of seeding in Madhya Pradesh was 86.32 per cent in Bhopal, 103.04.per cent in Indore, and 45.84 per cent in Jabalpur.

    Meanwhile the stay in the Andhra Pradesh for the cities of Hyderabad and Visakhapatnam was extended to 4 June. Stay also continues to be in force in Chennai, which was part of Phase I.

  • Allahabad HC reaffirms I&B ministry role in case of STB non-availability

    Allahabad HC reaffirms I&B ministry role in case of STB non-availability

    NEW DELHI: The Allahabad high court has clarified that that the information and broadcasting ministry has been mandated under the Cable TV Networks Rules 1994 to make interim arrangements if any subscriber complains he has not been able to get a set top box from his cable operator.

    A division bench of justice Uma Nath Singh and justice Satish Chandra while dealing with a case recently, quoted from an earlier judgment in this regard to say that the rules drawn up by the ministry were clear on this issue.

    (For the consumers, this judgment implies that they are free to approach the ministry in the event of the multi-system operator or the local cable operator not fulfilling the mandate of supplying the STB. The ministry has already set up a toll free number and complaints from consumers or LCOs relating to STBs or other aspects relating to digitisation are already being passed on to the concerned MSO, I and B minister Manish Tewari told the Parliament yesterday.)

    The court dismissed as without merit a petition by the Uttar Pradesh Cable Operators Welfare Association through its president Anil Upadhyay.

    In its petition, the association had sought extension of time as it said that there was shortage of digital set top boxes even as it fully supported digital access systems. It was stated that in UP, the STBs are not available in sufficient quantity, as it is an imported item mainly from China. There is no workshop in the state for repair of the set top boxes.

    In his arguments, additional solicitor general of India K C Kaushik said that digitisation was almost complete in UP as 100 per cent work has already been done in the Districts – Ghaziabad, Meerut, Varanasi and Allahabad – and 82 to 86 per cent work had already been done in the cities of Kanpur, Lucknow and Agra up to 14 April.

    Interestingly, the court in its judgment said ‘the set top box is not compulsory but is an option for the consumer, who wants to avail the better signals or selected channels. Further for providing better (digital) signals, there are many service providers, other than the petitioners, like DTH.‘

    While dismissing the case for extension of time, the court referred to another judgment of the Court in a related case by the Lucknow Metro Cable Operators Association wherein that court had said ‘Rule 13 (5) of the Rules contains a provision that in the event of failure of the concerned operator to supply and install a Set Top Box, the respondent (information and broadcasting ministry) may, in order to protect the interest of subscribers, take interim measure to ensure supply of signals. Under Rule 14, the ministry has been empowered to resolve dispute of various kinds including arrangements for handling complaints and redressal of grievances of the subscribers. The authority may also look into the efficacy of such arrangements and issue necessary directions to the concerned parties for compliance.‘

    That order had also pointed out that it was clear that all consumers were not aware of digitisation. ‘It is natural that everybody may not be aware whether there has been proper public awareness campaign about DAS scheme or not, and whether supply and installation of set top box has been carried out as required by Rule 13 of the Rules‘, that order had said.

  • IBF joins MSOs to oppose DAS extension in Bengaluru and Mysore

    IBF joins MSOs to oppose DAS extension in Bengaluru and Mysore

    NEW DELHI: The   Foundation (IBF) has got itself involved in the on-going legal battle between MSOs and LCOs over extension of digitisation deadline in Bengaluru and Mysore.

    The apex body of television broadcasters has impleaded itself in the case contending that there are no grounds for extending the government mandated cable TV digitisation in these two cities.

    IBF president Man Jit Singh confirmed that the IBF has impleaded itself in the case without getting into the specifics of the case.

    MSOs including Hathway Cable & Datacom, InCable, Den Networks, Siti Cable and Atria Convergence Technologies, who have been made party to the case, are opposed to extension of deadline in both the cities.

    The Karnataka High Court (HC) has posted the matter again for hearing on Tuesday which means that the interim order granted earlier restraining MSOs from disconnecting analog signals continues for another day in both the cities.

    The Karnataka Cable TV Operators Association (KCTVOA) and Mysore Cable TV Operators Association (MCTVOA) had filed separate petitions seeking extension of digitisation in Bengaluru and Mysore respectively due to unavailability of set-top boxes (STBs).

    However, the Karnataka HC is hearing both the petitions together.

    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.

  • HC stays DAS rollout in Ahmedabad; other Phase II cities to follow?

    HC stays DAS rollout in Ahmedabad; other Phase II cities to follow?

    NEW DELHI: Ahmedabad can wait for DAS. That was the decision of the Gujarat High Court which stayed the switching off of analogue signals to beyond 31 March because of the non-availability of digital settop boxes.

    The High Court said Ahmedabadis will have till 9 April for the introduction of digital STBs following a petition filed by Cable Operators Association of Gujarat through its President Pramod Pandya. He said that STBs ordered from China had failed to arrive because of internal problems in that country and therefore the LCOs could not be penalised for this.

    An Information and Broadcasting ministry official confirmed the development in Ahmedabad.

    Sources, however, reveal that a stay on the rollout of DAS had also been granted by the Karnataka High Court till 1 April in Bangalore and Mysore following petitions filed by Karnataka Cable TV Operators Association President V S Patrick Raju and Mysore Cable TV Operators Association.
    However, no confirmation of this development was available to Indiantelevision.com till the time of filing this report.

    Meanwhile, Raju had earlier also raised the issue of who owns the STB that is installed at the home of a subscriber – the customer or the LCO. He had said that there was no clarity over who owns the box.

    “We have also not given any commitment to exchange the box if the customer so wants. In most cases, we are also unable to give the bill for the box as the Multi System Operators (MSOs), which are distributing them, are not giving us any bill. All that is given is the activation bill,” Raju told Indiantelevision.com over the phone from Bangalore.

    However, he said bills are being given to customers who are serviced directly by the MSOs.

  • LCOs say taxes have to be paid by MSOs under DAS

    LCOs say taxes have to be paid by MSOs under DAS

    NEW DELHI: Organisations of cable operators in Delhi have expressed surprise at reports that the Delhi Government is attempting to charge some local cable operators with evading taxes.

    The local cable operators (LCOs) say that all the set top boxes are being imported by the multi-system operators (MSOs) and the exact number is also available with these MSOs who file their records with the Telecom Regulatory Authority of India (Trai). The action of Delhi Government is therefore misplaced, the LCOs say.

    Cable Operators Federation of India president Roop Sharma said it was for the importer of the MSO to pay VAT or other taxes and this did not fall in the realm of the LCO.

    Under the Digital Addressable System (DAS), even the entertainment tax has to be paid by the MSO who generates the bill, and the LCO does not come into the picture. Prior to digitisation, the LCOs generated the billing for the consumers, Sharma added.

    She stressed that the LCOs had supported digitisation as they were consistently being accused of under-reporting, and wanted to ensure transparency.

    Earlier reports had said that the Delhi government had alleged that LCOs had been evading taxes by concealing the number of connections.

    The Department of Excise and Entertainment Tax had issued notices to nearly 1,000 of 2,200 operators in the city warning them of cancellation of licences.

    The process is likely to take two to three months, according to officials. According to 2011 census, Delhi has 3.341 million households with 88 per cent TV penetration, which implies that about 2.9 million households have TV connections.

    It is understood that the government has collected nearly Rs 1.21 billion against a target of Rs 670 million, of which Rs 300 million has been collected from cable operators. This collection last year was nearly Rs 330 million.

  • Digitisation: Trai directs MSOs and LCOs to comply with QoS in DAS areas

    Digitisation: Trai directs MSOs and LCOs to comply with QoS in DAS areas

    NEW DELHI: For the Telecom Regulatory Authority of India (Trai), it is time to take audit of the first phase of implementation of digital addressable system (DAS) by cable TV networks. Though satisfied with the deployment of set-top boxes (STBs), the broadcast sector regulator now seems to be wanting faster progress made on packaging of channels and billing so that cable TV subscribers can select their channels according to their budgets.

    In a toughening of stance, Trai has directed multi-system operators (MSOs) and the local cable operators (LCOs) to make their subscriber management system (SMS) fully operational in DAS areas. The systems are provided for under Regulation 20 of the Standards of Quality of Service (QoS) Regulations.

    Trai has asked the MSOs and the LCOs to file a compliance report of the QoS within seven days from the date of issue of this directive. The sector regulator had sent the directive on 22 February.

    “It has come to the notice of the Trai that this feature has not been implemented effectively by many MSOs. Also, in many of the cases the LCOs have not provided the completed subscriber application forms to their linked MSOs,” Trai said.
    The compliance report to be given to the Authority will contain total number of STBs received from the linked MSO, total number of STBs seeded and operationalised, total number of consumer application forms duly filled and complete in all respects (all the relevant consumer details and his choice of channels/ bouquets) and submitted to the linked MSO.

    An addressable system “enables the subscribers to exercise their choice of services and budget their bills accordingly”. It also “facilitates the MSOs to effectively manage their accounting and billing of the services rendered”.

    Though the process of SMS had started, senior executives of several MSOs said on condition of anonymity that the entire system would take some time. They also admitted that they faced resistance from some LCOs, following which there was delay in selling channel packages to their subscribers and implementing a proper billing system. Meanwhile, some LCOs have carried out protests to express their dissatisfaction over Trai‘s prescribed revenue share with the MSOs in DAS markets.

  • LCOs in Bangalore hold black flag demonstration to protest DAS deadline for 2nd phase

    LCOs in Bangalore hold black flag demonstration to protest DAS deadline for 2nd phase

    NEW DELHI: Cable TV operators from Bangalore and Mysore staged a black flag protest here to oppose the deadline for the second phase of digitisation on 31 March which will cover these cities.

    The protest was held outside the venue of a seminar on the Digital Addressable System (DAS) here.

    Operators associations demanded that the 31 March deadline be extended. The members of the Karnataka State Cable TV Operators Association submitted a memorandum to Information and Broadcasting Ministry’s Technical Advisor Yogendra Pal who also participated in the seminar.

    Their demands included extension of the deadline, changing the revenue-share model with multi-system operators (MSOs) prescribed by the Telecom Regulatory Authority of India, and evolution of a licensing frame for local cable operators (LCOs).

    Association President Patrick Raju said the deadline was not feasible and demanded to know the status of implementation in the metros. Countering Pal‘s claim that digitisation was total in Delhi, Kolkata and Mumbai, Raju said the situation on the ground was different.
     
    “Let them set it right there, carry out an honest assessment and then start the next phase. This is being done in haste without consulting us, who are the major stakeholders,” he said.

    Meanwhile, Ministry sources told indiantelevision.com that around 47 per cent of consumers in Bangalore and 38 per cent in Mysore had already taken new digital set-top boxes. The sources claimed that MSOs in the two cities had adequate number of STBs.

  • Madras High Court declines to restrain MSOs, LCOs from transmitting analogue signals

    Madras High Court declines to restrain MSOs, LCOs from transmitting analogue signals

    New Delhi: Even as a petition by Chennai Metro Cable Operators Association (CMCOA) seeking extension of implementation of the digital access system is pending hearing, the Madras High Court has refused to grant interim injunction restraining local cable operators from transmitting the cable TV signals in analogue mode.

    However, Justice Vinod K Sharma said: “It is admitted that the cable operators including Arasu cable are providing only analogue system and therefore violating law for which they can be prosecuted under section 11 and section 16 of the Cable Television Networks (Regulations) 1995.”

    But he said this did not mean he was accepting the petition by T Saikrishnan seeking to restrain LCOs and multi-system operators like Arasu from transmitting or operating analogue head end or importing cable TV signals from Non-DAS area or rolling out cable TV signals without DAS licence to the consumers within Chennai Metropolitan area.

    Justice Sharma said: “It cannot be said that the applicant has prima facie case to seek injunction nor the balance of convenience is in favour of him is not likely to suffer any irreparable loss.”

    In the suit, the plaintiff claimed that he is in cable business for last several years after getting valid licence from the postal department. He is operating in and around Virugambakkam in Chennai. Other local cable operators including Arasu cable in the cable business were transmitting signals in and around the area and other areas of city without obtaining necessary licence.

    Arasu Cable Television got itself impleaded as party and filed the counter. It submitted that the applicant had not come to the court with clean hands and filed the application at the instigation of some vested interest who did not want the government to operate the cable TV business.

    P H Arvindh Pandian, Additional Advocate General, contended that the Union government already issued MSO licence to Arasu cable in April 2008 which was valid up to 2013 and it had also applied for DAS licence with the Information and Broadcasting Ministry and the application was still pending. Arasu Cable was running cable TV network in public interest to provide transmission.

    The Judge viewed that under the Act, the aggrieved person could file an appeal for taking action against persons or authority. “The remedy for violation is provided under the Act under section 11 and 16 whereas civil suit is barred in view of law laid down by the Supreme Court”, added Mr. Justice Sharma.

    Meanwhile, the petition by (CMCOA) through its General Secretary M R Srinivasan for extension of DAS pending before Justice N Paul Vasanthakumar is expected to come up for hearing in the last week of this month.

  • Hathway Cable in process of finalising fresh terms with LCOs in digital markets

    Hathway Cable in process of finalising fresh terms with LCOs in digital markets

    MUMBAI: Hathway Cable & Datacom, India‘s leading multi-system operator (MSO), has said that on account of digitisation it is in the process of finalising fresh terms with local cable operators (LCOs) in Mumbai and Delhi, the only cities in first phase where it has a direct presence. In Kolkata, Hathway has a presence through JV partner GTPL KCBPL.

    Pending such finalisations, the management has on estimated basis recognised activation fees and subscription income in these two cities, which is based on on-going discussion with LCOs, market trend and considering the collection made till date.

    The management has reasonable certainty of collecting the amount recognised as income, Hathway said.

    Meanwhile, the company has seen its fiscal third quarter net loss widen to Rs 74.2 million from Rs 17.8 million in the preceding quarter on account of foreign exchange loss and decrease in other income.

    Hathway suffered a foreign exchange loss of Rs 14.89 million compared to a gain of Rs 44.78 million during the fiscal second quarter. The company‘s other income decreased to Rs 13.55 million from Rs 30.63 million.

    Net income from operations during the quarter, which saw the roll-out of first phase of digitisation, rose to Rs 1.53 billion from preceding quarter‘s Rs 1.3 billion.

    Led by increase in pay channel cost and purchase of stock in trade, the expenses for the quarter also jumped to Rs 1.47 billion from Rs 1.37 in the earlier quarter.

    The pay channel cost increased to Rs 429.6 million from Rs 390.4 million while the purchase of stock in trade grew to Rs 43.06 million from Rs 16.48 million.

    The exceptional item includes the amount company spent on Digital Addressable System (DAS) which is Rs 26.79 million for the quarter as opposed to Rs 7.61 million in the previous quarter.

    As of 31 December 2012, Hathway has utilised the entire amount of Rs 3.25 billion from the IPO proceeds that it had proposed to spend on development of digital capital expenditure, services and set-top boxes as well as development of broadband infrastructure.

    The company has spent Rs 124.86 million on customer acquisition out of the proposed Rs 150 million.

  • Tewari to meet LCOs on Wed over revenue sharing under DAS

    Tewari to meet LCOs on Wed over revenue sharing under DAS

    NEW DELHI: Information and Broadcasting (I&B) Minister Manish Tewari will meet a delegation of Delhi-based local cable operators (LCOs) on Wednesday to hear their complaints with regard to the ‘unreasonable‘ revenue sharing under the digital addressable system (DAS).

    The minister agreed to meet the LCOs after around 300 LCOs from different parts of Delhi forced their way into the venue of the Broadcast Engineering Services (India) Expo this morning and shouted slogans against Tewari and I&B secretary Uday Kumar Varma, who was also present.

    Tewari was heckled as he attempted to leave the venue after his inaugural address at the three-day conference. The minister then asked the LCOs to meet him in a delegation at his office Wednesday morning.

    A S Kohli, a leading cable operator and part of the protesting LCOs, told indiantelevision.com that he expected around 1,000 LCOs from all parts of Delhi to gather on Wednesday.

    Cable Operators Federation of India President Roop Sharma who will also meet the Minister tomorrow told Indiantelevision.com that it was unfortunate that the pleas of the LCOs for a more rational share in the tariff, and the recent blackout in parts of East and North East Delhi had failed to make the government react.

    She said that consumers who wanted both pay and free-to-air channels under DAS regime would have to pay anything between Rs 250 to Rs 300 or even more against amounts ranging between Rs 80 to Rs 150 that they have been paying under analogue.

    LCOs in Delhi have been complaining against the revenue sharing between LCOs and MSOs. LCOs from east and north-east Delhi recently resorted to a day‘s blackout of cable TV to draw the government‘s attention to the revenue sharing formula, which they claim is unfair for the LCOs.

    Another LCO Ashok Pandit said several representations have been made to both the ministry and the Telecom Regulatory Authority of India (Trai) about how the revenue sharing under DAS was unworkable. The revenue sharing ratio is 55:45 between MSOs and LCOs in the basic service tier of Rs 100 for 100 free-to-air (FTA) channels, and of 65:35 in a mix of pay and FTA channels.

    He pointed out that even the MSOs had admitted that it was the LCO who did the entire work of fitting the connections or climbing electricity poles to lay the cable TV wire, and added that it was, therefore, wrong to deprive the LCO of his rightful share. Furthermore, he said many subscribers in east Delhi were paying as low as Rs 75 despite the fact that some of them had more than one TV set in their homes, and would therefore refuse to pay more.