ITV

Tag: TDSAT

  • Siti withdraws petition against SPN from TDSAT

    Siti withdraws petition against SPN from TDSAT

    MUMBAI: Siti Network Ltd has withdrawn its two-year-old petition against Sony Pictures Networks Distribution India Pvt Ltd and ORS from the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), stating that the parties have settled their differences.

    Siti and Sony had some differences between them on the issue of accounting. While filing the petition in TDSAT, Siti had requested for an interim protection on the ground that it requires some more time to reconcile the accounts.  As per Sony, the total payable including payable for the month of December, 2017 was Rs 68.38 crore but according to the petitioner Siti the amount was much less.

    Following two-years of hearings and adjournments, the parties decided to settle their differences amicably. A bank guarantee of huge amount was involved in the petition amount of which is needed for payment of salaries etc. of employees. After its encashment the petition was formally withdrawn. 

  • TDSAT gives Kamyab TV 2 weeks to submit payment schedule to govt

    TDSAT gives Kamyab TV 2 weeks to submit payment schedule to govt

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has granted further two weeks’ time to Kamyab Television Pvt Ltd for submitting a time schedule for payment of the admitted dues to Union of India and Antrix TV.

    Kamyab TV had asked for an extension of time to clear the dues in the last hearing as well, which was duly granted by the tribunal. However, TDSAT in its latest order has cleared that any further time in the matter will be allotted on appropriate costs.

    The next hearing of the case is now scheduled on 9 August.

    Kamyab TV had moved TDSAT earlier this year against Union of India, as the space allotted to it on INSAT-4A was de-activated in February 2017 i.e. about two years back for dues of approximately Rs 5 crore as alleged by the Union of India. The former quoted the due amount to be Rs 3.89 crore and expressed its desire to pay the dues in installments.

    Following that, Kamyab TV also filed another application in TDSAT asking Antrix to issue a NOC so that it may be able to avail the Space Segment Service Agreement from the authorised service provider, which was denied by the latter on the grounds of non-payment of entire admitted dues.

    Kamyab Television had submitted that only Rs 1 crore could be arranged and paid immediately to Antrix for urgent issue of NOC and on when it will resume the business, the rest dues will be cleared off from its earnings.

    TDSAT had noted that Kamyab Television Pvt Ltd’s offer of an upfront payment of Rs. 1  crore for NOC is not good enough unless it provides a specific time schedule for the payment of the entire admitted dues of Rs. 3.98 crores approximately only.  

    Kamyab TV had asked for a short adjournment for instructions and, if possible, to submit a reasonable time schedule for payment of the admitted dues, which was granted. In the last hearing, Kamyab TV asked for additional time to set the schedule, which was also granted.

  • Dish TV withdraws petition against SPN from TDSAT

    Dish TV withdraws petition against SPN from TDSAT

    MUMBAI: The ongoing tussle between Dish TV India Ltd and Sony Pictures Network India, in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), has settled with the former withdrawing its petition filed last year against certain clauses in terms and conditions of pre-NTO RIO as published by the broadcaster, on the basis of non – discrimination.

    Dish TV had moved TDSAT in Februrary 2018 challenging the subsisting RIO agreement which was entered into on 1 December 2017 without prejudice to its rights to challenge the clauses of RIO terms as communicated to SPN India vide letter dated 8 November 2017.

    Accepting Dish TV’s appeal to withdraw the petition, TDSAT noted in its order, “It is not in dispute that the parties have entered into a fresh agreement under the new regime on account of Regulations of 2017. In view of such developments, learned counsel for the petitioner (dish TV) submits that challenge by the petitioner to the terms of earlier RIO of the respondents has become academic and, therefore, the petition may be permitted to be withdrawn with liberty to the petitioner that if an occasion arises, it will be free to challenge the terms of new RIO of the respondents.”

    The tribunal clarified that Dish TV will be at liberty to raise its claim or seek relief through an appropriate proceeding in accordance with law if it has any any grievance in future.

  • Delhi HC sends notice to TRAI over money collection through tariff amendment orders

    Delhi HC sends notice to TRAI over money collection through tariff amendment orders

    MUMBAI: The Delhi High Court has issued a notice to the Telecom Regulatory Authority of India (TRAI) asking it to explain how broadcasters collected crores of rupees from consumers on the basis of the 11th and 13th TRAI tariff amendment orders, as per a report by news agency ANI.

    The court was responding to a plea by an NGO which said that the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had set aside the case and remanded it to TRAI. TRAI has to file its reply by 11 September, the next date of the hearing.

    According to the petitioners, the collection of money by broadcasters was illegal after a Supreme Court order of 2015 was applied. They also had to maintain a separate account for this money collected from customers.

    Post the implementation of the framework, the money was to be returned to customers but the TRAI transferred the matter to the I&B Ministry.

  • TDSAT directs Independent TV to provide Rs 12 cr as bank guarantee to restore signals from Antrix

    TDSAT directs Independent TV to provide Rs 12 cr as bank guarantee to restore signals from Antrix

    MUMBAI: In a further development to the Independent TV v/s Antrix Corporation Ltd case, the former has been asked by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to either pay Rs 5.83 crore along with a bank guarantee of Rs 6 crore or furnish a bank guarantee of Rs 12 crore to the latter to get its connection restored. The case has been set for further hearing on 7 August.

    Antrix had disconnected the signals of the DTH service-provider on 12 June due to its inability to meet financial conditions and had encashed the Rs 15 crore bank guarantee given by Independent TV post the last hearing in the case.

    Independent TV had filed an MA requesting the tribunal to direct Antrix to reconnect the signals as well as to enter into a long-term lease agreement with the petitioner since it has now received the required licence by the Ministry of Information and Broadcasting on certain conditions and the licence is valid till 31 December 2019.

    TDSAT noted that negotiations for a long-term lease agreement will take some time and some financial conditions must be established so as to secure the payment of the latest invoice raised by Antrix towards arrears which are Rs 5.83 crore.

    As contested by Antrix, the dues for a month of consumption would create a further liability of around Rs 5 crore and therefore, Independent TV should either pay the arrears forthwith or furnish bank guarantees for not less than the amounts indicated above i.e. around Rs 11 crore.  According to the submissions, the best case would be to direct the petitioner to furnish bank guarantee so as to cover the three months of space segment charges.

    “Considering that the petitioner (Independent TV) has been facing financial difficulties which led to disconnection as already noted, we are of the view that resumption of facilities in favour of the petitioner should be made available only on petitioner either paying the amount of Rs 5.83 crore along with a bank guarantee of Rs 6 crore or on furnishing a bank guarantee of Rs 12 crore valid for at least two months.  As soon as the petitioner complies with this part and furnishes the bank guarantee or makes the payment, respondent no. 1 (Antrix) shall reconnect the signals,” said TDSAT in its order.

    It further added, “Since the main prayer of the petitioner is a direction to Antrix to enter into a long term lease agreement, we direct both the parties to enter into negotiations so that a final decision in this regard may be taken at an early date, preferably within four weeks from the date of resumption of supply of signals. It goes without saying that if a long-term lease agreement is executed, the respondents will be protected by the financial conditions for the same.  In case a long-term lease agreement is not executed within the said period, the respondent no. 1 should disclose the reasons through an affidavit to be filed by the next date.  Necessary interim orders for payments etc. may be reconsidered on the next date.”

  • Crucial BARC India board meeting today under cloud of landing page issue

    Crucial BARC India board meeting today under cloud of landing page issue

    MUMBAI: The BARC India board is set to meet today in what can be considered as one of its more significant gatherings. The latest board meeting will be held in the backdrop of a series of controversial developments that have been triggered by TDSAT's order setting aside TRAI's directive on landing pages.

    The TV audience measurement body's approach post the TDSAT order has raised concerns from certain quarters of the industry. Indiatelevision.com has previously written about different perspectives from within the industry from a clarity and transparency standpoint.

    This is the first time the BARC India board will meet since it gave a nod to form a two-member committee to independently review its data validation and outlier policy that has drawn sharp opinions and observations from across the industry.

    The meeting comes a day after the Telecom Regulatory Authority of India (TRAI) hosted an open house discussion on review of television audience measurement and ratings in Mumbai on Wednesday where senior officials hoped the landing page issue would be addressed by the industry.

    Following TDSAT’s ruling, BARC had notified that it would include the ratings of channels placed on landing page in its weekly ratings data and while releasing the data of week 22, 2019 BARC correctly considered the channel available on landing pages.

    On 13 June BARC announced that it is reverting to its earlier method of filtering out outliers or abnormal reach from the landing page which BARC decided to do so, only after receiving some representations from industry players.

    With BARC again starting to exclude the outliers, several broadcasters have alleged that the data could be biased as the process of validating outliers for channels is manual.

    With several industry stakeholders keen to track the latest updates, this BARC board meeting is far from a routine affair.

  • TRAI’s SK Gupta on Independent TV troubles, BARC overhaul, landing page controversy & tariff order

    TRAI’s SK Gupta on Independent TV troubles, BARC overhaul, landing page controversy & tariff order

    MUMBAI: Top Telecom Regulatory Authority of India (TRAI) functionaries were in Mumbai on Wednesday for the second leg of the open house discussion (OHD) to review the television audience measurement and ratings system in India. In the audience were industry stakeholders spanning across broadcasters, advertisers, distribution platform operators (DPOs) and BARC representatives among others.

    “Ratings have to be unbiased, correct representation of the feelings of the people and should not be impacted by various methodologies being used to influence them,” said TRAI secretary Sunil K Gupta as he set the agenda.

    TRAI had received multiple comments and counter-comments from industry to its consultation paper, which featured a list of questions. In order to further deepen the engagement, Gupta recommended three additional topics be taken up for discussion.

    “What are the concerns and problems when it comes to return path data with set top boxes? Let us analyse and understand how we can increase the sample size of meters so that influencing data becomes difficult. Secondly, many broadcasters said in the Delhi OHD that data collected through such meters is filtered or manipulated to delete the outliers. They feel that the level of transparency in doing so is not there and in some cases they feel it is one of the tools to manipulate the TRP of a channel. Thirdly, is there any other alternative that can be adopted to make ratings more effective or more representative of viewership?” the secretary asked.

    However, despite the officials’ best efforts to initiate a conversation to highlight problems and suggest solutions, those present were rather conservative in their approach, side-stepping critical issues that continue to plague the broadcasting sector from a TV audience measurement standpoint. While regional broadcasters did argue in favour of a more representative sample to take into account multiple socio-cultural regions, major broadcasters failed to approach the discussion with their usual vigour.

    From BARC’s perspective, COO Romil Ramgarhia and chairman of its technical committee Shashi Sinha were rather frank and forthright, articulating their respective positions on all issues at hand quite candidly.

    In order to gain a better understanding of the regulator's viewpoint, Indiantelevision.com’s Dattaraj Thaly engaged the TRAI secretary in a quick chat on the sidelines of the OHD. 

    Edited excerpts follow.

    What compelled you to float a consultation paper on review of television audience measurement and ratings in India?

    We recommended the formation of an entity to rate the audience measurement for the TV sector and as per that recommendation, MIB came up with guidelines and then BARC was registered. Having said that, (BARC) working for the last three years, we just wanted to see how good the work is being done and there are different concerns of different stakeholders to improve the transparency of BARC rating. So, what are the concerns of stakeholders and how can we improve its functions was our objective.

    What are the specific functions you want improved? Is it credibility of the ratings, transparency of the system? What are the benchmarks for improvement?

    In fact it includes all the things. It is credibility, accuracy of the system and also to make it broad-based so that any attempt to tamper any information etc., should have minimum impact on rating given by the BARC.

    We know what the broadcasters’ concerns with BARC are. Can you tell us what the regulator’s view on the TV audience measurement body is?

    TRAI does not have any view of its own. We raise various issues to the stakeholders. We take oral as well as written comments of the stakeholders. We also analyse the international experiences, the issues raised by different people on what needs to be addressed and ultimately firmly take a view what should be done. So, one thing is very clear TRAI does not have its own view.

    You’ve now held two open house discussions (Delhi and Mumbai) to review our current TV audience measurement system. Have any key themes emerged from these consultations?

    One is that everybody wants BARC to give the ratings that are credible, transparent, not influenced by any of the stakeholders. They also want a broad-based rating pattern, so that chances of getting it influenced by few meters is reduced. Thirdly, they want to improve the transparency of the system.

    BARC’s data validation and outlier policy post the TDSAT order on landing pages has created quite a stir in the industry. What’s your view on this issue?

    You would have heard BARC clearly stating today that they do not have a method to identify landing page and therefore effectively address the issue.

    So, what is the way forward?

    You have yourself very clearly pointed out that there is a decision by TDSAT and we will look into it further and see what can be done. Also today you have heard that this is a call to be taken by the industry also.

    Are you satisfied with what you’ve accomplished in terms of the new tariff order roll-out?

    If you look at the preamble of the regulations and the tariff order issues, the objective raised over there were met to a great extent. So, we are satisfied.

    Two fundamental issues – consumer choice and transparency – were emphasised on by TRAI during the implementation of the new tariff order. Has the new regime addressed these two tenets?

    We have introduced giving the price of each channel in EPG, which has been appreciated by all of the stakeholders. As far as giving choice is concerned, we have checked different platforms and most of the platforms are complying and giving choice. What we have found is that there is a need to educate the consumers. Because consumers from the beginning have been given bouquets. Now awareness has been generated that options have been enabled to choose channels on a-la-carte basis. On this front, I think some more work is required.

    Has the broadcasting and cable services landscape settled down post the new tariff order implementation?

    The choice of customer is a dynamic situation and it will change from time to time and that is what we precisely feel like. The market will work once the consumer has got the options to exercise and it will depend on many things such as the type of programmes you are showing in your TV channel, the language, the awareness, etc. So, this is working very well on the ground and naturally it will take some time to settle. Saying that it has already settled may not be accurate, but yes it is going in the right direction.

    What’s your take on the Independent TV situation?

    Independent TV has been very recently given their license for DTH. The matter has been taken up with MIB and with the other enforcement arms of MIB, which is spread in the state and districts. We are looking into that.

    Is TRAI committed to light-touch regulation across the broadcasting and distribution sector?

    New tariff order is the right example of light-touch regulation (https://www.indiantelevision.com/regulators/trai/broadcasters-split-over-trai-s-directive-to-barc-on-tv-viewership-data-190226). We have given complete freedom to broadcasters to price their channels. We have given freedom to DPOs to carry out their business and get a certain committed revenue so that quality of the network can be upgraded and quality of the services can be given to the consumers. We are only prescribing the broad architecture and not micro-managing.

  • BARC India’s approach post TDSAT’s landing page order draws concern from some stakeholders

    BARC India’s approach post TDSAT’s landing page order draws concern from some stakeholders

    MUMBAI: Questions and controversies around TDSAT’s ruling on landing pages and BARC India’s subsequent flip-flop over implementation of its data validation and outlier policy refuse to die down. In a bid to allay transparency fears of a section within India’s broadcast sector, the BARC board approved a recommendation to set up a two-member committee to review the TV audience measurement body’s outlier policy.

    “As you are aware, there has been a lot of confusion around the landing page in the market. Therefore in order to give confidence to the industry and the stakeholders, BARC board approved a recommendation to set a two-member committee. Mr Nakul Chopra and Mr Praveen Tripathi are industry leaders and their appointment only reiterates the BARC board’s reassurance to give confidence to the industry.

    “Though we at BARC India, have been requested by many stakeholders to continue with the outlier policy, an independent overview of the process and any recommendation to improve, are always welcome and we look forward to working with this committee. Also, recently Deloitte had done a detailed audit on this process and found it clean” a BARC India spokesperson told Indiantelevision.com.

    Despite the latest move being a step in the right direction, the naming of the two appointees hasn't really inspired "confidence" among some industry stakeholders. If the objective is to carry out an “independent overview”, those entrusted with the task should ideally be above suspicion of a potential or perceived conflict of interest irrespective of their calibre and competence, is a view expressed by several industry executives. While Chopra is a former BARC chairman, Tripathi as CEO of Magic9 Media and Analytics continues to be associated with BARC as a consultant/vendor. Tripathi's company had earlier helped BARC process data from barometers, identify outliers and project ratings.

    While it isn't the board's job to wade through the minutiae of everyday operations, the fact that BARC's data validation and outlier policy mechanism and implementation has assumed game-changing proportions for the ecosystem is an aspect that needs its serious consideration, say some industry watchers.

    "In the case of BARC, the problem is compounded as customers are also board members,” pointed out an industry source.

    Some broadcasters, however, have raised more fundamental issues, which go beyond the BARC board’s involvement or lack of it in the outlier policy implementation.

    “Is BARC circumventing the TDSAT order which allows landing pages as a legal practice?” questioned a senior news broadcasting executive.

    The need of the hour, say some, is transparency of BARC’s internal mechanism in weeding out outliers given that there is a degree of subjectivity attached to it.

    "As for the landing page, BARC has and does maintain that they cannot identify landing pages. The process can, however, identify reach outliers which could happen for landing pages in big cable networks for smaller viewed channels or when there is a distribution intervention like activation or improvement in availability. The same principle applies to content interventions also. Most analysts who keenly watch these numbers especially for genres like English news and business news do know this since the landing page discussions started some time back. At BARC, our mandate is to measure viewership with transparency and accuracy to provide a credible measurement," the BARC India spokesperson added.

    Broadcasters that compete for a small viewership base fight for every eyeball. In an environment such as this, the landing page saga has boxed them into a state of flux when it comes to a post-TDSAT order strategy. The outcome of the two-member committee’s findings is what they keenly await in the hope of some clarity and reassurance. 

  • Independent TV’s suspended DTH service to resume after 3 July

    Independent TV’s suspended DTH service to resume after 3 July

    MUMBAI: While DTH provider Independent TV Network abruptly shut its services recently, the service is expected to resume only after 3 July as per an update on the website.  Earlier, the DTH operator said it was expected to resume after 22 June.

    “Dear customers, the decision on resumption of our satellite services is pending in the TDSAT court. We shall update on further developments, post the outcome of the court hearing already scheduled for 2nd July 2019. We appreciate your patience,” a message on website read.

    Recently, the Telecom Disputes Settlement Appellate Tribunal (TDSAT) had ordered it to clear its dues to Antrix Corporation by 12 June or else face a disconnection. It had to pay Rs 9 crore to Antrix or Rs 15 crore in the form of a bank guarantee.

    It is likely that the DTH operator was unable to pay as per the court order and hence Antrix disconnected its signal. The matter will further come up for hearing on 2 July.

    The DTH provider is a property of Garvit Innovative Promoters Ltd. If reports are to be believed, the distributors are now contemplating to approach TRAI and Ministry of Corporate Affairs against the company and its directors including Sachin Bhati.

    The company was launched in 2018 and was active in the state of Uttar Pradesh and had 26 distributors in just Meerut and Saharanpur division. It had more than 90 thousand subscribers in the division.

  • BARC India board forms two-member committee to review data validation & outlier policy

    BARC India board forms two-member committee to review data validation & outlier policy

    MUMBAI: Broadcast Audience Research Council (BARC) India’s board has constituted a two-member committee to review the TV audience measurement firm’s data validation and outlier policy, Indiantelevision.com has learnt. The board’s decision comes on the back of chaos triggered by the Telecom Disputes Settlement and Appellate Tribunal’s (TDSAT) ruling to permit landing page placement for TV channels. Former BARC chairman Nakul Chopra and Pravin Tripathi are part of the committee.

    “This is a great move. We at BARC India welcome the board's decision because as a joint industry body, operating in compliance with the Ministry of I&B, we follow best practises for the industry. An independent overview of the process and any recommendation to improve, are always welcome and we look forward to working with this committee,” a BARC spokesperson told Indiantelevision.com.

    Following the TDSAT ruling, BARC had stopped filtering out outlier data (from landing pages from its weekly viewership numbers. However, it reverted to its earlier methodology from week 23 onward citing the mandate of its board and claiming it had received representations received from various stakeholders.

    "As per representations received from various stakeholders and as per our board mandate, we are in the interim reverting back to our earlier process for treatment of landing page. The same will be reflective from week 23 onward till further notice. The process is also under review by the board. BARC India cannot identify landing pages. It has been identifying reach outliers. This practice is followed for all channels but the impact is more pronounced for smaller viewership channels like English news, business news and not for genres like Hindi GEC etc,” BARC had stated.

    The industry has voiced differing opinions on not just the TDSAT ruling but also BARC’s treatment of landing pages in viewership measurement.

    BARC’s weekly viewership numbers with and without landing page data has exhibited contrasting trends particularly in genres like English news. In a sense, the BARC board’s decision can be seen as an attempt to allay fears of a section within the industry that isn’t particularly satisfied with the transparency in the data validation and outlier policy of the TV measurement body.