Tag: MSO

  • TRAI urged to ensure signals to LCOs not disrupted following withdraw its hike-linked tariffs

    TRAI urged to ensure signals to LCOs not disrupted following withdraw its hike-linked tariffs

    NEW DELHI: Following the decision of the Telecom Regulatory Authority of India to withdraw its hike-based tariff orders of 27.5 per cent, the reguator has been urged to issue orders asking multisystem operators not to disconnect the signals received by last mile networks (LCO) during this crucial period of observing the tariff and arrears adjustment period (TAAP).

    The regulator has also been urged to ask MSOs to to make any package alterations, activations or deactivations in set top boxes for the smooth adjustment of the increase / hike made payable by LCOs from 1 April 2014 till 30 June 2016.

    In a detailed letter to TAI Chairman R S Sharma, both National Cable and Telecommunication Association and Cable Operators Federation of India has said that a similar direction may be given to the Pay TV Broadcasters and they be directed to bring back the tariff as existing on 31 March 2014.

    In the pre-paid MSO business model, adequate credit should be maintained by the MSO in the system during this period of our observing TAAP, for the adjustment of the increase / hike made payable by us from 1 April 2014 till 30 June 2016.

    The two organizations have also said that in case of any discrepancy or for reconciliation of accounts by the MSO, if needed, Rendition of the “Separate Accounts “kept be made in order to ascertain the discrepancy and reconciliation of the accounts.
    The letter by NCTA President Vikki Choudhry and COFI President Roop Sharma have pointed out that the regulator had itself withdrawn its tariff-linked tariff orders in the light of the Telecom Disputes Settlement and Appellate Tribunal setting aside the two orders which had allowed for one installment of 15% from 1 April 2014 and the second hike of 12.5% allowed both at the retail and wholesale levels from 1 January 2015.

    In view of the TDSAT order and subsequent withdrawal of the orders, there is an immediate need to adjust the increased payments if made by the subscribers to the LCOs, LCOs to the MSOs and MSOs to the broadcasters.

    “This TAAP observed to adjust our rightful and legitimate arrears due, upon the MSO, should not be construed as a default in payment or non-payment of agreed / negotiated / invoiced payments due, under an interconnection agreement entered with the MSO in any manner whatsoever or otherwise. Statutory payment obligations towards applicable Entertainment Tax and Service Tax will continue to be fulfilled as is, during this period of observing TAAP by the stakeholders”, the letter said.

    The last mile LCOs will also enclose a copy of the last paid invoice / bank statement of the payments made / released to the respective MSO in order to also certify that there are no outstanding dues payable on them as on date.

  • Stakeholders welcome easing of FDI norms for broadcasting; want DAS to move faster

    Stakeholders welcome easing of FDI norms for broadcasting; want DAS to move faster

    NEW DELHI: The broadcasting sector and particularly the cable sector welcomed the government’s announcement bringing almost the entire broadcasting sector under the automatic route for foreign direct investment.

    Stakeholders said the step was very timely as the country was on the verge of completing the transformation to digital addressable systems for cable television.

    The government had this morning announced opening up setting up of teleports, direct-to-home, cable networks, headend-in-the-sky and mobile television to 100 per cent foreign direct investment through the automatic route.

    The announcement from the Prime Minister’s office said this had been done with the objective of providing major impetus to employment and job creation in India.

    However with regard to the broadcasting sector, it was made clear that infusion of fresh foreign investment beyond 49 percent in a company not seeking license/permission from sectoral Ministry, resulting in change in the ownership pattern or transfer of stake by existing investor to new foreign investor, will require approval of the Foreign Investments Promotion Board.

    However, Hinduja Ventures Ltd whole-time director and former president of the MSO Alliance Ashok Mansukhani told indiantelevision.com that these changes would have real meaning only if the government is able to bring back DAS ‘on the rails.’

    He said that just around six months were left for the final Phase of DAS and Phase III was already mired in several cases all over the country. Although the Supreme Court had directed that these be transferred to Delhi High Court, this process had not been completed with the result that the High Court could not proceed to hear the matter.

    Phase III was to cover 7,700 cities and Phase four is to cover 61 million (6.1 crore) television households, but all this will be derailed unless the government is able to implement the different phases.

    In a general reaction to the liberalization in FDI, FICCI Secretary-General Didar Singh said“There is no doubt that India today is the most preferred investment destination in the world. While the attraction of our market is known to all, there is now even more reason for global investors to commit themselves for making and doing business in India. Our government is translating words into action and after having made a strongest pitch ever to global investors, it if following up with a major overhaul of the FDI framework so that the interest generated is captured in the form of higher investment flows which are on a rise since the last two years”.

    National Cable and Telecommunication Association President Vikki Choudhuri, while welcoming the move, said the government should also immediately re-look at the regulations which are not favourable for BPOs and the last mile operator.

    Cable Operators Federation of India president Roop Sharma said that while the relaxation for cable and multi system sector going through automatic route was welcome, it would not serve any purpose unless the last mile operator is educated about this.

    As a result, she said it would only lead to creation of monopolies in the hands of a few large cable and MSO operators. This was because cable operators in smaller towns never even came to know about the changes since no effort was made by the government to educate them.

  • Stakeholders welcome easing of FDI norms for broadcasting; want DAS to move faster

    Stakeholders welcome easing of FDI norms for broadcasting; want DAS to move faster

    NEW DELHI: The broadcasting sector and particularly the cable sector welcomed the government’s announcement bringing almost the entire broadcasting sector under the automatic route for foreign direct investment.

    Stakeholders said the step was very timely as the country was on the verge of completing the transformation to digital addressable systems for cable television.

    The government had this morning announced opening up setting up of teleports, direct-to-home, cable networks, headend-in-the-sky and mobile television to 100 per cent foreign direct investment through the automatic route.

    The announcement from the Prime Minister’s office said this had been done with the objective of providing major impetus to employment and job creation in India.

    However with regard to the broadcasting sector, it was made clear that infusion of fresh foreign investment beyond 49 percent in a company not seeking license/permission from sectoral Ministry, resulting in change in the ownership pattern or transfer of stake by existing investor to new foreign investor, will require approval of the Foreign Investments Promotion Board.

    However, Hinduja Ventures Ltd whole-time director and former president of the MSO Alliance Ashok Mansukhani told indiantelevision.com that these changes would have real meaning only if the government is able to bring back DAS ‘on the rails.’

    He said that just around six months were left for the final Phase of DAS and Phase III was already mired in several cases all over the country. Although the Supreme Court had directed that these be transferred to Delhi High Court, this process had not been completed with the result that the High Court could not proceed to hear the matter.

    Phase III was to cover 7,700 cities and Phase four is to cover 61 million (6.1 crore) television households, but all this will be derailed unless the government is able to implement the different phases.

    In a general reaction to the liberalization in FDI, FICCI Secretary-General Didar Singh said“There is no doubt that India today is the most preferred investment destination in the world. While the attraction of our market is known to all, there is now even more reason for global investors to commit themselves for making and doing business in India. Our government is translating words into action and after having made a strongest pitch ever to global investors, it if following up with a major overhaul of the FDI framework so that the interest generated is captured in the form of higher investment flows which are on a rise since the last two years”.

    National Cable and Telecommunication Association President Vikki Choudhuri, while welcoming the move, said the government should also immediately re-look at the regulations which are not favourable for BPOs and the last mile operator.

    Cable Operators Federation of India president Roop Sharma said that while the relaxation for cable and multi system sector going through automatic route was welcome, it would not serve any purpose unless the last mile operator is educated about this.

    As a result, she said it would only lead to creation of monopolies in the hands of a few large cable and MSO operators. This was because cable operators in smaller towns never even came to know about the changes since no effort was made by the government to educate them.

  • TDSAT directs Sat Guru Sai Cable to pay MSM Media

    TDSAT directs Sat Guru Sai Cable to pay MSM Media

    NEW DELHI: Sat Guru Sai Cable Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay a sum of Rs.5,36,173 to MSM Media Distribution Pvt. Ltd as subscription along with interest at the rate of 8 per cent from the date of the filing till final payment.

    Although MSM Media Distribution had demanded Rs 10,30,435, Chairman Justice Aftab Alam and member B B Srivastava in their judgment of 2 June 2016 held that payment could only be made up to the date of the interconnect agreement even if the petitioner had continued to provide signals.

    According to MSM Media Distribution, it entered into two separate agreements on 19 November 2014 whereby the MSO was authorized to retransmit signals of the channels of the broadcasters received from MSM Discovery or Multi-Screen Media to its subscribers and LCOs’ if applicable in the area of Muzaffarpur (Bihar}. The period of agreement is 1April 2014 to 31 December 2014 in both the cases. The monthly subscription fee for MSM channels was Rs 82,572 and for the TVT channels Rs.1,700 excluding applicable taxes. The subscription agreement, according to the petitioner’s averments, also stipulated payments ofinterest at 18 percent per annum for any late payment of the subscription fee.

    The distributor says that these channels were duly transmitted to the MSO which re-transmitted them to its consumers/subscribers and LCOs.

    It has been stated by the distributor that prior to the conclusion of the agreement, the MSO was reminded several times to renew the agreement and to clear the arrears. The signals were continued on a request by the MSO even after the expiry of the agreement.

    Thereafter, the distributor first issued notices and then public notices in local newspapers and failing to get any reply, deactivated the signals of TVT on 29 April 2015 and MSM channels on 11 May 2015.

    No one appeared in TDSAT on behalf of the MSO despite notices and the case was heard ex parte.

    The tribunal found there was no documentary evidence to support the averments about public notices in prominent newspapers, nor was there any document to suggest it had pleaded with the MSO to renew the agreement.

    In view of that, the tribunal limited the payment to the period of agreement only, Rs 5,23,459 for supply of MSMsignals  and Rs. 12,714 for supply  of TVT signals  thus totalling Rs 5,36,173 only. 

  • TDSAT directs Sat Guru Sai Cable to pay MSM Media

    TDSAT directs Sat Guru Sai Cable to pay MSM Media

    NEW DELHI: Sat Guru Sai Cable Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay a sum of Rs.5,36,173 to MSM Media Distribution Pvt. Ltd as subscription along with interest at the rate of 8 per cent from the date of the filing till final payment.

    Although MSM Media Distribution had demanded Rs 10,30,435, Chairman Justice Aftab Alam and member B B Srivastava in their judgment of 2 June 2016 held that payment could only be made up to the date of the interconnect agreement even if the petitioner had continued to provide signals.

    According to MSM Media Distribution, it entered into two separate agreements on 19 November 2014 whereby the MSO was authorized to retransmit signals of the channels of the broadcasters received from MSM Discovery or Multi-Screen Media to its subscribers and LCOs’ if applicable in the area of Muzaffarpur (Bihar}. The period of agreement is 1April 2014 to 31 December 2014 in both the cases. The monthly subscription fee for MSM channels was Rs 82,572 and for the TVT channels Rs.1,700 excluding applicable taxes. The subscription agreement, according to the petitioner’s averments, also stipulated payments ofinterest at 18 percent per annum for any late payment of the subscription fee.

    The distributor says that these channels were duly transmitted to the MSO which re-transmitted them to its consumers/subscribers and LCOs.

    It has been stated by the distributor that prior to the conclusion of the agreement, the MSO was reminded several times to renew the agreement and to clear the arrears. The signals were continued on a request by the MSO even after the expiry of the agreement.

    Thereafter, the distributor first issued notices and then public notices in local newspapers and failing to get any reply, deactivated the signals of TVT on 29 April 2015 and MSM channels on 11 May 2015.

    No one appeared in TDSAT on behalf of the MSO despite notices and the case was heard ex parte.

    The tribunal found there was no documentary evidence to support the averments about public notices in prominent newspapers, nor was there any document to suggest it had pleaded with the MSO to renew the agreement.

    In view of that, the tribunal limited the payment to the period of agreement only, Rs 5,23,459 for supply of MSMsignals  and Rs. 12,714 for supply  of TVT signals  thus totalling Rs 5,36,173 only. 

  • TDSAT to Taj TV: Restore signals to All Digital Network

    TDSAT to Taj TV: Restore signals to All Digital Network

    NEW DELHI: Taj Television India Pvt. Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal to restore the supply of signals to All Digital Network India Ltd with the MSO agreeing it will makes the aggregate payment of five instalments of Rs 86,64,000 each payable by 30 June.

    The supply of signals thus restored, shall continue provided further payments, if any, are made in terms of the schedule, according to the order by chairman Aftab Alam and member B B Srivastava who listed the case for 22 July. The tribunal also recalled its order restraining the petitioner and GTPL from making any withdrawals from their bank accounts.

    Earlier, a payment schedule was submitted before the tribunal on behalf of GTPL which had accepted to pay off the dues of All Digital Network to Taj Television. Under that schedule, five instalments of Rs 86,64,000 each were payable to Taj Television by 30 June with the fourth and fifth instalment falling due on that date.

    But the tribunal was informed on 3 June that neither the GTPL nor All Digital had paid a single instalment under the schedule. Further, it was told that GTPL is also reported to have walked out of the arrangement with All Digital.

    However, All Digital counsel Manikya Khanna told the tribunal that since GTPL was not complying with the commitment given on its behalf, All Digital accepted its liability to pay the dues of Taj TV and it will make payment in terms of the schedule earlier given on behalf of GTPL.

  • TDSAT to Taj TV: Restore signals to All Digital Network

    TDSAT to Taj TV: Restore signals to All Digital Network

    NEW DELHI: Taj Television India Pvt. Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal to restore the supply of signals to All Digital Network India Ltd with the MSO agreeing it will makes the aggregate payment of five instalments of Rs 86,64,000 each payable by 30 June.

    The supply of signals thus restored, shall continue provided further payments, if any, are made in terms of the schedule, according to the order by chairman Aftab Alam and member B B Srivastava who listed the case for 22 July. The tribunal also recalled its order restraining the petitioner and GTPL from making any withdrawals from their bank accounts.

    Earlier, a payment schedule was submitted before the tribunal on behalf of GTPL which had accepted to pay off the dues of All Digital Network to Taj Television. Under that schedule, five instalments of Rs 86,64,000 each were payable to Taj Television by 30 June with the fourth and fifth instalment falling due on that date.

    But the tribunal was informed on 3 June that neither the GTPL nor All Digital had paid a single instalment under the schedule. Further, it was told that GTPL is also reported to have walked out of the arrangement with All Digital.

    However, All Digital counsel Manikya Khanna told the tribunal that since GTPL was not complying with the commitment given on its behalf, All Digital accepted its liability to pay the dues of Taj TV and it will make payment in terms of the schedule earlier given on behalf of GTPL.

  • TDSAT recalls order asking Taj TV to continue signals to UCN Cable

    TDSAT recalls order asking Taj TV to continue signals to UCN Cable

    NEW DEHI: The Telecom Disputes Settlement and Appellate Tribunal has recalled its order of 9 June last year asking Taj Television to continue its signals to UCN Cable Networks Pvt Ltd holding the “view that the petitioner no longer deserves any indulgence by the Tribunal.”

    While passing its interim order last year, the Tribunal had said the multi-satellite operator should deposit a sum of Rs. 1.5 crore within a week and another sum of Rs. 1.5 crorewithin four weeks from the date of the first payment.

    However, the Tribunal in its order on 3 June noted that Taj TV counsel Tejveer Singh Bhatia had now said that the outstanding dues against the MSO now stood at Rs 4.5 crores.

    Noting that no one had appeared for the MSO, the Tribunal also observed the matter had been referred to the Mediation Centre where also “there was no regular appearance on behalf of the petitioner.”

    The Tribnal listed the matter for 28 July but said “In case no one appears for the petitioner on the next date, the petition may be dismissed for non–prosecution without prejudice to any claim of the respondent.”

    The petition by UCN Cable had been filed last year against the disconnection notices but according to the notices by Taj TV, the dues against UCN Cable for DAS and non-DAS areas amounted to Rs 4,40,36,870 as on 20 April 2015. In pursuance of the notices, the respondent had disconnected the supply of its signals to the petitioner on 27 May 2015.

    UCN Cable had also been asked in June last year to pay to Taj TV monthly subscription fees according to the invoices raised by Taj TV and told that in case of default in payment of the installments and / or monthly subscription fees as per the invoices of Taj TV, it will be open to the broadcaster to disconnect the supply of its signals without any further orders from the Tribunal.

    As per information provided on Taj Television’s website, the company distributes a suite of 49 leading television channels belonging to ZEEL, Zee Media Corporation Limited and Turner International India Private Limited.

  • TDSAT recalls order asking Taj TV to continue signals to UCN Cable

    TDSAT recalls order asking Taj TV to continue signals to UCN Cable

    NEW DEHI: The Telecom Disputes Settlement and Appellate Tribunal has recalled its order of 9 June last year asking Taj Television to continue its signals to UCN Cable Networks Pvt Ltd holding the “view that the petitioner no longer deserves any indulgence by the Tribunal.”

    While passing its interim order last year, the Tribunal had said the multi-satellite operator should deposit a sum of Rs. 1.5 crore within a week and another sum of Rs. 1.5 crorewithin four weeks from the date of the first payment.

    However, the Tribunal in its order on 3 June noted that Taj TV counsel Tejveer Singh Bhatia had now said that the outstanding dues against the MSO now stood at Rs 4.5 crores.

    Noting that no one had appeared for the MSO, the Tribunal also observed the matter had been referred to the Mediation Centre where also “there was no regular appearance on behalf of the petitioner.”

    The Tribnal listed the matter for 28 July but said “In case no one appears for the petitioner on the next date, the petition may be dismissed for non–prosecution without prejudice to any claim of the respondent.”

    The petition by UCN Cable had been filed last year against the disconnection notices but according to the notices by Taj TV, the dues against UCN Cable for DAS and non-DAS areas amounted to Rs 4,40,36,870 as on 20 April 2015. In pursuance of the notices, the respondent had disconnected the supply of its signals to the petitioner on 27 May 2015.

    UCN Cable had also been asked in June last year to pay to Taj TV monthly subscription fees according to the invoices raised by Taj TV and told that in case of default in payment of the installments and / or monthly subscription fees as per the invoices of Taj TV, it will be open to the broadcaster to disconnect the supply of its signals without any further orders from the Tribunal.

    As per information provided on Taj Television’s website, the company distributes a suite of 49 leading television channels belonging to ZEEL, Zee Media Corporation Limited and Turner International India Private Limited.

  • MSO number touches 900 including 671 provisional

    MSO number touches 900 including 671 provisional

    NEW DELHI: Even as the total number of multi-system operators has risen to 900 including 671 getting provisional licences, the government has cancelled the permanent licence of one more MSO and the number of permanent licencees (up to ten years) has fallen by one to 229 as on 2 June. Thus, the number of MSOs has risen by 60 since 29 April when it was 840.

    The permanent licence issued to Kable First Davangere Pvt. Ltd. in December last has been canceled as it has surrendered its licence to the Information and Broadcasting ministry.

    In mid-May, Star Broadband Services (India) Pvt. Ltd, which earlier had a permanent licence for distributing signals in Delhi, had been shifted to the provisional category when it applied for pan India distribution. Tanuku Communication Networks of Andhra Pradesh was also moved from permanent to provisional category.

    In the case of God father Communication Pvt. Ltd. of Amritsar, the cancellation of its licence was stayed in July 2014 by the Punjab and Haryana High Court. Similarly, the cancellation of Intermedia Cable Communication Pvt. Ltd. had been stayed by Delhi High Court in December 2013.

    The Information and Broadcasting ministry had cancelled the licences of 27 MSOs and closed their cases by 2 June. In most of the other cases in the list of cancelled registrations, it is because of failure to get security clearance from the Home ministry. However, there are cases of many MSOs holding provisional licences not completing certain formalities relating to shareholders and so on.

    According to the latest list, the area of operation of one MSO has been revised after 24 May. In the week following that, only one MSO, Altimeric Digital Pvt Ltd of Odsisha, has been given pan-India licences. The new registrations include the states of, or specific districts in, Uttar Pradesh, Haryana, Tamil Nadu, Uttarakhand, Rajasthan, Madhya Pradesh, Telangana, Gujarat, Karnataka, Chhatisgarh, and Andhra Pradesh.

    With the Home ministry directive about doing away with security clearances for MSOs not being communicated in writing to the MIB, the pace remains slow.

    The permanent licence issued to Kal Cable of Chennai had been cancelled on 20 August 2014, but this cancellation was set aside by Madras High Court on 5 September the same year. However, Kal Cable’s name continues to be in the cancelled list – presumably because the cases are still pending.