ITV

Tag: Sun Distribution

  • TDSAT rules in favour of broadcaster against MSO

    TDSAT rules in favour of broadcaster against MSO

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has reiterated that failure to collect fees from subscribers is not sufficient ground for any multi-system operator or distributor for non-payment of earlier dues or monthly subscription to a broadcaster.

    Member B B Srivastava agreed with an earlier TDSAT order on 6 October 2014 quoted by Taj TV counsel Upender Thakur which is the respondent in the petition filed by Manthan Broadband Service Pvt Ltd.

    The Tribunal in Petition No. 144(C) of 2014 (Sun Distribution Services Pvt. Ltd. vs Digicable Network (lndia) Pvt Ltd.) had observed:

    “To my mind, the failure to collect from the ground is not a sufficient justification for not making payment to the broadcaster its earlier dues and the current monthly license fees in time.”

    After hearing counsel for both sides, TDSAT extended by 10 days the time given to Manthan to clear its dues to Taj TV ‘by way of one time indulgence.’

    Also read:   VXL and linked LCOs barred from receiving signals from any other MSO

    Also read:   TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

  • TDSAT rules in favour of broadcaster against MSO

    TDSAT rules in favour of broadcaster against MSO

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has reiterated that failure to collect fees from subscribers is not sufficient ground for any multi-system operator or distributor for non-payment of earlier dues or monthly subscription to a broadcaster.

    Member B B Srivastava agreed with an earlier TDSAT order on 6 October 2014 quoted by Taj TV counsel Upender Thakur which is the respondent in the petition filed by Manthan Broadband Service Pvt Ltd.

    The Tribunal in Petition No. 144(C) of 2014 (Sun Distribution Services Pvt. Ltd. vs Digicable Network (lndia) Pvt Ltd.) had observed:

    “To my mind, the failure to collect from the ground is not a sufficient justification for not making payment to the broadcaster its earlier dues and the current monthly license fees in time.”

    After hearing counsel for both sides, TDSAT extended by 10 days the time given to Manthan to clear its dues to Taj TV ‘by way of one time indulgence.’

    Also read:   VXL and linked LCOs barred from receiving signals from any other MSO

    Also read:   TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

  • BECIL directed by TDSAT to conduct fresh audit of Mumbai MSO in its petition against Sun Networks

    BECIL directed by TDSAT to conduct fresh audit of Mumbai MSO in its petition against Sun Networks

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has directed a fresh audit of the systems of JPR Channel, Mumbai, by the Broadcast Engineering Consultants (India) Ltd – BECIL – to check whether or not the system was compliant with the norms prescribed by Telecom Regulatory Authority of India.

    BECIL had earlier done an audit and JPR Channel counsel J K Mehta claimed that the auditors’ report was “incomplete and only a draft report. Its findings are misconceived and whatever findings are recorded there can be fully explained.”

    Sun Distribution Services Pvt. Ltd. Chennai counsel Abhishek Malhotra said the auditor’s report had found very serious anomalies in the working of the petitioner’s system. Malhotra added that BECIL has already audited the petitioner’s system and found it non compliant with the statutory norms in a report of 26 February.

    Describing the natter as a serious dispute, Chairman Aftab Alam and member B B Srivastava said that BECI should conduct a thorough audit of the petitioner’s system and to submit its report. If desired, BECIL shall allow a representative of Sun to be present at the time of the audit.

    The Tribunal hoped and expected that BECIL would submit its report within three weeks from the date of receipt of a copy of its order. The audit fee will be initially paid by the the MSO but depending upon the report, it may be suitably apportioned or Sun itself may be held liable to pay the entire fee. The Tribunal listed the matter for 10 May.

  • BECIL directed by TDSAT to conduct fresh audit of Mumbai MSO in its petition against Sun Networks

    BECIL directed by TDSAT to conduct fresh audit of Mumbai MSO in its petition against Sun Networks

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has directed a fresh audit of the systems of JPR Channel, Mumbai, by the Broadcast Engineering Consultants (India) Ltd – BECIL – to check whether or not the system was compliant with the norms prescribed by Telecom Regulatory Authority of India.

    BECIL had earlier done an audit and JPR Channel counsel J K Mehta claimed that the auditors’ report was “incomplete and only a draft report. Its findings are misconceived and whatever findings are recorded there can be fully explained.”

    Sun Distribution Services Pvt. Ltd. Chennai counsel Abhishek Malhotra said the auditor’s report had found very serious anomalies in the working of the petitioner’s system. Malhotra added that BECIL has already audited the petitioner’s system and found it non compliant with the statutory norms in a report of 26 February.

    Describing the natter as a serious dispute, Chairman Aftab Alam and member B B Srivastava said that BECI should conduct a thorough audit of the petitioner’s system and to submit its report. If desired, BECIL shall allow a representative of Sun to be present at the time of the audit.

    The Tribunal hoped and expected that BECIL would submit its report within three weeks from the date of receipt of a copy of its order. The audit fee will be initially paid by the the MSO but depending upon the report, it may be suitably apportioned or Sun itself may be held liable to pay the entire fee. The Tribunal listed the matter for 10 May.

  • TDSAT directs Sun Distribution & Hathway to resolve disputes with LCOs

    TDSAT directs Sun Distribution & Hathway to resolve disputes with LCOs

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed Sun Distribution Services Pvt. Ltd to restore its signals to local cable operator (LCO) CK Cable Network Pvt. Ltd on receipt of a payment of Rs 12.5 lakh.

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said, “Needless to say that the payment would be on-account and without prejudice to the rights and contentions of the two sides.”

    Listing the matter for 22 February, the Tribunal permitted Sun to file its reply by the end of this week.

    In another order, Hathway Cable & Datacom Ltd was directed to execute an interconnect agreement with Sri Sai Communications, Hyderabad by mid-February.

    Listing the matter for 22 February, the Tribunal said the parties may settle the commercial terms on the basis of mutual negotiations, otherwise, the relationship will be on the basis of the relevant provisions in the Regulations and the tariff orders.

    Following the execution of the agreement, the respondent shall supply STBs to Sri Sai Communications against duly filled customer acquisition forms (CAFs) submitted by the LCO. Invoices will be raised on the basis of the number of active STBs as reflected in Hathway’s subscriber management system.

  • TDSAT directs Sun Distribution & Hathway to resolve disputes with LCOs

    TDSAT directs Sun Distribution & Hathway to resolve disputes with LCOs

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed Sun Distribution Services Pvt. Ltd to restore its signals to local cable operator (LCO) CK Cable Network Pvt. Ltd on receipt of a payment of Rs 12.5 lakh.

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said, “Needless to say that the payment would be on-account and without prejudice to the rights and contentions of the two sides.”

    Listing the matter for 22 February, the Tribunal permitted Sun to file its reply by the end of this week.

    In another order, Hathway Cable & Datacom Ltd was directed to execute an interconnect agreement with Sri Sai Communications, Hyderabad by mid-February.

    Listing the matter for 22 February, the Tribunal said the parties may settle the commercial terms on the basis of mutual negotiations, otherwise, the relationship will be on the basis of the relevant provisions in the Regulations and the tariff orders.

    Following the execution of the agreement, the respondent shall supply STBs to Sri Sai Communications against duly filled customer acquisition forms (CAFs) submitted by the LCO. Invoices will be raised on the basis of the number of active STBs as reflected in Hathway’s subscriber management system.

  • TDSAT asks Sun Distribution to sign new interconnect agreement with Vision Digital Cable

    TDSAT asks Sun Distribution to sign new interconnect agreement with Vision Digital Cable

    NEW DELHI: Vision Digital Cable and Sun Distribution Services Pvt Ltd have been permitted by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to execute a fresh interconnect agreement adding 273 subscribers to the existing 1612 subscribers of Vision Digital Cable.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava also accepted the plea that 57 subscribers whose premises were found locked during a joint survey by the parties should be included in the list of subscribers.

     

    The joint survey, which had been carried out following orders of the Tribunal earlier, shows that Vision Digital has 216 subscribers, of which 168 are receiving signals apart from Vision Digital from some other local cable operator as well. Forty-eight subscribers out of 216 are receiving their signals solely from the petitioner. 

     

    The Tribunal made it clear that Vision Digital will not add to its number of subscribers without giving prior intimation to Sun Distribution and getting its consent in writing. 

     

    In case Vision Digital makes the request for any addition to its subscriber base, Sun Distribution must respond within two weeks from the date of receipt of the request, after making verification, if any, desired by it. 

     

    In case Sun Distribution does not accede to the request of Vision Digital for adding of subscribers to its existing base, it will give reasons for not accepting the request.

  • TDSAT gives Sun Distribution nod to cut Digicable signals in case of non-payment

    TDSAT gives Sun Distribution nod to cut Digicable signals in case of non-payment

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has given Chennai’s Sun Distribution Services permission to disconnect the signals to Digicable Network (India), Andhra Pradesh if it fails to pay the Rs 26 lakh of monthly installment and monthly licence fee for August within a week.

     

    The order by TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava was given after being informed that Digicable had paid the fee upto July in accordance with an earlier order of the Tribunal.

     

    The amount of Rs 26 lakh comprises the monthly installment of Rs 19 lakh and the monthly license fees of Rs 7 lakh.

     

    However, the Tribunal made it clear that as and when Digicable clears the dues and makes up-to-date payment of monthly installment as well as monthly licence fee in terms of the interim order passed on 6 May, Sun Distribution should resume the supply of its signals to the respondent.

     

    The Tribunal noted that Digicable had made the payments up to July “with great difficulty and after seeking repeated adjournments.”

     

    Digicable had told the Tribunal that it would pay the monthly licence fee by 15 September and instalment by September. 

     

    The Tribunal said, “From the conduct of the respondent, as would appear from the previous orders passed in this case, we are satisfied that it does not deserve any further indulgence of the kind” sought by Digicable.

  • TDSAT asks BECIL to include Sun Distribution issues in Digicable audit

    TDSAT asks BECIL to include Sun Distribution issues in Digicable audit

    NEW DELHI: The Broadcast Engineering Consultants (India) Ltd, which had earlier been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to conduct an audit of Digicable Network in a case filed against IndiaCast, has now been asked to include issues relating to Sun Distribution Services in its audit.

     

    Earlier on 26 May, Sun had been denied permission to carry out an audit of Digicable on an objection raised by Digicable.

     

    However, in a separate order on 29 May, TDSAT had directed BECIL to carry out an audit in a case filed by Digicable against IndiaCast.

     

    The order by TDSAT chairman Aftab Alam and member Kuldip Singh today came on a miscellaneous application by Sun that BECIL may also address the apprehensions and suspicions of the Sun Distribution as regards the technical system of Digicable Network.

     

    The Tribunal said it found the request reasonable and directed that it would be open to having Sun Distribution Services’ representative present at the time of the audit of the Digicable’s system by BECIL.

     

    In case BECIL withholds the audit on the ground that it may damage the systems of Digicable Network, it would ensure that the data from the Subscriber Management System systems concerning Sun Distribution also may not be manipulated to give any false reports in future.

     

    On 26 May, Digicable had urged TDSAT not to allow Sun to undertake its audit on 24 July on the ground that the respondent was currently engaged in the replacement of its SMS.

     

    In the order of 29 May, BECIL had been asked to check and confirm whether Digicable’s Conditional Access System (CAS) and Subscriber Management System at its different headends are properly integrated and correctly and truly reflect its subscriber base. BECIL had also been asked to record the number of subscribers at the different DAS head-ends. BECIL was asked to conduct the technical audit of Digicable’s local areas with a view to find out whether there are any parallel systems running.

     

    Meanwhile in another case, Sun Distribution was asked not to disconnect the signals to Subodhaya Communications Pvt. Ltd. provided Subodhaya made payment of the amount mentioned in the notice as dues (Rs 8,98,544) within 10 days from today.

     

    Apart from the payment of dues, the petitioner shall continue to make payment of the monthly subscription fees on the basis of invoices raised by the respondent.

     

    Listing the matter for 14 July, the vacation bench of TDSAT said the payments would be without prejudice to the rights and contentions of the parties.