ITV

Tag: TDSAT

  • Setting up broadcast regulator to cost government Rs 601 million

    Setting up broadcast regulator to cost government Rs 601 million

    NEW DELHI: The proposed Broadcast Regulatory Authority of India (Brai) is likely to cost the government Rs 601.1 million to set up, which includes recurring and non-recurring expenses.

    According to projections made by the information and broadcasting ministry, the annual cost on pay and allowances of officers and staff of Brai would be Rs 85.7 million, with the chairperson’s remuneration being the highest wherein the monthly financial implication would be Rs 60,000.

    Non-recurring expenses have been pegged at Rs 124.7 million, which include basic infrastructure for Brai. The Indian government is proposing to set up Brai under the yet to be enacted Broadcasting Services Regulation Act. The functions of Brai will be to oversee the broadcast and cable industry in all its entirety with powers ranging from granting licences for any type of broadcasting services to ensuring quality of services to monitor content beamed on radio and TV channels.

    It has also been proposed that Brai have five regional offices in Delhi, Mumbai, Chennai, Kolkata and Guwahati.

    There would be six full-time members of the regulatory authority, apart from the chairperson, with everybody’s term of office being for five years or till the time they attain the age of 65 — whichever being earlier.

    The chairperson or any other member would not be eligible for a second term, but a member can be eligible for appointment as chairperson for the remaining part of his term.

    Even though Brai is being set up as an independent organization, the government would keep a control over it through a government official of not less than additional secretary’s rank who will act as the chief executive of Brai.

    A draft note, prepared by the government, states that the secretary of Brai would act as its CEO and the federal government would make available a panel of not less than three officials for a selection to be made.

    All broadcast and cable related cases pending before the Telecom Regulatory Authority of India (Trai), presently acting as the broadcast regulator, and the Telecom Disputes Settlement Appellate Tribunal (TDSAT) will be deemed as transferred to Brai once it is set up.

  • TDSAT puts a lock on any DTH operator carrying Star channels

    TDSAT puts a lock on any DTH operator carrying Star channels

    MUMBAI: As the second direct-to-home player Tata Sky gears for launch, the Telecom Disputes Redressal and Settlement Tribunal (TDSAT), in an interim order passed today, has ruled that Star channels will not be made available to any other DTH platform.

    The development took place as Star India gave an undertaking in this regard to the disputes tribunal, which posted the case for hearing on 3 July on a petition filed by the Subhash Chandra-owned Dish TV.

    If this order is interpreted in another way, it could also mean that Tata Sky would not be able to launch before 3 July and if it does so, it would have to do without the Star channels. Its test signals for the service also would not carry any Star channels till 3 July.

    Contacted by Indiantelevision.com, a Tata Sky spokesperson refused comment saying they had not received any notification from the tribunal on the matter. Star officials also declined to comment.

    The Chandra-promoted ASC Enterprises, which owns a DTH licence to operate a service under Dish TV brand, had moved TDSAT on 25 April alleging that Star was flouting the sector regulator’s (Telecom Regulatory Authority of India – Trai) diktat on making available all content to all platforms on flimsy grounds.

    The ASC petition states, “The unreasonableness on the part of the respondent is evident from the fact that the respondent has laid down impracticable and unreasonable terms and conditions for supply of its bouquet of channels.”

    The petition also mentions that discussions with Star were initiated by Dish TV in December 2004. Star is 20 per cent shareholder in Tata Sky, while the remaining stake is held by the Tatas.

    Meanwhile, Dish TV’s negotiations with Discovery-Sony joint venture One Alliance, which distributes signals of channels such as Sony, MTV, Nick, SET Max, Discovery to name a few, too, has not been concluded despite industry sources indicating that a formal announcement was due any time.

    Dish TV has also won a favourable judgement from TDSAT that has directed MTV Networks to make available MTV and Nick to Dish TV on a commercial basis. MTV has appealed against this order in the Supreme Court.

  • TDSAT rules in favour of ESPN in dues dispute with ICC

    TDSAT rules in favour of ESPN in dues dispute with ICC

    MUMBAI: ESPN Software India has won its case against Pune’s biggest MSO Intermedia Cable Communication (ICC) for recovery of dues that go back to December 2004.

    In what is being described as a landmark judgment, the Telecom Disputes Settlement Appellate Tribunal (TDSAT), which was hearing the case on a complaint filed by the sports broadcaster late last month, has directed ICC to clear of its pending dues even in the absence of any written contract.

    The dues under dispute cover the the period 5 December 2004 to 8 June 2005 when the operator was provided signals even though the agreement between the two companies had expired as of 5 December 2003.

    TDSAT has ruled that since the signals were continued beyond the date of termination of the agreement, the subscription fee for the period be kept at the old rate of Rs 32 per subscriber. This amounted to a monthly subscription of Rs 1,272,000 per month that was owed to ESPN for the period under dispute.

    The Tribunal has directed ICC to pay ESPN Rs 7,221,000 in three equal monthly installments payable on 1 June, 1 July and 1 August respectively. In its order, TDSAT indicated that since the MSO had argued that it was facing a a problem of recovery of money from the ground, a point not denied by ESPN, it was giving the operator three months to clear the dues.

    Any further delays would make ICC liable to pay additional interest at 12 per cent per annum, the Tribunal has ruled.

    Commenting on the development, ESPN’s CFO Vijay Rajput said, “This is a landmark judgment. This judgment will act as a precedent wherever the cable operators arm twist broadcasters under the pretext of negotiations.”

    During the course of the hearing, an interesting point that came up was that the relations between the two parties turned sour following the alleged disconnection of signals by ESPN for four days in January 2004 at the time of the India–Australia cricket series followed by another disconnection in June 2004 for two days at the time of the Euro Soccer Football matches. ICC had claimed that the two signal disruptions were done despite excess subscription amounts having been made to ESPN.

    The MSO argued that it paid subscription w.e.f 5 December 2003 at the old rate despite not being able to collect the amounts from the ground. The crux of its argument was however that since no fresh agreement was entered into after the expiry of the contract on 5 December 2003, ESPN was therefore not entitled to make any claim for the period 5 December 2004 to 5 June 2005.

    ICC in its counter affidavit had stated, “The Tribunal has no jurisdiction to entertain this petition; that the service contract dated 5 December 2003 provides for arbitration, and that ESPN even though a company incorporated in India is in reality foreign controlled, as such, it has no right/locus standi to enter into agreement with any of the companies in India without permission from the government of India”.

    Responding to the objections raised by the MSO, the Tribunal stated that it had the jurisdiction to adjudicate on this matter.

  • Dish TV appeals to govt against MTV, Nick

    Dish TV appeals to govt against MTV, Nick

    MUMBAI: Subhash Chandra’s DTH service Dish TV has upped the ante by invoking government help in getting those TV channels on board who have refused to do so till now.

    Dish TV’s wrath has been particularly directed at MTV and Nick with which the former has been fighting a legal battle since last year.

    In a letter to the information and broadcasting ministry, Dish TV has petitioned that despite sector regulator’s directive on making available content to all platforms and a favourable judgement from disputes tribunal TDSAT, the “conduct of MTV” has been “clearly in violation” of the interconnection regulation of 2004.

    Dish TV’s parent ASC Enterprises has contended despite carrying on commercial negotiations with MTV Networks India for several months, the content provider and its distributors in India (One Alliance) have stalled any fruitful conclusion of such talks.

    The Dish TV letter to the government states, “We would request you to take cognizance of the consistent refusal of MTV Networks to provide the channels, MTV and Nick, on our DTH platform and non-compliance of the interconnect regulation of Trai (Telecom Regulatory Authority of India)
    and the order of TDSAT before the registration certificate for downlinking of (the) channels is granted to the broadcaster.”

    The government while acknowledging the letter from Dish said it hasn’t taken a view on the issue yet.

    In a related development, an executive of Dish TV said it will be “placing the execution appeal” at the TDSAT within few days.

    Contacted by Indiantelevision.com, MTV senior vice-president, network development South Asia (licensing and merchandising) Sanjeev Hiremath, refused to comment saying the matter relating to Dish TV was subjudice.

    A spokesperson for Discovery-Sony joint venture One Alliance today said that negotiations with Dish TV have been continuing fruitfully and are “likely to be concluded in a few days time.”

    ASC Enterprises, the DTH licence holder for Dish TV, had moved TDSAT in 2005 against MTV’s refusal to provide its channels for the DTH platform.

    Early this year, TDSAT directed MTV to make available its channels to Dish TV on a commercial basis within 30 days by 10 March, 2006.

    MTV Networks appealed against the TDSAT order in the Supreme Court, which admitted the appeal, but did not stay the disputes tribunal’s order.

    During the last hearing on 9 May, the apex court said the case would be taken up again on 12 July after the summer recess.

    Dish TV has also moved the TDSAT against Star India on similar grounds of noncompliance of interconnect regulations.

  • Dish moves court against Star

    Dish moves court against Star

    NEW DELHI: Court cases are buzzing all over the place in the media sector as deadlines for various guidelines, including adhering to downlink norms, near.

    In its first direct salvo against the Hong Kong-based Star Group, the Subhash Chandra-promoted ASC Enterprises, owners of the Dish TV DTH service in India, has moved the disputes tribunal against the former’s reluctance to make available Star channels to its platform.

    “It is respectfully submitted that the present petition has been filed due to the refusal on the part of the respondent (Star Group through Star India) to supply its bouquet one channels to the petitioner on reasonable and non-discriminatory terms,” the petition states.

    Filed today at the Telecom Disputes Redressal and Settlement Tribunal (TDSAT), the ASC petition adds, “The unreasonableness on the part of the respondent is evident from the fact that the respondent has laid down impracticable and unreasonable terms and conditions for supply of its bouquet one channels.”

    Contacted by indiantelevision.com, a Star India spokesperson said, “Negotiations are on with Dish TV. Beyond that we cannot comment as we have not heard from TDSAT yet.”

    The petition has been filed as Telecom Regulatory Authority of India (TRAI) in an order has mandated that all content should be made available to all delivery platforms on a non-discriminatory basis.

    Justifying its action of approaching the TDSAT, the petition seeks “appropriate directions against the acts of omission and commission” of Star, including its failure to provide on request the signals of the channels of its first bouquet “on reasonable and non-discriminatory terms.”

    Bouquet one of Star consists of channels like Star Plus, Star Movies, Star News, Star World, Star Gold, Channel [V], National Geographic Channel, The History Channel and Vijay TV.

    The second bouquet — the formation of which was necessitated owing to certain directions from the sector regulator in an effort to control cable TV prices — comprises Star One, Hungama, The Disney Channel and Toon Disney.

    What is interesting is that the Chandra company has decided to take on one time ally-turned-competitor with a vengeance.

    The petition not only states that discussions with Star were initiated by Dish TV in December 2005, but also insinuates that the delay in concluding a commercial agreement is deliberate as the respondent is a joint venture partner in another DTH service, Tata Sky, proposing to start operations later this year.

    Interestingly, Dish TV has won a favourable direction from TDSAT in a similar case involving MTV.

    Discovery-Sony distribution joint venture One Alliance, which comprises MTV and sibling channel Nick, is said to be close to striking a deal with Dish TV for its channels that include the likes of SET, MAX, Discovery and AXN.

  • Dish moves TDSAT against Star

    Dish moves TDSAT against Star

    NEW DELHI: Court cases are buzzing all over the place in the media sector as deadlines for various guidelines, including adhering to downlink norms, near.

    In its first direct salvo against the Hong Kong-based Star Group, the Subhash Chandra-promoted ASC Enterprises, owners of the Dish TV DTH service in India, has moved the disputes tribunal against the former’s reluctance to make available Star channels to its platform.

    “It is respectfully submitted that the present petition has been filed due to the refusal on the part of the respondent (Star Group through Star India) to supply its bouquet one channels to the petitioner on reasonable and non-discriminatory terms,” the petition states.

    Filed today at the Telecom Disputes Redressal and Settlement Tribunal (TDSAT), the ASC petition adds, “The unreasonableness on the part of the respondent is evident from the fact that the respondent has laid down impracticable and unreasonable terms and conditions for supply of its bouquet one channels.”

    Contacted by indiantelevision.com, a Star India spokesperson said, “Negotiations are on with Dish TV. Beyond that we cannot comment as we have not heard from TDSAT yet.”

    The petition has been filed as Telecom Regulatory Authority of India (TRAI) in an order has mandated that all content should be made available to all delivery platforms on a non-discriminatory basis.

    Justifying its action of approaching the TDSAT, the petition seeks “appropriate directions against the acts of omission and commission” of Star, including its failure to provide on request the signals of the channels of its first bouquet “on reasonable and non-discriminatory terms.”

    Bouquet one of Star consists of channels like Star Plus, Star Movies, Star News, Star World, Star Gold, Channel [V], National Geographic Channel, The History Channel and Vijay TV.

    The second bouquet — the formation of which was necessitated owing to certain directions from the sector regulator in an effort to control cable TV prices — comprises Star One, Hungama, The Disney Channel and Toon Disney.

    What is interesting is that the Chandra company has decided to take on one time ally-turned-competitor with a vengeance.

    The petition not only states that discussions with Star were initiated by Dish TV in December 2005, but also insinuates that the delay in concluding a commercial agreement is deliberate as the respondent is a joint venture partner in another DTH service, Tata Sky, proposing to start operations later this year.

    Interestingly, Dish TV has won a favourable direction from TDSAT in a similar case involving MTV.

    Discovery-Sony distribution joint venture One Alliance, which comprises MTV and sibling channel Nick, is said to be close to striking a deal with Dish TV for its channels that include the likes of SET, MAX, Discovery and AXN.

  • SC ruling gives FM lifeline to Millenium Broadcasting

    SC ruling gives FM lifeline to Millenium Broadcasting

    MUMBAI: There’s hope yet for Millenium Broadcasting, one of the early entrants into the FM scene in Mumbai with its Win 94.6 station, but which has been off air since May 2004.

    The Supreme Court has thrown a lifeline to the Gautam Radia promoted private radio venture in its long drawn battle with the government, initially fought through the Telecom Disputes Settlement Appellate Tribunal (TDSAT).

    The apex court, which heard the case last week, has ruled in Millenium Broadcasting’s favour, concurring with TDSAT’s judgment in the matter. TDSAT had earlier ruled that the government shall not auction the frequency 94.6 MHz and that the company was entitled to broadcast FM radio within the territory of Mumbai.

    In its ruling, TDSAT had also ordered that Millenium Broadcasting was entitled to the benefit of migration from fixed licence fee regime to revenue sharing regime under the second phase of the FM radio policy, which grants this benefit to the existing license holders.

    For the record, the licence of Millenium Broadcast Pvt Ltd was revoked in May 2003 for non-payment of licence fee. Subsequently, in September 2005, the government had invited pre-qualification bids for 338 FM channels in 91 cities across the country, including five FM stations in Mumbai.

    After hearing Millenium Broadcast’s plea in the matter, TDSAT issued an order in October 2005 stating that the frequency shall be excluded from the ambit of the five FM channels in Mumbai that were up for bidding.

  • ESPN moves TDSAT against Pune cable op ICC for recovery of dues

    ESPN moves TDSAT against Pune cable op ICC for recovery of dues

    MUMBAI: ESPN Software India has approached the Telecom Dispute Settlement Appellate Tribunal (TDSAT) for recovery of dues from Pune’s biggest cable operator Intermedia Cable Communication.

    ESPN, in its petition to TDSAT, claims that the amount pending from the ICC for the signal provided between December 2004 and June 2005 is approximately Rs 7.7 million plus 12 per cent interest.

    However, ICC in its response filed today before TDSAT, claims to have orally communicated to the broadcaster that ESPN was free to discontinue its signals, and has argued that it is therefore not liable to pay any amount.

    ESPN has filed the case at TDSAT ahead of Fifa World Cup 2006, which will kick off from 9 June.ESPN had entered into an agreement with ICC to distribute signals for the period December 2003 up to December 2004. Following the expiry of the agreement, the two did not sign any fresh deal and ICC continued to distribute the ESPN signals till June 2005.

    ICC, in its reply today, states that it had orally communicated to ESPN not to distribute the signals anymore. And thus ICC is not liable to pay any amount for the period December 2004 to June 2005.

    Speaking to Indiantelevision.com, an ICC spokesperson said, “The case will be heard at Tdsat soon and thus it will be known if there is any amount due.”

    But, according to ESPN officials, “We have filed for recovery of money for services render.”

    It is worth noting here that in December 2004, broadcast regulator Telecom Regulatory Authority of India (Trai) had allowed for a 7 per cent increase (basic tariff excluding taxes) in cable rates. The change in tariff was effective from 1 January, 2005.

    According to sources close to the developments, ESPN has to prove before TDSAT that the signals distributed to ICC have been passed to consumers and that the latter has collected money for the same. The ICC has declared a subscriber base of approximately 39,750 in Pune.

    TDSAT will be hearing the matter on 9 May — Petition No. 91(C) of 2006 ESPN Software India Pvt Ltd vs Intermedia Cable Communication Pvt Ltd.

  • Trai issues paper on cable tariffs for commercial purposes

    Trai issues paper on cable tariffs for commercial purposes

    NEW DELHI: In a bid to bring about a semblance of difference between cable TV pricing for commercial purpose (like in Hotels) and home subscribers, Telecom Regulatory Authority of India (Trai) today issued a consultation paper to discuss the issue before finalizing some recommendations.

    The Trai paper on commercial tariff seeks to discuss issues like whether there is a need to fix tariffs for commercial purposes and its methodology, definitions of commercial consumers and how they can be differentiated from non-commercial consumers.

    A tariff order of 1 October 2004 did not distinguish between commercial and other services.
    However, while dealing with a batch of petitions filed by the hotel and restaurant industry, the TDSAT (disputes tribunal) in its judgment of 17 January, 2006 had pointed out that the regulator’s earlier order did not cover commercial services.

    Accordingly, after careful examination Trai decided as an interim measure to amend the tariff order and provide for a ceiling for commercial tariff also.

    The present consultation paper is part of an exercise to discuss the issue in detail with broadcast industry stakeholders and those representing the hotels and restaurants.

  • Cable operators black out Star chnls in Kolkata

    Cable operators black out Star chnls in Kolkata

    MUMBAI: A majority of cable networks in Kolkata have blacked out the Star group of channels, protesting against a seven per cent rate hike. Another contention is the forcing of the second bouquet which includes channels like Star One.

    The Star channels including Star Plus are not available to most viewers in the city since Saturday midnight. The decision was taken by the last mile operators (LMOs) who also blamed Tata Sky, in which Star is a 20 per cent joint venture partner, for approaching housing societies with the offer of a central dish antenna through which individual installations could be provided for direct-to-home (DTH) service.

    Indian Cable Net (which was bought out by Siticable) and Manthan Cable Network, the two big multi-system operators (MSOs) in the city, are not having the Star channels on their cable systems. “We were asked by the last mile operators not to carry the Star channels,” says an executive in Indian Cable Net.

    Earlier, Star had switched off signals to Manthan after claiming outstandings of over Rs 20 million. “Manthan owed us money and we switched off signals on 15 March after giving a month’s notice. There is no reason for the other cable operators blacking us out as the Telecom Regulatory Authority of India (Trai) has allowed a seven per cent hike,” says a Star India spokesperson.

    Manthan director Gurmeet Singh admits Star was off the network from 15 March, but says the case regarding dues is pending in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

    The protest against carriage of the Star channels was led by the Forum of Cable Operators and Cable Operators Sanjukta, two association bodies of the last mile operators in the city. “Star was asking for a hike, which we couldn’t have passed on to the consumers. Besides, Tata Sky, where Star is a partner, is wanting to grab subscribers by offering housing societies free cabling from a single central antenna,” says Cable Operators Sanjukta spokesperson Papi Banerjee.

    Star channels are, however, available on Cablecom and Purvalaya Communications. “Star is also supporting some operators by issuing decoder boxes,” says a last mile operator in Kolkata.