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Tag: TDSAT

  • Post TDSAT order, TRAI issues fresh paper on tariff for commercial subscribers

    Post TDSAT order, TRAI issues fresh paper on tariff for commercial subscribers

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) has 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.

     

    In a paper on “Tariff issues related to Commercial Subscribers”, the regulator has also asked if there is a need to enable engagement of broadcasters in the determination of retail tariffs for commercial subscribers on a case-to-case basis.

     

    The paper has been issued following the directions by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) earlier this year that there was need for a fresh look at tariff orders. Stakeholders have been asked to give their comments by 31 July and counter-comments by 7 August.

     

    TRAI has sought information on 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 also asked if there is 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).

     

    It wants to know if the present framework is adequate to ensure transparency and accountability in the value chain to effectively minimise disputes and conflicts among stakeholders, and what should the practical and implementable mechanism be to ensure transparency and accountability in the value chain. 

     

    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 directs Star India not to disconnect signals to NSTPL

    TDSAT directs Star India not to disconnect signals to NSTPL

    NEW DELHI: Star India has been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) not to disconnect signals to Noida Software Technology Park Ltd (NSTPL) provided the latter makes an on-account payment of Rs 1 crore within one month.

     

    TDSAT chairman Justice Aftab Alam, and members Kuldip Singh and B B Srivastava while admitting the petition by NSTPL made it clear “that this payment is without prejudice to the rights and contentions of the parties.”

     

    Star India was directed to file reply within two weeks. Additionally, a rejoinder, if any, may be filed within one week from the date of receipt of a copy of the reply.

     

    The matter was directed to be heard along with a similar petition which is directed to be listed on 7 August.

  • TDSAT directs Ambala MSO to clear arrears of Rs 72 lakh due to MSM Discovery

    TDSAT directs Ambala MSO to clear arrears of Rs 72 lakh due to MSM Discovery

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has allowed a petition by MSM Discovery for recovery of Rs 71.60 lakh from Ambala Communication, Haryana, which is outstanding dues on account of subscription fees.

     

    TDSAT chairman Justice Aftab Alam and member Kuldip Singh decided the matter ex parte as no one appeared on behalf of the Ambala MSO.

     

    The parties had entered into a subscription agreement dated 7 July, 2010 for a period from 1 April, 2010 to 31 December, 2010. It was stated that the agreement would be automatically renewed on the same terms and conditions provided therein for successive years starting from 1 January and ending on 31 December of the following year unless terminated.

     

    The agreement between the parties was on a subscriber base of 3523, for which subscription fees of Rs 5,55,357 exclusive of taxes (Rs 6,12,498 with taxes) was to be paid.

     

    Following a petition by the MSO in January 2012 asking for reconciling the accounts and for directions to MSM not to impose channels which the MSO did not want, TDSAT had said that the ends of justice would be served if the subscriber base was kept at 6000. (It had been contended by MSM during the hearing that the MSO had entered into an agreement with the Star group of channels at a subscriber base of 10,000).

     

    In the present petition filed by MSM last year, it was contented that in accordance with the directions of the Tribunal, it had raised invoices on the respondent at a reduced monthly subscription fees of Rs 3,72,599 exclusive of taxes (Rs 4,18,652 with taxes) but the MSO continuously defaulted in paying the due subscription fees despite numerous reminders and requests from the petitioner. 

     

    Ultimately, MSM served a notice dated 13 March, 2013 and finally deactivated the signals of the MSO on 17 May, 2013. 

  • TDSAT directs Hathway to not disconnect signals of Siddhi Vinayak Cable Ops Association members

    TDSAT directs Hathway to not disconnect signals of Siddhi Vinayak Cable Ops Association members

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has directed Hathway Cable & Datacom to not disconnect the supply of signals to any of the 16 cable operators who are part of the Siddhi Vinayak Cable Operators Association.

     

    Chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava also directed the MSO and the Association to resolve their problems through mediation and asked them to appear before the Mediation Centre.

     

    Hathway counsel J K Mehta told the Tribunal that his client was equally aggrieved by non-payment of regular monthly subscription fees by the members of the petitioner association. Mehta also stated that the cable operators are liable to make payment @ Rs 115 per STB (exclusive of taxes) prior to packaging.

     

    The Tribunal said the cable operators in turn will continue to make payment of the monthly subscription fees on the basis of the last payment made by them respectively.

     

    The Mediation Centre will try to resolve the disputes between the parties expeditiously and without any unnecessary loss of time, the bench said.

  • TDSAT directs NSTPL to restore signals of cable network on receipt of payments

    TDSAT directs NSTPL to restore signals of cable network on receipt of payments

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has asked Headend in the Sky (HITS) operator Noida Software Technology Park Ltd (NSTPL) to not disconnect signals to Guru Kripa Cable Network subject to the petitioner making certain payments.

     

    Member Kuldip Singh sitting in the vacation bench admitted the petition by the Cable Network.

     

    The Tribunal has directed payment of Rs 60,000 within three weeks from today and another payment of Rs 55,000 within three weeks thereafter.

     

    While the cable network admits dues of Rs 1,13,956, its counsel told the Tribunal that the amount needs to be reconciled since it had made some excess payment earlier.

     

    The Tribunal directed that NSTPL will file its reply within four weeks and rejoinder if any will be filed within two weeks of receipt of the reply.

     

    The matter will now go before the Registrar on 12 August for getting the pleadings completed, framing of issues and if the parties concur, taking evidences etc.

     

    Apart from the payment of the dues, Guru Kripa Cable Network will continue to make payment of the monthly subscription fees on the basis of invoices raised by the NSTPL.

     

     The payments will be without prejudice to the rights and contentions of the parties.

     

    The cable network told the Tribunal that some of their Set Top Boxes have been deactivated by NSTPL and they are not receiving all the channels on the other activated STBs. However, NSTPL counsel Joby Varghese made a categorical statement that all the channels are being given for the activated STBs. However, some STBs for which CAFs have not been submitted by the cable network have been disconnected.   

     

    Varghese stated that these STBs will be activated immediately but the petitioner must supply CAFs for the same, as required by the regulation.

     

    Cable network counsel Mayank Kshirasagar stated that the CAFs will be supplied within two weeks from today.

     

    The Tribunal said its order should not come in the way of the parties meeting to reconcile their accounts. The balance dues, found if any, shall be cleared by the network.

  • TDSAT asks BECIL to include Sun Distribution issues in Digicable audit

    TDSAT asks BECIL to include Sun Distribution issues in Digicable audit

    NEW DELHI: The Broadcast Engineering Consultants (India) Ltd, which had earlier been directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to conduct an audit of Digicable Network in a case filed against IndiaCast, has now been asked to include issues relating to Sun Distribution Services in its audit.

     

    Earlier on 26 May, Sun had been denied permission to carry out an audit of Digicable on an objection raised by Digicable.

     

    However, in a separate order on 29 May, TDSAT had directed BECIL to carry out an audit in a case filed by Digicable against IndiaCast.

     

    The order by TDSAT chairman Aftab Alam and member Kuldip Singh today came on a miscellaneous application by Sun that BECIL may also address the apprehensions and suspicions of the Sun Distribution as regards the technical system of Digicable Network.

     

    The Tribunal said it found the request reasonable and directed that it would be open to having Sun Distribution Services’ representative present at the time of the audit of the Digicable’s system by BECIL.

     

    In case BECIL withholds the audit on the ground that it may damage the systems of Digicable Network, it would ensure that the data from the Subscriber Management System systems concerning Sun Distribution also may not be manipulated to give any false reports in future.

     

    On 26 May, Digicable had urged TDSAT not to allow Sun to undertake its audit on 24 July on the ground that the respondent was currently engaged in the replacement of its SMS.

     

    In the order of 29 May, BECIL had been asked to check and confirm whether Digicable’s Conditional Access System (CAS) and Subscriber Management System at its different headends are properly integrated and correctly and truly reflect its subscriber base. BECIL had also been asked to record the number of subscribers at the different DAS head-ends. BECIL was asked to conduct the technical audit of Digicable’s local areas with a view to find out whether there are any parallel systems running.

     

    Meanwhile in another case, Sun Distribution was asked not to disconnect the signals to Subodhaya Communications Pvt. Ltd. provided Subodhaya made payment of the amount mentioned in the notice as dues (Rs 8,98,544) within 10 days from today.

     

    Apart from the payment of dues, the petitioner shall continue to make payment of the monthly subscription fees on the basis of invoices raised by the respondent.

     

    Listing the matter for 14 July, the vacation bench of TDSAT said the payments would be without prejudice to the rights and contentions of the parties.

  • Star India directed to restore Vishal Cables’ signals subject to Rs 15 lakh payment

    Star India directed to restore Vishal Cables’ signals subject to Rs 15 lakh payment

    NEW DELHI: Star India was today directed by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) to restore signals to Vishal Cable Network provided the latter makes an on account payment of Rs 15 lakh to the company in three equal fortnightly installments.

     

    TDSAT has directed Vishal Cable Network to pay the first installment of Rs 5 lakh in the course of the day and another sum of Rs 5 lakh by 24 June and the third installment for the same amount by 9 July.

     

    The payment “shall be on account and without prejudice to the rights and contentions of the parties.”

     

    The matter will come up on 24 July for further directions.

     

    In the meanwhile, the parties are directed to have reconciliation of accounts to ascertain the exact dues against the petitioner.

     

    The vacation bench of TSDAT chairman Aftab Alam and member B B Srivastava said that during the pendency of this petition, Vishal Cable will continue to make payments of the monthly subscription fees on the basis of invoices raised by Star India.

     

    In case of default in payment of the installments and / or monthly subscription fees as per the invoices of Star India, it will be open to it to disconnect the supply of its signals without any further orders from the Tribunal.

     

    Star India was directed to file the reply within four weeks from today; and rejoinder, if any, may be filed within two weeks from the date of receipt of a copy of the reply.  

    The petition was filed against the disconnection notice of 12 May issued under Clause 6.1 of the 2012 interconnect regulation. In pursuance of the notice, Star India has disconnected the supply of its signals to the petitioner on 5 June.

     

    The disconnection notice is based on the grounds of non-submission of SMS reports, non-payment of license fees and non-cooperation in audit. According to the notice, the dues of license fee against the petitioner amount to Rs 13.2 lakh as on 31 March this year.

     

    Vishal Cable has been directed to give Star India SMS reports for the months of April and May 2015 within two days from today, i.e. 11 June. Star can commence the audit of the Vishal Cable’s technical system on 16 June and the Vishal will offer full cooperation in conduct of the audit.

  • TDSAT asks Taj TV to restore UCN Cable signals subject to dues payment

    TDSAT asks Taj TV to restore UCN Cable signals subject to dues payment

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) today directed Taj Television to restore signals to UCN Cable Network by tomorrow (10 June, 2015) provided the multi-satellite operator (MSO) pays to it a sum of Rs 1.5 crore within a week from today and another sum of Rs 1.5 crore within four weeks from the date of the first payment.

     

    The vacation bench of TDSAT chairman Aftab Alam and member B B Srivastava made it clear that this on account payment “shall be without prejudice to the rights and contentions of the parties.”

     

    This admitted petition was filed against the disconnection notices and according to the notices, Taj TV’s dues against UCN Cable for Digital Addressable System (DAS) and non-DAS areas amounts to Rs 4.4 crore as on 20 April, 2015. In pursuance of the notices, the respondent has disconnected the supply of its signals to the petitioner on 27 May, 2015.

     

    Apart from the aforesaid on account payment, UCN Cable will also pay Taj TV a monthly subscription fees as per the invoices raised by the respondent. In case of default in payment of the installments and / or monthly subscription fees as per the invoices of Taj TV, it will be open to it to disconnect the supply of its signals without any further orders from the Tribunal.

     

    The matter has been listed on 17 July for further directions. Meanwhile, Taj TV was asked to file its reply within three weeks and UCN Cable to file its rejoinder if any within two weeks of that.

  • TDSAT stays MSM Discovery’s disconnection orders against Meghbala

    TDSAT stays MSM Discovery’s disconnection orders against Meghbala

    NEW DELHI: The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) directed MSM Discovery Private Ltd not to give effect to its disconnection notices to Meghbala Cable and Broadband Services Pvt. Ltd. in Kolkata, Behrampur, Haldia and Bankura pending final orders of the Tribunal.

     

    The vacation bench of TDSAT chairman Aftab Alam listed the matter for 20 July, issuing notice to MSM Discovery to file its reply by 3 July and Mebhbala to file rejoinder thereto by 10 July.

     

    The Tribunal said MSM Discover will remove the OSDs running on the petitioner’s network provided the petitioner makes an on account payment of Rs 50 lakh to the MSM in two installments, the first installment of Rs 25 lakh payable by 15 June and the second installment of Rs 25 lakh by 30 June.

     

    It said the payment will be without prejudice to the rights and contentions of the parties and will abide by the final outcome of these petitions. 

  • Supreme Court declines to stay TDSAT order cancelling inflation-linked hike

    Supreme Court declines to stay TDSAT order cancelling inflation-linked hike

    NEW DELHI: The Supreme Court has 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.

     

    While listing the appeal for hearing on 1 July, Justice V. Gopala Gowda and Justice C. Nagappan said it would only consider the matter if matters of law were involved.

     

    Earlier, counsel for the Indian Broadcasting Foundation (IBF) and some broadcasters sought stay on the ground of wholesale price index. They also sought to argue that there was consultation prior to issuance of the Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order, 2014’ and ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order, 2014’ and these were not strictly tariff orders.

     

    However, counsel Vivek Sarin and Aman Lekhi for Home Cable Network, the Centre for Transforming India, Lucknow 9 Cable Network, Good Media News India Pvt Ltd, Sikkim Digital Network and Cable Combine Communication Siliguri said that the wholesale price index could not be applied in this case as WPI was applicable to labourers wages or products that were linked to agriculture since the WPI was fixed on the basis of prices of agricultural products

     

    TDSAT chairman Aftab Alam and member Kuldip Singh said in their order dated 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 the Telecom Regulatory Authority of India (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 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.

     

    Later, IBF supported the order as intervener while other interveners including Direct to Home (DTH) operators, Multi System Operators ( MSOs), and Association of Cable Operators opposed the order on the same grounds as the Appellants.

     

    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 are based on increase in the Wholesale Price Index (WPI). In the Explanatory Memorandum with the Second Amendment to the Principal Tariff Order, it was explained that for making adjustments for inflation Wholesale Price Index (WIP) 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.