ITV

Tag: TDSAT

  • 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. 

     

  • TRAI asked to re-notify broadcasters in light of SC judgment rejecting tariff orders

    TRAI asked to re-notify broadcasters in light of SC judgment rejecting tariff orders

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) has been urged to re-notify its letter to pay broadcasters dated 23 July, requesting the rates for their respective pay TV channels with prescribed MRP as well, along with the duration of advertisements shown.

     

    In a letter to TRAI chairman R S Sharma, Home Cable Networks (P) Ltd head Vikki Chodhary said, “Needless to say, the exercise needs to be conducted keeping in view the interest of the consumers at large and to also ensure a level playing field on non-discriminatory terms with parity in conducting this business.”  

     

    The regulator had asked broadcasters on 23 July to revise their wholesale tariffs, even though it had noted that the Supreme Court had declined to stay the order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) setting aside the amendments in two tariff orders, which had sought to put an inflation-linked hike of 27.5 per cent on addressable and non-addressable systems.

     

    The very next day – 24 July – the Supreme Court stayed implementation of this letter in view of appeal by Indian Broadcasting Foundation (IBF) and others challenging the order by TDSAT on Chaudhary’s petition relating to tariff.

     

    While dismissing the appeal challenging TDSAT’s order, the Supreme Court on 4 August asked TRAI to come up with new tariffs as early as possible.

     

    The Court also said the multi-system operators (MSOs) will not insist on a refund of their payments to broadcasters but will wait for the new tariff orders.

     

    Thus, the apex Court held intact the 28 April order of the Tribunal holding as ‘untenable’ the Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order, 2014’ and ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order, 2014’.

     

    In his letter to Sharma, Chaudhary has drawn TRAI’s attention to observations by TDSAT that the regulator “will be well advised to have a fresh look at the various tariff orders in a holistic manner and come out with a comprehensive tariff order in supersession of all the earlier tariff orders… While doing so, it may consider all the agreements and relevant data available with it. It may consider differentiating between content, which is of a monopolistic nature as against that the like of which is shown by other channels also. It may also consider classifying the content into premium and basic tiers.”

     

  • TDSAT to examine Patna MSO’s allegations over LCOs shift

    TDSAT to examine Patna MSO’s allegations over LCOs shift

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has appointed an Advocate Commissioner to probe allegations made by Patna-based multi-system operator (MSO) Siti Maurya Cable Network that seven local cable operators (LCOs) have been trying to migrate to another MSO.

     

    The Commissioner Diggaj Pathak will be given a list of subscribers by D K Classic, one of the LCOs. Pathak will then go to Patna unannounced and intimate the two sides about his arrival.

     

    Along with the representatives of the MSO and the LCO, Pathak will make random visits to some of the subscribers to see whether or not the set top boxes (STBs) of the petitioner are functional at their places. In case the petitioner’s STBs at the respondent’s subscribers’ place are found to be switched off, he will find out the duration since the signal switch off. Pathak will also ascertain whether the switch off was done from the MSO’s head-end or the LCO’s.

     

    Pathak will submit the report by 28 August. He will be paid an honorarium of Rs 15,000 per day, apart from actual expenses, to be shared equally by both sides. The matter will now be heard on 3 September.   

     

    After hearing the allegations of the MSO, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava were told by D K Classic that it was the MSO, which had switched off its signals. However, the MSO alleged in its petition that the LCOs had neither given the statutory notice, nor returned the STBs.

     

    Sharath Sampath, who represents D K Classic, said the LCOs did not migrate to another MSO of their own volition and initiative but Siti Maurya disconnected the supply of its signals, compelling them to take signals from another MSO. He also alleged that if his client D K Classic’s share in the carriage fee is taken into account, not only will there be no dues payable but the LCO will be entitled to receive some payments from the Siti Maurya.

  • Hathway – MSM imbroglio: MSO to not renew deal

    Hathway – MSM imbroglio: MSO to not renew deal

    MUMBAI: In a move that would surprise many, multi system operator (MSO) Hathway Cable and Datacom has decided to not renew the contract with MSM Media Distribution (MSMMD) in DAS phase II areas.

     

    As reported first by Indiantelevision.com, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on 14 August had directed Hathway to pay Rs 14.56 crore towards subscription dues to MSMMD for DAS Phase I till the expiry of the agreement i.e. 31 October, 2015 in three instalments.   

     

    In a statement issued today, Hathway said that it will not renew the contract with MSMMD for DAS phase II. It may be recalled that this contract between the two expired on 31 March, 2015 and was not renewed by Hathway then.

     

    “Dripping ratings and average content cannot be a base for a broadcaster to take distribution platforms for a ride by demanding hefty growth year on year. In fact, it requires major correction in the subscription fees that the broadcaster charges. The concern with Sony Entertainment Television, the flagship channel of Multi Screen Media (MSM), has been witnessed over the last year wherein their content lacks appeal and demand as compared to other leading networks and does not deserve a growth, which was raised by us to the broadcaster. All the other channels in the MSM bouquet are also irrelevant and don’t offer any compelling content,” said a Hathway spokesperson.

     

    Hathway has said that in DAS I markets, where the contract expires on 31 October, 2015, it will offer MSM channels on an a la carte basis to consumers and not as part of any of the packages till the expiry of the contract.

     

    Speaking on the dues that Hathway owes the company, MSMMD executive vice president sales and marketing Makarand Palekar said, “Hathway has a huge outstanding and they haven’t paid us for seven months. MSM as a network is very patient and does not switch off channels on any platform, but Hathway has tested our patience and even if it wants to put the channels on a la carte, it will have to clear the outstanding first, which is close to Rs 15 crore.”

     

    It now remains to be seen how this story between the two parties pans out.

  • TDSAT directs Hathway to pay Rs 14.56 crore to MSM Media Distribution

    TDSAT directs Hathway to pay Rs 14.56 crore to MSM Media Distribution

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed multi system operator (MSO) Hathway Cable and Datacom to pay Rs 14.56 crore towards subscription dues to MSM Media Distribution (MSMMD) till the expiry of the agreement i.e. 31 October, 2015 in three installments.

     

    It can be noted that both Hathway and MSM have two separate deals for phase I and phase II cities. While the agreement for the phase I cities is valid till 31 October 2015, the agreement for phase II ended on 31 March, 2015. 

     

    “Hathway hasn’t paid us for the past six-seven months in phase I areas and has not renewed the deals in phase II cities. So while we have stopped signals to the platform in phase II cities, we approached the Tribunal to recover the money for phase I, where the MSO had signed a fixed fee contract with us and is now trying to come out of it,” said MSMMD executive vice president sales and marketing Makarand Palekar.

     

    The TDSAT, in its order, has said that Hathway has to honour the commitment under the memorandum of understanding (MOU) for the entire term for DAS phase I areas till its expiry i.e. up to 31 October, 2015. Accordingly, Hathway has to pay the subscription fees in accordance with the MOU. 

     

    “We will have to keep the service on in the phase I cities, considering the agreement is till 31 October, but we could not have been more patient in terms of recovering the money, which the MSO hasn’t paid for the past six-seven months,” added Palekar. 

     

    According to Palekar, close to five million homes across the country will not be able to watch MSM channels with the network being pulled off from Hathway. “There are close to 3000 MSOs and we have a cordial relation with all. The subscribers will suffer because of the MSO not signing the agreement,” concluded Palekar. 

  • TDSAT reflects on unprecedented course of MIB in Star – Arasu case

    TDSAT reflects on unprecedented course of MIB in Star – Arasu case

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) hearing a case by a local cable operator against Star India, described as ‘strange and unprecedented’ the course adopted by the Ministry of Information and Broadcasting (MIB) in responding to its question relating to denial of digital addressable system (DAS) licence to the Tamil Nadu Arasu Cable TV Corporation Ltd.

     

    Following an order on 11 August asking the MIB to give its stand on the issue, the Ministry had sent ‘a note to the Tribunal through a messenger.’

     

    Passing its order in the presence of the Section Officer on 14 August, the Tribunal said the Ministry should send a senior level officer and also take an advocate to represent it and may additionally file an affidavit giving its point of view. It made clear that it was not accepting the note brought by the Section officer and was returning it.

     

    The Tribunal had early this month put out a notification asking broadcasters who may want to join the case to get impleaded.

     

    The application by Star India related to a cable operator giving its signals in analogue mode to Chennai – which had gone digital in the first phase – and in violation of the letter of intent by giving signals to Chennai when the agreement was only for the rest of Tamil Nadu.

     

    Listing the matter for 2 September, TDSAT also said Star India, respondent in the case filed by cable operator Thamizhaga Cable TV Communication, New Delhi, was free to negotiate with Arasu and other multi-system operators (MSOs) for areas in Chennai for DAS and outside Chennai for analogue transmission.

     

    At the same time, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said that there would be no disconnection of signals until the next date.

     

    It also directed that Indian Broadcasting Foundation (IBF) should be impleaded as a party since other broadcasters were also giving signals to Arasu for Chennai though it did not have the DAS licence. Option was also given to other broadcasters if they wanted to be impleaded.

     

    However, the Tribunal held Arasu guilty of transmitting television signals in Chennai in analogue mode, and at the same time guilty of using Star signals in the metropolis without any authorization from Star India.

  • TDSAT questions MIB over DAS licence denial to Tamil Nadu’s Arasu Cable

    TDSAT questions MIB over DAS licence denial to Tamil Nadu’s Arasu Cable

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT), on 14 August, asked the Ministry of Information and Broadcasting (MIB) to file an affidavit in a matter where the root issue is about the denial of digital addressable system (DAS) licence to Tamil Nadu Arasu Cable TV Corporation (TACTV).

     

    While the MIB had presented a note through a section officer, TDSAT refused to accept it and wanted the ministry to file a proper affidavit.

     

    Listing the matter for 2 September, TDSAT also said that Star India, respondent in the case filed by cable operator Thamizhaga Cable TV Communication, New Delhi, was free to negotiate with Arasu and other multi-system operators (MSOs) for areas in Chennai for DAS and outside Chennai for analogue transmission.

     

    At the same time, it said that there would be no disconnection of signals until the next date.

     

    TDSAT also directed that the Indian Broadcasting Foundation (IBF) should be impleaded as a party since other broadcasters were also giving signals to Arasu for Chennai though it did not have the DAS licence. Option was also given to other broadcasters if they wanted to be impleaded.

     

    During the hearing earlier this week, TDSAT chairman Aftab Alam and members Kuldip SIngh and B B Srivastava wondered why the Central Government had failed to take a decision on giving DAS licence to Arasu. It had therefore directed that the Ministry be impleaded in the case.

     

    At the same time, it had held that Arasu (TACTV) was guilty of transmitting television signals in Chennai, which had adopted DAS in the first phase – in analogue mode, and at the same time guilty of using Star signals in the metropolis without any authorisation inter-connect agreement with Star India.

     

    The Tribunal was told by TACTV that it had applied for a DAS licence as far back as July 2012 but the government had failed to take a decision despite an order of the Madras High Court in December 2013 asking the Centre to take a decision on the application of TACTV for grant of it’s license “in the soonest possible time.”  

     

    Noting that there is no compliance with the direction of the Court even after more than a year and half, the Tribunal felt it was imperative to know the stand of the Government for a proper adjudication of the matter.

     

    The Tribunal did not accept the argument by TACTV in the last hearing that it had negotiated with Star India for the entire state since the Letter of Intent (LOI) was only for the rest of Tamil Nadu barring Chennai.

  • TRAI plans open house before finalising tariff recos for commercial subs

    TRAI plans open house before finalising tariff recos for commercial subs

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) will be holding an Open House meeting relating to tariff issues for commercial subscribers on 18 August.

     

    Following directions by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) earlier this year that there was need for a fresh look at tariff orders, TRAI had issued a new paper on “Tariff issues related to Commercial Subscribers” exactly a month earlier. Stakeholders were asked to give their comments by 31 July and counter-comments by 7 August.

     

    The Open House is the final stage before TRAI makes recommendations on the issue.

     

    In the paper, TRAI asked commercial subscribers whether there is need to define and differentiate between domestic subscribers and commercial subscribers for provision of TV signals and the basis for such classification.

     

    The regulator had also asked if there was a need to enable engagement of broadcasters in the determination of retail tariffs for commercial subscribers on a case-to-case basis.

     

    TRAI wanted to know how it can be ensured that TV signal feed is not misused for commercial purposes wherein the signal has been provided for non-commercial purpose.

     

    It has asked if there was a need to have a different tariff framework for commercial subscribers (both at wholesale and retail levels) and what should be the suggested tariff framework for commercial subscribers (both at wholesale and retail levels).

     

    Following the Supreme Court’s order of 16 April, 2014, TRAI had notified the Telecommunication (Broadcasting and Cable) Services (Second) tariff (Twelfth Amendment) order & the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff (Fourth Amendment) order on 16 July, 2014.

     

    These two tariff amendment orders prescribing the tariff framework for commercial subscribers were challenged before TDSAT, which in its order of 9 March, 2015 had set aside these Tariff Amendment Orders. TRAI was asked to examine the issue afresh and come out with a new tariff dispensation for commercial subscribers within six months from the date of its order.

  • TDSAT bars Rajasthan MSOs from giving signals to 11 LCOs defaulting in Siti Cable payment

    TDSAT bars Rajasthan MSOs from giving signals to 11 LCOs defaulting in Siti Cable payment

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has directed that no multi system operator (MSOs) besides Siti Cable Network will be permitted to give signals to eleven local cable operators (LCOs) who were earlier members of the Rajasthan Cable Operators Foundation.

     

    While these eleven LCOs owe a sum of Rs 17.49 lakh to Siti Cable Network, the Foundation says that the LCOs are no longer its members.

     

    Earlier on 5 August, the Foundation said that these LCOs were its members but had failed to make payments to Siti Cable Network.

     

    TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said the cable operators represented by the Foundation including the 11 allegedly in default had been receiving uninterrupted supply of signals from Siti Cable in terms of the interim order passed by the Tribunal under which each of the LCOs was obliged to pay Rs 75 per subscriber per month, excluding of taxes. 

     

    As it is alleged that the 11 cable operators did not make payments in terms of the order, the Tribunal said, “It would be fair and reasonable to direct that they may not migrate to any other MSO without clearing Siti Cable’s dues in terms of the Tribunal’s orders or satisfactorily refute the allegation that they are in default.”

     

    Listing the matter for 26 August, the Tribunal therefore made it clear that until further orders, no other MSO apart from Siti Cable Network will supply any signals to the concerned 11 LCOs.

  • Delhi MSO urges TRAI to draw up comprehensive DAS tariff order pronto

    Delhi MSO urges TRAI to draw up comprehensive DAS tariff order pronto

    NEW DELHI: The Delhi based multi system operator (MSO) Home Cable Network has urged the Telecom Regulatory Authority of India (TRAI) to fix the digital addressable system (DAS) tariff as early as possible in consonance with the directive of the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) order of 28 April. 

     

    This had become all the more imperative in the light of the Supreme Court dismissing the appeal by Indian Broadcasting Foundation (IBF) and others challenging the TDSAT directive, it said. 

     

    Home Cable Network had filed the appeal in TDSAT against the TRAI tariff orders, and IBF had appealed when the Tribunal upheld the appeal.

     

    In a letter to TRAI chairman R S Sharma, Home Cable Network managing director Vikki Choudhary said the exercise needs to be conducted keeping in view the interest of the consumers at large and to ensure a level playing field, on non-discriminatory terms with parity in conducting this business. 

     

    “In view of this, we request the Industry Regulator TRAI to re-notify its letter to Pay Broadcasters dated 23 July, 2015 requesting the rates for their respective Pay TV channels with prescribed MRP as well, along with the duration of Advertisements shown on their respective Pay TV Channels,” Choudhary said. 

     

    He said these issues had been adversely affecting the industry for the past three years and therefore the exercise needed to be completed in a time-bound manner, so the innovations continue with doing business.

     

    In its order upheld by the apex court, TDSAT had said TRAI “will be well advised to have a fresh look at the various tariff orders in a holistic manner and come out with a comprehensive tariff order in supersession of all the earlier tariff orders.” 

     

    “While doing so, it may consider all the agreements and relevant data available with it. It may consider differentiating between content which is of a monopolistic nature as against that which is shown by other channels also. It may also consider classifying the content into premium and basic tiers,” the Tribunal had added.