ITV

Tag: Madras high court

  • FM Phase III: Govt gets Rs 263.97 crore as bid deposit post auction

    FM Phase III: Govt gets Rs 263.97 crore as bid deposit post auction

    NEW DELHI: A total amount of Rs 263.97 crore has been received by the Government as bid deposits from successful bidders of e-auction of the first batch of private FM radio Phase III channels.

     

    This is 25 per cent of the successful bid amount for a channel defined as bid deposit in the Notice Inviting Applications (NIA) of 2 March. 

     

    Under the stipulated payment methodology by the Information and Broadcasting Ministry, successful bidders had to pay the bid deposits for winning channels within five calendar days of notification of auction results. 

     

    The Ministry had notified 14 successful bidders for 91 channels in 54 cities of the first batch on 16 September.

     

    Successful bidders will now have to pay the balance amount within 15 calendar days of the notification by 1 October. 

     

    On receipt of full successful bid amount – Non-refundable One Time Entry Fee (NOTEF) – within the prescribed time, the Ministry will issue Letter of Intent to the bidders to enable them to complete further formalities.

     

    The e-auction of the first batch of FM phase III comprising 135 channels in 69 cities had commenced on 27 July and concluded after 33 days of bidding on 9 September.

     

    The Ministry had said while announcing the results of 91 channels in 54 cities that they do not include the results of the bids by Sun TV, South Asia FM and Kal Radio in  compliance with the orders of the Madras High Court.

     

    It also said the Centre had decided to file a special leave to appeal in the Supreme Court against the order of 26 July of the Delhi High Court of Delhi in the petitions by Digital Radio (Mumbai) Broadcasting Ltd. & Digital Radio (Delhi) Broadcasting Ltd. respectively.

  • MIB asks FM Phase III bidders to pay full amount by 1 October

    MIB asks FM Phase III bidders to pay full amount by 1 October

    NEW DELHI: All successful bidders for the 91 FM Radio channels in 54 cities that were announced yesterday in the first stage have been asked to pay the bid deposit – 25 per cent of the bid amount – by 21 September. The balance will have to be paid by 1 October. 

    Both amounts have to be paid by demand draft in the name of the Pay and Accounts Officer, Information and Broadcasting Ministry.

     

    At the same time, the Ministry warned that if the bid deposit is not received by the due date, the earnest money deposit (EMD) will be forfeited, and if the balance is not received by 1 October, the bid deposit and EMD will be forfeited.

     

    The Ministry also made it clear that this was without prejudice to any other action that it may take against defaulters.  

     

    While placing the results of 91 channels in fifty-four cities on the website of the Ministry, the frequency allocated and the successful bid amount was also stated.

     

    The Ministry said the results do not include the results of the bids by Sun TV, South Asia FM and Kal Radio in compliance with the orders of the Madras High Court.

     

    It also said the Centre had decided to file a special leave to appeal in the Supreme Court against the order of 26 July of the Delhi High Court of Delhi in the petitions by Digital Radio (Mumbai) Broadcasting Ltd. & Digital Radio (Delhi) Broadcasting Ltd. respectively.

     

    Even as the government withheld six results because of legal cases, Entertainment Network India Ltd (ENIL) emerged the largest gainer with 17 channels in its kitty. 

     

    Rajasthan Patrika Pvt Ltd, Reliance Broadcast Network and DB Corp Ltd got 14 channels each. Meanwhile, Music Broadcast Pvt Ltd has got 11 channels and HT Media has 10 channels. Digital Radio (Delhi) Broadcasting Ltd and Abhijeet Realtors and Infraventures Pvt Ltd got two channels each.

     

    Others who have successful bid and got one channel each are Digital Radio (Mumbai) Broadcasting Pvt Ltd, Renderlive Films and Entertainment Pvt Ltd, Sarthak Films Pvt Ltd, Abir Buildcon Pvt Ltd, Mathrubhumi Printing and Publishing Co Pvt Ltd and Odisha Television Ltd.

     

    The auction was stopped on the 33rd day after just one round, with 97 channels in 56 cities became provisional winning channels with cumulative provisional winning price of about Rs 1156.9 crore against their aggregate reserve price of about Rs 459.8 crore.

  • TDSAT adjourns Star India-Chennai LCO case following stay by Madras HC

    TDSAT adjourns Star India-Chennai LCO case following stay by Madras HC

    NEW DELHI: The Information and Broadcasting (I&B) Ministry has been spared the onus of explaining denial of digital addressable system (DAS) licence to the Tamil Nadu Arasu Cable TV Corporation Ltd (TACTV) following a Madras High Court order.

     

    The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has adjourned sine die the hearing of the LCO Thamizhaga vs Star India case in which the Arasu question had arisen.

     

    The order by TDSAT chairman Justice Aftab Alam and members Kuldip Singh and BB Srivastava came on being informed by the Government counsel that a single judge of the High Court had on 28 August stayed the proceedings pending before the Tribunal.

     

    The Tribunal however gave liberty to the parties to bring to its notice any further development in the matter.

     

    On 14 August, TDSAT had asked the I&B Ministry to file an affidavit in a matter where the root issue was about the denial of DAS licence to TACTV. It also directed the Indian Broadcasting Foundation (IBF) to get impleaded in the case.

     

    At that time, TDSAT also said Star India, a respondent in the case filed by cable operator Thamizhaga Cable TV Communication, New Delhi, was free to negotiate with Arasu and other multi-system operators (MSOs) for areas in Chennai for DAS and outside Chennai for analogue transmission.

     

    At the same time, it said that there would be no disconnection of signals until the next date.

     

    However, the Tribunal had held that Arasu (TACTV) was guilty of transmitting television signals in Chennai – which had adopted DAS in the first phase – in analogue mode, and at the same time guilty of using Star signals in the metropolis without any authorization inter-connect agreement with Star India.

     

    The Tribunal was told by TACTV that it had applied for a DAS licence as far back as July 2012 but the government had failed to take a decision despite an order of the Madras High Court of December 2013 asking the Centre to take a decision on the application of TACTV for grant of its license “in the soonest possible time.”

     

    Noting that there is no compliance with the direction of the Court even after more than a year and half, the Tribunal had felt it was imperative to know the stand of the Government for a proper adjudication of the matter. 

     

    The Tribunal had not accepted the argument by TACTV in the last hearing that it had negotiated with Star India for the entire state since the Letter of Intent (LoI) was only for the rest of Tamil Nadu barring Chennai.

  • SC stays ED proceedings in Aircel-Maxis case to attach Sun TV assets

    SC stays ED proceedings in Aircel-Maxis case to attach Sun TV assets

    NEW DELHI: For the second time within a month, the Supreme Court has come to the rescue of the beleaguered Sun TV group owned by the Maran brothers.

     

    Earlier on 26 July, the apex Court had permitted the FM channels associated with the group to take part in the e-auctions that commenced on 27 July.

     

    The SC today stayed the attachment proceedings before the Enforcement Directorate (ED) Adjudicating Authority against Sun TV assets of the Maran brothers in the Aircel-Maxis case.

     

    The Court, however, said the provisional attachment order issued by the ED would stay alive even if the 180-day period for confirming the attachment order is over.

     

    ED had ordered provisional attachment of assets of Sun TV worth Rs 742 crore allegedly linked to the Aircel-Maxis deal. The attachment order was under the Prevention of Money Laundering Act.

     

    Sun TV had approached the Supreme Court against a Madras High Court order refusing to hear their plea against the provisional attachment on the grounds that the case was linked to the 2G spectrum scam, which is already pending before the bench headed by the Chief Justice of the apex court.

  • Madras HC dismisses Marans’ plea; I&B asks MHA to clarify on security nod denial

    Madras HC dismisses Marans’ plea; I&B asks MHA to clarify on security nod denial

    NEW DELHI: The Madras High Court has dismissed petitions by Sun TV and Kal Comm Pvt. Ltd. seeking stay on the attachment of its assets by Enforcement Directorate (ED) in connection with Aircel-Maxis case.

     

    Justice M. Sathyanarayanan said the Supreme Court was monitoring the case and the High Court was not inclined to entertain the petitions.

     

    Meanwhile, it is learnt that in reply to a letter from the Information and Broadcasting (I&B) Ministry seeking clarifications on rejection of security clearance to Sun TV, the Ministry of Home Affairs (MHA) has reiterated its position. The I&B Ministry is understood to have highlighted the issue relating to freedom of the media.

     

    That apart, the I&B Ministry may be writing again, pointing to the Madras High Court order of September last year, which had commented strongly against the Ministry for cancelling the multi system operator (MSO) license to Sun TV Network’s subsidiary Kal Cables. The observation had come in a case relating to denial of security clearance as the Maran brothers were facing criminal cases.

     

    As was reported earlier by Indiantelevision.com, the refusal to grant a license could result in the closure of 33 channels of the group, FM channels and print outlets.

     

    During the hearing of the case today, the senior counsel appearing for the petitioner contended that the properties were acquired much before the investigating agencies commenced their probe into the Aircel-Maxis case and questioned why properties of other firms accused in the case have not been attached.

     

    Additional Solicitor General G. Rajagopalan contended that the Supreme Court was monitoring the developments in the case and had also observed that any other court hearing the matter would impede the investigation by the Central Bureau of Investigation (CBI) and the ED.

     

    Following the attachment of two of its properties by the ED on 31 March, Sun TV and Kal Comm Pvt. Ltd. moved the Madras High Court seeking to quash the order. The ED had earlier questioned the maintainability of the petitions in view of the Supreme Court’s directions in the case.

     

    The Supreme Court in a blanket order of 10 February, 2011 and 11 April, 2011 restricted any court from entertaining petitions in the matter. 

  • Kal Cables breathes a sigh of relief

    Kal Cables breathes a sigh of relief

    MUMBAI: Sun Group owned Kal Cables has finally won the battle it had set out for, after the Information and Broadcasting Ministry (I&B) cancelled the licence of the multi system operator (MSO).

     

    Quashing the cancellation of provisional licence, Justice V Ramasubramanian said that the I&B had not issued any show-cause notice, before cancelling the permit. He also said that the MSO should be given another chance to respond, post which the I&B Ministry can take suitable action.

     

    The Kalanidhi Maran owned Kal Cables had opposed the 20 August order, saying that it is just a MSO and not a channel. And if the I&B had issued a notice, it would have cleared the doubts.

     

    The court has agreed that Kal Cables is not a broadcaster, but a distributor. And so any cancellation based on security reasons, is applicable on the broadcaster and not the MSO.

     

    It was on 20 August, that the I&B ordered cancellation of the provisional licence, giving the MSO, 15 days to wind up its business. After this, Kal Cables approached the court to first put a stay on the order and finally quashing it and also directing the Centre to give a permanent registration to continue its operations.

     

    The MSO was given a permanent licence to operate in Chennai in June 2012, while a provisional licence was given to operate in DAS notified areas in phase II cities in March 2013.  

  • Madras HC denies stay on Kal Cables’ licence cancellation by MIB

    Madras HC denies stay on Kal Cables’ licence cancellation by MIB

    MUMBAI: As soon as the Ministry of Information and Broadcasting (MIB) came out with an order cancelling the registration of Kal Cables, the company run by the Maran group moved the Madras High Court challenging the order.

     

    The petition contends that there was no notice issued to it before cancellation. While the petitioner was seeking to squash the order, the interim prayer was to provide a stay on it. The court denied the stay and said that the 15 day deadline for winding up operations will continue. However it has stayed the MIB’s directive to put a scroll on its network informing them that the service will be cut and asking them to move to other MSOs.  

     

    The petition from Kal Cables managing director Vittal Sampathkumaran states that following the insertion of Rules 11A to 11F in the Cable Television Network Rules 1995, it had applied for grant of registration to operate as MSO in digital addressable system (DAS) areas in November 2012.

     

    In March 2013 the MIB granted provisional registration to Kal Cables which has now been revoked and has asked the MSO to wind up operations within 15 days. The registration was denied on the grounds of denial of security clearance. However, Kal says that there has been no change in its business operations, and hence this is no cause for denial of licence.

     

    The court has asked the Ministry of Home Affairs (MHA) to submit its report on why the clearance was denied. Counsel for MHA said that the document was confidential and could be provided only by Tuesday, 2 September.

     

    Kal Cables runs Sumangli Cable Vision that has operations mainly in Chennai.

  • Arasu should be given DAS licence, Jayalalithaa tells Modi

    Arasu should be given DAS licence, Jayalalithaa tells Modi

    NEW DELHI: Tamil Nadu Chief Minister J Jayalalithaa has once again raised the issue of granting a digital addressable system licence to Arasu Cable TV Corporation, which is owned by the state government.

     

    While the demand was raised before Prime Minister Narendra Modi when she called on him yesterday, it is expected that this matter would be referred to Information and Broadcasting Minister Prakash Javadekar for consideration.

     

    However, the Telecom Regulatory Authority of India (TRAI) has in two different consultation papers in 2008 and December 2012 given its opinion against state-owned multi-system operators or broadcasters getting licences.

     

    Ministry sources told indiantelevision.com that licences have not been issued to any state-owned organisation for running cable TV networks as TRAI had recommended that neither state-owned, local bodies nor religious organisations should be permitted to own TV channels.

     

    Earlier this year, then I&B Minister Manish Tewari had told Parliament that Arasu Cable TV Corporation had applied on 26 November 2007 for grant of MSO registration in CAS notified area of Chennai and had been granted provisional permission on 2 April 2008, subject to the report of TRAI on the issue of whether to allow state governments/PSUs and other entities to enter into broadcasting activities.

     

    Thus, Arasu had been given permission on the ground that it would automatically lapse if the Ministry decides against allowing state governments/PSUs and other entities into broadcasting activities, including MSO/Cable operations.

     

    In April last year, the Madras High Court had been informed by TRAI that Central and  State government ministries, departments, companies and undertakings should not be allowed to enter into the business of broadcasting or distribution of television channels. 

     

    Justice S. Rajeswaran was hearing writ petitions filed by the Tamil Nadu Arasu Cable TV Corporation seeking Digital Addressable System (DAS) licence to it for Chennai Metro and for the other parts of the State.

  • Madras HC restrains Zee Media, News Nation in defamation suit filed by MS Dhoni

    Madras HC restrains Zee Media, News Nation in defamation suit filed by MS Dhoni

    MUMBAI: It’s Rs 100 crore and we aren’t talking about any Bollywood movie.  It is about a defamation suit filed by Indian cricket team captain Mahendra Singh Dhoni against two news channel networks Zee Media Corporation and News Nation and also against suspended IPS officer G Sampath Kumar.

     

    Dhoni has filed the suit in the Madras High Court claiming that the three parties had made highly defamatory, scandalous, libelous and malicious false reports about his involvement in the IPL betting scandal.

     

    According to a report in The Hindu, an interim order has been passed by justice S Tamilvanan restraining the two news networks from broadcasting any news linking Dhoni with the betting scam for a period of two weeks.

     

    The reports that were broadcast by the news networks revolved around IPL team Chennai Super Kings, of which Dhoni is the captain, and his alleged involvement in match fixing, which, the suit said, has devastated his reputation and image in the eyes of millions of fans all over the world.

     

    When contacted, Zee Media Corp CEO Alok Agrawal said, “We have done nothing wrong. The allegations are baseless. Our lawyers are working on it and we will be fighting the case till the end.”

     

    One the other hand, the one-year old News Nation’s CEO Shailesh Kumar said he is awaiting a copy of the court’s interim order and that the news broadcaster is yet to rope in a lawyer to defend itself.

     

    The Hindu report also said Dhoni claims the news reports were done with an intention to project him as an object of hate and ridicule.

     

    Dhoni has also claimed a total of Rs 100 crore as damages from the three defendants.

  • Arasu has a provisional MSO licence to operate: Manish Tewari

    Arasu has a provisional MSO licence to operate: Manish Tewari

    NEW DELHI: The Tamil Nadu Arasu Cable TV Corporation, a multi-system operator (MSO) run by the TN government – has been claiming that the government has not given it an operational licence, thereby restricting it from transmitting digital signals to its subscribers. The MSO even filed a case in the Madras High Court in December, 2013 and got a stay over Telecom Regulatory Authority of India’s (TRAI) earlier order which stated that MSOs transmitting analogue signals in Chennai would be prosecuted.

     

    While the case is yet to get its second date of hearing, the Information and Broadcasting (I&B) minister Manish Tewari, in a response to a question in the Parliament, said that on 26 November, 2007 Arasu had applied for grant of MSO registration in conditional access system (CAS) notified area of Chennai. The Ministry had granted provisional permission on 2 April, 2008. It was on the condition that after TRAI recommendations are considered, the Ministry will decide whether state governments/PSUs and other entities can enter into broadcasting activities including MSO/Cable operations.

     

    Along with Arasu, four other MSOs in Chennai were also given CAS licences in 2006 including IMCL, Hathway Cable and Datacom, Kal Cable and JAK communications.

     

    In response to a question about licences given to private players in other southern states, Tewari said that CAS was implemented in the notified areas of Delhi, Mumbai and Kolkata on 31.12.2006; while in Chennai, it was implemented since 2003 under notifications of 14 January, 2003 and 31 July, 2006. Since CAS was implemented only in Chennai, no CAS permission was granted to MSOs in other southern states.

     

    The entire episode has in a way turned everything around. The case is pending in court till the time TRAI submits its response. So while TRAI – which is completely against the idea of govt. owned MSOs and awaits Ministry’s response to its recommendations – awaits the responses, it could mean that Arasu is free to operate. Moreover, it can even give digital signals or seed STBs as TRAI can’t take any action against it, given that the MSO has a temporary licence.

     

    The picture will be clear only after the Ministry brings out its regulation and the case in the Madras High Court proceeds.