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Tag: TDSAT

  • TDSAT asks Ortel to adhere to time schedule in payments to IndiaCast, stop piracy

    TDSAT asks Ortel to adhere to time schedule in payments to IndiaCast, stop piracy

    NEW DELHI:Ortel Communications has been asked by the Telecom Disputes Settlement and Appellate Tribunal to adhere to the time schedule for furnishing SMS report to IndiaCast Distribution by the seventh of the succeeding month and will also adhere to the payment schedule for the same.

    Member B B Srivastava In his order of 9 August 2016 also directed that Ortel should file its reply with regards to the allegation of piracy within 10 days and a rejoinder, if any, may be filed within one week thereafter.

    Listing the matter for 1 September, the Tribunal said the matter regarding IRD boxes must be settled, as submitted before the Tribunal, within 10 days.

    IndiaCast counsel Kunal Tandon said a reply in the main petition has been filed and so Ortel was asked to file its rejoinder within two weeks.

    The orders came on a miscellaneous application filed by IndiaCast to restrain Ortel from retransmitting the former’s signals in Jaleswar, Jagatsinghpur, Rambha, Chatrapur and Balugaon in unauthorized and illegal manner, and for directions to Ortel to clear entire outstanding dues to the tune of Rs 4,15,180 for the illegal dissemination of the signals in the areas of Berhampur, Rourkela, Jagatsinghpur, Puri, Jaleswar, Nimapara, Bhadarak Town, Rambha, Chatrapur and Balugaon for the relevant period during which the signals have been illegally and in unauthorized manner and/or continues to be illegally retransmitted by Ortel.

    Tandon made submissions with regard to non-compliance of the direction of the Tribunal regarding payment of May and June 2016 as well as regarding clarification of issues with regard to IRD boxes. He again re-emphasized the issue of piracy by Ortel in areas where they are not permitted to retransmit the signals. However, this issue relating to piracy was disputed by Ortel and assured the payment of the monthly subscription fee for the months of May and June in view of the order of 25 April 2016.

  • TDSAT directs ZEEL not to disconnect signals to MSO until next hearing

    TDSAT directs ZEEL not to disconnect signals to MSO until next hearing

    NEW DEHI: The Telecom Disputes Settlement and Appellate Tribunal has directed Zee Entertainment Enterprise Ltd not to disconnect the signals to Bhaskar Cable Network till next date in view of controversy over amounts due.

    However listing the matter for 29 August 2016, member B B Srivastava clarified that this does not preclude both sides to meet and resolve their disputes including concluding
    a fresh interconnect agreement

    The Tribunal also said the petitioner will continue to make payment pursuant to the agreement which expired on 31 March 2016.

    The notice for disconnection was because of non-payment and non-cooperation for audit, according to ZEEL counsel Upender Thakur.

    At the outset, Bhaskar counsel Navin Chawla drew attention of the Tribunal to the communication from the audit entity “Protivity” in the form of email dated 22 December last whereby it mentions about a “facilitating support” on behalf of the petitioner as well as furnishing all the papers for facilitating audit.

    With regards to outstanding, Chawla claimed that update payment as on 31 July 2016 amounting to Rs 10,35,000 including taxes have been made; besides outstanding amount of Rs 3,15,133 including taxes. This was contested by Thakur and he stuck to the grounds that the outstanding as on date is Rs 24,30,473.

    The matter was adjourned for a short while to enable Thakur to file reply clarifying these two issues. The reply must be filed within one week’s time and a copy shall be provided to the petitioner for filing rejoinder, if any, within one week thereafter.

  • TDSAT directs ZEEL not to disconnect signals to MSO until next hearing

    TDSAT directs ZEEL not to disconnect signals to MSO until next hearing

    NEW DEHI: The Telecom Disputes Settlement and Appellate Tribunal has directed Zee Entertainment Enterprise Ltd not to disconnect the signals to Bhaskar Cable Network till next date in view of controversy over amounts due.

    However listing the matter for 29 August 2016, member B B Srivastava clarified that this does not preclude both sides to meet and resolve their disputes including concluding
    a fresh interconnect agreement

    The Tribunal also said the petitioner will continue to make payment pursuant to the agreement which expired on 31 March 2016.

    The notice for disconnection was because of non-payment and non-cooperation for audit, according to ZEEL counsel Upender Thakur.

    At the outset, Bhaskar counsel Navin Chawla drew attention of the Tribunal to the communication from the audit entity “Protivity” in the form of email dated 22 December last whereby it mentions about a “facilitating support” on behalf of the petitioner as well as furnishing all the papers for facilitating audit.

    With regards to outstanding, Chawla claimed that update payment as on 31 July 2016 amounting to Rs 10,35,000 including taxes have been made; besides outstanding amount of Rs 3,15,133 including taxes. This was contested by Thakur and he stuck to the grounds that the outstanding as on date is Rs 24,30,473.

    The matter was adjourned for a short while to enable Thakur to file reply clarifying these two issues. The reply must be filed within one week’s time and a copy shall be provided to the petitioner for filing rejoinder, if any, within one week thereafter.

  • TDSAT directs Good News rep to come with two drafts totalling Rs 73.75 lakh on next date

    TDSAT directs Good News rep to come with two drafts totalling Rs 73.75 lakh on next date

    NEW DELHI: A representative of Good News India Pvt Ltd has been asked by the Telecom Disputes Settlement and Appellate Tribunal to be present before the Tribunal on 17 August 2016 in two different cases with bank drafts totaling Rs 73.75 lakh.

    Member B B Srivastava was informed by Good News counsel Ms Radhika Gupta that onaccount of grave personal difficulty,Mr Ashwini Thakur was not in a position to travel toDelhi on 8 August 2016 to be present before the Tribunal.

    However, the Tribunal noticed that no bank draft for the amount of Rs. Rs.58,75,000 in the case against Taj Television and Media Pro, and Rs 15 lakh in the case of MediaNetwork & Distribution India Ltd, had been produced before the Tribunal.

    The matter was therefore adjourned in both cases with clear instructions on bank drafts, failingwh1ch the Tribunal would pass appropriate orders.

  • TDSAT directs Good News rep to come with two drafts totalling Rs 73.75 lakh on next date

    TDSAT directs Good News rep to come with two drafts totalling Rs 73.75 lakh on next date

    NEW DELHI: A representative of Good News India Pvt Ltd has been asked by the Telecom Disputes Settlement and Appellate Tribunal to be present before the Tribunal on 17 August 2016 in two different cases with bank drafts totaling Rs 73.75 lakh.

    Member B B Srivastava was informed by Good News counsel Ms Radhika Gupta that onaccount of grave personal difficulty,Mr Ashwini Thakur was not in a position to travel toDelhi on 8 August 2016 to be present before the Tribunal.

    However, the Tribunal noticed that no bank draft for the amount of Rs. Rs.58,75,000 in the case against Taj Television and Media Pro, and Rs 15 lakh in the case of MediaNetwork & Distribution India Ltd, had been produced before the Tribunal.

    The matter was therefore adjourned in both cases with clear instructions on bank drafts, failingwh1ch the Tribunal would pass appropriate orders.

  • TDSAT asks MSO to pay Rs 6 lakh and reconcile accounts with Indiacast UTV

    TDSAT asks MSO to pay Rs 6 lakh and reconcile accounts with Indiacast UTV

    NEW DELHI: Vishal Cable Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay Rs six lakh in two installments to lndiacast UTV Media Distribution Pvt.Ltd by 5 August 2016.

    In his order on 28 July 2016, member B B Srivastava had said the first installment of Rs three lakh would be paid immediately and the next Rs three lakh by % August 2016, by which date the two sides should meet and reconcile their accounts.

    Indiacast Counsel Kunal Tandon told the Tribunal that the signals had been disconnected on 15 June 2016 and the arrears had mounted to Rs 9,12•,935.

    Fixing the matter for 30 August 2016, the Tribunal said The respondent is also directed toundertake audit of the system of the petitioner and complete it by the next date fixed.

    Earlier, Vishal Cable counsel Vikram Singh submiteds he did not appear on 3 Jue 2016 as no notice was given by the Registry due to inadvertence. As a result, the Tribunal had recalled theinterim protection granted to the petitioner by the order of 19 August last year.

  • TDSAT asks MSO to pay Rs 6 lakh and reconcile accounts with Indiacast UTV

    TDSAT asks MSO to pay Rs 6 lakh and reconcile accounts with Indiacast UTV

    NEW DELHI: Vishal Cable Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay Rs six lakh in two installments to lndiacast UTV Media Distribution Pvt.Ltd by 5 August 2016.

    In his order on 28 July 2016, member B B Srivastava had said the first installment of Rs three lakh would be paid immediately and the next Rs three lakh by % August 2016, by which date the two sides should meet and reconcile their accounts.

    Indiacast Counsel Kunal Tandon told the Tribunal that the signals had been disconnected on 15 June 2016 and the arrears had mounted to Rs 9,12•,935.

    Fixing the matter for 30 August 2016, the Tribunal said The respondent is also directed toundertake audit of the system of the petitioner and complete it by the next date fixed.

    Earlier, Vishal Cable counsel Vikram Singh submiteds he did not appear on 3 Jue 2016 as no notice was given by the Registry due to inadvertence. As a result, the Tribunal had recalled theinterim protection granted to the petitioner by the order of 19 August last year.

  • 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 Star India to reconnect signals to Ortel on receipt of half of due amount

    TDSAT directs Star India to reconnect signals to Ortel on receipt of half of due amount

    NEW DELHI: Star India was directed by the Telecom Disputes Settlement and Appellate Tribunal to reconnect the signals to Ortel Communications within 24 hours as Ortel counsel gave cheques for Rs 3,34,93,967 to Star India counsel Rajsekhar Rao.

    The petition had been filed against disconnection of signals by Star with effect from 2 July 2016 in view of various notices issued under relevant regulations for both DAS and non-DAS areas.

    In his order, member B B Srivastava on 11 July 2016 said Ortel was desirous to have the interconnect agreement renewed but on RIO terms of Star.

    The cheques submitted were for 50% of the outstanding amount till June 2016 (Rs 6,77,71,172). The balance amount of Rs.342,77,205 as well as the installment agreed to be paid by 31 July 2016, will be paid by 25 July 2016 and 31 July 2016 respectively. The petitioner would a lso adhere to the payment schedule as agreed to earlier.

    The petitioner’s desire to have a fresh agreement on RIO basis for DAS areas would be on the basis of RIO and for non-DAS areas, the two sides will negotiate and sign an appropriate interconnect agreement as per TRAI Regulations within two weeks.

    In the meanwhile, the terms and conditions of the old agreement would continue to govern the relationship between the petitioner and the respondent and the petitioner will abide by the payment schedule and other terms of the previous agreement.

    Ortel meanwhile denied any charges of piracy for which FIRs had been lodged.

    Earlier, the petitioner had come before the Tribunal against these notices and when the matter was taken up on 27 May 2016, the petitioner submitted that the parties had arrived at an agreement and therefore, it withdrew the petition.

    The mutual agreement arrived at between the parties had been documented in the form of emails dated 26 May 2016 and a communication to the petitioner on 17 June 2016.

    However, the matter came up again in view of the amount of Rs 6,77,71,172 of which half was paid by chequest which the Bank refused to accept as there was “stop payment” instructions by the petitioner to the bank in view of the disconnection.

    (Updated on 20 July 2016 6:25 pm)