ITV

Tag: TDSAT

  • Taj TV directed by TDSAT to enter into interim agreement with Asianet subject to final judgment

    Taj TV directed by TDSAT to enter into interim agreement with Asianet subject to final judgment

    New Delhi, 21 March: The Telecom Disputes Settlement and Appellate Tribunal has directed Taj TV to enter into an interconnect agreement with Asianet Satellite Communications Ltd for Telengana and Andhra Pradesh as an interim measure and without prejudice to Asianet’s rights.
     
    The directive came after Asianet counsel Shirin Khajuria said that her client was ready for such an agreement on Taj TV’s RIO terms.
     
    Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said “there cannot be any objection to such a request”.
     
    The Tribunal said that Asianet’s representative will visit the Bangalore office of Taj TV and the latter was asked to ensure that the agreement is executed on the same day and following the execution of the agreement the signals are supplied without any undue delay.  
     
    The interim arrangement under which the RIO agreement is directed to be executed between the parties shall abide by the final result of the case.
     
    Taj TV was directed to file the reply and the matter was listed for further hearing on 30 March.
  • TDSAT accepts GTPL and Taj TV payment schedule; distributor warned of consequences of breach

    TDSAT accepts GTPL and Taj TV payment schedule; distributor warned of consequences of breach

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has accepted a payment schedule between GTPL and Taj Television for dues for eight months.The dues were for the period 1 August 2015 to 31 March 2016.

    However, Chairman Aftab Alam and members Kuldip Singh and B B Srivastava made clear that any breach in payment by GTPL, apart from any other consequences, would make GTPL liable to be proceeded for contempt in terms of section 21 of the TRAI Act. GTPL Counsel Nasir Husain also agreed to give post-dated cheques to Taj TV. The Tribunal said that the application stood disposed off on these terms.

  • TDSAT accepts GTPL and Taj TV payment schedule; distributor warned of consequences of breach

    TDSAT accepts GTPL and Taj TV payment schedule; distributor warned of consequences of breach

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has accepted a payment schedule between GTPL and Taj Television for dues for eight months.The dues were for the period 1 August 2015 to 31 March 2016.

    However, Chairman Aftab Alam and members Kuldip Singh and B B Srivastava made clear that any breach in payment by GTPL, apart from any other consequences, would make GTPL liable to be proceeded for contempt in terms of section 21 of the TRAI Act. GTPL Counsel Nasir Husain also agreed to give post-dated cheques to Taj TV. The Tribunal said that the application stood disposed off on these terms.

  • TRAI permits flexibility in interconnect agreements without dilution of model agreement

    TRAI permits flexibility in interconnect agreements without dilution of model agreement

    New Delhi: In view of several disputes in TDSAT and various high courts on the issue, the Telecom Regulatory Authority of India has prescribed formats of the Model Interconnection Agreement (MIA) and Standard Interconnection Agreement (SIA) to be signed between the multisystem operator and the local cable operator for provisioning of cable TV services through the Digital Addressable Systems (DAS)

    The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Seventh Amendment) Regulations 2016 issued yesterday said MSO and LCO may enter into an interconnection agreement on lines of the MIA, or by signing the agreement strictly in terms of the SIA. Even as flexibility has been allowed on some issues, it has been mandated that the parties shall ensure that no such agreement will have the effect of diluting any of the conditions laid down in the MIA. 

    If the parties decide to enter into interconnection agreement on the terms of SIA, no addition, alteration and deletion of the clauses provided therein is allowed. They have the flexibility to modify clauses 10, 11 and 12 of the MIA through mutual agreement without altering or deleting any other clause of MIA. They also have a freedom to add additional clauses through mutual agreement to the MIA for stipulating any additional conditions.

    In a press release, the Authority said it was of the view that “the prescription of formats of MIA and SIA will pave the way for growth of the sector, result in reduction of disputes between the MSOs and LCOs, provide level playing field to the parties and increase healthy competition in the sector which ultimately will help in better quality of services to the subscribers.”

    Earlier in 2012, the Authority notified a comprehensive regulatory framework for DAS encompassing the interconnection regulation, the quality of service regulation, the tariff order and the consumer complaint redressal regulation.

    The interconnection regulation for DAS prescribes that MSO and LCO shall enter into a written interconnection agreement before provisioning of cable TV services to the subscribers. It was mandated that the interconnection agreement between MSO and LCO shall clearly earmark the roles and responsibilities in conformance to the quality of service regulations issued by the Authority from time to time.

    However, the Authority, while notifying the comprehensive regulatory framework for DAS did not notify any format specifying the terms and conditions for interconnection agreement as there could be various ways in which MSO and LCO can share the responsibilities in the interconnection agreement.

    TRAI received a large number of complaints regarding various issues in signing of the interconnection agreement between MSO and LCO. On the one end, the LCOs represented that the terms and conditions of draft agreements offered by MSOs are one sided and do not provide a level playing field. On the other end, the MSOs indicated that the LCOs are not willing to follow the terms and conditions of interconnection agreement already executed between them.

    It was noticed that the roles and responsibilities of MSO and LCO for meeting the quality of service norms as prescribed in the Quality of Service Regulations 2012 were not clearly defined in the interconnection agreement signed by them; due to which, in the event of any dispute between them the quality of service delivered to the consumers gets adversely affected.

    A comprehensive consultation process was carried out by the Authority to address the issue and the Authority decided to prescribe the terms and conditions for interconnection agreement in such a way that it addresses the various concerns of the stakeholders as well as it provide enough flexibility for accommodating various plausible business models between MSO and LCO.

    The full text of the Regulation is available on TRAI’s website www.trai.gov.in.

  • TRAI permits flexibility in interconnect agreements without dilution of model agreement

    TRAI permits flexibility in interconnect agreements without dilution of model agreement

    New Delhi: In view of several disputes in TDSAT and various high courts on the issue, the Telecom Regulatory Authority of India has prescribed formats of the Model Interconnection Agreement (MIA) and Standard Interconnection Agreement (SIA) to be signed between the multisystem operator and the local cable operator for provisioning of cable TV services through the Digital Addressable Systems (DAS)

    The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Seventh Amendment) Regulations 2016 issued yesterday said MSO and LCO may enter into an interconnection agreement on lines of the MIA, or by signing the agreement strictly in terms of the SIA. Even as flexibility has been allowed on some issues, it has been mandated that the parties shall ensure that no such agreement will have the effect of diluting any of the conditions laid down in the MIA. 

    If the parties decide to enter into interconnection agreement on the terms of SIA, no addition, alteration and deletion of the clauses provided therein is allowed. They have the flexibility to modify clauses 10, 11 and 12 of the MIA through mutual agreement without altering or deleting any other clause of MIA. They also have a freedom to add additional clauses through mutual agreement to the MIA for stipulating any additional conditions.

    In a press release, the Authority said it was of the view that “the prescription of formats of MIA and SIA will pave the way for growth of the sector, result in reduction of disputes between the MSOs and LCOs, provide level playing field to the parties and increase healthy competition in the sector which ultimately will help in better quality of services to the subscribers.”

    Earlier in 2012, the Authority notified a comprehensive regulatory framework for DAS encompassing the interconnection regulation, the quality of service regulation, the tariff order and the consumer complaint redressal regulation.

    The interconnection regulation for DAS prescribes that MSO and LCO shall enter into a written interconnection agreement before provisioning of cable TV services to the subscribers. It was mandated that the interconnection agreement between MSO and LCO shall clearly earmark the roles and responsibilities in conformance to the quality of service regulations issued by the Authority from time to time.

    However, the Authority, while notifying the comprehensive regulatory framework for DAS did not notify any format specifying the terms and conditions for interconnection agreement as there could be various ways in which MSO and LCO can share the responsibilities in the interconnection agreement.

    TRAI received a large number of complaints regarding various issues in signing of the interconnection agreement between MSO and LCO. On the one end, the LCOs represented that the terms and conditions of draft agreements offered by MSOs are one sided and do not provide a level playing field. On the other end, the MSOs indicated that the LCOs are not willing to follow the terms and conditions of interconnection agreement already executed between them.

    It was noticed that the roles and responsibilities of MSO and LCO for meeting the quality of service norms as prescribed in the Quality of Service Regulations 2012 were not clearly defined in the interconnection agreement signed by them; due to which, in the event of any dispute between them the quality of service delivered to the consumers gets adversely affected.

    A comprehensive consultation process was carried out by the Authority to address the issue and the Authority decided to prescribe the terms and conditions for interconnection agreement in such a way that it addresses the various concerns of the stakeholders as well as it provide enough flexibility for accommodating various plausible business models between MSO and LCO.

    The full text of the Regulation is available on TRAI’s website www.trai.gov.in.

  • Star India free to disconnect Good News Media if it fails to adhere to payment schedule; TDSAT

    Star India free to disconnect Good News Media if it fails to adhere to payment schedule; TDSAT

    New Delhi: Star India has decided to reactivate its signals to Good Media News Pvt Ltd and also execute an interconnect agreement by the end of this month provided there is no breach in the payment schedule agreed before the Telecom Disputes Settlement and Appellate Tribunal.

    Demand drafts of Rs.48 lakhs, as the first installment of dues amounting to Rs 2,84,91,264 were handed over to Star India Counsel Rajasekhar Rao.

    However, Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said in case of any breach of the payment schedule, it will be open to Star to disconnect the supply of the signals to the petitioner and to intimate the Tribunal in that regard.

    On the insistence of Star India, one Mukesh Malhothra who is a promoter of Good Media News, also became personally liable for the default and agreed in an affidavit that he would stand as guarantor and undertake to be personally liable for any default in the payment schedule or breach in the same by the Petitioner as far as the payment of acknowledged outstanding dues are concerned.

    The petition had been filed by Good Media News against disconnection of signals against Media Network & Distribution India Ltd.

  • Star India free to disconnect Good News Media if it fails to adhere to payment schedule; TDSAT

    Star India free to disconnect Good News Media if it fails to adhere to payment schedule; TDSAT

    New Delhi: Star India has decided to reactivate its signals to Good Media News Pvt Ltd and also execute an interconnect agreement by the end of this month provided there is no breach in the payment schedule agreed before the Telecom Disputes Settlement and Appellate Tribunal.

    Demand drafts of Rs.48 lakhs, as the first installment of dues amounting to Rs 2,84,91,264 were handed over to Star India Counsel Rajasekhar Rao.

    However, Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said in case of any breach of the payment schedule, it will be open to Star to disconnect the supply of the signals to the petitioner and to intimate the Tribunal in that regard.

    On the insistence of Star India, one Mukesh Malhothra who is a promoter of Good Media News, also became personally liable for the default and agreed in an affidavit that he would stand as guarantor and undertake to be personally liable for any default in the payment schedule or breach in the same by the Petitioner as far as the payment of acknowledged outstanding dues are concerned.

    The petition had been filed by Good Media News against disconnection of signals against Media Network & Distribution India Ltd.

  • TDSAT asks Canara Stars for guarantee with regard to arrears to Star India

    TDSAT asks Canara Stars for guarantee with regard to arrears to Star India

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has said it may take appropriate action if Canara Star fails to furnish the required guarantee as sought by Star India in their long-pending dispute.

    Meanwhile, Chairman Justice Aftab Alam and member Kuldip Singh listed the matter for 9 March. The Tribunal took note of the fact that Canara Star had given a payment schedule to Star India which was represented by Counsel Arjun Natarajan. Earlier last month, the Tribunal had given time in two different hearings to Canara Star to furnish the guarantee.   

    In the hearing in the  third week of December last year, the Tribunal had asked Canara Star to intimate Star India whether it admits the SMS reports submitted by the broadcaster for the period 2014 to January 2015.

    The common order by the Tribunal on three petitions including one by Star India against Canara Star claiming recovery dues of about Rs 3 crore pertaining to the MSO’s operations in DAS area of Bangalore said this was subject to the two parties failing to arrive at a final settlement.

    The directive had come after being informed by Canara Star counsel Tushar Singh that the parties had failed to resolve the dispute, though Star India counsel Kunal Tandon and Arjun Natarajan had told the Tribunal that no attempts had been made by Canara Star to resolve the dispute.

    The Tribunal had also asked Canara to produce its bank statements and materials to show payments made by it towards invoices raised by Star India based on Canara’s SMS reports.

    Canara, which has allegedly sold off its business to another MSO called All Digital, was to produce its deed of transfer of establishment to All Digital which was made a party in the petition filed by Star India.

    The other two petitions are by Canara Star challenging disconnection notices issues by Star India for analogue areas of Kumta and Bhatkal.

  • TDSAT asks Canara Stars for guarantee with regard to arrears to Star India

    TDSAT asks Canara Stars for guarantee with regard to arrears to Star India

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has said it may take appropriate action if Canara Star fails to furnish the required guarantee as sought by Star India in their long-pending dispute.

    Meanwhile, Chairman Justice Aftab Alam and member Kuldip Singh listed the matter for 9 March. The Tribunal took note of the fact that Canara Star had given a payment schedule to Star India which was represented by Counsel Arjun Natarajan. Earlier last month, the Tribunal had given time in two different hearings to Canara Star to furnish the guarantee.   

    In the hearing in the  third week of December last year, the Tribunal had asked Canara Star to intimate Star India whether it admits the SMS reports submitted by the broadcaster for the period 2014 to January 2015.

    The common order by the Tribunal on three petitions including one by Star India against Canara Star claiming recovery dues of about Rs 3 crore pertaining to the MSO’s operations in DAS area of Bangalore said this was subject to the two parties failing to arrive at a final settlement.

    The directive had come after being informed by Canara Star counsel Tushar Singh that the parties had failed to resolve the dispute, though Star India counsel Kunal Tandon and Arjun Natarajan had told the Tribunal that no attempts had been made by Canara Star to resolve the dispute.

    The Tribunal had also asked Canara to produce its bank statements and materials to show payments made by it towards invoices raised by Star India based on Canara’s SMS reports.

    Canara, which has allegedly sold off its business to another MSO called All Digital, was to produce its deed of transfer of establishment to All Digital which was made a party in the petition filed by Star India.

    The other two petitions are by Canara Star challenging disconnection notices issues by Star India for analogue areas of Kumta and Bhatkal.

  • Petition against Den rejected as TDSAT notes petitioner is a joint venture of the MSO

    Petition against Den rejected as TDSAT notes petitioner is a joint venture of the MSO

    New Delhi: Dismissing it as not maintainable, the Telecom Disputes Settlement and Appellate Tribunal has noted that the petition that has been filed  by Fortune (Baroda) Network Pvt. Ltd., Gujarat, against Den Networks of which it is a joint venture.

    Chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava noted that Den Networks held the majority share of 51 per cent in the joint venture company.

    The petition had been filed by one Venus Patel who claimed to be the promoter director of the petitioner company.  There was no authorization by the Board of the petitioner company that has among its members also some nominee directors from Den. The petition was filed on the strength of an “authorization” signed by Venus Patel himself and one Kirti Bhai Patel who described themselves as promoter directors.

    The Tribunal noted that: “It is evident that there is a dispute in regard to the control of the petitioner company. Both the nature of the real dispute and the manner in which this petition is filed render it not maintainable before the Tribunal”.

    The Tribunal noted that earlier, one Jayesh Patel and some others filed a petition against Den and the present petitioner Fortune (Baroda) Network Pvt. Ltd and had been dismissed on 4 August last year. 

    The present petition was filed for directions to Den to enter into the fresh subscription agreement for the y ear 2014-15 on reasonable terms and conditions with the petitioner for the DAS phase; immediately re-connect the signals of the petitioner; charge the petitioner at the rate of Rs.46 per STB as an interim measure as directed by the Tribunal in order dated 31 October 2013 and some other reliefs.