Technology

TDSAT upholds Rs 5 tariff by Trai, imposes costs on ESPN Star and Set Discovery











NEW DELHI: The Telecom Disputes Settlement Appellate Tribunal (TDSAT) today upheld the tariff of Rs 5 per channel fixed by Telecom Regulatory Authority of India (Trai) against which three broadcasters had appealed. It also imposed a cost of Rs 50,000 for each of the broadcasters in favour of the sector regulator.

 

In its pronouncement on the appeal filed by Set Discovery, ESPN Star Sports (Singapore) and ESPN Software India, TDSAT held that the case was devoid of merit, and thus the appellants are liable to pay costs, totaling Rs 150,000, to Trai, which had proved its case.


In a related development, some of the respondents in the case that includes Trai, Indus Ind Media and Communications Limited, and Hathway Cable & Datacom Private Limited, have filed a Caveat in the Supreme Court, since the broadcasters are most likely to appeal against the TDSAT order in the apex court.


While giving its ruling, TDSAT said that the broadcasters had themselves said that 70 to 80 per cent of their revenues come from advertisements, and the bench noted that "at various fora", it has been argued by the broadcasters that they also generate revenue through sub-licensing and through fees paid by consumers in sending SMSs to the channels.


It held that the same broadcasters had said that due to underdeclaration by LCOs and MSOs, they get only 20 per cent of the subscription revenue actually generated.


The tribunal noted that under the Cas regime, wherever Cas has been implemented, there is no longer a question of underdeclaration, and therefore, data on subscription revenue is 100 per cent.


In this situation, whereas the broadcasters were - as they themselves said - earning only 20 per cent from subscription, the Trai order on Interconnection gave them 45 per cent, which is a sea change.


Hence, going by the arguments of the broadcasters themselves, the case is devoid of merit and liable for dismissal, with a cost of Rs 50,000 per appellant.


The tribunal, comprising the full bench of chairperson Arun Kumar, and members DP Sehgal and Vinod Vaish, made the following observations:


"We have carefully considered the procedure undertaken by Trai for conducting the exercise. We have also considered the justification for the regulation. We find that the approach of Trai in regulating the CAS regime at its introductory stage in the notified areas is fully justified.


"We find nothing wrong in the process undertaken by the Authority. In this connection we note that the Trai was conscious of its difficulties and the problems which it had to face while conducting the exercise.


"It was a virgin field and the Chennai model could not serve as a good guide. The exercise was complex and it was made all the more difficult by the non-cooperative attitude of the broadcasters. In the given circumstances, Trai, in our view, has acted fairly by balancing the competing interests.


"The Authority has promised to revisit the issue, including consideration of deregulation if the circumstances so warrant. The experience to be gained after introduction of CAS would enable it to reconsider everything.


"This being a transitory phase, the appellants ought to have had patience and ought to have waited till Trai was able to revisit the issue. The hurry on their part to raise the issue before this Tribunal was not necessary.


"We also cannot help observing that the broadcasters are either unmindful of the fact that they stand to gain in the CAS regime or they are intentionally feigning lack of knowledge of this fact.


"To say the least, they have not been fair in placing their case before us. We find no merit in these appeals. They are liable to be dismissed. We order accordingly. Appellants will bear the costs of the Respondent, Trai which we quantify at Rs 50,000/- for each appeal. Costs are awarded only in favour of Trai," the TDSAT order concluded.

 

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/08/23/Untitled-1_0.jpg?itok=L1pT-ZhG
Cable & b'band solutions co C & D Tech acquired by KPS Capital

MUMBAI: KPS Capital Partners has announced the acquisition of C & D Technologies, Inc. and its affiliates through a newly created subsidiary. The financial terms of the transaction were not disclosed. Paul, Weiss, Rifkind, Wharton and Garrison LLP acted as legal advisor to KPS and its...

Technology Hardware Distribution
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/08/18/Ramki%20Sankaranarayanan.jpg?itok=sl1eoK_J
Hotstar tech partner Prime Focus signs deals with Turner & sports broadcasters

MUMBAI: India's Prime Focus, which was recently in news for admitting and plugging the leak of an upcoming episode of Game of Thrones to be broadcast by its partner Star India's Hotstar, has signed technology deals with prominent traditional and digital broadcasters. A link to view Episode 4 of...

Technology Software Applications
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/08/12/apac.jpg?itok=bF0asHD5
APAC may lead US$ 6-bn b'cast equipment market growth by '23

The global broadcast equipment market is expected to expand from USD 4.38 billion in 2017 to USD 5.82 billion by 2023, at a CAGR of 4.87 per cent between 2017 and 2023.

Technology Hardware Components
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/07/31/Jaco%20Du%20Plooy.jpg?itok=sIMqVukw
Irdeto's Cloakware to safeguard tech brands

MUMBAI: Irdeto, a leader in digital platform security, has announced the launch of its next-generation Cloakware™ Software Protection solution. Designed for the world’s largest and most innovative brands, the solution provides resilient and durable protection against cyberattacks.

Technology Software Applications
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/07/31/Untitled-1_1.jpg?itok=hNcifMd6
TV channels get unique AI: Zone TV & Ooyala partner Microsoft

MUMBAI: ZoneTV, taking a quantum leap forward in the linear TV experience, will utilize media logistics tools from Ooyala, a global provider of video monetization technology and services, plus Video Indexer, part of Microsoft Cognitive Services, to automate the curation of content of a first-of-...

Technology Software Applications
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/07/29/harsh-vardhan.jpg?itok=P9-7bLs-
From lab to end-user: India launches TV, radio & FB integrated server 'Sagar Vani'

The India government, in order to effectively disseminate ocean-related advisories from the lab to the end-user, has developed 'Sagar Vani'.

Technology Software Applications
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/07/25/Michael%20Hawkey.jpg?itok=35fg5o6z
Japan's KDDI adopts TiVo’s remote-recording service

MUMBAI: TiVo Corporation, a leader in entertainment technology and audience insights, has announced that KDDI Corporation, a leading Japanese telecommunications provider, has selected TiVo’s remote recording service for G-GuideÒ and will also implement new voice control features to deliver one of...

Technology Hardware Set-top Boxes
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/07/13/Kalli_Purie-Subrat_Kar.jpg?itok=077b2Tdu
AajTak topples Times of India as the top news video page on Facebook

New Delhi, 13th July 2017: AajTak-India’s No.1 News channel- has also topped the rankings on the digital space by becoming the most popular on social network for continuous 3 months with over 29.7 million video viewership on Facebook in May, 2017. By crossing this monthly viewership mark, AajTak...

Technology Software Applications
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/07/11/samir%20armaly%20tivo.jpg?itok=bykYFSL3
TiVo renews IP licence with Foxtel, deliver ultimate experience in Australia

MUMBAI: TiVo Corporation, a leader in entertainment technology and audience insights, has announced that Foxtel, Australia’s leading pay-TV platform, has signed a multi-year intellectual property (IP) licence renewal. This agreement offers Foxtel ongoing access to TiVo’s industry-leading...

Technology Software Applications

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories