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Tag: Madras high court

  • Star-TRAI case hearing in Madras High Court starts

    NEW DELHI: Final hearing commenced in the petition by Star India and Vijay TV challenging the jurisdiction of Telecom Regulatory Authority of India to issue tariff orders on the ground that content came under the Copyright Act.

    Although the Supreme Court had in early May while staying the tariff order directed the Madras High Court to complete hearing within four weeks, the high court had earlier this month listed matter to come up for today.

    Heeding the directive of the apex court to hear the matter on a day-to-day basis, the hearing which commenced today will continue for another two or three days until it is concluded.

    The hearing in the court was today confined to hearing the counsel for Star India who is expected to continue tomorrow as well. This will be followed by counsel of the TRAI and the Union of India.

    Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court.

    Although the high court chief justice Indira Banerjee and Justice M Sundar had listed the matter for 12 June, it issued directions before that date that the matter would come up today (on Tuesday).

    In the hearing in April-end, it had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also Read:

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    Star India case questioning TRAI jurisdiction over content postponed 

  • Star India case questioning TRAI jurisdiction over content postponed

    MUMBAI: Unmindful of the Supreme Court directive to dispose of the case in four weeks, the hearing of the dispute between Star India and the Telecom Regulatory Authority of India (TRAI) in the Madras High Court has been postponed to 27 June.

    It has been learnt that court will not be sitting around this time and the judges would not be able to give time to the case before the new date.

    Although, the matter was scheduled to be heard on 12 June, arguments and judgement in the dispute concerning the constitutionality of TRAI’s orders will now witness further delay.

    The Supreme Court had earlier granted a stay on TRAI’s new tariff orders. The apex court had asked the Madras High Court to complete the hearing within four weeks. The case was scheduled to be heard on a day-to-day basis from 12 June.

    The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content, and that actually came under Copyright Act, which is not administered by TRAI.

  • MSOs prepared for new regime, AIDCF stresses on ‘a la carte’ offers from 1 Sept

    MUMBAI: All-India Digital Cable Federation (AIDCF), the apex body of Digital Multi System Operator’s (MSOs), has urged all its members to gear up for the new tariff regime. 

    In its meeting held on Monday, the members were advised to gear up to meet the requirement under the new regulation and prepare their backend to handle dynamic offerings including offering channels on à la carte basis. While the broadcasters and MSOs are free to form their own bouquets, the ultimate “right to choose” to end-consumers will happen by giving them the ability to choose channels on à la carte basis.

    This step has been taken to stream-line MSOs services so that the end-consumer does not face any hiccup when the new regime kick-in on 1 September 2017. It should be noted that the members of the apex body are fully committed to migrate to the new tariff and interconnect regime.

    AIDCF would also like to put on record that the new tariff regime will bring in more transparency and fuel growth by regulating the broadcast distribution system. It will also help in creating a more synergetic environment unlike the current unfettered one and will give the end-consumers, the freedom to choose what they want to watch and provide safeguard to ensure that the channels are being offered with fair trade margin, thus harmonising the entire eco-system.

    The Federation also welcomed the Supreme Court judgment as it will be an ideal scenario if all the legal procedures are put to rest before the new regime kicks in. This way there will be no ambiguity and application of the new regime will be smooth and seamless.

    AIDCF president TS Panesar said, “We are happy to note that the Supreme Court has requested the  Madras High Court to hear this matter on a daily basis beginning 12 June 2017  and come out with the judgement in 30 days. This does not affect the 1 September implementation deadline and we are hopeful that it will be implemented on time.”

    Also Read:

    MSOs upload channel capacity & RIO, AIDCF requests b’casters too

    Upload channel capacity & RIO immediately, AIDCF urges MSOs

    Furnish details of cable connections, Delhi Govt asks operators, MSOs wary of cascading effect

  • Star India appeal in SC challenging TRAI’s HC verdict slated for Monday

    NEW DELHI: The Supreme Court is expected to hear on 8 May the appeal by Star India and Vijay TV challenging the order of the Madras High Court refusing to stay the DAS tariff order of the Telecom Regulatory Authority of India.

    A bench headed by Chief Justice J S Kehar had earlier this week said the matter would come up for hearing in due course.  

    Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court.

    High Court Chief Justice Indira Banerjee and Justice M Sundar had directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content, and that actually came under Copyright Act, which is not administered by TRAI.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

  • After Star, Tata Sky all set to challenge TRAI tariff: Harit Nagpal

    MUMBAI / NEW DELHI: Finally, after a wait of around seven months after it was first notified and then re-notified on 3 March, the tariff order for digital addressable system has come into effect today – but implementation may take some time after overcoming some stumbling blocks.

    Even as the petition filed by Star India and Vijay TV on the ground that the Telecom Regulatory Authority of India cannot regulate content which falls under the Copyright Act 1957 is pending hearing in Madras High Court, direct-to-home platforms are expected to pose a major challenge to its implementation.

    Primarily, the problem occurs because all stakeholders will have to abide by the rates fixed by the broadcaster according to the new tariff order.

    The DTH players are agitated not only with the fact that they pay over 85% of the service tax and entertainment tax in the digitised universe, but the fact that their liberty to make their own bouquets may be taken away with the broadcasters having the say in fixing rates for individual channels.

    Tata Sky CEO Harit Nagpal has confirmed to indiantelevision.com that it is moving the Delhi High Court against TRAI on the tariff order. As it is one of the largest among the six private DTH operators, the approximately Rs 50-billion Tata Sky may be joined by other players.

    Tata Sky had designed packages as per genre so as to make it smoother for the customer but may now have to change these bouquets/bundles as the new order directs the DTH operators to offer channels on an à la carte basis and then link them to the bouquet price.

    There are several conditions in the new order as to how the channels could be priced in a bunch, and individually, Nagpal said. If one aspires that consumers are going to use an app and order a channel that may not take place in the Rs 58000-crore television industry.

    Consumers in India would expect the salesperson to answer their specific queries before they subscribe. Nagpal said it costs Tata Sky around Rs 200 to successfully close one subscription as a call centre call costs Rs 7 a minute. Tata Sky’s margin is Rs 60,which is 20 per cent of Rs 300 — the average revenue from each subscriber. Tata Sky apprehends going out of business taking into consideration the cost of handling calls, and the lowly profits.

    The platform which claims around 12.08 million active subscribers has explained all points in detail to TRAI, but to no avail. The new order has been notified, and it’s too complicated to enlist channel pricing on the website as expected, Nagpal said.

    Nagpal said, ideally, the purpose of the government should be to achieve absolute digitisation and transparency by streamlining the ties between the MSOs and LCOs.

    The cable operators have in so many years failed to offer tiered packages, even at the genre level. With the aim of making the category fully transparent, it needs to switch to prepaid so as to make sure the MSO acts similar to DTH operators that collect money in advance.

    At the lowly margin of 20%, the Tata Sky executive said it was not encouraged to innovate in terms of providing Interactive services, HD, DVR and on-demand services, etc. He said the tariff order was not implementable, and this would be proved before the Delhi High Court in the case being filed this week.

    The new carriage fee structure that has been proposed made channels serving smaller group or communities non-profitable. The Tata Sky CEO said he failed to comprehend why a channel would pay a fee to be carried on a platform.

    Owing to its transparency and qualified processes, the company that is best equipped to implement the new TRAI order was Tata Sky, Nagpal believed, but added: “If Tata Sky is unable to implement it, none can.”

    India is one of the cheapest market for cable television entertainment even when one compares it with similar per capita Asian nations such as the Philippines and Indonesia US$25 per month, whereas consumers in India pay around US$5-6.

    TRAI had first come out with a draft tariff order in October 2016 but was embroiled in the case in Madras High Court which had initially directed status quo. Later, TRAI had issued the orders on 3 March after getting the green signal from the apex court even as the broadcasters’ case was pending in the High Court.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    Also Read ;

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    No advancing of Star India hearing in TRAI tariff case: SC

    Upload channel capacity & RIO immediately, AIDCF urges MSOs

    Active DTH subscriber growth subdued in Oct-Dec’16 quarter
     
     

  • Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    NEW DELHI: The Madras High Court has declined a petition to stay the tariff orders for cable TV by the Telecom Regulatory Authority of India slated to come into effect from 2 May 2017.

    Chief Justice Indira Banerjee and Justice M Sundar directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court said that Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content,, and that actually came under Copyright Act, which is not administered by TRAI.

    The Court said the petitioners had not made out a strong and prima facie case for an interim stay. It also said that it had noted that the situation prevailing on 3 March 2017 when the order was issued and that prevailing today ‘has not changed so drastically’ so as to warrant an interim stay. The Court said that it had also kept in view the larger public plea made by the Government counsel.

    This implies that TRAI is now free to implement its tariff order, reference interconnect offer (RIO) and Quality of service order (QoS) from 2 May.

    The Court took note of the point made by TRAI counsel P Wilson that every broadcaster would publish its Reference Interconnect Offer on 2 May 2017. Any distributor interested in entering into an agreement would hold discussions with the broadcasters and agreements would be signed by 1 June 2017.

    However, the commercial operation/transactions under the agreement can start only from 1 September 2017.

    Although the Indian Broadcasting Federation had been impleaded and supported the plea for interim stay, the court said it had come to understand that many of the members of the IBF “are now in favour of the impugned interconnect regulations and the tariff order.”

    The Court had also allowed the All-India Digital Cable Federation which has around 10 MSOs operating pan-India under its wing to intervene and had opposed the plea for interim stay.

    Earlier, on 28 March, both the broadcasters had not pressed their plea for stay of the order after TRAI told the court that implementation of these orders had been postponed from 2 April to 2 May. TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court.

    Hearing on the petition has had a chequered history with three judges recusing themselves. Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petitions became necessary as the matter is being heard afresh by the bench headed by the chief justice

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also read: Star – TRAI copyright case: In dramatic turn, Madras HC judges withdraw

    TRAI notifies tariff order implementation from 2 May, RIO in 60 days

  • HC orders on Star plea for stay on TRAI tariff today

    NEW DELHI: Orders are expected to be pronounced tomorrow on the application by Star India and Vijay TV in Madras High Court seeking a stay of the tariff orders issued by the regulator last month and slated to become effective 2 May 2017.

    Arguments concluded tomorrow after both the broadcasters and the Telecom Regulatory Authority of India concluded their arguments.

    The broadcasters, who have challenged the jurisdiction of the TRAI in issuing relating to TV content, had on 28 March decided not to press for stay after the Court was informed by the regulator that it had decided to defer implementation of its tariff orders to 2 May instead of 2 April.

    TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court, which had then directed the High Court to conclude the matter within sixty days.

    The case by the two broadcasters is that content falls under Copyright Act and does not come under the ambit of TRAI. The matter came up for hearing earlier this week in a bench headed by Madras High Court Chief Justice Indira Banerjee.

    Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.

    After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

    Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petition became necessary as the matter is being heard .

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.
    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

  • TRAI notifies tariff order implementation from 2 May, RIO in 60 days

    NEW DELHI: In keeping with the letter submitted to the Madras High Court earlier this week, the Telecom Regulatory Authority of India today issued an amendment to its tariff order extending the date for bringing it into force to 2 May 2017.

    Following the extension letter, both Star India and Vijay TV had not pressed their plea for extension.

    The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order 2017 had been issued on 3 March 2017 to provide the tariff framework applicable to broadcasting services relating to television provided to subscribers, through addressable systems, throughout the territory of India.

    Clause 3 of the principal Tariff Order was required to be implemented after thirty days from the date of its publication in the Official Gazette.

    TRAI also said that with the notification today, the Regulation 7(1) of the Telecommunication (Broadcasting and Cable) Services (Addressable Systems) Interconnection Regulations, 2017 relating to publishing RIO within 60 days from the date of publication of regulations comes into effect foday.

    TRAI received representations from some stakeholders wherein it is mentioned that section (b) of sub-clause (3) of clause 1 of the principal Tariff Order stipulates that clause 3, which mandates that broadcasters have to declare the nature and MRP of pay channels will come into effect after 30 days from the date of publication of this Order in the Official Gazette.

    Stakeholders also mentioned that it is not clear where will broadcasters declare the nature and rates of channels as RIOs are required to be published within 60 days. They requested the Authority to remove the ambiguity with regards to schedule for declaration of nature and MRP of pay channels; and publishing of RIO.

    TRAI said in order to harmonize the provisions relating to implementation of the clause 3 of the principal Tariff Order and regulation 7(1) of the Telecommunication (Broadcasting and Cable) Services (Addressable Systems) Interconnection Regulations, 2017, the dates of the principal tariff order have been re-determined.

    In addition, Clause 10 has been amended as it mistakenly referred to the tariff order of 2010.

    The regulations issued on 3 March2017 are:

    The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_2017.pdf

    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf

    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03_mar_2917.pdf

    Also Read: TRAI justifies tariff, QoS, interconnect orders, declines comment on jurisdiction

    TRAI extends tariff regulations execution date, Madras High court arguments to continue

  • TRAI extends tariff regulations execution date, Madras High court arguments to continue

    NEW DELHI: Following the Telecom Regulatory Authority of India’s request that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017, Star India and Vijay TV decided not to press for their pleas  in view of the ongoing case in Madras hIgh Court.

    The  regulator In a letter submitted to the court its counsel Richard Wilson and signed by by TRAI Secretary Sudhir Gupta, stated that this was being done in view of certain ambiguities raised by some stakehlolders.

    The Court was told that a formal notice about this would be released in due course.
    The broadcasters had filed the application on the plea of the deadline set by TRAI.

     Meanwhile, the Court fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters over two days commencing last Friday.

    After TRAI counsel concludes his arguments next week, the Court will hear counsel of All India Digital Cable Federation which been impleaded in the matter.

    Earlier on 3 March, the regulator had issued the three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex Court also asked the High Court to conclude hearing in sixty days.
    The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directives that will affect the content since that did not fall in its purview.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_2017.pdf
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03_mar_2917.pdf

    Follwing these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week.

    Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also read:

    Star-Vijay Copyright case hearing next week, TRAI to file counter

  • Star & Vijay TV amend plea, TRAI asked by Madras HC to file response

    NEW DELHI: The Madras High Court today decided to hear on 24 March the case by  Star India and Vijay TV alleging that the Telecom Regulatory Authority of India tariff and other orders allegedly were in conflict with Copyright Act 1957.

    This development came after the HC allowed an amended application from petitioners to be filed, which, according to industry sources, broadly states that TRAI regulations involving tariff, etc are bad in law.

    Following the Supreme Court directive of 16 February 2017 on an appeal permitting TRAI to issue its tariff and other orders even as the case would continue in the High Court, both the broadcasters had filed an amended petition. The court also directed TRAI to file its reply by Wednesday next.

    TRAI had issued three regulations, including one on tariff on 16 January 2017, the day the Supreme Court gave its clearance.

    The broadcasters had sought to argue that the TRAI orders are in conflict with the Copyright Act 1957. As a result of that court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services. The temporary stay by Madras HC was over-ruled by SC later.

    It is also expected that a final judgment on the case could come about by 3 April 2017 in the Madras HC, if not before that date.

    Last year, TRAI had issued draft guidelines on tariff interconnect and quality of service, and TRAI chairman RS Sharma had then told indiantelevision.com that the regulator would come out with its final recommedation by the end of 2016.

    It may be recalled that the Indian Broadcasting Foundation (IBF) had also said in reaction to the TRAI drafts that the exercise was in direct conflict with the provisions of the Indian Copyright Act.

    The comments had been stated in a submission to the Telecommunication (Broadcasting and Cable Services) Interconnection (Addressable Systems) Regulations 2016; the Telecommunication (Broadcasting and Cable Services) (Eighth) (Addressable Systems) Tariff Order 2016; and the Standards of Quality of Service) and Consumer Protection (Digital Addressable Systems) Regulations 2016.

    The All India Digital Cable Federation (AIDCF), which had made itself party to the case after being allowed by the Madras High Court, till the time of writing this report had not yet made up its mind whether to further join issues with petitoners’ amended application in Madras High Court.

    Also read

    Maintain status quo on broadcast guidelines, Madras HC tells TRAI