ITV

Tag: Tejveer Singh Bhatia

  • TDSAT directs Taj TV to not disconnect Indusind signals in DAS & non-DAS areas

    TDSAT directs Taj TV to not disconnect Indusind signals in DAS & non-DAS areas

    NEW DELHI: Taj Television (India) Pvt. Ltd, Mumbai was today directed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) not to give effect to the disconnection order in Digital Addressable System (DAS) and non-DAS areas against IndusInd Media & Communications Ltd if the latter makes payment according to formulas drawn up by the Tribunal as an interim arrangement.

     

    Under the order for DAS areas, Indusind counsel Vandana D. Jaisingh handed over to Taj TV counsel Tejveer Singh Bhatia four cheques amounting to Rs 5.42 crore. In addition, Indusind will pay Rs 10 crore by 2 November, Rs 5 crore by 9 November and Rs 10 crore by 30 November, 2015.

     

    Admitting both cases and posting them before the Registrar’s court on 18 December for completion of pleadings, the Tribunal made clear that the directions are towards earlier dues as far as DAS areas are concerned. 

     

    In addition, Indusind must make payments of the invoices raised by Taj TV for the months of October and November this year for DAS areas.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said the payments made in terms of this interim order will be without prejudice to the rights and contentions of the parties.

     

    In the case relating to non-DAS areas, the Tribunal asked Indusind to make immediate payment of the outstanding dues up to 30 September subject to verification by reconciliation of accounts.

     

    Taj TV had issued the disconnection notice as it claimed that dues amounted to Rs 9.58 crore till 31 October but this was disputed by Indusind, which submitted that it had made already payment of Rs 2.26 crore and was entitled to pay for October by 15 November.

     

    However, Taj said the amount was arrived at after taking the amounting already paid into account.

     

    The Tribunal directed Indusind to go to the respondent’s Mumbai office on 3 November for this purpose.

     

    Following the reconciliation of accounts, the Tribunal said Indusind will pay the dues up to 30 September by6 November. The invoice for the month of October 2015 will be paid by 15 November.

     

    Bhatia accepted notice on behalf of Taj TV for both petitions and was asked to file the reply within three weeks from today (30 October). Rejoinder, if any, may be filed within two weeks thereafter.

     

    The agreement under which Indusind receives its signals from Taj TV came to end on 31 March but the latter continued to supply signals and Indusind continued to receive the signals and re-transmit them to its affiliates without any renewal of agreement and under the pretext that negotiations for the renewal of the agreement is going on between the two sides.  

     

    The matter finally came to a head when Taj TV gave disconnection notices for disconnection of its supply of signals to the petitioner. The disconnection notices are based on grounds of non-payment of dues and non-renewal of the interconnect agreement. In the notice, the dues are quantified at Rs 36.44 crore upto 30 September. The amount of dues mentioned in the disconnection notice relate only to the monthly subscription fees.

     

    Jaisingh disputed the amount mentioned in the disconnection notices. According to her, the admitted dues amount to Rs 24.85 crore. She contended that after the expiry of the agreement, the respondent is unauthorisedly raising invoices increasing the rate by more than 10 per cent from the rate mentioned in the previous agreement. 

     

    Bhatia said the invoices from April 2015 onwards had been raised strictly in terms of the provisions of the agreement. 

     

    The Tribunal felt that the submission of Bhatia “appears to be prima facie correct but we do not wish to make any conclusive pronouncement on that aspect of the matter at this stage.”

  • Siticable resumes inadvertently disconnected signals to Bhopal LCOs

    Siticable resumes inadvertently disconnected signals to Bhopal LCOs

    NEW DELHI: Siticable Networks has apprised the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) that it had resumed signals, which were inadvertently disconnected, to 119 local cable operators (LCOs) from Bhopal.

     

    Siticable Networks counsel Tejveer Singh Bhatia assured the Tribunal that the supply had been resumed.

     

    The Tribunal had two days earlier directed Siticable Networks not to disconnect the supply of signals to 119 cable operators represented by the Bhopal Cable Operators’ Association.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and BB Srivastava had passed the order after a statement made by the LCO association’s counsel Nittin Bhatia that all due payments had been made.

     

    Bhatia had said the LCOs have made up-to-date payments as per the invoices issued by Siticable and continue to make payment at the rate at which invoices of June 2015 was issued.

     

    Bhatia told the Tribunal that he had the authorisation from 67 cable operators but would get these from the remaining 52 operators within a week.

     

    The Tribunal had said the status of any cable operator who is in dues will be determined on the basis of reconciliation of accounts and dues if any would be cleared within two weeks from the ascertainment of the said amount.

     

    The Tribunal had also said that the parties would be well advised to resolve their disputes through the process of mediation and directed both sides to appear before the Mediation Centre on 7 September.

     

    As was previously reported by Indiantelevision.com, the primary grievance of the Association was that the respondent was unilaterally and steadily increasing the monthly subscription fees payable by them. According to Bhatia, the cable operators paid the monthly subscription at the rate of Rs 30 per STB up to March 2013 and thereafter at Rs 60 per STB. Now the invoices being raised by the respondent are at the rate of Rs 83.11 (excluding taxes) for the package of channels supplied by it.

  • Star India commits to renew agreements with MSOs only on basis of RIO, hearing concludes

    Star India commits to renew agreements with MSOs only on basis of RIO, hearing concludes

    NEW DELHI: Judgment was reserved today by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in the ‘deep-rooted’ dispute between Hathway and Taj TV, after the hearing that commenced on 25 August and continued on a day-to-day basis.

     

    Before the Tribunal reserved its order, Star India filed an affidavit in which it said it would ‘henceforth’ enter into agreements under the Reference Interconnect Order on a year-to-year basis with all multi-system operators.

     

    It said the RIO would commence three months after the expiry of the erstwhile agreement and would only be on the basis of a published RIO.

     

    It also said it will sign any new agreement on cost per subscriber basis with MSOs operating at national level.

     

    However, it listed eight MSOs working at regional or state level with which it already has CPS agreements and said these will continue for the term for which they are valid and thus last the full term.

     

    The eight MSOs are Inspire Infotech of Delhi, Novabase Digital Entertainment of Delhi, E-Infrastructure and Entertainment, Bangalore, Satellite Channels, Poona Cables Systems and Services of Pune, Sky Channel of Delhi, Home Cable Networks of Chittore District in Andhra Pradesh and City TV of Coimbatore.

     

    In reply to certain queries by the Tribunal in reference to the statement made in paragraph-3 of the affidavit, Star India counsel Saikrishna on instructions received from duly authorised officers present in court stated that in DAS notified areas, any new interconnect agreement with any MSOs operating under a national license or a regional/local license would only be on the basis of the RIO of M/s Star India Pvt. Ltd. and it would not enter into any interconnect agreement in the DAS areas with anyone on fixed fee or on CPS basis for a period of one year.

     

    Primarily, the Tribunal would have to decide on two matters: the first is an interpretation of the date of renewal under Clause 5(16) of the Telecom (Digital Addressable Systems) Interconnect Regulations relating to renewal of agreements, and the other is about the rates according to the arguments put forth by the various parties.

     

    Earlier, counsel Tejveer Singh Bhatia who had been asked by TDSAT chairman Aftab Alam and member Kuldip Singh to assist the Tribunal in clarifying certain issues said the Regulations were clear that if certain channels were provided to one MSO, they had to be provided to any other MSO that asked for them. However, this did not mean that the terms would be the same for all MSOs.

     

    Furthermore, even if channels were put in bouquets, the rates could not be the same as some were regional channels meant for specific areas and others were national channels and the charges would depend on eyeballs. Hence, the negotiation may differ from region to region. But this also meant creation of RIO agreements for every region depending on number of eyeballs.

     

    He also claimed that the Interconnect Regulations allowed him to change the terms and conditions from time to time.

     

    But he was categorical that a RIO could not be thrust upon him as it was only an offer. Clause 5(10) provides the remedy in case the broadcaster turns down a RIO agreement.

     

    He said that the ‘must carry; clause did not mean automatically that the broadcaster will be paid for every channel he beams. It would depend to the number of channels that the subscriber decides to take.

     

    During the hearing, the Tribunal heard various counsel on behalf of Taj TV and Zee TV, Star India, Hathway, Bhaskar (MSO) from Jabalpur and Scod, an MSO from Mumbai and Navi Mumbai.

     

    When listing the case for 25 August, the Tribunal had said: “Unfortunately, the dispute between the two sides is playing out in highly aggressive way and one may add in a rather unpleasant manner. It seems to be affecting a large number of people in viewing their favourite TV channels. The disputants themselves are approaching the Tribunal on a weekly basis complaining against the actions of each other and seeking some interim directions of the Tribunal consuming a lot of time on arguments on miscellaneous applications.”

     

    The Tribunal noted that both sides had assured that they would avoid issuing the offensive advertisements against each other.

     

    In the order last month, the Tribunal directed Taj TV to file their respective replies in petitions nos.319(C) of 2014 and 47(C) of 2014 and asked Hathway to file its rejoinder.

     

    The Tribunal noted that the dispute has arisen at a stage when the earlier fixed fee agreement between the parties has come to end and they are unable to come to agreed terms for a fresh agreement and under the circumstances the MSO has no option but to take the broadcasters’ channels on their RIO terms.