ITV

Tag: TDSAT

  • Non-supply of channels: Tata Sky moves TDSAT against Sun TV

    Non-supply of channels: Tata Sky moves TDSAT against Sun TV

    MUMBAI: Tata Sky has moved the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) against the south Indian media major Sun TV Group’s reluctance to make available channels to its direct-to-home platform.

    The petition, filed today before the tribunal, alleges that the Sun TV Group has refused to supply its bouquet of channels to the DTH player. The case is scheduled for the first hearing tomorrow (15 November).

    Tata Sky approached the disputes forum after repeated requests to provide the signals of the channels of Sun’s bouquet of channels on “non-discriminatory terms” proved futile.

    Tata Sky has sought an appropriate direction in the matter from TDSAT, alleging that Sun TV has quoted unreasonable terms for supplying its signals.

    When contacted by Indiantelevision.com, Tata Sky managing director and CEO Vikram Kaushik today refrained from commenting on the development.

    Earlier speaking to Indiantelevision.com, Kaushik mentioned, “We are in talks with Sun TV, the most popular network in the southern states, but no commercial agreement is expected soon. We gave them a proposal and are in negotiations with them. But a deal is still far away.”

    A point of note is that Tata-Sky is simultaneously also battling for Zee-Turner channels. Although the tribunal has directed Zee Turner Ltd, distributors of Zee and other channels, to provide its signals to Tata Sky, the issues of pricing, capacity and other related issues have yet to be sorted out.

    According to the norms laid down by the Telecom Regulatory Authority of India (TRAI), all content should be made available to all delivery platforms on a nondiscriminatory basis.

    Interestingly, Sun TV promoter Kalanithi Maran has set forth plans to enter the DTH space through the still to launch commercially Sun Direct TV. He runs a string of successful channels, which include SunTV, GeminiTV, SuryaTV, UdayaTV, KTV, TejaTV, UsheTV, KiranTV, AdithyaTV, Sun News, KiranTV, GeminiTV, TejaTV, Teja News, Udaya2 and Udaya News.

  • CAS pricing case: TDSAT sets 12 December for next hearing

    CAS pricing case: TDSAT sets 12 December for next hearing

    MUMBAI:The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has fixed 12 December as the date for next hearing in the case filed by broadcasters against the Rs 5 tariff for pay channels set by sector regulator Trai (Telecom Regulatory Authority of India) in a CAS (conditional access system) regime.

    The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has fixed 12 December as the date for next hearing in the case filed by broadcasters against the Rs 5 tariff for pay channels set by sector regulator Trai (Telecom Regulatory Authority of India) in a CAS (conditional access system) regime.

    The pay broadcasters have challenged the two Trai notifications dated 24 August (on carriage fee) and 31 August (channel pricing). They are also contesting the revenue sharing model designed for industry stakeholders by Trai. The sector regulator had specified in the notification that the revenue generated from pay channels leaves the broadcaster with 45 per cent, while the MSOs stays on with 30 per cent and the cable operators get 25 per cent.

    Earlier this year, a division bench of the Delhi High Court had passed an order directing the implementation of CAS with effect from 31 December in the south zones of the three metros – Mumbai, Delhi and Kolkata.

  • SC rejects Radio One plea to retain 92.5 FM in Mumbai

    SC rejects Radio One plea to retain 92.5 FM in Mumbai

    MUMBAI: Radio One 92.5 FM will soon be beaming as Radio One 94.3 FM in Mumbai. This follows the Supreme Court’s upholding of the sector tribunal’s decision to allocate it a new common frequency.

    Radio One, managed by Radio Mid Day and BBC Worldwide, had approached the apex court last week challenging the order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to move it away from its 92.5 MHz frequency to a new common 92.5 MHz one.

    “We found no infirmity in the tribunal order and hence the petition (by Radio One) is dismissed,” a bench headed by Justice BN Aggarwal and Justice PP Naolekar has ruled, according to a Press Trust of India (PTI) newswire report.

    In the case, heard yesterday, the bench also rejected the company’s plea for additional time to switch over to the new frequency of 94.3 FM in Mumbai.

    The radio company had earlier moved TDSAT arguing that allocation of a new frequency would hamper the business as the frequency 92.5 FM has grown to be synonyms to its brand in Mumbai.

    Radio One had also questioned the government’s stand on granting of 92.7 frequency to the Reliance-promoted Big FM (Adlabs Radio) in Mumbai despite the norms of having a difference of at least 0.8 frequency between two stations.

    The tribunal had observed, “The importance of brand name of the broadcaster cannot be underestimated, particularly, in view of the provision in the ‘channel identity’ clause which talks of brand name of the broadcaster. Frequency is not part of the brand name of the petitioner. The petitioner got its brand name changed, which was not objected to by the government. Petitioner’s (Radio Mid Day) popularity is through its brand name. It cannot insist on having a particular frequency number.”

    A point of note is also that though Radio One challenged its being moved to the 94.3 FM frequency, it is already broadcasting on this freqeuncy in Bangalore and Delhi.

    TDSAT had responded by asserting that nobody (as in a rival station) stood to gain anything from Radio Mid Day being shifted to another frequency. Rather it is in the interest of Radio Mid Day that it will have same frequency i.e. 94.3 FM for all the cities for which it has a broadcasting licence (except Ahmedabad for which the petitioner makes no grievance), the tribunal pointed out.

  • Nimbus pegs 2-channel package price at Rs 58

    Nimbus pegs 2-channel package price at Rs 58

    MUMBAI: With the Conditional Access System (CAS) controversy continuing unabated at the broadcasters’ level, Nimbus Sports Broadcast has quoted a premium price for two of its channels at Rs 58 to the sector regulator.

    The newly launched Neo Sports, which debuted on 1 October in some parts of the country, is likely to turn pay ahead of the January 2007 cricket series. This company has priced this channel at Rs 40.

    Even, the yet-to be launched Neo Sports Plus holds a price tag of Rs 40. The company has specified a bundled price of Rs 58 for the two channels.

    The proposed prices are yet to be accepted by the Telecom Regulatory Authority of India (Trai), which in the normal course takes about one month to issue procedural clearance. Interestingly, rival sports channels ESPN and Star Sports are priced at Rs 38 per subscriber for the two-channel bundle.

    The rates at which the two Neo Sports have been pegged are in line with what Nimbus Communications chairman Harish Thawani had told indiantelevision.com in a recent interview: “We are looking to charge a premium price. Broadcasters so far have not had the guts to charge the price that they feel reflects the true value of their product. What I can confirm is that our pricing will be considerably higher than ESPN Star Sports.”

    TDSAT had earlier directed that the rates of the channels available on the direct to home platform (DTH) will cost half the price of what is charged to cable platforms (exclusive of taxes).

    This benchmark judgment was issued with respect to Dish TV vs Star India, wherein the two were haggling over price. The reason for the verdict was attributed to DTH being an addressable system where loss of revenue down the value chain is negligible if not zero.

    The distribution rights for all Nimbus’ sports channels are held by Rupert Murdoch’s Star India and run till 2010. The Star-Nimbus distribution deal will apply to the two sports channels that will be launching by the end of the year as well as any future sports channels from the Neo Sports stable (a sports news channel is also in the pipeline scheduled for debut in the second half of 2007).

    Although Nimbus has proposed the prices of its channels to Trai, it has already created doubts in the minds of the various stakeholders, whether this would be easily accepted by the regulator and if yes, whether it will go down well with the industry.

    Under the CAS notified areas, the two Nimbus channels will be charged as per the ceiling price fixed by Trai.

  • TDSAT declines stay as SET, ESPN and ESS move against CAS pricing

    TDSAT declines stay as SET, ESPN and ESS move against CAS pricing

    MUMBAI: Acting on expected lines, broadcasters have finally taken legal recourse against the Rs 5 tariff that the sector regulator had set as the price for accessing pay channels in a CAS regime.

    Three separate petitions filed against the order of the Telecom Regulatory Authority of India (Trai) by Set Discovery Ltd, ESPN Star Sports (ESS) and ESPN Software India came up for hearing this morning before the apeals tribunal.
    However, the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), which heard the case today, issued no directive to stay Trai’s order.

    A point of note is that of the three petitions that came up for hearing today, two of them were moved commonly by ESS and ESPN Software.

    TDSAT has set the matter for further argument and a possible order on 13 November. The pay broadcasters have challenged the two Trai notifications dated 24 August (on carriage fee) and 31 August (channel pricing).

    The channels have also challenged the revenue sharing model designed for industry stakeholders by Trai. The sector regulator had specified in the notification that the revenue generated from pay channels leaves the broadcaster with 45 per cent, while the multi system operators (MSOs) stays on with 30 per cent and the cable operators get 25 per cent.

    Interestingly, the two major MSOs; Hathway and Hinduja-owned IndusInd Media and Communications have intervened in the appeal in support of Trai’s decision on the CAS pricing.

    For the record, the 24 August notification had mentioned that the carriage fee is to be retained fully by MSOs and can operate throughout a CAS area without any restriction on area of operation.

    Subsequently, SitiCable Networks Ltd (now renamed WWIL) has also filed a petition at the tribunal appealing that the MSO must have a share in the basic tier services fee, which according to Trai notification must be retained fully by local cable operators.

    Earlier this year, a division bench of the Delhi High Court had passed an order directing the implementation of CAS with effect from 31 December in the south zones of the three metros; Mumbai, Delhi and Kolkata.

  • Upscale hotels may have to pay more for pay channels

    Upscale hotels may have to pay more for pay channels

    MUMBAI: If an order issued today by the sector regulator gets implemented, pay broadcasters will now be able to charge “market rates” to more upscale hotels and big commercial establishments that access their channels.

    The Telecom Regulatory Authority of India (TRAI) has identified “hotels with ratings of 3 Star and above, heritage hotels and commercial establishments providing board and lodging and having 50 or more rooms” as falling within the category that “may not need tariff protection.”

    The regulator has grouped the rest of commercial establishments into the residual category and decreed that the same rules that govern ordinary cable subscribers will apply to them also, both in CAS and non-CAS areas.

    The Trai order has decreed that: “For commercial subscribers falling in the first category, there will be no ceiling on pay channel tariff. However, in order to ensure that the choice of individual channels is made available to these subscribers also in CAS areas, the draft amendment order has provisions for commercial subscribers falling in the first category in the form of mandatory offer of channels on a la carte basis with restrictions on the maximum retail prices of individual channel in relation to the prices of bouquets. The tariff for supply of set top boxes is also proposed to be regulated on similar lines.”

    Trai issued the order after the Supreme Court agreed with its argument that in order to ensure an orderly growth of the telecom sector in the country, it was necessary to have differential tariffs for commercial and non-commercial subscribers of conditional access system (CAS).

    Trai’s submission was in response to a petition filed by the Association of Hotels and Restaurants, which challenged an order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that upheld the dual rates.

    Trai has placed the draft Tariff Orders, both for CAS notified areas and non-CAS areas, along with a letter to stakeholders inviting comments by 10 November.

  • Tata Sky starts receiving Zee-Turner channels

    Tata Sky starts receiving Zee-Turner channels

    MUMBAI: It took a rap on the knuckles today by the sector tribunal, but finally, DTH service provider Tata Sky can now claim to have a “complete” channel offering. Zee-Turner this evening provided the signals for its channels after an order issued earlier in the day by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

    “Now they (the Zee-Turner channels) are on,” Tata Sky MD & CEO Vikram Kaushik told Indiantelevision.com. “The channels were delayed by Zee-Turner and the tribunal directed them to provide the signals,” he added.

    Coming down heavily on the distribution network, TDSAT chairman Justice Arun Kumar was quoted by Press trust of India news service as saying, “tricks would not work … at least I did not expect this from you … you are more interested in earning money rather than implementation of the order.”

    During the proceedings Zee-Turner, a 74:26 joint venture between Zee Telefilms and Turner International India, a sister concern of Time Warner, contended that Tata Sky was yet to address issues “regarding territory and piracy” mentioned in their terms and condition, the PTI report said. In its response, Tata Sky accused Zee-Turner of unilaterally deciding the terms and conditions under which they would provide signals.

    Zee Turrner had given an undertaking last Wednesday (20 September) to TDSAT that it would provide all the 32 channels in its bouquet at an interim pricing of Rs 75. Tata Sky is already offering 75 channels at an introductory price offer of Rs 200.

    Zee Turner claims had then told Indiantelevision.com that it had got what it wanted. “We wanted our entire bundle of channels to be taken and at that price. This falls in line with the latest TDSAT directive,” Zee Turner CEO Arun Poddar had said.

    The final hearing will be on 18 October where the issues of pricing, capacity and other related issues will be decided.

    It may be recalled that Zee Turner was willing to provide all its channels at a price of Rs 75 while Tata Sky wanted to select the channels it wants at half the price of cable TV rates.

  • Pay channel rates: HC seeks government response

    Pay channel rates: HC seeks government response

    MUMBAI: The Delhi High Court has issued notice to the central government for its response to a petition filed by Star India challenging the Trai (Telecom Regulatory Authority of India) order capping pricing of pay channels at Rs 5 under conditional access system (CAS).

    The matter will come up for next hearing on 15 November. The court will examine whether Star’s fundamental right to do business in India stands affected by the price regulation.

    Star has the option to approach the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

    “Our writ petition has been admitted by the court and has been slotted for hearing on 15 November. We will only know then if our plea stands accepted or rejected,” says a Star India spokesperson.

    Senior advocate Mukul Rohatgi, appearing for Star, argued that the regulation of broadcasting was beyond Trai’s jurisdiction.

    Star had filed an appeal in the court, challenging the basis of Trai’s recent announcement on pricing for CAS. The matter came up for hearing today.

  • TDSAT directs Zee Sports to restore Incable feed

    TDSAT directs Zee Sports to restore Incable feed

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed Zee Turner Ltd to restore the feed of Zee Sports to Incablenet.

    Incablenet, on its part, will have to deposit a sum of Rs 2 million with the tribunal. The matter will come up for hearing again on 10 October.

    TDSAT has asked Incablenet to, meanwhile, negotiate with Zee Turner and try to conclude the subscription agreement by 10 October. If both the parties fail to conclude a mutually acceptable agreement by then, the tribunal will finally hear the matter and decide the issue.

    Zee Turner raised an apprehension that Incablenet may choose not to enter into an agreement after the DLF cricket tri-series which ends on 24 September. The MSO may get away by paying just a month’s subscription. “The TDSAT has asked us to raise the issue on 10 October, depending upon factual matrix,” says a Zee Turner spokesperson.

    Following TDSAT’s interim order today, Zee Sports will be available on Incablenet’s network in Mumbai, Delhi, Ahmedabad, Nagpur, Nashik and Baroda. For Bangalore, Incablenet already has an agreement with the sports channel.

    Incablenet had earlier moved the TDSAT, arguing that Zee Turner had not served 21-day notice before blacking out the signals of Zee Sports. Zee Turner, which distributes Zee Sports, had submitted its reply yesterday.

    Zee Sports, which has the exclusive rights to the DLF tri-series, has been asking several cable operators to enter into commercial agreements for carrying the pay channel on their networks. The sports channel is priced at Rs 10 a month per subscriber.

  • TDSAT dismisses Radio Mid Day plea for uniform frequency

    TDSAT dismisses Radio Mid Day plea for uniform frequency

    MUMBAI: Radio Mid Day’s hopes of retaining its well known 92.5 MHz frequency hit a wall today after the sector regulator TDSAT dismissed its plea against the government’s decision to withdraw it. 

    The “big” beneficiary of the tribunal’s decision is the Anil Dhirubhai Ambani Group (ADAG)-controlled Adlabs’ Big FM, which has been alloted the 92.7 MHz frequency, as part of its unified frequency regime, to broadcast from 44 radio stations across India. 

    Radio Mid-Day, which manages Radio One (formerly known as Go 92.5 FM), has been broadcasting in Mumbai for around four and a half years on 92.5 FM. This frequency band has grown to be the brand identification, according to Radio Mid Day.

    But, Tdsat observed, “The importance of brand name of the broadcaster cannot be underestimated, particularly, in view of the provision in the “channel identity” clause which talks of brand name of the broadcaster. Frequency is not part of the brand name of the petitioner. The petitioner got its brand name changed, which was not objected to by the government. Petitioner’s (Radio Mid Day) popularity is through its brand name. It cannot insist on having a particular frequency number.”

    Despite refusing to shift to 94.3 MHz, the brand Radio One is already broadcasting on this freqeuncy in Bangalore and Delhi. Tdsat pointed out that nobody makes any gain from the Radio Mid Day being shifted to another frequency. Rather it in the interest of Radio Mid Day that it will have same frequency i.e. 94.3 FM for all the cities for which it has broadcasting licence except Ahmedabad for which petitioner makes no grievance, highlights Tdsat.

    Interestingly, the adovcate fighting the case on behalf of Adlabs had mentioned that Radio Mid Day has to change its earlier allocated frequency in any case because of the non-availability of 92.5 MHz at all.

    This case has been fought over last two weeks. Radio Mid-Day had questioned the granting of 92.7 frequency to Big FM in Mumbai despite the norms of having a difference of at least 0.8 frequency between two stations. Radio Mid-Day had in fact first approached TDSAT seeking a uniform frequency for all its six radio stations across the country, but the government allotted different frequencies to it.

    The information and broadcasting ministry had earlier allocated 94.3 frequency to Mid Day Group for Radio One in Mumbai and other cities except in Ahemabad. But the Mumbai-based company refused to switch to the new frequency asserting that 92.5 FM has grown to be its brand identification.

    How Radio Mid-Day responds to this setback remains to be seen.