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Tag: LCO

  • Hathway CCN to launch 48 HD channels in Chhattisgarh

    Hathway CCN to launch 48 HD channels in Chhattisgarh

    MUMBAI: Hathway CCN will be setting up a digital head-end in the state of Chhattisgarh and becoming one of the first MSOs in the country to launch and offer 48 HD channels to digital cable subscribers across the entire state.

    Hathway CCN, which has major, dominant operations across Chhattisgarh, will be offering a wide array of digital services and channels through the new head-end which would provide high-quality and best in class experience to its cable subscribers.

    Speaking on the launch of the new digital head-end,  Hathway CCN director Abhishek Agrawal  said, “This is the first amongst the many digital head-ends which will be installed across Chhattisgarh and the re-distribution of 48 HD channels is yet another progressive step taken by us to express our commitment and dedication to offering the best entertainment to our consumers. As an organization, we are continuously working and reinventing our services to match the growing demands of our subscribers.”

    At a time, when MSOs across the country are working aggressively towards completion of the digitization mandates, such initiatives are a welcome move across stakeholders, subscribers, LCOs, broadcasters and will strengthen and boost consumer confidence as they seek cutting-edge entertainment experience from digital cable.

    Agrawal further added, “We understand the dynamics of committing to such services, especially, when we serve multiple locations from one head-end, but this is the need of the hour to remain competitive and grow. Next in line, would be our value added and high speed broadband services which will provide a potent combination of entertainment services to our consumers.”

    As the cable industry moves towards the end of the digitization phase, providing strong, digital quality entertainment to subscribers would be the big move that will make the industry take the next leap.

  • TDSAT to hear LCO cases against Siti Cable and Hathway afresh in light of new TRAI regulations

    TDSAT to hear LCO cases against Siti Cable and Hathway afresh in light of new TRAI regulations

    NEW DELHI: Local cable operators who are members of Karnataka State Digital Cable TV Operators Welfare Association and the Cable Operators Sangram Association of Kolkata have told the Telecom Disputes Settlement and Appellate Tribunal that they will not migrate to any other distributor without seeking prior permission from the tribunal.

    This assurance was given in three cases – one filed by the Karnataka Association against Siti Cable Networks, and the other two by the Kolkata body against Hathway Cable and Datacom. Counsel Nittin Bhatia made the statement on behalf of the members of these association who were involved in the petitions.

    The tribunal was informed by Siti Cable counsel Tejveer Singh Bhatia and Hathway counsel Jayant K. Mehta about the notifications issued by Telecom Regulatory Authority of India on 7 January and 15 March this year which ‘make some fundamental changes in the DAS Interconnection Regulations and have a direct bearing upon the controversies in these cases.’

    Chairman Justice Aftab Alam and member B B Srivastava listed the matter for 27 April for hearing the parties further in the light of the amendments introduced in the DAS Interconnect Regulations.

    The tribunal said that “In the meanwhile, the respondents may apprise the respective petitioners separately and also through their counsel Mr Nittin Bhatia regarding the rates and the terms and conditions including the respective rights and obligations of the parties under clause 10 of Schedule IV of the notification dated 15 March 2016, that the respondents might have executed with any other LCO operating in that area.”

    The Tribunal also made it clear that if any of the LCOs being represented through these petitions were willing to execute the agreement with the respondents on those terms, they were free to do so.

  • TDSAT to hear LCO cases against Siti Cable and Hathway afresh in light of new TRAI regulations

    TDSAT to hear LCO cases against Siti Cable and Hathway afresh in light of new TRAI regulations

    NEW DELHI: Local cable operators who are members of Karnataka State Digital Cable TV Operators Welfare Association and the Cable Operators Sangram Association of Kolkata have told the Telecom Disputes Settlement and Appellate Tribunal that they will not migrate to any other distributor without seeking prior permission from the tribunal.

    This assurance was given in three cases – one filed by the Karnataka Association against Siti Cable Networks, and the other two by the Kolkata body against Hathway Cable and Datacom. Counsel Nittin Bhatia made the statement on behalf of the members of these association who were involved in the petitions.

    The tribunal was informed by Siti Cable counsel Tejveer Singh Bhatia and Hathway counsel Jayant K. Mehta about the notifications issued by Telecom Regulatory Authority of India on 7 January and 15 March this year which ‘make some fundamental changes in the DAS Interconnection Regulations and have a direct bearing upon the controversies in these cases.’

    Chairman Justice Aftab Alam and member B B Srivastava listed the matter for 27 April for hearing the parties further in the light of the amendments introduced in the DAS Interconnect Regulations.

    The tribunal said that “In the meanwhile, the respondents may apprise the respective petitioners separately and also through their counsel Mr Nittin Bhatia regarding the rates and the terms and conditions including the respective rights and obligations of the parties under clause 10 of Schedule IV of the notification dated 15 March 2016, that the respondents might have executed with any other LCO operating in that area.”

    The Tribunal also made it clear that if any of the LCOs being represented through these petitions were willing to execute the agreement with the respondents on those terms, they were free to do so.

  • TS Panesar: We see ARPU growing by at least 30 per cent.

    TS Panesar: We see ARPU growing by at least 30 per cent.

    With an aim to redefine, transform business dynamics and further strengthen the role of the local cable operator (LCO) in the distribution chain, Hathway has launched a special initiative – Hathway Connect. Launched in Bangalore on 28 January, Hathway Connect is designed to make the lives of LCOs easy and convenient by providing technology and support through a dedicated online portal, which will have detailed features that will allow the LCO to run his business efficiently and effectively, in turn, offering better quality and high standard customer experience. In a tete-a-tete  Hathway Cable and Datacom Limited president-video business  T S Panesar speaks on the launch of its new portal  for LCOs ‘Hathway Connect’ and how it will shape the business in the coming days:

    Q:   What’s the idea behind Hathway Connect?

    TSP:  Digital technology is driving our lives, the whole world is moving towards technology enabled delivery and consumption. The cable TV industry in India is also moving towards complete digitization. Keeping in mind the changed environment, it is important for us to ensure that our entire cable TV distribution chain is technologically oriented and upgraded to keep with the current trends. We want our LCO partners to be empowered and be strengthened with technology to grow further and keep pace with the demands of the consumers.  Overall, the objective is to offer a value proposition to the customers and give them a best-in-class experience.

    Q:  How do you think it’s different and how will it impact the LCOs?

    TSP:  The entire distribution chain in cable still works heavily on a B2B model with almost 90 per cent of the business taking place through the local cable operator. Until now, there has been no real initiative to strengthen the LCOs’ business, provide them with tools to bring a change in operations and improve customer service. Hathway Connect is a breakthrough approach where we are building technology through a dedicated portal to give the LCO a window to compete with the consumer driven DTH business. It’s time that we recognize the role of the LCO in the cable value chain, the country’s geography is vast and it’s through the LCO, that customers get to watch the best entertainment and information on TV. We cannot deny this reality and hence, as a responsible market leader, we have taken the mantle of upgrading and enhancing the LCO as an entity and providing him full access to control his business through technology. We are confident that it will have a positive impact on LCOs and customers as well as prove to be a game changer in the cable industry.

    Q:   What are the key aspects of the Hathway Connect initiative?

    TSP:   More than just a portal, Hathway Connect is a transformational initiativeand a detailed foray into empowering our LCO partners and the business overall through technology. With this dedicated portal, the LCO will have a host of powerful features that will make his life easy and convenient. Some of the key aspects that the portal offers to the LCO are online activation of new customers (E-CAF), package management, account balance management including integration with Bill desk, customer prepaid option, sending customized notifications to subscribers, specialized LCO helpdesk, Self-care through mobile APP amongst many others, which will help them to upgrade operations, create efficient and seamless processes, aid in effective monitoring, improve customer service and build a more robust business down-the-line. Sitting in his office, the LCO can now control his operations with just a click, manage his entire customer base with utmost ease, thus, reducing operational costs. The E-KYC is technology mandate of TRAI and Hathway is the first MSO to comply and launch it to digitally store consumer data. Further, the LCO has the access to handle his customers with all possible data points, tools and incentives and communication which will enhance the standard of services to customers.

    Q:  How do you envision the LCO in the digital regime?

    TSP:  Since the advent of cable TV in India, the LCO has been the driving force in building this industry brick by brick over the past decade and a half. LCOs connect the length and breadth of the country in a way that even DTH cannot match. The LCOs interaction with consumers on a one-to-one level and the personal experience he offers goes a long way back which makes him the heart of our business. Despite several questions raised on the existence of the LCO post digitization regime and his role diminishing forward, he continues to be that vital cog for MSOs in covering the wide geography of the country and would be even more critical in DAS 3 and 4 implementation, which would cover the interiors and heartland of India. The LCO will continue to exist and grow and our endeavour is to support and strengthen them with technology.

    Q:   How are you marketing this new initiative to the LCO fraternity?

    TSP:  We are promoting ‘Hathway Connect’ in a big way across our LCO partners. A dedicated portal has been developed and aesthetically designed in sync with our corporate brand look with enhanced features available for usage. To orient the LCOs, we are doing orientation sessions and welcome initiatives to introduce the programme to them in the most effective manner. In addition, training sessions on the portal and various features are being conducted on one-on-one level. We launched Hathway Connect in Bangalore on 28 January 2016 amidst a gathering of top LCOs and the portal was made Live on 1 February. Going forward, we are planning to roll-out Hathway Connect in the western region on 1 April followed by rest of the regions to make a Pan-India impact.

    Q:   Do you think the LCO is ready for this change?

    TSP:  There is no option but to embrace technology and adopt it in the best possible manner. The environment around us is changing rapidly and becoming competitive. Cable has been in existence since the last decade and half and has pioneered this industry. Today, DTH poses a challenge built mainly on cutting-edge technology and superior customer service, however, cable with its vast geographical strength and connect with the last mile has a big advantage which is still not explore to the fullest. The LCO has to realise his strength and we as pioneers in the business have taken this step to change their mind set, approach and give them the solution to become more competitive.

    Let’s not forget, consumer demands are increasing, they are more informed and smart and technology and quality has to be top notch. If we need to be competitive and grow, change is required. We, at Hathway, have transformed our business significantly over the past couple of years which has taken us ahead of competition. It’s time for our LCO partners to upgrade and change to strengthen themselves.

    Q:  How do you see Cable growth in the coming year and how much of a role will ‘Hathway Connect’ play in this?

    TSP:  As I mentioned earlier, today as one of the leading MSO and broadband company, we reach over 1.2 crore cable subscribers with a digital base of over 96 lakh and 30 lakh broadband homes passed. Our business has evolved manifold and the kind of steps that we have taken in the last one year has clearly taken us notches ahead of competition, be it initiatives for implementing DAS, packaging foray and now Hathway Connect. Cable TV has the potential to grow profitably, provided the industry upgrades with technology to make processes and operations easy and convenient. We have always taken risks and introduced new steps to grow the revenue pie, Hathway Connect is also a big step in that direction.

    Today, the LCO is our biggest asset and if we can transform them, there is a robust business ahead of us and we see ARPU growing by at least 30 per cent.

  • TS Panesar: We see ARPU growing by at least 30 per cent.

    TS Panesar: We see ARPU growing by at least 30 per cent.

    With an aim to redefine, transform business dynamics and further strengthen the role of the local cable operator (LCO) in the distribution chain, Hathway has launched a special initiative – Hathway Connect. Launched in Bangalore on 28 January, Hathway Connect is designed to make the lives of LCOs easy and convenient by providing technology and support through a dedicated online portal, which will have detailed features that will allow the LCO to run his business efficiently and effectively, in turn, offering better quality and high standard customer experience. In a tete-a-tete  Hathway Cable and Datacom Limited president-video business  T S Panesar speaks on the launch of its new portal  for LCOs ‘Hathway Connect’ and how it will shape the business in the coming days:

    Q:   What’s the idea behind Hathway Connect?

    TSP:  Digital technology is driving our lives, the whole world is moving towards technology enabled delivery and consumption. The cable TV industry in India is also moving towards complete digitization. Keeping in mind the changed environment, it is important for us to ensure that our entire cable TV distribution chain is technologically oriented and upgraded to keep with the current trends. We want our LCO partners to be empowered and be strengthened with technology to grow further and keep pace with the demands of the consumers.  Overall, the objective is to offer a value proposition to the customers and give them a best-in-class experience.

    Q:  How do you think it’s different and how will it impact the LCOs?

    TSP:  The entire distribution chain in cable still works heavily on a B2B model with almost 90 per cent of the business taking place through the local cable operator. Until now, there has been no real initiative to strengthen the LCOs’ business, provide them with tools to bring a change in operations and improve customer service. Hathway Connect is a breakthrough approach where we are building technology through a dedicated portal to give the LCO a window to compete with the consumer driven DTH business. It’s time that we recognize the role of the LCO in the cable value chain, the country’s geography is vast and it’s through the LCO, that customers get to watch the best entertainment and information on TV. We cannot deny this reality and hence, as a responsible market leader, we have taken the mantle of upgrading and enhancing the LCO as an entity and providing him full access to control his business through technology. We are confident that it will have a positive impact on LCOs and customers as well as prove to be a game changer in the cable industry.

    Q:   What are the key aspects of the Hathway Connect initiative?

    TSP:   More than just a portal, Hathway Connect is a transformational initiativeand a detailed foray into empowering our LCO partners and the business overall through technology. With this dedicated portal, the LCO will have a host of powerful features that will make his life easy and convenient. Some of the key aspects that the portal offers to the LCO are online activation of new customers (E-CAF), package management, account balance management including integration with Bill desk, customer prepaid option, sending customized notifications to subscribers, specialized LCO helpdesk, Self-care through mobile APP amongst many others, which will help them to upgrade operations, create efficient and seamless processes, aid in effective monitoring, improve customer service and build a more robust business down-the-line. Sitting in his office, the LCO can now control his operations with just a click, manage his entire customer base with utmost ease, thus, reducing operational costs. The E-KYC is technology mandate of TRAI and Hathway is the first MSO to comply and launch it to digitally store consumer data. Further, the LCO has the access to handle his customers with all possible data points, tools and incentives and communication which will enhance the standard of services to customers.

    Q:  How do you envision the LCO in the digital regime?

    TSP:  Since the advent of cable TV in India, the LCO has been the driving force in building this industry brick by brick over the past decade and a half. LCOs connect the length and breadth of the country in a way that even DTH cannot match. The LCOs interaction with consumers on a one-to-one level and the personal experience he offers goes a long way back which makes him the heart of our business. Despite several questions raised on the existence of the LCO post digitization regime and his role diminishing forward, he continues to be that vital cog for MSOs in covering the wide geography of the country and would be even more critical in DAS 3 and 4 implementation, which would cover the interiors and heartland of India. The LCO will continue to exist and grow and our endeavour is to support and strengthen them with technology.

    Q:   How are you marketing this new initiative to the LCO fraternity?

    TSP:  We are promoting ‘Hathway Connect’ in a big way across our LCO partners. A dedicated portal has been developed and aesthetically designed in sync with our corporate brand look with enhanced features available for usage. To orient the LCOs, we are doing orientation sessions and welcome initiatives to introduce the programme to them in the most effective manner. In addition, training sessions on the portal and various features are being conducted on one-on-one level. We launched Hathway Connect in Bangalore on 28 January 2016 amidst a gathering of top LCOs and the portal was made Live on 1 February. Going forward, we are planning to roll-out Hathway Connect in the western region on 1 April followed by rest of the regions to make a Pan-India impact.

    Q:   Do you think the LCO is ready for this change?

    TSP:  There is no option but to embrace technology and adopt it in the best possible manner. The environment around us is changing rapidly and becoming competitive. Cable has been in existence since the last decade and half and has pioneered this industry. Today, DTH poses a challenge built mainly on cutting-edge technology and superior customer service, however, cable with its vast geographical strength and connect with the last mile has a big advantage which is still not explore to the fullest. The LCO has to realise his strength and we as pioneers in the business have taken this step to change their mind set, approach and give them the solution to become more competitive.

    Let’s not forget, consumer demands are increasing, they are more informed and smart and technology and quality has to be top notch. If we need to be competitive and grow, change is required. We, at Hathway, have transformed our business significantly over the past couple of years which has taken us ahead of competition. It’s time for our LCO partners to upgrade and change to strengthen themselves.

    Q:  How do you see Cable growth in the coming year and how much of a role will ‘Hathway Connect’ play in this?

    TSP:  As I mentioned earlier, today as one of the leading MSO and broadband company, we reach over 1.2 crore cable subscribers with a digital base of over 96 lakh and 30 lakh broadband homes passed. Our business has evolved manifold and the kind of steps that we have taken in the last one year has clearly taken us notches ahead of competition, be it initiatives for implementing DAS, packaging foray and now Hathway Connect. Cable TV has the potential to grow profitably, provided the industry upgrades with technology to make processes and operations easy and convenient. We have always taken risks and introduced new steps to grow the revenue pie, Hathway Connect is also a big step in that direction.

    Today, the LCO is our biggest asset and if we can transform them, there is a robust business ahead of us and we see ARPU growing by at least 30 per cent.

  • TRAI permits flexibility in interconnect agreements without dilution of model agreement

    TRAI permits flexibility in interconnect agreements without dilution of model agreement

    New Delhi: In view of several disputes in TDSAT and various high courts on the issue, the Telecom Regulatory Authority of India has prescribed formats of the Model Interconnection Agreement (MIA) and Standard Interconnection Agreement (SIA) to be signed between the multisystem operator and the local cable operator for provisioning of cable TV services through the Digital Addressable Systems (DAS)

    The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Seventh Amendment) Regulations 2016 issued yesterday said MSO and LCO may enter into an interconnection agreement on lines of the MIA, or by signing the agreement strictly in terms of the SIA. Even as flexibility has been allowed on some issues, it has been mandated that the parties shall ensure that no such agreement will have the effect of diluting any of the conditions laid down in the MIA. 

    If the parties decide to enter into interconnection agreement on the terms of SIA, no addition, alteration and deletion of the clauses provided therein is allowed. They have the flexibility to modify clauses 10, 11 and 12 of the MIA through mutual agreement without altering or deleting any other clause of MIA. They also have a freedom to add additional clauses through mutual agreement to the MIA for stipulating any additional conditions.

    In a press release, the Authority said it was of the view that “the prescription of formats of MIA and SIA will pave the way for growth of the sector, result in reduction of disputes between the MSOs and LCOs, provide level playing field to the parties and increase healthy competition in the sector which ultimately will help in better quality of services to the subscribers.”

    Earlier in 2012, the Authority notified a comprehensive regulatory framework for DAS encompassing the interconnection regulation, the quality of service regulation, the tariff order and the consumer complaint redressal regulation.

    The interconnection regulation for DAS prescribes that MSO and LCO shall enter into a written interconnection agreement before provisioning of cable TV services to the subscribers. It was mandated that the interconnection agreement between MSO and LCO shall clearly earmark the roles and responsibilities in conformance to the quality of service regulations issued by the Authority from time to time.

    However, the Authority, while notifying the comprehensive regulatory framework for DAS did not notify any format specifying the terms and conditions for interconnection agreement as there could be various ways in which MSO and LCO can share the responsibilities in the interconnection agreement.

    TRAI received a large number of complaints regarding various issues in signing of the interconnection agreement between MSO and LCO. On the one end, the LCOs represented that the terms and conditions of draft agreements offered by MSOs are one sided and do not provide a level playing field. On the other end, the MSOs indicated that the LCOs are not willing to follow the terms and conditions of interconnection agreement already executed between them.

    It was noticed that the roles and responsibilities of MSO and LCO for meeting the quality of service norms as prescribed in the Quality of Service Regulations 2012 were not clearly defined in the interconnection agreement signed by them; due to which, in the event of any dispute between them the quality of service delivered to the consumers gets adversely affected.

    A comprehensive consultation process was carried out by the Authority to address the issue and the Authority decided to prescribe the terms and conditions for interconnection agreement in such a way that it addresses the various concerns of the stakeholders as well as it provide enough flexibility for accommodating various plausible business models between MSO and LCO.

    The full text of the Regulation is available on TRAI’s website www.trai.gov.in.

  • TRAI permits flexibility in interconnect agreements without dilution of model agreement

    TRAI permits flexibility in interconnect agreements without dilution of model agreement

    New Delhi: In view of several disputes in TDSAT and various high courts on the issue, the Telecom Regulatory Authority of India has prescribed formats of the Model Interconnection Agreement (MIA) and Standard Interconnection Agreement (SIA) to be signed between the multisystem operator and the local cable operator for provisioning of cable TV services through the Digital Addressable Systems (DAS)

    The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Seventh Amendment) Regulations 2016 issued yesterday said MSO and LCO may enter into an interconnection agreement on lines of the MIA, or by signing the agreement strictly in terms of the SIA. Even as flexibility has been allowed on some issues, it has been mandated that the parties shall ensure that no such agreement will have the effect of diluting any of the conditions laid down in the MIA. 

    If the parties decide to enter into interconnection agreement on the terms of SIA, no addition, alteration and deletion of the clauses provided therein is allowed. They have the flexibility to modify clauses 10, 11 and 12 of the MIA through mutual agreement without altering or deleting any other clause of MIA. They also have a freedom to add additional clauses through mutual agreement to the MIA for stipulating any additional conditions.

    In a press release, the Authority said it was of the view that “the prescription of formats of MIA and SIA will pave the way for growth of the sector, result in reduction of disputes between the MSOs and LCOs, provide level playing field to the parties and increase healthy competition in the sector which ultimately will help in better quality of services to the subscribers.”

    Earlier in 2012, the Authority notified a comprehensive regulatory framework for DAS encompassing the interconnection regulation, the quality of service regulation, the tariff order and the consumer complaint redressal regulation.

    The interconnection regulation for DAS prescribes that MSO and LCO shall enter into a written interconnection agreement before provisioning of cable TV services to the subscribers. It was mandated that the interconnection agreement between MSO and LCO shall clearly earmark the roles and responsibilities in conformance to the quality of service regulations issued by the Authority from time to time.

    However, the Authority, while notifying the comprehensive regulatory framework for DAS did not notify any format specifying the terms and conditions for interconnection agreement as there could be various ways in which MSO and LCO can share the responsibilities in the interconnection agreement.

    TRAI received a large number of complaints regarding various issues in signing of the interconnection agreement between MSO and LCO. On the one end, the LCOs represented that the terms and conditions of draft agreements offered by MSOs are one sided and do not provide a level playing field. On the other end, the MSOs indicated that the LCOs are not willing to follow the terms and conditions of interconnection agreement already executed between them.

    It was noticed that the roles and responsibilities of MSO and LCO for meeting the quality of service norms as prescribed in the Quality of Service Regulations 2012 were not clearly defined in the interconnection agreement signed by them; due to which, in the event of any dispute between them the quality of service delivered to the consumers gets adversely affected.

    A comprehensive consultation process was carried out by the Authority to address the issue and the Authority decided to prescribe the terms and conditions for interconnection agreement in such a way that it addresses the various concerns of the stakeholders as well as it provide enough flexibility for accommodating various plausible business models between MSO and LCO.

    The full text of the Regulation is available on TRAI’s website www.trai.gov.in.

  • TDSAT accepts assurance by Malwa MSO of meeting legitimate demands of a group of LCOs in Malwa

    TDSAT accepts assurance by Malwa MSO of meeting legitimate demands of a group of LCOs in Malwa

    New Delhi, 12 March: The Telecom Disputes Settlement and Appellate Tribunal, which had earlier this month asked the Telecom Regulatory Authority of India why there were no other multisystem operators in the Malwa area, has taken note of an assurance by Fastway Transmission Pvt Ltd that it will ensure that all lawful and legitimate grievances of the petitioner LCOs are fully redressed.

    The Tribunal put off to 21 March a petition by the New Malwa Cable Operator Sangh, Punjab.

    Asking the regulator to ‘ponder over and address’ this question, the Tribunal dismissed a petition by another body of LCOs, the Malwa Cable Operators Sangharsh Committee seeking cable TV signals.

    It had said the rejection of the petition by the Committee seeking signals from Fastway was “not due to any lacuna in the law”.

    “It is because there is no one other than the respondent to whom these LCOs may go for supply of signals. How and why such a situation has arisen is a question for the Regulator to ponder over and to address,” Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said in their judgment.
     

     

  • TDSAT accepts assurance by Malwa MSO of meeting legitimate demands of a group of LCOs in Malwa

    TDSAT accepts assurance by Malwa MSO of meeting legitimate demands of a group of LCOs in Malwa

    New Delhi, 12 March: The Telecom Disputes Settlement and Appellate Tribunal, which had earlier this month asked the Telecom Regulatory Authority of India why there were no other multisystem operators in the Malwa area, has taken note of an assurance by Fastway Transmission Pvt Ltd that it will ensure that all lawful and legitimate grievances of the petitioner LCOs are fully redressed.

    The Tribunal put off to 21 March a petition by the New Malwa Cable Operator Sangh, Punjab.

    Asking the regulator to ‘ponder over and address’ this question, the Tribunal dismissed a petition by another body of LCOs, the Malwa Cable Operators Sangharsh Committee seeking cable TV signals.

    It had said the rejection of the petition by the Committee seeking signals from Fastway was “not due to any lacuna in the law”.

    “It is because there is no one other than the respondent to whom these LCOs may go for supply of signals. How and why such a situation has arisen is a question for the Regulator to ponder over and to address,” Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said in their judgment.
     

     

  • TDSAT dismisses LCO petition, asks TRAI why there is only one MSO in Malway in Punjab

    TDSAT dismisses LCO petition, asks TRAI why there is only one MSO in Malway in Punjab

    New Delhi: Even as it dismissed a petition by Malwa Cable Operators seeking cable TV signals, the Telecom Disputes Settlement and Appellate Tribunal asked the Telecom Regulatory Authority of India to ‘ponder over and address’ why there were no other multisystem operators in the area.

    It said the rejection of the petition by the Malwa Cable Operators Sangarsh Committee seeking signals from Fastway Transmission Pvt. Ltd was ‘not due to any lacuna in the law’.

    “It is because there is no one other than the respondent to whom these LCOs may go for supply of signals. How and why such a situation has arisen is a question for the regulator to ponder over and to address,” chairman Aftab Alam and members Kuldip Singh and B B Srivastava said in their judgment yesterday.

    They said: “On a careful consideration of the submissions made before us, we come to the conclusion that no reliefs can be granted to the petitioner by the Tribunal”.

    Apart from relying on its own previous judgments, the Tribunal noted that the MSO had made clear that it was not supplying signals in analogue mode to any LCO in the State of Punjab and that it was willing to supply signals to the petitioner LCOs “as per its rate card on the basis of which alone it is supplying signals to other LCOs in the state.”

    The Tribunal also took note of an earlier allegation by the LCOs that Fastway had set up a dummy operator which was supplying signals in the area of operation of the petitioner LCOs in analogue mode and on much cheaper rates.

    Referring to arguments raised by lawyers from both sides on the must provide and non-discrimination clauses, the Tribunal said: “In our view, the two principles of ‘must provide’ and ‘on-discrimination’ as the basis of interconnection cannot operate separately but are inseparable. All that those principles mean is that a distributor cannot refuse to supply signals to a LCO and it must supply signals to the LCO seeking signals from it in the same mode and on the same terms and at the same rate at which it might be giving its signals to another LCO, comparable to the one seeking the signals. As long as the distributor does not supply signals to anyone except in DAS mode, the principle of “must provide” cannot be invoked to compel it to supply signals to anyone in analogue mode”.

    Counsel Abhishek Malhotra had during arguments referred to clause 3 of the Telecommunication (Broadcasting and Cable Services) Interconnection Regulations 2004 and submitted that the scheme of interconnection envisaged by the regulations was based on the twin principles of ‘must provide’ and ‘non-discrimination’. He submitted that as one of the principles of interconnection was ‘must provide’ the respondent was obliged to supply signals to the petitioner LCOs and they would be free to retransmit the signals in their area of operation in analogue mode as that area was yet to come under the DAS regime.

    The Tribunal noted that it was on a consideration of the recommendations made by TRAI that the Central Government issued the notification dated 11 November 2011 (later amended on 11 September 2014) introducing digitisation of cable TV systems in four phases over a period of four and a half years. “As noted above, the language of the notification is such that it would be unlawful to make transmission in analogue mode in any part of the country that has come under the DAS regime as per the schedule given in the notification. But it is not unlawful to make transmission through digital addressable system in any part of the country that is yet to come under the DAS regime”, the Tribunal said.

    Referring to arguments by Fastway counsel Naveen Chawla, the Tribunal said there was nothing to show that Fastway had committed any breach of any regulations or tariff orders framed by TRAI in either making the packages of channels or in fixing the rates of those packages. Moreover, the language of the notification issued under Section 4A of the CTN(R) Act and the relevant provisions of TRAI regulation is quite plain and to give them any other meaning on the plea of hardship caused to the LCOs would be doing violence to the plain language of the notification and the regulations.

    LCO counsel Vineet Bhagat had submitted that the scheme of digitisation was a phased scheme and it would be unreasonable and unjust to thrust upon the poor LCOs the digital addressable system of transmission even before the date of its enforcement under the Government notification.