Regulators

TDSAT rejects DD's interim measure for FreeDish

https://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/tv-images/2017/10/28/TDSAT-DD.jpg?itok=sbG920y9

NEW DELHI: While giving relief to slot-holders on Doordarshan FreeDish, to ensure their continuity till the government decides its new policy over the next two months, the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) also rejected the interim formula proposed by Doordarshan in its letter to the main petitioner Cinema 24x7.

TDSAT chairman justice Shiva Keerti Singh, and members B B Srivastava and A K Bhargava said: “We find no good reason either from the submission or from the order of the respondent (Prasar Bharati) as to why the earlier direction and policy on pro-rata basis is being discontinued, that too when the respondents have claimed that a regular policy to replace the existing policy is likely to come within two months.”

The tribunal also rejected the submission by Prasar Bharati counsel Rajeev Sharma and additional solicitor general Tushar Mehta that no interim order was required in view of the order of Prasar Bharati of 27 October 2017.

The tribunal fixed the next date of hearing on 14 December 2017 and said that rejoinder if any by the broadcasters could be filed within two weeksafter the four weeks given to Prasar Bharati to file its reply.

The full text of the order of the tribunal was:

“To avoid undue hardship to the petitioners and possible discrimination vis-a-vis those who have been earlier granted continuity on pro-rata basis, we pass the following interim directions:

(i)  The petitioners or others similarly situated as them, who need continuity because of non-holding of the e-auction and have applied or apply for the same, shall  be allowed continuity on pro-rata basis.

(ii)  The respondent will be entitled to charge on pro-rata basis either on the basis of the highest bid amount or the reserved price whichever is higher.  We further clarify that the highest bid amount would mean the highest bid in that category in the preceding year.

(iii) This interim order will not create any right or equity in favour of anyone and the arrangement shall come to end as soon the central government declares its new general policy and take steps to fill up the slots in accordance with such policy.  It is clarified that it will not be open for any petitioner or other operator to claim any right to continue on the basis of such interim arrangement.

(iv) The benefit of this interim arrangement shall be made available to the willing petitioners and other similarly situated operators at once and in any case within three days of their approaching the concerned respondent with an application.

All the petitions are admitted.”

The tribunal also analysed the proposed interim formula proposed by Doordarshan. It said “In the final analysis, the order declares the stand of the respondent with regard to “interim measures” in the following words:

“Now therefore in view of above, DD can as an interim measure follow a model on the pattern of FM auction policy of the government for two months or till the central government policy is made, whichever is earlier for the channels which are going to be off the air, on completion of their contract period may be offered continuity of operation at the highest bid amount for any of the channels auctioned in the past, together with revenue sharing at the rate of 50 per cent of the gross profit or 4 per cent of the gross revenue or 2.5 per cent of upfront highest bid amount whichever is higher.  This system, as an interim arrangement, should be operated on first come first served basis if the terms and conditions of the short duration extension are acceptable to the existing contract holder.

The interim arrangement / measure is irrespective of and notwithstanding the contents of the proceedings pending before the hon’ble tribunal and / or any other proceedings, if any, this interim measure will not create any right or equity in favour of anyone and shall come to end automatically upon the central government declaring its policy or after two months whichever is earlier and it will not be open for any operator to claim any right to continue or any other right based upon such an interim measure.”

Sharma and Mehta had made it clear during arguments that this formula was akin to the formula applied in the FM Radio auctions.

Apart from Cinema 24x7 which runs WoW Cinema and News Nation Network Pvt Ltd who had filed the case,  four other petitioners joined the case yesterday with fresh petitions: Enterr 10 TV Pvt Ltd, B4U Broadband India Pvt Ltd,  Independent News Service Pvt Ltd, and ABP News Network Pvt Ltd.

These broadcasters filed either because of their channels having either gone off the air or the likelihood that they will go off air very soon due to efflux of time leading to expiry of the annual agreement and a decision by the respondent not to hold the 37th e-Auction till further orders. The letter to Cinema 24x7 itself noted that some channels are going off air this month and some in February next year.

The tribunal was informed in September by Prasar Bharati that the e-Auction was put on hold because a new policy was under contemplation and the pubcaster wanted to take steps for filling the slots falling vacant in terms of the new policy.

The tribunal noted that: “The petitioners have no quarrel with the stand and they are not opposed to the respondent taking steps for filling up the slots on regular basis as per their new policy as and when it is formulated and implemented. Their grievance is that such producers who have been enjoying slots on the basis of their offer in the auction should not be thrown out of their vocation and the public should not be deprived of their channel because of there being no policy in the interregnum.  They are against such state of vacuum”.

Latest Reads

https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/11/30/coirt.jpg?itok=Pc-8Inz3
Supreme Court to hold final hearing in NTO 2.0 case today

The Supreme Court is all set to hold the final hearing in the NTO 2.0 case on Tuesday. The matter pertains to a bunch of petitions filed against the Bombay high court order regarding the implementation of the New Tariff Order (NTO) 2.0 issued by the telecom regulator.

Regulators Supreme Court
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/10/28/img_28102021_130219_800_x_800_pixel.jpg?itok=hXanRTm4
MIB asks media outlets to display logo of ‘Azadi Ka Amrit Mahotsav’

Mumbai: The central government has directed print, electronic and digital media to display the logo of ‘Azadi Ka Amrit Mahotsav’ as part of the campaign to commemorate the completion of 75 years of Indian independence. “Private media have consistently taken the lead in celebrating India’s patriotic...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/10/28/tele.jpg?itok=yJM4HOD3
DoT permits laying of overhead fiber ahead of 5G roll out

The Department of Telecommunications (DoT) has amended the Indian Telegraph Right of Way Rules (RoW), 2016 by way of a gazette notification permitting laying overhead optical fiber cable (OFC).

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/10/25/trai.jpg?itok=VAs0Xjuh
Trai vs broadcasters: Impact could be larger than expected

The TV industry is eagerly awaiting the outcome of the court battle between the Telecom Regulatory Authority of India (Trai) and TV broadcasters led by the Indian Broadcasting Foundation (IBF) on the new tariff order (NTO) 2.0 case that will be heard on 30 November.

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/10/04/asas.jpg?itok=9afykYpv
SC posts the final hearing on NTO 2.0 to 30 November

The Supreme Court has posted the final hearing on a bunch of petitions filed against the Bombay HC order regarding the implementation of the New Tariff Order (NTO) 2.0 to 30 November. In the meantime, the court has also asked the Counsel of all parties to file their written submissions before 12...

Regulators Supreme Court
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/09/21/trai.jpg?itok=HQ5zuMc9
TRAI designates Telecom Engineering Centre as testing agency for CAS

The Telecom Regulatory Authority of India (TRAI) has designated Telecom Engineering Centre, Department of Telecommunications as a testing and certification agency for Conditional Access Systems (CAS) and Subscriber Management Systems (SMS) of broadcast and Cable TV services.

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/09/06/photogrid_plus_1630926654616.jpg?itok=wST-MN06
Twin conditions ensure broadcasters do not engage in ‘perverse’ pricing: TRAI

Mumbai: The twin conditions introduced in the New Tariff Order (NTO) 2.0 seek to ensure that broadcasters do not engage in “perverse pricing”; that consumers do not get a raw deal; and that choices offered by and to all market participants remain real. Both conditions are important in their own...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/08/27/trai-800.jpg?itok=17-98G01
TRAI makes recommendations on satellite-based connectivity for low bit-rate applications

New Delhi: The Telecom Regulatory Authority of India (Trai) has released the recommendations on "Licensing Framework for Satellite-based connectivity for low bit rate applications" for both commercial and captive usage. The recommendations come after the Department of Telecom (DoT) highlighted a...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/08/26/photogrid_plus_1629956947553.jpg?itok=dHnMGpjJ
NBDA introduces its logo reflecting a new name

Mumbai: The News Broadcasters Association (NBA) recently changed its name to the News Broadcasters and Digital Association (NBDA) to bring within its purview digital media news broadcasters. The broadcasters body on Thursday unveiled its new logo to reflect the name change.

Regulators I&B Ministry

Sign up for our Newsletter

subscribe for latest stories

* indicates required