Regulators

TDSAT directs Taj TV to restore Zee signals to Hathway; to hear MSOs plea late next month

NEW DELHI: Taj Television has been directed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to restore with immediate effect the signals of Zee TV channels to Hathway Cable and Datacom, pending final hearing of the petition by the latter.

 

TDSAT Chairman Justice Aftab Alam and member Kuldip Singh also directed Hathway as an interim measure to make payment of the monthly subscription fees from 1 April 2014 (in case of Kolkata and Digital Addressable System - II areas) and from 1 May 2014 (in case of Delhi and Mumbai) up to 31 July at the rate of Rs 21.60 cost per subscriber basis.

 

The Tribunal has asked Taj to reply to the petition filed by Hathway in three weeks and asked Hathway to file a rejoinder if any, two weeks thereafter.

 

Zee channels were earlier being distributed to Hathway by Media Pro but the latter was not in a position to renew the agreements in view of the regulations issued by the Telecom Regulatory Authority of India around the same time the earlier agreements came to end.

 

Thus, the Zee group of channels came to be handled by Taj Television. But when discussions between Hathway and Taj Television for Zee TV channels failed to yield any results, Taj TV on 26 June sent the RIO based agreement executed from its side. There was delay on the part of Hathway in executing the RIO based agreement and in the meanwhile, Taj Television issued the disconnection notice under regulation 6.1 on 8 July 2014 and the public notice under regulation 6.5 on 11 July 2014.

 

On 28 July 2014, Hathway counter-signed the RIO based agreement and sent it back to Taj Television.  On the same day, Hathway also sent a cheque dated 31 July for Rs 16.8 crore.  

 

According to it, this amount was in full payment of the arrears of the monthly subscription fees for the period 1 April to 31 July 2014, calculated at the rate specified under the fixed fee agreements with Media Pro that had expired on 30 March and 30 April.

 

However, Taj did not accept the cheque and sent it back and deactivated the signals on 31 July.

 

This led to the present petition by Hathway. During arguments, Hathway maintained that the RIO agreement can only come into effect prospectively and for the past period it can only be asked to make payment on the basis of the fixed fee agreement with Media Pro and at the rates as specified under the earlier agreements.

 

The Tribunal has identified three main issues for decision:

 

(i) Whether the RIO based agreement and the rates prescribed under the RIO would apply retrospectively from the date immediately following the expiry of the earlier agreement or prospectively from the date it was executed by both sides?

 

(ii) Whether in the facts of this case, Hathway’s liability to make payment on RIO rates would arise from 26 June 2014 when the agreement was signed by Taj Television and it was sent to it for its counter signature?

 

(iii) What would be Hathway’s liability towards payment of monthly subscription fee for the period immediately following the expiry of the earlier agreement and the date on which the RIO agreement between the two sides came into effect?

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/09/28/trai850x850.jpg?itok=3DqWhrJb
TRAI may moot MRP for bouquet TV channels; no price cap on unbundled premium products

Broadcast carriage regulator Telecom Regulatory Authority of India (TRAI) has lined up a slew of draft guidelines relating to tariff, quality of service and interconnections, including proposing maximum retail price (MRP) for channels being bundled in genre-wise bouquets, freeing unbundled premium...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/09/28/trai.jpg?itok=KUuUSeDL
TRAI to play peacemaker on telecoms interconnect issues

NEW DELHI: Telecom Regulatory Authority of India (TRAI) chairman R S Sharma yesterday said it will facilitate a meeting of telecoms companies soon with an aim to resolve the raging debate regarding interconnection issues between operators.

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/09/26/Untitled-1_31.jpg?itok=tuIykAul
TDSAT rules in favour of broadcaster against MSO

The Telecom Disputes Settlement and Appellate Tribunal has reiterated that failure to collect fees from subscribers is not sufficient ground for any multi-system operator or distributor for non-payment of earlier dues or monthly subscription to a broadcaster.

Regulators TDSAT
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/09/26/Untitled-1_17.jpg?itok=graO0b0p
VXL and linked LCOs barred from receiving signals from any other MSO

VXL Digital has been restrained by the Telecom Disputes Settlement and Appellate Tribunal from receiving signals from Indian Cable Net Company Ltd or any other MSO.

Regulators TDSAT
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/09/26/Prasar%20Bharati.jpg?itok=uoU-dD_3
Prasar Bharati responds to TRAI consultation paper; open to sharing DTT infrastructure

NEW DELHI: Pubcaster Prasar Bharati has sent its viewpoints to the Telecom Regulatory Authority of India (TRAI)'s consultation paper on the involvement of the private sector in digital terrestrial broadcasting (which has been its forte, so far).

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/09/24/Untitled-1_3.jpg?itok=pH0Gp8Cm
New addl secy, advisor in IT Ministry

Anuradha Mitra has been appointed as the additional secretary and financial advisor in the electronics & information technology ministry. Mitra is a 1984 batch officer of the Indian Defence Accounts Service.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/09/21/Untitled-1_39.jpg?itok=5W2oOHeh
TRAI expects stakeholders to work towards infrastructure sharing

India is witnessing a huge growth in the television sector and is on the threshold of complete digitization. The Telecom Regulatory Authority of India has asked stakeholders as to whether they feel the need for infrastructure sharing – irrespective of whether it is cable TV and HITS operators, DTH...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/09/20/Prasar%20Bharati.jpg?itok=GxyEXaTh
Prasar Bharati looks at digitizing archives; to seek Rs 250 crore from govt

MUMBAI: Pubcaster Prasar Bharati is taking another stab at digitizing and monetising the huge archival content catalogue that is lying on the shelves of All India Radio and Doordarshan. And it is all set to make a formal request to the ministry of broadcasting and broadcasting (MIB) for nearly Rs...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/09/20/trai.jpg?itok=lgOEEN7Z
TRAI extends dates for views on AGR issues relating to Spectrum

NEW DELHI: The Telecom Regulatory Authority of India has extended the dates for getting views on minimum presumptive AGR for Spectrum and VSAT licenses.

Regulators TRAI

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories