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Tag: TDSAT

  • Sony channels back on Tata Sky after a two-month blackout

    Sony channels back on Tata Sky after a two-month blackout

    MUMBAI: All’s well that ends well. A commercial dispute between Sony Pictures Networks India (SPNI) and India’s DTH premier operator Tata Sky has finally been resolved mutually. All Sony channels, which were dropped from the satellite platform, have returned after two-month partial blackout — much to the relief of the consumers.

    According to industry sources, the terms and conditions of the contract between the broadcaster (SPNI) and the DTH operator (Tata Sky) were mutually resolved, though the exact nature of the financial deal has not been revealed.  

    On 1 October 2018, Tata Sky pulled off 22 SPN channels from the platform, which evoked massive anger among consumers. The DTH platform had retained some of the Sony channels on a-la-carte rates, though.

    According to Tata Sky CEO Harit Nagpal, commercial negotiations with the broadcaster had broken down as deals being sought by SPNI would have forced the distribution platform to hike prices for the consumers. Sony, meanwhile, had claimed that the decision by the leading DTH platform was “unilateral”.

    Earlier, SPN had issued a disconnection notice to Tata Sky on 7 September 2018, which was followed by a public notice on 10 September 2018 detailing the same.

    According to a PTI report, SPNI's three-year contract with Tata Sky had expired on 31 July 2018. After the contract got over, Tata Sky had asked for an extension so the deal could come through and it also tried to reach a new pricing deal after 31 July 2018. The talks had failed at this point.

    Later, the Telecom Disputes Settlement Appellate Tribunal TDSAT heard a case relating to commercial dispute on 11 October 2018 and advised the parties concerned to take four weeks to try and reach a mutually acceptable negotiated agreement.

  • TDSAT asks SPN, Tata Sky to reach an agreement in 4 weeks

    TDSAT asks SPN, Tata Sky to reach an agreement in 4 weeks

    MUMBAI: The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has heard the case on the recent commercial dispute between Sony Pictures Networks India (SPN) and Tata Sky on a failed negotiation. TDSAT heard the case on 11 October and advised the parties to take four weeks to try and reach a mutually acceptable negotiated agreement. Moreover, it also rejected the relief sought by Sony Pictures Networks seeking Tata Sky to carry all its channels.

    “The other interim prayer is to direct the parties to enter into negotiations for a period of at least four weeks. The prayer is with a view to enable the parties to enter into fresh negotiations so as to arrive at a mutually acceptable agreement based on negotiations,” the tribunal said. Even if required, the parties may seek extension of this period as per the order.

    SPN issued a disconnection notice to leading DTH platform Tata Sky on 7 September which was followed by a public notice on 10 September. Following the development, the latter proposed a RIO based agreement effective 30 September midnight for 10 channels only out of which just two channels was accepted by the former.

    Dushyant  Dave,  learned  senior  counsel  appearing  on  behalf  of  the SPN   raised   the  grievance   that  Tata Sky  has  not  been  fair   to  those customers   and   subscribers  who  were   earlier   viewing  the  channels   of  the petitioner  because  it  required  the  viewers   to  give  a  missed  call  on  a  given number  in case  they  wanted  to  view  the  relevant  channel  even  out  of  the  10 channels  selected  by the respondent.

    Kapil Sibal, on behalf of Tata Sky, submitted that if SPN was guided by consumer interest it would not have given a notice of disconnection while the parties had been negotiating renewal of the previous contract of Rs 800 crore. The court also noted that SPN asked for Rs 1700 crore even after losing the IPL rights to Star.

    “On a careful perusal of the relevant materials noted above,  we are of the view that now when the parties are being governed by terms of petitioner's RIO for which respondent has sent its acceptance and such agreement is effective from 01.10.2018 after notice to the viewers and subscribers,  it would not be in the interest of justice or equity to grant any interim relief so as to reintroduce the old agreement even for a period of four weeks as per the interim prayer,” the tribunal said after hearing both the parties.

  • TDSAT grants permission to RCom to sell spectrum

    TDSAT grants permission to RCom to sell spectrum

    MUMBAI: Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has given permission to Reliance Communications (RCom) to proceed with the sale of its spectrum. The telecom company would have to assure bank guarantees worth Rs 2900 crore as demanded by Department of Telecommunications (DoT).
    In its media release, the telecom company confirmed that it will be able to pay the Swedish multinational networking and telecommunications company Ericcsson its Rs 550 crore and the minority investors of Reliance Infratel (RITL) about Rs 230 crore, as agreed by the lenders.

    The official release stated, “Reliance Communications Ltd has been granted relief by the Telecom Disputes Settlement & Appellate Tribunal vide its Interim Order dated 1 October 2018, whereby TDSAT has stayed the demand of Bank Guarantee of Rs 2,900 Crore by the Department of Telecommunications”.
    “38 secured lenders of RCOM Group have already approved the sale of the above spectrum, and the proceeds thereof will be used for making payments to Ericsson India Private Ltd and to RITL Minority Investors, as per settlement terms,” continued the release.
    RCom even criticised the DoT for creating obstructions in the proceedings of the spectrum sale.

  • RCom replenishes bank guarantees of Rs 774 cr with DoT

    RCom replenishes bank guarantees of Rs 774 cr with DoT

    MUMBAI: Four weeks ahead of telecom tribunal’s deadline, Reliance Communications (RCom) and its subsidiaries have reinstated bank guarantees (BGs) aggregating Rs 774 crore with the Department of Telecommunications (DoT) while the deadline was of 10 September.

    The issue stems from the time when DoT issued two show-cause notices to RCom. DoT threatened to cancel its licences in 14 circles and revoke spectrum allotted in 2013 and 2015. The latest move has ensured the non-cancellation of license and spectrum. Following the reinstating, the RCom stock was up 2.3 per cent at Rs 19.94 on the BSE at midday trade Monday.

    “RCom and its subsidiary, Reliance Telecom Ltd, have today reinstated bank guarantees aggregating Rs 774 crore with the Department of Telecommunications (DoT), four weeks ahead of the last date of10 Sep 2018 as granted by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT),” said the telco in a regulatory filing on Monday.

    “The reinstatement of the BGs ensures that RCom’s licence and spectrum value of Rs 11,300 crore stands fully protected, and RCom is fully compliant with the guidelines of NIA 2013 and NIA 2015,” the telco added.

    Earlier RCom moved TDSAT against DoT’s notices and told the tribunal in prior hearings that cancelling licences would push the telco back into insolvency as it would not be able to complete deal with Jio. However, RCom expects to raise Rs 18,000 crore from the deal with Jio.

  • DoT seeks legal view on the Vodafone-Idea merger

    DoT seeks legal view on the Vodafone-Idea merger

    MUMBAI: DoT (Department of Telecommunications) is seeking for legal opinion on the Vodafone-Idea merger in respect to Vodafone’s administratively allocated spectrum holdings. It is also seeking legal opinion on whether this would be wilful disobedience of the court.

    According to the merger and acquisition (M&A) guidelines, for such spectrum holdings of acquired entity, the acquirer has to pay differential between the market determined price and the entry fee.

    Such payments have to be made for 4.4 MHz of spectrum on a pro-rata basis for the remaining period of licence validity.

    The issue now is that, with Vodafone being acquired by Idea, whether DoT should raise the demand on Idea Cellular of the differential amount. 

    Vodafone had challenged these demands with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), but part of the demand i.e. Rs 2,000 crore out of the Rs 6,700 crore had already been paid on the directions of the Supreme Court.

    Also Read:

    TDSAT allows broadcasters to disconnect signals to RBTV

    ISRO, DoT turf wars delaying connectivity reach: govt official

  • TRAI extends submission date for consultation on landing page norms

    TRAI extends submission date for consultation on landing page norms

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has extended the date of submission for comments on its consultation paper regarding landing page norms. The new dates for comments and counter comments are 4 May and 11 May respectively.

    The regulator had issued the consultation paper on 4 April seeking comments and counter comments by 20 April and 27 April respectively. It also mentioned that no further request for extension would be entertained.

    In November 2017, TRAI had issued orders to television distributors to refrain from placing registered satellite TV channels that had subscribed to a TV ratings agency, on the boot-up screen or landing channel. Two days ago, it assured the Telecom Disputes Settlement Appellate Tribunal (TDSAT) that it would withdraw the order and discuss the matter with stakeholders before proceeding on the issue.

    The TRAI diktat, incidentally, had come after a clutch of news broadcasters had made allegations against a fellow TV channel of making use of the boot-up page to manipulate audience ratings and sampling of the product by viewers.

    The landing or the bootup page is what a viewer sees first when a TV set and the connected set-top box are switched on. This page on the screen remains for a certain period of time after which the EPG or the electronic programming guide of the distribution service provider comes up. The landing page, considered hot real estate, usually carries paid advertisements of a TV channel programme or messages (like audience measurement data relating to a particular TV channel or even initial sampling of a new channel). The commercial use of the landing page results in sizable revenue for distribution platforms.

    Also Read :

    TRAI initiates consultation on landing page issue

    TRAI assures TDSAT on withdrawal of landing page order

    TRAI tightens landing-page norms

  • TRAI assures TDSAT on withdrawal of landing page order

    TRAI assures TDSAT on withdrawal of landing page order

    NEW DELHI: Broadcast carriage regulator Telecom Regulatory Authority of India (TRAI) assured the sector disputes tribunal yesterday during a hearing that a November 2017 order pertaining to landing or boot-up page of TV sets will be withdrawn within two weeks and the issue discussed with the stakeholders before any further move on the matter.

    An order of the TRAI in November 2017 banning the use of the landing page for any other activity other than promotion of a distribution platform had been challenged by a few MSOs and broadcasters on the ground that proper process wasn’t followed by the regulator before issuing the directive.

    The TRAI diktat, incidentally, had come after a clutch of news broadcasters had made allegations against a fellow TV channel of making use of the boot-up page to manipulate audience ratings and sampling of the product by viewers.

    The TRAI also informed the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that it had issued a consultation paper on 3 April 2018 to debate and discuss the landing-page issue threadbare with various stakeholders.

    The landing or the bootup page is what a viewer sees first when a TV set and the connected set-top box are switched on. This page on the screen remains for a certain period of time after which the EPG or the electronic programming guide of the distribution service provider comes up. The landing page, considered hot real estate, usually carries paid advertisements of a TV channel programme or messages (like audience measurement data relating to a particular TV channel or even initial sampling of a new channel). The commercial use of the landing page results in sizable revenue for distribution platforms.

    After the TRAI’s submission on the issue on Wednesday, the TDSAT noted that once the regulator withdrew its order, all the petitions would be treated as infructuous. Till then, the tribunal interim order staying the TRAI directive remains in force. The next date of hearing is 7 May 2018.

    While passing the directive in November, the TRAI had said it had received a number of representations from stakeholders stating the practice of placing a registered TV channel—whose audience data was recently released—on the landing page had the potential to influence the TV audience measurements.

    The Ministry of Information and Broadcasting, in a separate order, in the first week of April 2018 had directed audience measurement organisation BARC India to desist from using landing page data of any channel for its overall audience data.

    Also Read :

    TRAI initiates consultation on landing page issue

    MIB directs BARC to stop landing page impressions for measurements

    TDSAT ‘reserves’ order on landing-page case

  • Star India, Dish TV agree on carriage deal

    Star India, Dish TV agree on carriage deal

    MUMBAI: According to media reports, Star India and Zee-backed DTH operator Dish have buried the hatchet and agreed on a new carriage deal. The matter, it appears, has been settled out of court.

    Even before the disconnection date became effective, the broadcaster had moved Telecom Disputes Settlement and Appellate Tribunal (TDSAT) seeking directions for Dish TV to do a reference interconnect offer (RIO) deal.

    The petition was filed on 2 April and on 10 April the two parties submitted before the tribunal that they had settled the matter and had agreed to sign a fresh deal.

    “From the submission of learned counsel for the parties, it appears that matter has been settled outside the Court and the agreement is likely to be signed by the end of this month,” the TDSAT said in an order.

    The fresh deal between Star and Dish TV will also include Videocon d2h as the two companies have merged with effect from 22 March.

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  • Prasar Bharati’s policy on DD Free Dish to be out soon

    Prasar Bharati’s policy on DD Free Dish to be out soon

    MUMBAI: The suspense surrounding Prasar Bharti’s policy on its free direct-to-home (DTH) platform is likely to end soon. The pubcaster has told the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that it will come out with a new policy for DD Free Dish in a few weeks.

    Prasar Bharti made this submission before the tribunal that is hearing petitions filed by broadcasters against Doordarshan’s decision to scrap slot auctions without putting in place a new policy.

    As a result, Prasar Bharati has finally decided to expedite matters by framing a new policy on DD Free Dish.

    “The respondent – Prasar Bharti submits that the respondent is in the process of taking a policy decision in respect of subject matter of these petitions. It is expected that such decision may be taken within few weeks,” the TDSAT noted in its brief order.

    Following Prasar Bharati’s submission, the tribunal has posted the matter under the same head on 28 May. The tribunal also told Prasar Bharati to bring on record any decision that it takes in the meantime.

    “It appears that pleadings are already complete in these matters and there is no requirement of taking any further evidence. However, if there is any subsequent development, the parties will be at liberty to take required steps,” the TDSAT stated.

    Broadcasters have argued that DD can allow channels to continue on Free Dish on pro-rata basis. They also contended that DD’s decision amounts to discrimination as it has earlier granted continuity to channels on a pro-rata basis.

  • TDSAT allows broadcasters to disconnect signals to RBTV

    TDSAT allows broadcasters to disconnect signals to RBTV

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has withdrawn the interim protection granted to direct-to-home (DTH) operator Reliance Big TV (RBTV) by allowing broadcasters to disconnect signals for non-payment of dues.

    The TDSAT order comes as a big blow for the DTH operator, which is already facing the threat of disconnection of feeds to RBTV by Antrix Corporation, which leases satellite capacity on behalf of the Indian Space Research Organisation (ISRO), on April 14th unless its bills are met

    Star India, ZEEL and Sun TV Network have already disconnected signals to RBTV as it has failed to the clear the outstanding dues for months.

    The tribunal’s order means that other broadcasters involved in the matter can disconnect signals to Reliance Big TV in light of the withdrawal of the interim protection.

    The other broadcasters involved in the matter include Discovery Communications India, Sony Pictures Networks Distribution India, India Cast Media Distribution, ABP News Network, and Bennett Coleman & Company Ltd (BCCL).

    “In view of earlier orders giving repeated opportunities to the respondent, we are of the considered view that it may not be in the interest of justice to continue the interim direction against the petitioners. If such interim directions are continued, the amount of dues will be in excess of the amounts for which the petitioner had approached this Tribunal. Hence, the interim protection in favour of the respondents stands withdrawn,” the TDSAT said in its order.

    The tribunal further noted that it will be open for the broadcasters to continue or not to continue with the supply of signals to the DTH operator on the basis of their individual understanding.

    “If there is any remarkable change in the situation, parties will be at liberty to seek interim direction otherwise all these petitions shall be made ready for hearing on the issue of recovery of the money claims,” the tribunal stated.

    It also asked the DTH company to file their reply in all the claims for recovery within five weeks. Time for rejoinder will be considered on the next date. The matter has been posted under the same head on 11 May.

    The DTH operator had assured the tribunal in February that it will settle the claims of all the broadcasters within four weeks. It owes more than Rs 100 crore to multiple broadcasters.