Tag: Sun Distribution Services

  • TDSAT gives final opportunity to MSO to resolve disputes, clear payments to Star, Sun

    TDSAT gives final opportunity to MSO to resolve disputes, clear payments to Star, Sun

    NEW DELHI: City Digital Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal ‘by way of last indulgence’ to pay the second instalment of Rs 2.5 lakh to Star India by 26 July 2016.

    While directing Star India to reconnect the signals to the MSO, member B B Srivastava had on 22 June 2016 directed it to clear payment to Star India in two instalments.

    Listing the matter for 29 August, the Tribunal on 20 July 2016 said the broadcaster would be at liberty to disconnect the signals if the MSO still defaulted.

    The signals to the MSO were to be restored on payment of the first instalment of Rs one lakh by 24 June 2016.

    Star India Counsel Saurabh Srivastava told the Tribunal that the second instalment of Rs 2.5 lakh had not been cleared but the signals were being continued as the Tribunal had not given the liberty to disconnect in the event of non-payment and so the MSO continued to enjoy the signals.

    In the order of 22 June 2016, the Tribunal had also directed the parties to meet at a mutually convenient date to resolve differences and work on a new interconnect agreement.

    Meanwhile in another matter, Sun Distribution Services Pvt Ltd informed the Tribunal that City Digital Network had not cleared fifty per cent of the amount due at the time of disconnection despite the orders of the Tribunal.

    While permitting Sun to file its rejoinder, the Tribunal clarified that this order did not preclude the two sides from coming to the negotiating table.

    The matter was thereafter listed for 19 August 2016.

  • TDSAT gives final opportunity to MSO to resolve disputes, clear payments to Star, Sun

    TDSAT gives final opportunity to MSO to resolve disputes, clear payments to Star, Sun

    NEW DELHI: City Digital Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal ‘by way of last indulgence’ to pay the second instalment of Rs 2.5 lakh to Star India by 26 July 2016.

    While directing Star India to reconnect the signals to the MSO, member B B Srivastava had on 22 June 2016 directed it to clear payment to Star India in two instalments.

    Listing the matter for 29 August, the Tribunal on 20 July 2016 said the broadcaster would be at liberty to disconnect the signals if the MSO still defaulted.

    The signals to the MSO were to be restored on payment of the first instalment of Rs one lakh by 24 June 2016.

    Star India Counsel Saurabh Srivastava told the Tribunal that the second instalment of Rs 2.5 lakh had not been cleared but the signals were being continued as the Tribunal had not given the liberty to disconnect in the event of non-payment and so the MSO continued to enjoy the signals.

    In the order of 22 June 2016, the Tribunal had also directed the parties to meet at a mutually convenient date to resolve differences and work on a new interconnect agreement.

    Meanwhile in another matter, Sun Distribution Services Pvt Ltd informed the Tribunal that City Digital Network had not cleared fifty per cent of the amount due at the time of disconnection despite the orders of the Tribunal.

    While permitting Sun to file its rejoinder, the Tribunal clarified that this order did not preclude the two sides from coming to the negotiating table.

    The matter was thereafter listed for 19 August 2016.

  • TDSAT directs four broadcasters to sign pact & give signals to Chirala LCO

    TDSAT directs four broadcasters to sign pact & give signals to Chirala LCO

    NEW DELHI: Four broadcasters namely Eenadu Television, Maa TV, Sun Distribution Services and Taj TV have been directed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to enter into interconnect agreements with Chirala Cable Network for retransmission of their respective signals in 14 panchayats.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava gave the directive after examining a survey report submitted by the Advocate Commissioner Tushar Singh who had been appointed on 1 December last by the Tribunal to go to the rural areas around Chirala town and conduct a survey.

     

    According to the survey, the cable network has 2150 households in the area, the Advocate Commissioner had visited 10 houses in each of the rural areas listed by the network as his subscribers and also 10 others not in the list and found that even among those not in the list, there were four or five of the 150 houses visited by him who were receiving signals from the network as well as other local cable operator. Thus, the Tribunal raised the SLR figure by 2.5 per cent.

       

    The broadcasters were directed to execute the agreement not later than two weeks and to supply their signals to the network immediately thereafter. 

     

    Disposing of the four petitions by Chirala Cable Network, the Tribunal made clear that any variation in the SLR during the period of the agreement may take place only as provided under the Regulations. 

     

    The Tribunal accepted the report of 7 January, which showed that the network had the connectivity of 2081 as claimed by the network, apart from those not listed by it.

     

    The detailed survey report submitted by Singh, which the Tribunal said was made properly and reflects the true position, thus confirms the petitioner’s assertion that it has the connectivity of 2081 connections in the 14 panchayats. 

     

    “If we take into account the five houses not mentioned in the petitioner’s SLR that were receiving the petitioner’s signals, the SLR submitted by the petitioner may be increased by 2.5 per cent. We direct that the petitioner’s SLR be taken as 2150.”

     

    The Advocate Commissioner was directed to give copies of the expense account to the counsel representing four broadcasters who will to make proportionate payments to petitioner’s counsel B S Sai or the client within 10 days.

  • MSOs Sun & Prabhu Cable resolve dispute on allegations of piracy

    MSOs Sun & Prabhu Cable resolve dispute on allegations of piracy

    NEW DELHI: Sun Distribution Services Pvt Ltd has informed the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it will not take any steps against Prabhu Cable Network on allegations of piracy.

     

    Both multi system operators (MSOs) also informed the Tribunal that they had agreed to treat the provisional interconnect agreement agreed into at the instance of the Tribunal as a final agreement.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava accordingly treated the petition by Prabhu Cable Network as withdrawn.

     

    The Tribunal by orders of 6 July and 4 August had directed Sun Distribution to enter into the provisional interconnect agreement with the petitioner and to supply its signals to it until final disposal of the matter.

     

    During the pendency of the matter, the parties have come to terms and Sun said it was willing to treat the provisional interconnect agreement as the final agreement.

  • Sun Distribution & Andhra MSO to mutually examine LCO subscriber base

    Sun Distribution & Andhra MSO to mutually examine LCO subscriber base

    NEW DELHI: Multi system operators (MSOs) Sun Distribution Services and Andhra Pradesh’s Vaji Digital Network will jointly examine the latter’s local cable operator (LCO) subscriber base before the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) examines the issues between them.

     

    Both parties have informed the Tribunal that they decided on a joint inspection in a mutual meeting last week.

     

    The two MSOs also entered into an interim provisional agreement in connection with the signals.

     

    Listing the matter for 22 September, TDSAT said that it had framed issues in this matter on 18 August and directed Vaji to file its affidavit in evidence within three weeks time.    

     

    Earlier in May, Sun was directed by the Tribunal to enter into interim and provisional interconnect agreements to supply signals to Vaji Digital Network in Rajahmundry, which is not a Digital Addressable System (DAS) area. 

  • TDSAT pulls up MSO for demanding advance subscription as pre-condition to give signals to LCO

    TDSAT pulls up MSO for demanding advance subscription as pre-condition to give signals to LCO

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has asked Sun Distribution Services to show cause as to why action should not be taken against it for denying signals to local cable operator (LCO) Prabhu Cable Network despite the Tribunal’s orders.

     

    Listing the matter for 2 September, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said action was liable under Section 20 of the Telecom Regulatory Authority of India (TRAI) Act.

     

    On 6 July as well as on 4 August, TDSAT had asked Sun to give the signals but the company had failed to do so.

     

    The stand taken by Sun is that the areas covered by the LCO are presently in a non-digital addressable system (DAS) area and would come under the DAS ambit from 1 January, 2016. In view of this, the present arrangement would continue only for four and half months and Sun agreed to give signals on condition that the LCO pay the subscription fee up to 31 December in advance at the time of execution of the agreement. 

     

    The Tribunal felt that “asking for subscription fee for four and a half months as the condition for giving signals clearly amounts to flouting the orders of the Tribunal.”

     

    “Besides the condition being wholly unreasonable, it is also in contravention of the Interconnect Regulations,” the Tribunal added. 

     

  • Sun to resume distribution of Ortel signals in Vishakapatnam; subject to payment clearance

    Sun to resume distribution of Ortel signals in Vishakapatnam; subject to payment clearance

    NEW DELHI: Sun Distribution Services Pvt. Ltd has been directed to resume the supply of its signals to Ortel Communications Ltd and will also execute the interconnect agreement within one week from that date.

     

    Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) chairman Justice Aftab Alam and member Kuldip Singh also held that Ortel will pay to Sun the payment of Rs 33,89,910 plus Rs 4,22,976 within 24 hours.

     

    In addition to the payments, Ortel will also give to Sun the certificate showing the deduction of taxes.

     

    However, TDSAT made it clear that the payment of Rs 4,22,976 will be subject to the Tribunal’s decision on the Telecom Regulatory Authority of India’s tariff order relating to inflationary increase, which is currently pending hearing before TDSAT.

     

    Based on a table presented to the Tribunal by Ortel, the admitted dues are Rs 33,89,910 and the difference between the admitted amount and the dues claimed by the respondent is thus Rs 9,42,148.

     

    Ortel’s counsel Samir Sagar Vashistha, who presented the table, explained that this included the sum of Rs 5,18,925 as the amount of taxes deducted at source and the actual dispute is only with respect to the sum of Rs 4,22,976. 

     

    He assured that Ortel will confine its operation within the area of Vishakhapatnam.

     

    Sun counsel A.S. Dugal said the sum of Rs 4,222,976 represented the inflationary increase of 15 per cent allowed by the TRAI’s tariff order.

     

    Vashistha stated that Ortel was willing to pay the sum of Rs 33,89,910 and also give to the respondent the certificate showing deduction of taxes amounting to Rs 5,18,925. In addition, it will also pay Rs 4,22,976 subject to the Tribunal’s decision on the tariff order in question. 

     

    Dugal said the offer was quite fair and the respondent was willing to accept it.

  • TDSAT wants to know who maintains monthly log of activation of a channel

    TDSAT wants to know who maintains monthly log of activation of a channel

    NEW DELHI: Who is meant to maintain the monthly log of the activations of a particular channel: the multi system operator (MSO) or manufacturer, vendor or the supplier of the system?

     
    The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked the Telecom Regulatory Authority of India (TRAI) and the Broadcast Engineering Consultants India Limited (BECIL) for certain clarifications on the role of a MSO in the matter of maintaining monthly log of the activations of a particular channel.

     
    Listing the matter for 1 December, chairman justice Aftab Alam and member Kuldip Singh said BECIL will also clarify its finding on the point as to whether the system was not capable of generating the monthly log of activations on a particular channel or on a particular package or the system was not capable to do so without the matter being referred to its provider, that is to say, its manufacturer or supplier.

     
    The issue arose in a case of Den Networks against Sun Distribution Services wherein BECIL had carried out an audit of Den and given a report.

     
    Den submitted that though the provision of monthly log of the activations on a particular channel or on a particular package is indeed an obligation of the MSO, the use of the word ‘system provider’ makes it clear that the capability to provide monthly log of the activations on a particular channel or on a particular package should only lie with the manufacturer, vendor or the supplier of the system and the petitioner, which is an MSO, using the system can only obtain it from its vendor or ‘supplier’ of the system.

     
    TDSAT did not accept this submission and said, “Normally, the system in use in the hands of the MSO should itself be capable of providing monthly log of the activations on a particular channel or on the particular package without the matter being referred every time to the vendor, manufacturer or the supplier of the system.”

     
    The comments from TRAI and BECIL should reach the TDSAT within two weeks from the date of receipt of a copy of the order.

     

  • Stakeholders have until next week for TRAI consultation paper

    Stakeholders have until next week for TRAI consultation paper

    MUMBAI: It was early this month that the Telecom Regulatory Authority of India (TRAI) sent out a consultation paper which if implemented will reduce the aggregators’ importance in a digitised cable TV environment. The stakeholders: broadcasters, aggregators and MSOs, who had been asked to file their responses today, have now been granted an extension till 3 September.

    Confirming the extension, IBF secretary general Shailesh Shah says, “All our members thought that there should be a foolproof plan before going any forward. So we suggested TRAI to extend the date to have thoughtful and insightful responses.”

    The aggregators who are still working on the responses will be sending out the response first through an email. Subsequently, an Open House Discussion (OHD) on the issues dealt with in the consultation paper, will be held at Delhi on12 September. The date, time and venue for the same will be intimated separately.

    The aggregators have welcomed the extension. “We had more or less completed the responses, but the extension will only give us more time to prepare ourselves better,” says The One Alliance president Rajesh Kaul.

    The consultation paper issued on 6 August attempts to regulate the distribution of television channels from broadcaster to platform operators and discipline the distributors (aggregators). The paper involves amendments to the Tariff and Interconnection orders, and Register of Interconnect Regulations.

    The essence of the paper was to clip the immense clout that the four main aggregators MediaPro Enterprises (distributes 75 channels), IndiaCast UTV Media Distribution (distributes 35 channels), Sun Distribution Services and MSM Discovery (distributing 30 channels each) have on the TV ecosystem in India.

    The aggregators who feel that the regulator has been mislead by the MSOs have got one more week to present their case better. Though, IBF stresses on 3 September deadline being the final date with no further extensions, we wonder if this common norm will see another extension.