ITV

Tag: TDSAT

  • TDSAT directs Meghbala to pay Rs 1.6 cr to Star India within 1 week

    TDSAT directs Meghbala to pay Rs 1.6 cr to Star India within 1 week

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed Meghbala Cable And Broadband Services Pvt Ltd, in an order dated on 2 September, to pay Rs 1.5 crore to Star India within one week. The cable service provider has been instructed to pay the balance amount of the total outstanding due within a period for further two weeks.

    Star India issued a notice to Meghbala Cable on 13 August disclosing that the latter is required to clear the outstanding dues upto invoiced amount for June aggregating to Rs 2,62,97,810. According to the notice, the cable service provider was supposed to pay the required amount on 3 September.

    Learned counsel for Meghbala Cable has submitted that it has reduced the outstanding dues over a period of three months and hence some more accommodation will enable them to liquidate the entire arrears so that it may start paying the current invoiced amounts in accordance with the agreement and the industrial practice.

    “Evidently, the petitioner (Meghbala Cable ) will be liable to pay the invoiced amount even for subsequent months like July and August, 2019 very soon. Therefore, only a limited accommodation can be granted to the petitioner to clear the outstanding dues covered by the notice. For that purpose, we direct that respondent (Star India) shall not give effect to the impugned notice until further orders if the petitioner pays amount of Rs 1.5 crore within one week from today and the balance amount within a period for further two weeks. We trust that petitioner shall make efforts to pay the future invoiced amount within stipulated time,” TDSAT said in an order on 2 September.

  • Independent TV admits total liabilities of Rs 3.65 cr towards Indiacast

    Independent TV admits total liabilities of Rs 3.65 cr towards Indiacast

    MUMBAI: Troubled DTH operator Independent TV has admitted its total liabilities of Rs 3.65 crore towards Indiacast Media Distribution Pvt Ltd, as per a Telecom Disputes Settlement and Appellate Tribunal (TDSAT) order.

    “Learned counsel for the petitioner submits that notice has been validly served upon respondent and, therefore, prayer for interim relief may be considered today on the basis of contents of Annexure P-14 which, prima facie, shows that respondent has admitted the total liabilities to Rs 3.65 crore,” TDSAT said in the order.

    Prateek Gupta, the advocate on behalf of Independent TV prayed for a short adjournment to seek instructions in respect of interim prayer and to file a reply within two weeks.

    TDSAT has allowed the prayer post the matter for next hearing on 16 September. The order also added that Indiacast may file its rejoinder before the next date.

  • Independent TV’s service remains unavailable due to failure of payment to Antrix

    Independent TV’s service remains unavailable due to failure of payment to Antrix

    MUMBAI: The service of troubled DTH operator Independent TV still remains unavailable as it has neither made the required payment nor furnished the bank guarantee to Antrix Corporation for reconnection of signals.

    The DTH operator’s signals were disconnected by Antrix on 12 June due to non-payment of outstanding dues. While Independent TV had filed an application before the tribunal to direct Antrix to resume supply of signals, TDSAT had directed Independent TV to pay up to Rs 12 crore in order to get signals reconnected by Antrix Corporation.

    The DTH operator was directed by TDSAT to pay Rs 5.83 crore along with a bank guarantee of Rs 6 crore or furnish a bank guarantee of Rs 12 crore valid for at least two months for the restoration of transponder service.

    “Since the petitioner has not been able to make the required payments or furnishing the bank guarantee, as indicated in the last order passed on 2.7.2019, the resumption of supply of signals has not happened. Petitioner should make the payments at the earliest,” TDSAT said in its order on Thursday.

    Moreover, the interim renewal of DTH licence to the operator has been suspended by the Ministry of Information and Broadcasting for the present and would be reconsidered only on the basis of retransmission of channels.

  • SC denies stay on TRAI’s appeal against TDSAT’s landing page order

    SC denies stay on TRAI’s appeal against TDSAT’s landing page order

    MUMBAI: While Telecom Regulatory Authority of India (TRAI) on Thursday filed an appeal in the Supreme Court against Telecom Disputes Settlement and Appellate Tribunal (TDSAT) order on landing pages, the apex court has denied any stay on the order on Friday. The matter has been listed for next hearing on 12 September.

    Justice Arun Mishra and Justice MR Shah issued notices to all the parties while hearing the case between TRAI, and Bennett Coleman and Co and others.

    The sector regulator’s action comes in the wake of TDSAT, by virtue of its 29 May order, setting aside TRAI’s 3 December directive to broadcasters and distribution platform operators (DPOs) to refrain from placing registered television channel, TV rating is released by BARC India, on the landing page or boot up screen.

    According to TRAI, its order was aimed at protecting the interest of service providers and consumers while ensuring orderly growth of the sector. This, however, was successfully challenged by Bennett Coleman & Co and others in TDSAT.

    “In our considered view, the impugned directions are beyond the provisions of the act, which empowers TRAI to issue directions. Therefore, the impugned directions must be set aside on this point alone. We order accordingly,” TDSAT chairperson Justice S K Singh and member AK Bhargava said.

    A series of controversies have been triggered post the landmark TDSAT order that resulted in disruption in viewership measurement of channels with a relatively smaller audience like English news.

  • MIB suspends interim renewal of licence of Independent TV

    MIB suspends interim renewal of licence of Independent TV

    MUMBAI: The Ministry of Information and Broadcasting (MIB) has temporarily suspended the interim renewal of license of DTH operator Independent TV until it resumes transmission. Indiantelevision.com has learnt from sources close to the development that the renewal would be reconsidered only on the basis of retransmission of channels.

    MIB has also directed the troubled DTH operator in a communication to take immediate steps to settle the grievances faced by consumers within a tight time frame and an external audit as well. It has also restricted the soliciting of new customers until retransmission of channels.

    Independent TV abruptly shut its services more than a month ago creating confusion among consumers. As a result of failure of payment to Antrix Corporation directed by Telecom Disputes Settlement and Appellate Tribunal (TDSAT), the  DTH operator’s service is still unavailable. 

    The DTH operator’s signals were disconnected by Antrix on 12 June due to non-payment of outstanding dues. While Independent TV had filed an application before the tribunal to direct Antrix to resume supply of signals, TDSAT had directed Independent TV to pay up to Rs 12 crore in order to get signals reconnected.

  • TRAI files appeal against TDSAT’s landing page judgment in Supreme Court

    TRAI files appeal against TDSAT’s landing page judgment in Supreme Court

    MUMBAI: In a move that can have far-reaching implications for India's broadcasting sector, Telecom Regulatory Authority of India (TRAI) on Thursday filed an appeal in the Supreme Court against Telecom Disputes Settlement and Appellate Tribunal (TDSAT) order on landing pages. A bench headed by HMJ Arun Mishra will hear the matter, listed as item 21, today.

    The sector regulator’s action comes in the wake of TDSAT, by virtue of its 29 May order, setting aside TRAI’s 3 December directive to broadcasters and distribution platform operators (DPOs) to refrain from placing registered television channel, TV rating is released by BARC India, on the landing page or boot up screen.

    According to TRAI, its order was aimed at protecting the interest of service providers and consumers while ensuring orderly growth of the sector. This, however, was successfully challenged by Bennett Coleman & Co. and other in TDSAT.

    “In our considered view, the impugned directions are beyond the provisions of the act, which empowers TRAI to issue directions. Therefore, the impugned directions must be set aside on this point alone. We order accordingly,” TDSAT Chairperson Justice S K Singh and Member AK Bhargava said.

    A series of controversies have been triggered post the landmark TDSAT order that resulted in disruption in viewership measurement of channels with a relatively smaller audience like English news.

    Data for week 22, first since the landing page ruling, saw CNN News 18 upset the English news apple cart to top the chart, followed by Republic TV, Times Now, DD India and India Today Television.

    BARC switched back to its previous methodology from week 23 onward claiming it had received multiple representations from stakeholders and the mandate of its board.

    BARC’s flip-flip with its outlier policy implementation further fueled the landing page row, raising concerns among stakeholders.

    Reacting to stakeholders’ issues, the BARC board gave its nod to form a two-member committee to carry out an independent review of BARC’s data validation and outlier policy.

    With opinion divided within the industry, some broadcasters have also written letters, highlighting the negative impact of landing pages, to TRAI and BARC’s technical committee.

    With the matter now landing up in the top court, industry will be hoping to get more clarity on this very controversial issue.

  • TDSAT allows news channel Kashish Developers to approach TRAI in Tata Sky target area case

    TDSAT allows news channel Kashish Developers to approach TRAI in Tata Sky target area case

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has allowed news channel Kashish Developers Ltd to pursue its representation before the Telecom Regulatory Authority of India (TRAI) regarding the target area of direct-to-home (DTH) operator Tata Sky.

    While the news channel operating mainly in Bihar and Jharkhand has yet not accepted to sign the RIO agreement with Tata Sky as required under the new regulations of 2017, the tribunal contended that there is no challenge to the regulations or to the RIO. According to TDSAT, the main challenge appears to be the wisdom of the TRAI in giving liberty to DTH operators to declare their target areas. 

    Earlier, Kashish Developers’s learned counsel argued that the target area for the petitioner’s news channels should confine to Bihar and Jharkhand otherwise it may lose on account of lack of pan-India penetration. On the other hand, Tata Sky’s learned counsel submitted that being a DTH platform it has no option but to treat the target area even in respect of the petitioner’s channel as a pan-India channel.  

    “In the facts of the case, we are of the considered view that the issues relating to wisdom of the policy can be considered effectively only by the regulator,” the latest order by TDSAT read. Kashish Developers Ltd has already approached TRAI with a representation filed on 29 June.

    “In the aforesaid facts, the petition along with pending MAs is disposed of with liberty to the petitioner to pursue its representation.  It will also be at liberty to file further representation, if required, with a copy of this order.  TRAI is expected to dispose of the representation expeditiously in accordance with law,” the order added.

  • Dish TV pays Star India Rs 55 crore in line with TDSAT order

    Dish TV pays Star India Rs 55 crore in line with TDSAT order

    MUMBAI: Leading direct-to-home (DTH) operator Dish TV paid Star India Rs 55 crore adhering to the Telecom Disputes Settlement and Appellate Tribunal’s (TDSAT) order dated 23 July. The tribunal, in its 29 July order, also noted that Star India has admitted and acknowledged the payment.

    TDSAT had earlier directed Dish TV to pay Rs 55 crore to the broadcaster by 27 July in order to avoid disconnection of signals. Star India issued a disconnection notice against Dish TV on 3 July and also filed a recovery petition in the TDSAT.

    "We had clearly indicated in the last order that further protection to be given to the petitioner against the notice of disconnection will depend upon its commitment to take care of the current outstanding dues of every succeeding month," TDSAT said in its latest order.

    Learned senior counsel for Dish TV also submitted that the company is ready to undertake payment of current invoices as per the agreement. It has also been recorded that the invoices for the month of June has already been raised and is payable by 10 August.

    “Petitioner should pay against that invoices within time. In a similar fashion, the current dues of every succeeding month shall be paid by the petitioner by the due date if it wants to have the interim protection during the pendency of this petition,” the order read.

    While Dish TV wanted to clear the remaining dues of Rs 195 crore in not two but minimum five instalments of Rs 40 crore each, Star India strongly protested against this offer. TDSAT is also of the view that admitted dues should not remain unpaid for such a long time because it is likely to affect the business of the respondent. The tribunal expects the petitioner to clear the outstanding arrears as noted above in approximately equal instalments by the end of this October.

    “By the next date petitioner must show its bonafide by paying Rs 65 crore by end of August towards the liquidation of said arrears.  This is in addition to the payment for the current dues. If the petitioner fulfils this condition and makes the payment within time, the impugned notice shall not be given effect to till the next date,” the order stated. 

    TDSAT posted the matter under the same head to 4 October.

  • TDSAT directs Meghbela Cable to supply details to ZEEL for auditing

    TDSAT directs Meghbela Cable to supply details to ZEEL for auditing

    MUMBAI: Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed multi-system operator (MSO) Meghbela Cable And Broadband Services Pvt Ltd to file an affidavit in the audit dispute with Zee Entertainment Enterprise Ltd (ZEEL). Earlier, ZEEL was allowed to hold a comprehensive audit of respondent’s head-end, SMS and CAS systems without any delay.

    TDSAT has noted that the audit is not making progress because historical data for the relevant period, or what the parties understand as baseline data, is not being supplied by the MSO. The tribunal directed the MSO to make adequate arrangements and preparations and extend full cooperation for the required audit.

    “For that purpose, the MSO has to file an affidavit disclosing the required details before this tribunal within a week. Affidavit should disclose the number of locations and also other relevant particulars,” the latest order read.

    In an earlier hearing, TDSAT directed that the audit should be held by an independent auditor such as KPMG, Ernst and Young where the representatives of both the parties will be entitled to remain present and auditors shall be at liberty to ask for reports from the vendors of the MSO’s systems including SMS and CAS systems.  It was also said that the cost of the audit shall be borne by ZEEL.

    TDSAT also directed to post the matter for reviewing the further progress of audit on 9 August. It also mentioned that the latest order shall also bind the vendors of the MSO.

  • Network18 writes to I&B ministry over BARC’s data validation and outlier policy

    Network18 writes to I&B ministry over BARC’s data validation and outlier policy

    MUMBAI: News broadcasting network Network18 India has shot off a letter to the Information and Broadcasting Ministry (MIB) raising concerns over Broadcast Audience Research Council (BARC) of India’s data validation and outlier policy, Indiantelevision.com has learnt.

    According to those in the know, the network has brought to the ministry’s attention the subjective nature of BARC’s implementation of outlier policy and its impact on TV ratings of channels with a relatively smaller viewership base.

    On its part, BARC has consistently maintained that it cannot identify landing pages. Hence, reliance on manual intervention in weeding out outliers makes the process susceptible to bias is a view held by a section within the industry.

    Indiantelevision.com reached out to Network18 for a comment, the network, however, did not confirm this development.

    BARC’s treatment of landing pages has raised a furore among broadcasters over its approach post TDSAT’s order on landing pages.

    Reacting to stakeholder concerns, the BARC board gave its nod to form a two-member committee to carry out an independent review of BARC’s data validation and outlier policy.

    With opinion divided within the industry, some broadcasters have also written letters, highlighting the negative impact of landing pages, to TRAI and BARC’s technical committee.

    On 28 May 2019, TDSAT set aside TRAI’s 3 December 2018 direction to rule in favour of landing page placement of channels.

    Data for week 22, first since the landing page ruling, saw CNN News 18 upset the English news apple cart to top the chart, followed by Republic TV, Times Now, DD India and India Today Television.

    BARC switched back to its previous methodology from week 23 onward claiming it had received multiple representations from stakeholders and the mandate of its board.

    BARC’s flip-flop with its outlier policy implementation further fuelled the landing page row.

    With the two-member committee now reviewing the policy, industry hopes for a speedy and acceptable resolution.