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Tag: TDSAT

  • Zee Sports-MSO tussle to deny cricket to Mumbaikars

    Zee Sports-MSO tussle to deny cricket to Mumbaikars

    MUMBAI: Looks like cricket fans in Mumbai will be unable to watch the India-Australia match on Saturday with Zee Sports and the major Mumbai multi-system operators (MSOs) continuing to take a hard stance.

    Even Incablenet’s plea filed in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for restoration of signals was rejected today.

    “Since Incablenet was unwilling to sign the subscription agreement, TDSAT rejected the operator’s plea for interim relief. The next hearing of the case is scheduled for 19 September by which time if an agreement has not been reached between the two parties, then the court will take a decision,” Zee Turner said in a release.

    Incablenet’s argument was that Zee Sports had not served a 21-day notice before blacking out the signals, as required by a regulation prescribed by the Telecom regulatory Authority of India (Trai). The MSO also wanted restoration of the signals as the disconnection was patently illegal.

    “Zee Turner also offered a bulk discount to Incablenet but this was also rejected by the MSO,” the company said.

    The TDSAT has asked Zee Turner to file its reply on Monday following which the next hearing of the case would be on Tuesday.

    “We cannot allow our signals on any of the networks that have not signed the subscription agreement with us, especially since a majority of the country has already signed and is watching the tri-series. Zee Sports has been a pay channel since June 2005 and we have spent a substantial amount of money in acquiring the rights of the DLF Cup tri-series. We have the right to demand subscription fees,” says Zee Turner CEO Arun Poddar.

    “The operators that have already signed the agreement will continue to get the signals for Zee Sports,” Poddar adds. The sports channel, for instance, is on Seven Star, which operates in the western suburbs of Mumbai.

    Zee Sports was made available to viewers in Mumbai for the India-West Indies cricket match yesterday but was once again blacked out from the major cable networks in the evening.

    Sources say the cable operators were willing to sign up for a 10 per cent declaration of Zee Turner’s first bouquet. But this was not acceptable to Zee Turner, the company which distributes a bouquet of channels including Zee Sports.

    Zee Sports has the exclusive telecast rights for the DLF Cup between India, Australia and West Indies. The tri-series will last till 24 September.

  • Broadcasters to file cases individually against Trai order on channel pricing

    Broadcasters to file cases individually against Trai order on channel pricing

    NEW DELHI: A general consensus has emerged in the broadcasting industry that individual pay TV players would legally challenge the sector regulator’s directive on fixing pay channel prices at Rs 5 in CAS notified areas.

    A pay broadcaster today admitted that at a meeting held today under the aegis of Indian Broadcasting Foundation (IBF) there was “unanimity” that the Telecom Regulatory Authority of India (Trai)-mandated prices should be challenged.

    Says Star Group India CEO Peter Mukerjea, “Taking legal recourse is certainly an active option as fixing of prices of non-essential services (like cable TV) is tantamount to encroaching on our fundamental right of doing business.”

    “Since no industry body can move a court or a disputes tribunal challenging the pricing, it has been decided that individual companies will legally challenge Trai’s order,” a member of the IBF today said after the meeting.

    However, it has also been clarified that the onus of challenging the Trai tariff order will lie on individual broadcasters and “every pay broadcaster” need not necessarily legally dispute it.
    “A broadcasting company will have to take its own call on the matter,” another broadcaster-member of the IBF added after today’s meeting, which also discussed draft points on a proposed broadcast legislation being contemplated by the government.

    Broadcasters are also seeking legal opinion on how to approach the whole issue of pricing and whether it would make more sense to approach disputes tribunal TDSAT or high courts in various parts of the country.

    However, with the TDSAT presently being headless and not taking up industry issues, the tribunal might not be top priority for the broadcasters.

    Over the next 15 days, expect a spate of cases in various courts challenging the Trai tariff order on cable TV pricing in CAS areas. Unless, of course, the regulator and the government step in to mitigate another legal imbroglio that threatens to engulf rollout of CAS from 1 January 2007.

  • TDSAT rejects Cable Com’s stay application against Zee Turner

    Kolkata, June 16, 2006: TDSAT on June 14 rejected a stay application filed by Cable Com Services Pvt. Ltd. (Cable Com) for restoration of Zee Turner bouquet channels on its network in Kolkata.

     

    Cable Com, one of the leading cable operators that reaches out to over in Kolkata and suburbs, had an agreement with Zee Turner Ltd. for distribution of the company’s bouquets of 23 channels in Kolkata only. The agreement for distribution if Zee Turner channels including Zee TV, Zee Bangla, Cartoon Network, CNN, CNBC amongst others expired on February 3, 2006 and was due for renewal.

    However, despite repeated requests from Zee Turner, Cable Com failed to sign the requisite agreement and also indulged into unauthorized distribution of Zee Turner signals to other regions besides Kolkata. The operator also failed to entertain the outstanding payments to the company thereby forcing Zee Turner to deactivate its signals on Cable Comm’s network on June 3, 2006.

     

    Following the deactivation of Zee Turner signals, Cable Com filed a petition before TDSAT denying any act of unauthorized distribution/piracy and challenged the de-activation. However, on hearing the arguments of both the sides on June 14, TDSAT rejected the interim application filed by Cable Com and refused to grant injunction to Cable com for restoration of the signals at its network by Zee Turner. As a result of such order the signals of all the channels of Zee Turner Bouquets will not be available on the network of Cable com. The matter is now listed before Honorable TDSAT on July 13, 2006.

     

    With TDSAT rejecting operator’s stay application, Cable Com has started misleading its customers by propagating a fallacious price hike by Zee Turner. The operator since June 13 has been running a scroll on his network stating that Zee Turner has increased the price of its channels by Rs. 43.60, hence the deactivation. On the contrary, there has been no increase in price of channels and the deactivation had been solely due to unauthorized distribution/activities on part of the operator. In fact, the regulatory body TRAI has freezed prices of all the channels/bouquets by various broadcasters and abstains any broadcaster from any sort of price hike.

     

    Mr. Arun Poddar, CEO Zee Turner Ltd., speaking on the issue said,” It is extremely sad that our viewers are being deprived of our channels despite them being paying for these channels. It is also very unfortunate that Cable Com, is misleading our viewers by propagating a false increase in price of our channels. I would like to take this opportunity to inform our viewers that there has been no increase in price of our channels and the deactivation has been purely on account of unauthorized activities being undertaken by the operator. The court’s judgment against Cable Comm is a testimony to this fact.”

     

    About Zee-Turner

    With 14 regional offices a countrywide network of over 400 dealers, Zee-Turner has the maximum depth and width of distribution in the country. Headquartered in New Delhi, Zee-Turner was incorporated in February 2002, when the two media giants – Zee Telefilms & Turner International India Pvt. Ltd. – joined hands to form a distribution joint venture. Zee- urner manages distribution and trade marketing for Zee, Turner as well as third party channels such as CNBC and Reality TV, in India and Nepal.

    Zee-Turner’s comprehensive bouquet already comprises of 26 channels catering to every genre and age, and offering quality national and international content at a very competitive pricing. Some of these include the flagship channels Zee TV, Zee Cinema, Zee News, Zee Café, Zee Trendz, HBO,CNBC, CNN International, POGO, Cartoon Network, and the regional Zee channels, among others.

     

    For further information, please contact:
    Pawandeep Kaur
    Corporate Communication
    Zee-Turner Ltd.; Ph: 011-55563213; 9899796960
    Fax: 011-26779350
    Email: <mailto:kaurp@zeeturner.com> kaurp@zeeturner.com

  • Zee Sports back on Hathway; Incable blackout stays

    Zee Sports back on Hathway; Incable blackout stays

    MUMBAI: Zee Sports is back on Hathway Cable & Datacom in Mumbai, but has reached no agreement yet with Incablenet.

    The case with Incablenet comes up for hearing in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) tomorrow. Incablenet had moved the TDSAT, seeking restoration of signals as “Zee Sports had not served a 21-day notice before blacking out the signals.”

    Sources say signals, however, were restored to Hathway today as the multi-system operator (MSO) had agreed to enter into a commercial agreement.

    Zee Sports was put back on cable networks in Pune after the Pune District Consumer Disputes Redressal Forum directed Zee Sports to restore the signals till further hearings on 21 September. Zee had restored the signals in Pune following the order, but moved the Commission.

    Zee Sports has the exclusive telecast rights for the DLF Cup between India, Australia and West Indies. The tri-series will last till 24 September.

  • Dish, Star DTH cases: SC declines interim order

    Dish, Star DTH cases: SC declines interim order

    NEW DELHI: The Supreme Court today refused to pass any interim order on petitions filed by Dish TV and Star India relating to a disputes tribunal directive on channel pricing for the DTH platform.

    The apex court admitted both the petitions, but is yet to decide on the next date of hearing.

    Dish TV, the country’s first pay DTH platform, had petitioned to get Star channels at a cheaper rate than what had been directed by TDSAT (Disputes Settlement and Appellate Tribunal). On the other hand, Star’s contention was that the disputes tribunal had no jurisdiction over pricing issues and had accordingly sought a stay on TDSAT’s order.

    An executive of Dish TV said, “We’d have to wait for the court directive. But in the meantime, a deal with Star can be concluded at the prescribed rate of Rs 27 per subscriber.”

    Earlier, TDSAT had said that Star should make available its channels to Dish TV at half the rate at which they are available to cable ops presently. This worked out to RS 27 per subscriber.

    It was only yesterday that Star delivered to Dish TV the integrated receiver decoder boxes that would enable the DTH operator to access its channels for redistribution purposes.

  • Star offers to shake hands with Dish TV

    Star offers to shake hands with Dish TV

    NEW DELHI: Star and Dish TV move towards a consensus by shaking hands even as the launch of Tata Sky’s DTH service is imminent.

    A day before the Supreme Court is to hear a case on channel pricing, Star today delivered to Dish TV, country’s first pay DTH platform, the integrated receiver decoder boxes that would enable the DTH operator to access Star channels for redistribution purpose.

    Some formalities are yet to be completed, both the companies said.

    Dish TV CEO Sunil Khanna added, “It might take a couple of days for us to start beaming the Star channels on the platform as the boxes need to be tested.”

    As per a directive of the disputes tribunal TDSAT (Telecom Disputes Settlement and Appellate Tribunal), Star has offered its channels to Dish TV at Rs 27 per subscriber a month. Dish would also not pay any minimum guarantee money to Star.

    A spokesperson for Star India said that in deference to TDSAT directive an offer was made to Dish TV despite the latter moving the Supreme Court on the tribunal order.

    Not clear at the moment is what would happen to a Supreme Court case, which was filed by Dish TV some time back. Dish had petitioned that instead of Rs 27, the Star channels should come to it cheaper as Star had offered its channels to Dish some years back at one-fourth the price paid by cable ops.

    The price of Rs 27 fixed by TDSAT for Star bouquet of channels is 50 per cent of Rs 54 that a cable operator presently pays.

    Dish TV sources said the Supreme Court case is likely to continue, but is unlikely to have much of a bearing on the present truce called by Dish and Star. The apex court will be hearing the Dish TV petition on 4 August.

    Dish TV has been waging a legal battle for over a year to get Star and Sony-Discovery channels on its platform. The Sony-Discovery One Alliance recently signed up with Dish TV.

    Meanwhile, Dish’s Khanna said that a price revision of the monthly subscription would be decided in a few days time. “In all probability, Star Plus and other popular channels would be part of Dish TV’s basic tier of service, which also includes other mass general entertainment channels like Zee TV, Sony and HBO.”

  • Dish TV moves Supreme Court over Star channels’ pricing

    Dish TV moves Supreme Court over Star channels’ pricing

    MUMBAI: The country’s only private direct-to-home operator Dish TV has moved the Supreme Court seeking relief in regards to TDSAT’s (Telecom Disputes Settlement and Appellate Tribunal) recent ruling that Star India will have to distribute the signals of all its channels at half the price at which they are available to cable operators.

    Dish TV, in its petition filed yesterday before the apex court, has sought further modifications in the price rate for accessing Star channels.

    The petition spells out that Dish TV is open to the offer that Star India had come up with in the year 2002 for all the Star channels. According to the Dish plea, the offer then was that all the Star channels will be made available to Dish TV subscribers at one-fourth the rate at which they are available to cable operators.

    While issuing its order last Friday, TDSAT had said, “We have no basis to lay down the actual rates per channel, which we feel is the prerogative of Trai. However, to begin with, we feel that 50 per cent of the rates being charged for cable platform be made applicable to the DTH platform.”

    The ball is now in Star India’s court on how t

  • Tata-Sky approaches TDSAT against Zee over bouquet pricing

    Tata-Sky approaches TDSAT against Zee over bouquet pricing

    MUMBAI:There seems to be no end to the thrust and parry going on over the DTH airwaves. Close on the heels of Dish TV wresting a favourable decision against Star India, Tata Sky has moved the Telecom Disputes Settlement And Appellate Tribunal (TDSAT) — against what it terms as Zee’s exhorbitatnt terms for providing its network channels to its still-in-the-pipeline DTH service.

    The petition by Tata Sky before the appellate tribunal makes Zee Turner Ltd, Zee Telefilms Ltd,Turner International India and Dish’s managing company ASC Enterprises LTD as party to the case.

    The Tata Sky petition alleges that the Zee Group has denied supply of Zee Turner bouquet of channels to the former’s yet-to-be-launched DTH service under reasonable terms.

    The petitioner has sought “to obtain appropriate direction for the signals of the channels,” alleging that respondent Zee Turner has quoted unreasonable terms for supply of its signals to Tata Sky.

    Contacted by Indiantelevision.com, a senior executive at Dish TV today refrained from commenting on the issue, saying, “We have yet not received any direction from TDSAT.”

    The disputes tribunal has given the respondents three days from the day they receive an official intimation to file its replies.The next date of hearing is 25 July 2006.

    As per regulatory norms, all content should be made available to all delivery platforms on a non-discriminatory basis.

    Last week, the tribunal had delivered a verdict laying down benchmark rate for channel prices for DTH platforms, while directing Star to make available its channels to Dish TV.

    Main respondent Zee Turner is a 74:26 distribution joint venture between Zee Telefilms and Time Warner company Turner International India.

    The cable pricing of the two Zee-Turner bouquets is Rs 83.65 plus service tax. Zee-Turner’s bouquet one comprises Zee TV, Zee Cinema, Zee Movies, Zee English, CNN, Cartoon Network, CNBC, Trendz, Reality TV, Zee Marathi, Zee Punjabi, Zee Bangla and Zee Gujarati and is priced at Rs 58.85 per subscriber/per month. The second bouquet carries HBO, Vh1, Pogo, Zee Business and Awaaz, which is available at Rs 25 per subscriber/per month.

    Tata Sky’s complaint before TDSAT is that Zee is seeking the same pricing terms for supplying its channels to its DTH service as is its cable rates.

    In what manner TDSAT responds to the Tata Sky complaint will be watched with close interest. After all, in its earlier order in favour of Dish TV, TDSAT, while directing the sector regulator to set a benchmark for channel prices for DTH services, said that Star channels should be made available to Dish TV at half the price at which they are available to cable operators.

    The tribunal’s reasoning in the earlier case was that DTH is an addressable system where loss of revenue down the value chain is negligible, if not zero.

  • Zee scrip gains following TDSAT verdict

    Zee scrip gains following TDSAT verdict

    MUMBAI: Sector regulator TDSAT’s direction to Star India, to make available all its channels to Dish TV, today boosted Zee Telefilms’ fortunes on the bourses.

    The Zee Tele scrip recorded a gain of 5.49 per cent on the Bombay Stock Exchange (BSE), up by Rs 13.70 to close at Rs 269.70, after hitting an intra-day high of Rs 272.15 early on.

    At the National Stock Exchange (NSE), Zee went up by Rs 14.05, to close at Rs 269.85. The prices have almost touched Zee’s 52 week high of Rs 273.9 (BSE) and Rs 274.85 (NSE). This is the highest level the scrip has reached in the last one month.

    BSE saw Zee Telefilms recording a volume trade of 1,709,876, while, at the NSE the volume traded stood at 1,978,618.

    In an order passed this morning, TDSAT, while directing the sector regulator to set a benchmark for channel prices for DTH services, said that Star channels should be available to Dish TV at half the price at which they are available to cable operators. The reason for this, according to TDSAT, is that DTH is an addressable system where loss of revenue down the value chain is negligible if not zero.

  • TDSAT to Star: give channels to Dish TV

    TDSAT to Star: give channels to Dish TV

    MUMBAI: In another 15 days time, all Star channels may well be made available to the country’s only private direct-to-home operator Dish TV.

    Subhash Chandra’s DTH service Dish TV has won a favourable judgment from by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in this regard. As per the tribunal’s directive, Star India will have to distribute the signals of all its channels to Dish TV.

    In an order passed this morning, TDSAT, while directing the sector regulator to set a benchmark for channel prices for DTH services, said that Star channels should be made available to Dish TV at half the price at which they are available to cable operators.

    The reason for this, according to TDSAT, is that DTH is an addressable system where loss of revenue down the value chain is negligible if not zero.

    An interpretation of this observation on rates would mean that all Star channels (comprising bouquets I & II) will cost Dish TV Rs 27 exclusive of taxes, as against the cable operators paying Rs 54 per subscriber/per month.

    While issuing the order, which had been kept reserved since 5 July when arguments concluded, TDSAT said, “We have no basis to lay down the actual rates per channel, which we feel is the prerogative of Trai. However, to begin with, we feel that 50 per cent of the rates being charged for cable platform be made applicable to the DTH platform.”

    Reacting to the developments, a jubilant Zee Telefilms vice-chairman and Dish TV business head Jawahar Goel said, “The verdict vindicates our position. We will be sending a letter to Star by tomorrow requesting them to conclude an agreement for their channels.” Everybody should respect the law of the land, Goel added.

    Said a Star India spokesperson, “We have received the judgment of the TDSAT in the matter of ASC Enterprises vs. Star India Pvt. Ltd. earlier today and we are now in the process of examining it in detail.

    “The judgment comes at an opportune time as we believe it will help in clearing the air on a number of critical areas that impact addressable systems in general and DTH in particular and will be a positive impetus to their development. However, it appears to us that there may be some specific areas within the judgment that will require further clarification.

    “Our intention is to seek clarification on these areas at the earliest opportunity and make a response accordingly. Star has been and will continue to be an active supporter of all addressable platforms and will work with them to ensure that the viewer’s interests are best served.”

    Interestingly, TDSAT has also said that no minimum guarantee needs to be given by Dish TV for the Star channels and the payments would be made on actual number of subscribers.

    It directed Dish to submit a list of subscribers from the subscriber management system (SMS) every month to Star — a model that TDSAT said would be applicable to all DTH operators entering into commercial deals with broadcasters.

    Respondent Star had pointed out that the minimum guarantee requirement is an internationally prevalent norm in the DTH industry as it incentivizes the DTH operator to ensure higher subscribers.

    TDSAT, in its order has said that in case of any denial of the signals, the DTH operator may approach the tribunal for further relief.

    For the record, Chandra’s ASC Enterprises, which holds a DTH licence, had moved TDSAT alleging that Star India was delaying making available its channels in breach of a regulatory order that states all content should be made available to all platform on a non-discriminatory basis.