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Tag: Vijay TV

  • Star & Vijay TV amend plea, TRAI asked by Madras HC to file response

    NEW DELHI: The Madras High Court today decided to hear on 24 March the case by  Star India and Vijay TV alleging that the Telecom Regulatory Authority of India tariff and other orders allegedly were in conflict with Copyright Act 1957.

    This development came after the HC allowed an amended application from petitioners to be filed, which, according to industry sources, broadly states that TRAI regulations involving tariff, etc are bad in law.

    Following the Supreme Court directive of 16 February 2017 on an appeal permitting TRAI to issue its tariff and other orders even as the case would continue in the High Court, both the broadcasters had filed an amended petition. The court also directed TRAI to file its reply by Wednesday next.

    TRAI had issued three regulations, including one on tariff on 16 January 2017, the day the Supreme Court gave its clearance.

    The broadcasters had sought to argue that the TRAI orders are in conflict with the Copyright Act 1957. As a result of that court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services. The temporary stay by Madras HC was over-ruled by SC later.

    It is also expected that a final judgment on the case could come about by 3 April 2017 in the Madras HC, if not before that date.

    Last year, TRAI had issued draft guidelines on tariff interconnect and quality of service, and TRAI chairman RS Sharma had then told indiantelevision.com that the regulator would come out with its final recommedation by the end of 2016.

    It may be recalled that the Indian Broadcasting Foundation (IBF) had also said in reaction to the TRAI drafts that the exercise was in direct conflict with the provisions of the Indian Copyright Act.

    The comments had been stated in a submission to the Telecommunication (Broadcasting and Cable Services) Interconnection (Addressable Systems) Regulations 2016; the Telecommunication (Broadcasting and Cable Services) (Eighth) (Addressable Systems) Tariff Order 2016; and the Standards of Quality of Service) and Consumer Protection (Digital Addressable Systems) Regulations 2016.

    The All India Digital Cable Federation (AIDCF), which had made itself party to the case after being allowed by the Madras High Court, till the time of writing this report had not yet made up its mind whether to further join issues with petitoners’ amended application in Madras High Court.

    Also read

    Maintain status quo on broadcast guidelines, Madras HC tells TRAI

  • TRAI justifies tariff, QoS, interconnect orders, declines comment on jurisdiction

    NEW DELHI: The Telecom Regulatory Authority of India today justified the issuance of the regulations relating to tariff, interconnect and quality of service regulations relating to digital addressable system on the ground that this will bring transparency in the system.

    In a hurriedly-called press meet, principal advisor Sunil Gupta said the aim was to bring in a fair and equitable share of revenue to all stakeholders.

    However, the regulator refused to comment on whether it had the jurisdiction to issue any or all the orders as the matter was sub-judice in the Madras High Court.

    The Supreme Court, while allowing an appeal by TRAI on 3 March and vacating the stay order, had said that the Madras High Court could continue hearing the case. However, it said the case in the High Court would continue and would have to be completed within sixty days.

    Both channels were also given leave to amend their petitions in the event of TRAI issuing any orders.

    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 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.

    A cursory glance shows that the regulator has stuck to its draft with some incidental changes.

    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

    Also read:

    TRAI tariff & quality of services regulations

    TRAI issues comprehensive interconnect draft guidelines

    Offer Premium channels as a la carte, don’t bundle: TRAI

  • TRAI free to issue TV tariff, Star HC case disposal in 60 days

    NEW DELHI: Even as it permitted the Telecom Regulatory Authority of India to notify the tariff order and interconnect regulations for the broadcast sector, the Supreme Court asked the Madras High Court to dispose the original petition by Star India and Vijay TV within sixty days.

    The apex court said that the High Court could continue hearing the case, which is due to come up next week.

    However, it said that Star India was free to approach the court if it was aggrieved by the tariff order or any other action by TRAI in this matter. Star India could also amend the petition if needed in the event of a tariff order being issued.

    “Any new cause of action arising from notifying the regulation can be taken up before the high court,” the court said.

    Star India Pvt. Ltd and its subsidiary, Vijay Television Pvt. Ltd, had challenged the draft regulations before the Madras high court under the provisions of the Copyright Act and said Trai has no jurisdiction to regulate content.

    Star India counsel P Chidambaram said they have challenged Trai’s assumption of jurisdiction. “Trai can only regulate carriage and not content,” Chidambaram said.

    The bench of Justices P C Ghose and Rohinton F Nariman said Trai cannot seek an adjournment.

    Additional solicitor general Tushar Mehta told the court that the regulation will not come into effect immediately, which gives time for Star India to move the high court and seek a stay. “Some provisions will come into effect after 30 days but the important ones will only take effect after 180 days,” Mehta said.
    In the draft order issued in October 2016, Trai had proposed a new tariff framework for pricing and packaging of TV channels offered to subscribers, listing channel genres and a genre-wise ceiling on the channel prices.

    Indian Broadcasting Foundation and Videocon DTH counsel were also present at the hearing.

  • TRAI jurisdiction: Madras HC yes to MSOs as interveners, no as impleaders

    NEW DELHI/MUMBAI: The Madras High Court yesterday gave concession to the MSOs allowing them to intervene on matters of law under consideration. But, the court refused to let them implead, via AIDCF, in a case filed by broadcasters (content generators) challenging whether regulator TRAI can have jurisdiction over commercial issues relating to copyright of content.

    Both sides — petitioners Star TV and Vijay TV and All India Digital Cable Federation (AIDCF) — viewed the court stand as a moral victory.

    Star TV and Vijay TV had moved the Madras High Court pleading that Telecom Regulatory Authority of India (TRAI), India’s broadcast carriage and telecoms regulator, didn’t have jurisdiction to issue guidelines that had a bearing on tariff of content, both TV and film, especially if such issues were also governed under the copyright law.

    In an official statement, AIDCF said the court was “pleased to permit AIDCF to participate in the proceedings as (an) intervener” allowing it to “file all relevant material, make oral submissions and file written submissions in the main writ petition.”

    The AIDCF statement, quoting organisation president and Hathway video division CEO TS Panesar, said, “We are delighted to note the decision of the Madras High Court in recognising us as an important stakeholder in this matter.”

    A source close to the petitioners, however, described the court’s decision as “disallowing” MSOs to directly implead in the main writ petition, the same way as it had not allowed Indian Broadcasting Foundation (IBF) to implead itself in the case. “AIDCF can only intervene on the main matters of law under consideration, which is whether TRAI has jurisdiction over copyright issues relating to content,” the source opined.

    TRAI, which has been trying to bring about semblance of order in the broadcast and cable sector in India via various guidelines, could not be reached for comments by indiantelevision.com till the time of writing this report. However, TRAI chairman RS Sharma had told indiantelevision.com in an year-end interview in December 2016 that the regulator’s main aim behind issuing draft guidelines relating to broadcast and cable tariff, quality of service and interconnection was to reduce litigation amongst stakeholders and create a broad playing arena for all players, including the consumers.

    Industry sources had indicated that the MSOs had moved the court as they apprehended viewpoints of distribution platforms of TV services in India, notably the MSOs, may not be heard; especially when they have views that don’t converge with those of the petitioners on all aspects of the petition.

    However, there is lack of clarity on the status of the petition filed by Videocon D2H, a distribution platform, to get impleaded in the aforementioned case being heard by Madras HC. The matter is listed for another round of hearing 7 March, 2017.

    Incidentally, the Supreme Court, petitioned by TRAI, had refused to intervene in the case being heard by Madras HC and had stated in its last hearing few days back that it would wait for the outcome at the high court, listing TRAI appeal for a March-end hearing.

    ALSO READ:

    SC keeps TRAI request on tariff pending till Madras HC completes hearing

    TRAI jurisdiction: IBF plea dismissed, AIDCF impleadment decision on 22 Feb

    MSOs join issues with TRAI tariff plea at Madras HC

    Tariff order: Don’t notify without SC nod, TRAI told; Madras HC case to continue

  • SC keeps TRAI request on tariff pending till Madras HC completes hearing

    NEW DELHI: The Supreme Court today refused to step in to allow TRAI to issue final broadcast tariff regulations, saying it would wait for the final outcome of a case in Madras High Court on a similar matter. The case in the apex court now has been listed for late March.

    TRAI had filed a special leave petition in SC requesting quashing of a Madras HC order stopping it from issuing tariff guidelines till it disposed of a petition filed by Star TV and Vijay TV relating to whether TRAI can frame rules relating to tariff and copyright laws, both   Indian and international.

    About 10 days back TRAI, as directed by the SC earlier, had submitted in a sealed envelope its final broadcast tariff guidelines seeking permission to notify the same.

    The apex court, while directing TRAI that it could continue with its regulation-framing exercise and also argue the matter in the Madras High Court had directed that before mandating any fresh rules, the broadcast and telecoms regulator should seek its permission.

    The Madras HC high court had asked TRAI to maintain status quo on tariff guidelines till full hearing of the case filed by Star India and Vijay TV. The court would later this month also hear the case of Indian MSOs’ industry organisation, AIDCF, which had requested to be impleaded in the Star TV and Vijay TV vs. TRAI case and be heard.

    Also Read:

    MSOs join issues with TRAI tariff plea at Madras HC

    Tariff order: Don’t notify without SC nod, TRAI told; Madras HC case to continue

    DAS Phase IV pace slack; MIB to meet Indian STB makers

    TRAI jurisdiction: IBF plea dismissed, AIDCF impleadment decision on 22 Feb

  • TRAI tariff: Madras HC extends status quo; SC to hear regulator’s appeal on 16 Jan

    TRAI tariff: Madras HC extends status quo; SC to hear regulator’s appeal on 16 Jan

    NEW DELHI: The Madras High Court today extended to 19 January 2017 the status quo with regard to any TRAI tariff orders or regulations for the broadcast sector in a case by Star TV and Vijay TV.

    Meanwhile, the Supreme Court is scheduled to hear on 16 January 2017 the appeal by the Telecom Regulatory Authority of India against this interim order issued last month by Madras HC.

    In the Madras High Court, the broadcasters had sought to argue that the TRAI orders are in conflict with the Copyright Act 1957. As a result of that court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services.

    A TRAI spokesperson said that although it was still waiting to receive the order from the Court, one immediate result would be that the draft tariff and interconnect guidelines issued by the regulator will be subject to the order of the High Court in this regard unless the apex court accepted the regulator’s appeal.

    A few months ago, TRAI had issued draft guidelines on tariff interconnect and quality of service, while TRAI chairman RS Sharma had told indiantelevision.com earlier this month that the regulator would come out with its final recommedation by the end of the year.

    It may be recalled that the Indian Broadcasting Foundation had also said in a submission to TRAI that the regulator’s draft guidelines were in direct conflict with the provisions of the Indian Copyright Act and similar regulations under the Berne Convention.

    The IBF had said the Copyright Board is fully empowered to adjudicate upon disputes between any person and Content or Broadcast Reproduction Rights owners. Hence the Copyright Act and Rules provide for protection, monetisation, enforcement and adjudication procedures for all copyrightable work and broadcast reproduction rights.

    Also read: Maintain status quo on broadcast guidelines, Madras HC tells TRAI

  • TRAI tariff: Madras HC extends status quo; SC to hear regulator’s appeal on 16 Jan

    TRAI tariff: Madras HC extends status quo; SC to hear regulator’s appeal on 16 Jan

    NEW DELHI: The Madras High Court today extended to 19 January 2017 the status quo with regard to any TRAI tariff orders or regulations for the broadcast sector in a case by Star TV and Vijay TV.

    Meanwhile, the Supreme Court is scheduled to hear on 16 January 2017 the appeal by the Telecom Regulatory Authority of India against this interim order issued last month by Madras HC.

    In the Madras High Court, the broadcasters had sought to argue that the TRAI orders are in conflict with the Copyright Act 1957. As a result of that court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services.

    A TRAI spokesperson said that although it was still waiting to receive the order from the Court, one immediate result would be that the draft tariff and interconnect guidelines issued by the regulator will be subject to the order of the High Court in this regard unless the apex court accepted the regulator’s appeal.

    A few months ago, TRAI had issued draft guidelines on tariff interconnect and quality of service, while TRAI chairman RS Sharma had told indiantelevision.com earlier this month that the regulator would come out with its final recommedation by the end of the year.

    It may be recalled that the Indian Broadcasting Foundation had also said in a submission to TRAI that the regulator’s draft guidelines were in direct conflict with the provisions of the Indian Copyright Act and similar regulations under the Berne Convention.

    The IBF had said the Copyright Board is fully empowered to adjudicate upon disputes between any person and Content or Broadcast Reproduction Rights owners. Hence the Copyright Act and Rules provide for protection, monetisation, enforcement and adjudication procedures for all copyrightable work and broadcast reproduction rights.

    Also read: Maintain status quo on broadcast guidelines, Madras HC tells TRAI

  • TRAI likely to appeal against HC order on draft broadcast tariff

    TRAI likely to appeal against HC order on draft broadcast tariff

    MUMBAI: The Telecom Regulatory Authority of India could move the apex court challenging the Madras High Court’s status quo order on draft tariff rules for the broadcast sector that stopped it from issuing any further guidelines.

    The high court recently stayed TRAI’s right to decide TV tariffs. On 23 December, the court ordered that TRAI maintain status quo with regard to any tariff orders or regulations for Rs 54,225 crore Indian television industry. 

    Freezing of TRAI powers to decide television prices meant better programming and variety for the audience, ease of doing business and improved margins for the second largest TV market in the world.

    The order had come on a petition filed by Star India and Vijay TV on the ground that the TRAI orders are in conflict with the Copyright Act 1957. As a result of this court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services.

    Also Read:    Maintain status quo on broadcast guidelines, Madras HC tells TRAI

    Also Read:    DAS 4 deadline extended to 31 Mar 

  • TRAI likely to appeal against HC order on draft broadcast tariff

    TRAI likely to appeal against HC order on draft broadcast tariff

    MUMBAI: The Telecom Regulatory Authority of India could move the apex court challenging the Madras High Court’s status quo order on draft tariff rules for the broadcast sector that stopped it from issuing any further guidelines.

    The high court recently stayed TRAI’s right to decide TV tariffs. On 23 December, the court ordered that TRAI maintain status quo with regard to any tariff orders or regulations for Rs 54,225 crore Indian television industry. 

    Freezing of TRAI powers to decide television prices meant better programming and variety for the audience, ease of doing business and improved margins for the second largest TV market in the world.

    The order had come on a petition filed by Star India and Vijay TV on the ground that the TRAI orders are in conflict with the Copyright Act 1957. As a result of this court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services.

    Also Read:    Maintain status quo on broadcast guidelines, Madras HC tells TRAI

    Also Read:    DAS 4 deadline extended to 31 Mar 

  • Maintain status quo on broadcast guidelines, Madras HC tells TRAI

    Maintain status quo on broadcast guidelines, Madras HC tells TRAI

    NEW DELHI: The Madras High Court today ordered that the Telecom Regulatory Authority of India (TRAI) should maintain status quo with regard to any tariff orders or regulations for the broadcast sector.

    The Court directed that the stay will be in place till 12 January when the case comes up for hearing.

    The Madras HC order came on a petition filed by Star India and Vijay TV on the ground that the TRAI orders are in conflict with the Copyright Act 1957. As a result of this court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services.

    A TRAI spokesperson said that although it was still waiting to receive the order from the Court, one immediate result would be that the draft tariff and interconnect guidelines issued by the regulator will be subject to the order of the court in this regard.

    A few months ago, TRAI had issued draft guidelines on tariff interconnect and quality of service, while TRAI chairman RS Sharma had told indiantelevision.com earlier this month that the regulator would come out with its final recommedation by the end of the year.

    It may be recalled that the Indian Broadcasting Foundation had also said in reaction to the TRAI drafts that the exercise was in direct conflict with the provisions of the Copyright Act.

    The comments had been stated in the comments to the Telecommunication (Broadcasting and Cable Services) Interconnection (Addressable Systems) Regulations 2016; the Telecommunication (Broadcasting and Cable Services) (Eighth) (Addressable Systems) Tariff Order 2016; and the Standards of Quality of Service) and Consumer Protection (Digital Addressable Systems) Regulations 2016.

    The IBF has said the Copyright Board is fully empowered to adjudicate upon disputes between any person and Content or Broadcast Reproduction Rights owners. Hence the Copyright Act and Rules provide for protection, monetisation, enforcement and adjudication procedures for all copyrightable work and broadcast reproduction rights.

    Also read:

    DAS 4 deadline extended to 31 Mar