ITV

Tag: Vijay TV

  • TRAI can only regulate transmission, not broadcast material: Star tells Mds HC

    NEW DELHI: The Telecom Regulatory Authority of India can only regulate the means of transmission and not take any decisions like pricing about the content, Star India contended today.

    In his rejoinder in the petition by Star India and Vijay TV challenging the jurisdiction of TRAI to issue tariff orders on the ground that content came under the Copyright Act, Star India counsel P Chidambaram said TRAI was free to regulate the carriage side of broadcasting right up to the consumer.

    Chidambaram was speaking after the arguments by TRAI counsel Saket Singh, and intervenors All India Digital Cable Federation counsel A R L Sundaresan and Videocon d2h counsel Vijay Raman.

    Chidambaram said that in theory, TRAI could not price even the movie channels.

    He said that the petitioners were not licencees under Section 2(1)(e) if the TRAI Act.

    Responding to points made by TRAI, he said the reliance to the 2004 judgment pf the Delhi High Court in the Star India vs TRAI case was misplaced. This was because the principles of res judicata estoppel and acquiescence do not apply to the present case since the present petition is challenging the jurisdiction of TRAI itself. Even that judgement had only directed TRAI to freeze and not to fix prices, he contended.  

    He also said that TRAI was fixing prices genre-wise in the new tariff order and not channel wise.

    While Chidambaram referred to the tariff orders of 2004 and 2007, he refrained from speaking about the tariff orders of 2012 and 2014.

    He contended that once uplinked, broadcasting was complete and TRAI did not come into the picture in broadcast re-production rights.

    Following the completion of his rejoinder, senior counsel Abhishek Manu Singhvi will present his rejoinder on behalf of Vijay TV. It is expected that the judges may reserve orders tomorrow.

    Although the Supreme Court had in early May while staying the tariff order directed the Madras High Court to complete hearing within four weeks, the High Court had commenced the in the last week of June.

    Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…

    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf

    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also Read: Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    Star India case questioning TRAI jurisdiction over content postponed

     

  • Madras HC to hear Star India’s rejoinder in TRAI challenge today

    NEW DELHI: Following the completion of arguments of the All-India Digital Cable Federation and Videocon d2h, the Madras High Court will today commence hearing a rejoinder by the petitioners — Star India and Vijay TV.

    Concluding his arguments in the petition by Star India and Vijay TV challenging the jurisdiction of TRAI to issue tariff orders on the ground that the subject of content fell under the Copyright Act, counsel for AIDCF A R L Sundaresan explained how the Telecom Regulatory and Copyright Law do not infringe upon each other. AIDCF had intervened in the matter.

    AIDCF also explained the flow of revenue and the breakup, and what is carriage, network capacity fee, distribution fee etc. It told the court how the money would be divided amongst different stakeholders including broadcasters under the new tariff regulations. The concept of carriage fee, distribution fee and network capacity fees were explained with help of charts.

    Videoco d2h counsel Vijay Raman said the petition militates against the right of stakeholders to do business as guaranteed in Article 19 (1) of the Constitution. The new tariff order had asked broadcasters to declare their minimum retail price per channel to consumers and give ‘a la carte’ price for pay channels. This would give greater choice to the consumer.

    Earlier last week, TRAI counsel Saket Singh had said that, prior to the tariff order, the broadcaster would sell distribution right to the multi-system operators at wholesale price level, and MSOs would accordingly sell to the consumers. Thus, the consumer had no direct link with the pricing.

    The new tariff had taken away the power of distributors in terms of pricing and that has been given to the broadcaster. Hence, they are the master of their channel and can price the consumer, accordingly. The consumer also got the right to refuse to pay for channels he did not watch. Singh also explained the concept of carriage fee.

    Although the Supreme Court had, in early May, while staying the tariff order directed the Madras High Court to complete hearing within four weeks, the high court had commenced the hearing in the last week of June. The hearing had commenced with the pleadings of counsel for the petitioners.

    Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court.

    In the hearing in April-end, it had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also Read :Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    Star India case questioning TRAI jurisdiction over content postponed

  • No advancing of Star India hearing in TRAI tariff case: SC

    NEW DELHI: The Supreme Court has declined early hearing of an appeal by Star India and Vijay TV against the order of the Madras High Court refusing to stay the DAS tariff order of the Telecom Regulatory Authority of India. A bench headed by Chief Justice J S Kehar said the matter would come up for hearing in due course.   

    The matter was raised through a mention by counsel for Star TV, as the TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) are to come into effect from tomorrow following the order of the High Court.

    High Court Chief Justice Indira Banerjee and Justice M Sundar had directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content, and that actually came under Copyright Act, which is not administered by TRAI.

    The Court said the petitioners had not made out a strong and prima facie case for interim stay. It also said that it had noted that the situation prevailing on 3 March 2017 when the order was issued and that prevailing today ‘has not changed so drastically’ as to warrant an interim stay. The Court said that it had also kept in view the larger public plea made by the Government counsel.

    Earlier, TRAI had issued the orders on 3 March after getting the green signal from the apex court even as the broadcasters case was pending in the High Court.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

  • Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    NEW DELHI: The Madras High Court has declined a petition to stay the tariff orders for cable TV by the Telecom Regulatory Authority of India slated to come into effect from 2 May 2017.

    Chief Justice Indira Banerjee and Justice M Sundar directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court said that Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content,, and that actually came under Copyright Act, which is not administered by TRAI.

    The Court said the petitioners had not made out a strong and prima facie case for an interim stay. It also said that it had noted that the situation prevailing on 3 March 2017 when the order was issued and that prevailing today ‘has not changed so drastically’ so as to warrant an interim stay. The Court said that it had also kept in view the larger public plea made by the Government counsel.

    This implies that TRAI is now free to implement its tariff order, reference interconnect offer (RIO) and Quality of service order (QoS) from 2 May.

    The Court took note of the point made by TRAI counsel P Wilson that every broadcaster would publish its Reference Interconnect Offer on 2 May 2017. Any distributor interested in entering into an agreement would hold discussions with the broadcasters and agreements would be signed by 1 June 2017.

    However, the commercial operation/transactions under the agreement can start only from 1 September 2017.

    Although the Indian Broadcasting Federation had been impleaded and supported the plea for interim stay, the court said it had come to understand that many of the members of the IBF “are now in favour of the impugned interconnect regulations and the tariff order.”

    The Court had also allowed the All-India Digital Cable Federation which has around 10 MSOs operating pan-India under its wing to intervene and had opposed the plea for interim stay.

    Earlier, on 28 March, both the broadcasters had not pressed their plea for stay of the order after TRAI told the court that implementation of these orders had been postponed from 2 April to 2 May. TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court.

    Hearing on the petition has had a chequered history with three judges recusing themselves. Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petitions became necessary as the matter is being heard afresh by the bench headed by the chief justice

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also read: Star – TRAI copyright case: In dramatic turn, Madras HC judges withdraw

    TRAI notifies tariff order implementation from 2 May, RIO in 60 days

  • HC orders on Star plea for stay on TRAI tariff today

    NEW DELHI: Orders are expected to be pronounced tomorrow on the application by Star India and Vijay TV in Madras High Court seeking a stay of the tariff orders issued by the regulator last month and slated to become effective 2 May 2017.

    Arguments concluded tomorrow after both the broadcasters and the Telecom Regulatory Authority of India concluded their arguments.

    The broadcasters, who have challenged the jurisdiction of the TRAI in issuing relating to TV content, had on 28 March decided not to press for stay after the Court was informed by the regulator that it had decided to defer implementation of its tariff orders to 2 May instead of 2 April.

    TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court, which had then directed the High Court to conclude the matter within sixty days.

    The case by the two broadcasters is that content falls under Copyright Act and does not come under the ambit of TRAI. The matter came up for hearing earlier this week in a bench headed by Madras High Court Chief Justice Indira Banerjee.

    Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.

    After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

    Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petition became necessary as the matter is being heard .

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.
    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

  • Madras HC: Arguments to continue in Star-TRAI tariff case on Thursday

    NEW DELHI: Arguments will to continue tomorrow on the application by Star India and Vijay TV seeking a stay of the tariff orders issued by the regulator last month and slated to become effective 2 May 2017. It is expected that the arguments will conclude on Thursday and the order announced thereafter on the stay application.

    The broadcasters, who have challenged the jurisdiction of the Telecom Regulatory Authority of India in issuing relating to TV content in Madras High Court, had on 28 March decided not to press for stay after the Court was informed by the regulator that it had decided to defer implementation of its tariff orders to 2 May instead of 2 April.

    TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court, which had then directed the High Court to conclude the matter within sixty days.
     
    The case by the two broadcasters challenging the jurisdiction of the Telecom Regulatory Authority of India on the plea that content fell under Copyright Act and did not come in the regulator’s purview had come up for hearing earlier this week in a bench headed by Madras High Court Chief Justice Indira Banerjee.

    Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.
    However, the matter was listed for tomorrow after a brief hearing when the Star India counsel commenced speaking as the court had other matters to conclude.

    After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

    Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petition became necessary as the matter is being heard afresh by the Chief Justice and Justice M Sundar. 

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. 

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

  • Star-TRAI case suffers as another judge withdraws in Madras HC

    MUMBAI: The TRAI tariff standoff with Star India, which is pending before the Madras High Court, seems to have hit another roadblock.

    It has been learnt that another judge — Justice Govind Rajan — on Monday recused himself from the case. Star India SVP – legal and regulatory Pulak Bagchi confirmed while speaking to www.indiantelevision.com that he has withdrawn citing personal reasons. To a question, Bagchi said that the case may be referred to another bench in 2-3 days.

    In the first week of April, the case by Star India and Vijay TV challenging the jurisdiction of TRAI in the matter of tariff orders took a surprising turn when Justice S Nagamuthu and Justice Anita Sumanth recused themselves.

    Though it was not clear, it appeared that the two judges had received a letter which prompted them to withdraw from the case. The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

    Meanwhile, counsel opined that, as the pleadings were completed, the new bench will get down to hearing the arguments. Arguments had commenced on behalf of the Union Government until lunch that day and the matter was thereafter adjourned.

    Star India and Vijay TV had decided not to press for their pleas for extension of the tariff order following TRAI’s announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. 

    Now, it is up to the chief justice of the Madras High Court to nominate another bench to hear the case as the recusing judge had written to the CJI that the matter was important and a new bench should be identified on an urgent basis to dispose of the case.

    Also Read :

    Star – TRAI copyright case: In dramatic turn, Madras HC judges withdraw

    Coordinate with registry for mentioning TV tariff matter, says Madras HC CJ

    TRAI extends tariff regulations execution date, Madras High court arguments to continue

  • Coordinate with registry for mentioning TV tariff matter, says Madras HC CJ

    NEW DELHI: The case by Star India and Vijay TV challenging the jurisdiction of the Telecom Regulatory Authority of India in the matter of tariff orders, in which two judges of Madras High Court withdrew from the case, will be listed before newly appointed Chief Justice Indira Banerjee soon for being referred to an appropriate bench.

    The Chief Justice turned down the oral mention of the matter by Star India counsel saying this was an administrative matter which should be coordinated with the registry for listing before her.  

    Though it was not clear, it appeared that the two judges Justice S Nagamuthu and Justice Anita Sumanth had received a letter which prompted them to withdraw from the case. The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

    Meanwhile, counsel opined that, as the pleadings were completed, the new bench will get down to hearing the arguments. Arguments had commenced on behalf of the Union Government until lunch yesterday and the matter was thereafter adjourned to today.

    Earlier, Star India and Vijay TV decided not to press for their pleas for extension of the tariff order following TRAI’s announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. The court had fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters.

    The court will also hear counsel of All India Digital Cable Federation which was allowed to intervene in the matter. Earlier on 3 March, the regulator had issued three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex court also asked the high court to conclude hearing in 60 days.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…

    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf

    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Follwing these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week.

    Also read:

    TRAI extends tariff regulations execution date, Madras High court arguments to continue

  • Star – TRAI copyright case: In dramatic turn, Madras HC judges withdraw

    NEW DELHI: The case by Star India and Vijay TV challenging the jurisdiction of the Telecom Regulatory Authority of India in the matter of tariff orders took a surprising turn when the two judges — Justice S Nagamuthu and Justice Anita Sumanth recused themselves from the case and referred it to the chief justice for being referred to another bench.

    Though it was not clear, it appeared that the two judges had received a letter which prompted them to withdraw from the case. The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

    Meanwhile, counsel opined that, as the pleadings were completed, the new bench will get down to hearing the arguments. Arguments had commenced on behalf of the Union Government until lunch yesterday and the matter was thereafter adjourned to today.

    Last week, Star India and Vijay TV decided not to press for their pleas for extension of the tariff order following TRAI’s announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. The court had fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters over two days commencing last Friday.

    After TRAI counsel concludes his argument, the court will hear the counsel of All India Digital Cable Federation which was allowed to intervene in the matter. Earlier, on 3 March, the regulator had issued three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex court also asked the high court to conclude hearing in 60 days.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…

    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf

    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Follwing these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also read:

    TRAI extends tariff regulations execution date, Madras High court arguments to continue

  • TRAI extends tariff regulations execution date, Madras High court arguments to continue

    NEW DELHI: Following the Telecom Regulatory Authority of India’s request that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017, Star India and Vijay TV decided not to press for their pleas  in view of the ongoing case in Madras hIgh Court.

    The  regulator In a letter submitted to the court its counsel Richard Wilson and signed by by TRAI Secretary Sudhir Gupta, stated that this was being done in view of certain ambiguities raised by some stakehlolders.

    The Court was told that a formal notice about this would be released in due course.
    The broadcasters had filed the application on the plea of the deadline set by TRAI.

     Meanwhile, the Court fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters over two days commencing last Friday.

    After TRAI counsel concludes his arguments next week, the Court will hear counsel of All India Digital Cable Federation which been impleaded in the matter.

    Earlier on 3 March, the regulator had issued the three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex Court also asked the High Court to conclude hearing in sixty days.
    The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directives that will affect the content since that did not fall in its purview.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_2017.pdf
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03_mar_2917.pdf

    Follwing these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week.

    Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also read:

    Star-Vijay Copyright case hearing next week, TRAI to file counter