ITV

Tag: TDSAT

  • Den denies pirating Sun TV signals in Gurgaon & Ghaziabad

    Den denies pirating Sun TV signals in Gurgaon & Ghaziabad

    NEW DELHI: Den Networks has denied that it is distributing the signals of Sun Distribution Services Pvt. Ltd. (Sun) meant for Delhi, in Gurgaon and Ghaziabad as well.

     

    This assertion was made by Den counsel Gaurav Kaushik in the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) in response to an application filed by Sun.

     

    Listing the matter for 13 August, TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava gave Den the option to file a reply to the application.

     

    The miscellaneous application was filed by Sun, which is the respondent in the pending case by Den.

     

    Sun alleged that the petitioner Den was indulging in piracy of its signals in as much as though under the interconnect agreement, it is authorised to transmit the signals only within the territory of Delhi, but it was transmitting Sun’s signals in Gurgaon and Ghaziabad, that is beyond the area under the interconnect agreement.

  • Tariff Hike Case: SC rejects appeal challenging TDSAT order; asks TRAI to out new tariff

    Tariff Hike Case: SC rejects appeal challenging TDSAT order; asks TRAI to out new tariff

    NEW DELHI: Dismissing the appeal challenging an 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 Supreme Court today asked the Telecom Regulatory Authority of India (TRAI) to come up with new tariff as early as possible.

    The Court also said that 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’.

    Appellants Indian Broadcasting Foundation (IBF), Star India, Vijay Television, Viacom18 and Sun TV had sought stay on the ground of wholesale price index. They also sought to argue that there was consultation prior to issuance of the Tariff orders, which they said were not strictly Tariff orders.

    While the appellants were represented by senior advocates Kapil Sibal and Abhishek Manu Singhvi, the defendant Home Cable Network Services Pvt Ltd and Vikki Choudhary were represented by senior counsel Aman Lekhi and Vivek Sarin.

    When the appellants late last month sought early hearing, the Court asked TRAI not to give effect to its direction asking broadcasters to roll back the 27.5 per cent tariff hike for non-addressable areas until the next hearing. The regulator had on 27 July asked broadcasters to revise their wholesale tariffs, even though it had noted that the Supreme Court had declined to stay the TDSAT order.

    In its order, 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 the like of which is shown by other channels also.”

    “It may also consider classifying the content into premium and basic tiers. It may identify the major cost components so that increase or decrease in such costs may be suitably factored while working out the inflationary hikes. Increase in costs of such components as may be available in indexes such as Wholesale Price Index (WPI), GDP deflator etc. can then be applied. While working out the tariffs, the effort should be to encourage a correct declaration of SLR. While carrying out the exercise, it may take the inputs from various stakeholders and give a reasoned order for accepting or rejecting the same. We want to be amply clear that the above are only some suggestions and TRAI being an expert body may arrive at suitable tariffs independently; it is up to it to consider the above and/or any other factors,” the Tribunal said.

    The IBF had come in as an intervener while the other interveners were direct to home (DTH) operators, MSOs, Association of Cable Operators and cable operators.

    TRAI had allowed a 15 per cent hike from 1 April, 2014. The second installment of 12.5 per cent tariff hike came into effect from 1 January, 2015.

    TRAI said the inflationary increases given by it were based on increase in the WPI. In the Explanatory Memorandum with the Second Amendment to the Principal Tariff Order, it was explained that for making adjustments for inflation WPI had been used. It was explained that Consumer Price Index (CPI) was not used as latest information for this was not available and further this related to certain specific consumption baskets. As per the Explanatory Memorandum to the impugned Tariff Order, the WPI has increased by 43.69 per cent and giving a pass through of 63 per cent, an inflation linked increase of 27.5 per cent is allowed.    

  • TDSAT permits Star India to verify Rajasthan MSO’s details despite BECIL report

    TDSAT permits Star India to verify Rajasthan MSO’s details despite BECIL report

    NEW DELHI: Star India has been permitted by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to send its representative to the head-end of Rajasthan Infotech Media Services Pvt Ltd for further verification despite the report of the Broadcast Engineering Consultants (India) Ltd (BECIL).

     

    The report by BECIL showed that the MSO’s systems were technically compliant with the statutory norms.

     

    However, Star India wanted to verify the correctness of the commercial details.

     

    Star India was therefore permitted by TDSAT chairperson Aftab Alam and members Kuldip Singh and BB Srivastava to obtain the commercial details, including SMS reports, from the MSO’s system for the past months.

     

    The matter has been listed for further hearing on 19 August.

  • Disney India terminates distribution agreement with IndiaCast

    Disney India terminates distribution agreement with IndiaCast

    MUMBAI: Disney India has terminated its agency contract with IndiaCast Media Distribution, and has set up an internal team to manage the distribution for all eight of its channels.

     

    The channels under the company are Disney Channel, Disney Junior, Disney XD, Hungama TV, bindass, bindass PLAY, UTV Movies and UTV Action.

     

    All subscription and placement deals will now be done directly by its internal team with all platforms.

     

    “With the No.1 kids network, the No.1 youth network and one of the leading movie channel networks in the country, Disney India provides an exciting and diverse mix of high quality content for kids, youth and family audiences. Today’s dynamic distribution market and increasing pace of digitisation provides us with a huge opportunity for growth and scale. With a robust internal distribution team now in place, we believe we can drive significant value and further strengthen our already well-established relationships with MSOs, DTH Platforms and distribution partners,” said Disney India VP and head – revenues, media networks Nikhil Gandhi.

     

    It can be noted IndiaCast had filed a case against Disney India with The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for wrongful termination on 28 July, 2015. TDSAT, on the other hand disqualified the case and asked IndiaCast to withdraw the case in 24 hours or it would dismiss it on 29 July. IndiaCast asked for an extension of another 24 hours to discuss and today (31 July), the case has been dismissed as withdrawn.

  • TDSAT asks TRAI to examine HITS operators’ inter-connect agreements

    TDSAT asks TRAI to examine HITS operators’ inter-connect agreements

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI), has now been asked to examine whether a broadcaster’s RIO should form the basis for negotiations to enter into an interconnect agreement with the distributor of signals.

     

    The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT), which had earlier asked TRAI to re-examine the issue of Digital Addressable System (DAS) tariffs, also wants to know if the RIO is only a fall back basis in case the negotiations between the broadcaster and the distributor for entering into interconnect agreement otherwise fails.

     

    Summing up the issues that came up for consideration in two cases, the Tribunal asked whether an interconnect agreement between a broadcaster and a distributor of signals on a fixed fee basis, completely dehors the broadcaster’s RIO, can be said to be in accordance with the provisions of the Regulations.

     

    It also asked if it is open to the broadcaster to give discounts, concessions and facilities to distributors of signals on a deal to deal basis or is the broadcaster obliged to frame a standard scheme of discounts, concessions and facilities and make it public so that it may be available to all similarly situated distributors equally.

     

    The Tribunal also asked the status of a Headend In The Sky (HITS) operator vis-a-vis a broadcaster for the purpose of inter-connect arrangements, and whether a HITS operator is comparable to a large MSO operating on a pan India basis.

     

    TDSAT chairman Justice Aftab Alam along with members Kuldip Singh and B B Srivastava were examining two cases filed by Noida Software Technology Park Ltd against Media Pro and Taj Television.

     

    The Tribunal wanted a clear stand from TRAI and also directed that this order should be placed on the Tribunal website in the form of a notice with copies being sent to the Indian Broadcasting Foundation (IBF), MSO Alliance and DTH Operators’ Association, as any adjudication of these questions is likely to affect the broadcasting sector as a whole fundamentally.

     

    The Tribunal said it would be open to any stakeholders to intervene and address the Tribunal on the issue.

     

    Listing the matter for further hearing on 11 August, it said any applications for intervention may be filed within one week from today (30 July). 

  • Regional Units set up to implement DAS; broadcasters ask MSOs for analogue rates till Dec

    Regional Units set up to implement DAS; broadcasters ask MSOs for analogue rates till Dec

    NEW DELHI: Twelve Regional Units (RUs) are being set up for implementation of Digital Addressable System (DAS) in Phase Ill areas.

     

    At the ninth meeting of the DAS Task Force earlier this month, Information and Broadcasting (I&B) Ministry joint secretary (broadcasting) R Jaya said these RUs will hold workshops on digitisation where all issues shall be discussed with the District Nodal officers nominated by State Governments.

     

    The remark came when a representative of local cable operators (LCO) from Assam said multi-system operators (MSO) are stopping signals to LCOs without any reason and the local authorised officers do not take cognisance of any violation of the provisions of the Cable TV Act. He added that there is no redressal mechanism for violations of Cable Act at State level and the cable operators do not have the means to file cases in Telecom Disputes Settlement and Arbitration Tribunal (TDSAT).

     

    Additional secretary J S Mathur, who chaired the meeting on 7 July, said time was fast running out and impressed on all stakeholders to ensure progress and timely completion of digitisation by the cutoff date.

     

    The Telecom Regulatory Authority of India’s (TRAI) GS Kesarwani was given the task to ask broadcasters to get details of MSOs who were intending to wait till September 2015 before sending requests to broadcasters for agreements in Phase III areas.

     

    On the other hand, Mathur said that the endeavour on the MSOs’ part should be to start using indigenously manufactured set-top-boxes (STBs) in their network.

     

    Kesarwani informed of a review meeting that was held by TRAI on the progress of signing inter-connect agreements for Phase Ill areas with broadcasters and MSOs. He said that three broadcasters namely Star India, Multi Screen Media (MSM) and TV18 – informed TRAI that they had received 55 requests from MSOs so far out of which they have signed commercial deals with two MSOs, whereas deals with 11 MSOs were in advance stages of negotiation.

     

    Kesarwani also urged MSOs who had not received any response to their requests from broadcasters, to inform TRAI.

     

    Saying that the Headend-in-the-Sky (HITS) operations were also covered under DAS regulations, Kesarwani asked HITS operators to apprise TRAI if no response was received from broadcasters to their requests for interconnect agreements.

     

    Apprehending that there may be some gap areas or MSO deficient areas, Jaya asked Indian Broadcasting Foundation (IBF) representatives to get details of these areas from broadcasters and intimate the same to the Ministry.

     

    Meanwhile even as they admitted some progress, representatives of national MSOs said  that broadcasters were asking for seeding plans and other data. However, MSOs were not in a position to provide this at this stage. They said channel pricing in Phase III areas was the main hurdle in signing of interconnect agreements. Some of them said that a few broadcasters had proposed agreements on analogue rates till December 2015 and others on reference inter-connect order rates.

     

    Even according to the TRAI, pricing can be different for different markets, they said.

     

    A representative of Siticable Networks said, “According to an analysis of urban areas carried out by us, it may not be feasible for any operator to carry out digitisation in urban areas having only a few hundred TV households. Even broadcasters are insisting on analogue agreements at present.”

     

    According to an IBF representative, broadcasters had entered into agreements with five regional MSOs. He said, “Broadcasters have filed an appeal in the Supreme Court challenging the TDSAT judgment on the tariff orders issued by TRAI.”

     

    On the issue of STBs, a representative of Consumer Electronics and Appliances Manufacturers Association (CEAMA ) said that no major orders were received by the industry so far from MSOs. On the other hand, while Siticable and Hathway officials said they were in talks with indigenous STB manufacturers, officials of direct-to-home (DTH) companies said that they had procured about three million STBs from Videocon.

     

    The meeting was attended by around 35 persons including some senior Ministry officials and some representatives from state governments.

  • Forensic lab to verify individual’s signatures to decide on MSO-LCO dispute

    Forensic lab to verify individual’s signatures to decide on MSO-LCO dispute

    NEW DELHI: In a rare order, the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has sent to the Central Forensic Science Laboratory (CFSL), New Delhi, two samples of the signatures of an individual to verify whether one is forged as alleged.

     

    Even as a case by Manthan Broadband Services for recovery of certain amounts from Rajarhat Cable Broadband Services was at the threshold stage, the latter produced a purported reconciliation statement dated 12 March, 2015 under which it owed Manthan only a sum of Rs 39,16,407. This statement was contested by Manthan, which also said that the signatures of one Sajal Mistry were forged. As proof, it presented the passport of Mistry.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said they “hoped and expected that the report will be received within one month.”

     

    The matter has now been put up for hearing on 29 September and Manthan has been asked to file its rejoinder to the reply filed by Rajarhat and reply to the counter-claim filed by Rajarhat.

     

    Manthan denied there was any joint reconciliation of accounts. It took the stand that the so-called reconciliation statement was a fake document and the purported signature of Mistry on it was not genuine.

     

    Despite the above statement made on behalf of Manthan, Rajarhat continued to insist that the reconciliation statement was drawn up after a joint exercise and it bore Mistry’s signature working as senior manager with Manthan. 

     

    The Tribunal noted that the two sides were taking diametrically opposite positions on a simple issue of fact and it was clear that one of them is making incorrect statements willfully on oath. 

     

    “In these circumstances, it becomes necessary to find out the genuineness or otherwise of the purported signature of Sajal Mistry on the reconciliation statement dated 12 March, 2015 through a scientific process,” TDSAT said.

     

    Manthan’s counsel produced Mistry’s passport, which “naturally bears his signature that cannot be disputed on any count.”

     

    The Tribunal accordingly decided to have the signatures on the agreement and the passport verified by the CFSL. 

  • TRAI asks pay broadcasters to revise wholesale tariff, even as matter pending in SC

    TRAI asks pay broadcasters to revise wholesale tariff, even as matter pending in SC

    NEW DELHI: Fifty-four pay broadcasters were today asked by the Telecom Regulatory Authority of India (TRAI) to revise their wholesale tariff for the non-CAS (Conditional Access System) and DAS (Digital Addressable System) areas to what existed before the coming into force of the two tariff orders that have been set aside by the Telecom Disputes Settlement and Settlement Tribunal (TDSAT).

     

    TRAI, which also met some of the broadcasters in a meeting today, said the revised tariff should be filed with the Authority within 10 days from the date of receipt of the letter.

     

    The TDSAT order had been challenged before the Supreme Court, which on 16 May declined to stay the order 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.

     

    TDSAT chairman Aftab Alam and member Kuldip Singh said in their order of 28 April that the ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order, 2014’ and ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order, 2014]’ were “untenable.”

     

    The Tribunal also said it thought that 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.”

     

    In its letter placed on its website, TRAI said that the increase of 27.5 per cent in non-addressable systems had led to a similar increase in addressable systems in accordance with the provisions of the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order of 21 July, 2010.

     

    TRAI in the Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order of 31 March, 2014 allowed an inflationary increase of 15 per cent in the wholesale prices for non-addressable systems over the prices prevailing as on 31 March, 2014 to be effective from 1 April, 2014 and 12.5 per cent with effect from January 2015 under the Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order of 31 December, 2014. 

  • Show DAS licence, sign interconnect deal to get Star India signal: TDSAT tells Gurgaon MSO

    Show DAS licence, sign interconnect deal to get Star India signal: TDSAT tells Gurgaon MSO

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has asked Star India to consider giving digital signals to the Gurgaon based multi system operator (MSO) Technobile Systems Network Pvt Ltd provided the latter produces its digital addressable system (DAS) licence and enters into an interconnect agreement.

     

    Passing this directive on a petition by Technobile, TDSAT chairman Justice Aftab Alam said, “It is hoped and expected that in terms of this order the parties shall execute the interconnect agreement and Technobile shall start receiving the Star signals not later than a week from today (15 July).”
     

    Technobile is already receiving Star signals in analogue mode in the municipal areas of Sultanpur, Faizabad, Unnao and Khalilabad. 

     

    The MSO now wants Star’s signals in digital mode in 17 areas (including the above mentioned four areas). 

     

    Star told the Tribunal that it was willing to give its signals to the petitioner in digital mode provided the petitioner produces its DAS licence and enters into interconnect agreement with Star to take its signals at RIO rates and terms.

     

    On execution of the interconnect agreement, Technobile will cease to get signals from Star in analogue mode in the four areas as indicated in the order of the Tribunal of 29 May this year, and consequently shall not be liable to make any payment for analogue signals.

     

    In case Technobile wants Star’s signals in addition to the areas as enumerated in its petition, Star will consider its request in accordance with law and in terms as recorded in this.

  • TDSAT gives Star India option to stop signals to Skynet Digital Services

    TDSAT gives Star India option to stop signals to Skynet Digital Services

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has given Star India the option to stop its signals to multi-system operator (MSO) Skynet Digital Services, noting that it “cannot shut its eyes and let the MSO further indulge in illegal activities.”

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava based their order on an audit report by the Broadcast Engineering Consultants (India) Ltd, which had said the MSO was indulging in illegal activities. 

     

    The Tribunal said it could not shut its eyes on this aspect when the report had come from an “impeccable” source like BECIL, when Skynet counsel offered to rectify the situation and get a fresh audit done.

     

    However, it gave time to Skynet to file its reply to the report within four weeks and set the case for hearing on 5 August.

     

    BECIL in its report had said Skynet was “re-transmitting TV channels in un-encrypted mode and un-authorisedly supplying its signals to another entity M/s Silverline Entertainment after the supply of signals to it has been stopped by Star.”

     

    Earlier, Skynet had challenged the disconnection notice issued by Star under clause 6.1 of the Digital Addressable System (DAS) regulations. TDSAT had disposed the case on 23 April this year stating that the two sides should execute the agreement for the period 1 April, 2014 to 31 October, 2014 at the rate of Rs 40 per CPS. Star may conduct a technical audit of the petitioner’s system and raise its invoices for the aforesaid period at the indicated rate.

     

    However, Star later filed an application making serious allegations against Skynet, after which the Tribunal on 25 May directed a technical audit by BECIL. 

     

    BECIL has said Skynet’s system is not compliant with the statutory regulations. Moreover, the report endorses the allegations made by Star and records highly damaging findings against the petitioner. 

     

    The Tribunal noted that in light of these findings by BECIL, Skynet had made itself liable not only to pay damages to Star but also to face criminal proceedings.