TDSAT puts off IMCL’s plea against Trai’s tariff order

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The Telecom Disputes Settlement and Appellate Tribunal today put off to 25 August the hearing of a petition by a multi-system operator against the the Telecom Regulatory Authority of India tariff order after being informed that the Government has deferred the sunset date for cable digital addressable systems by four months.

During the last hearing on 11 June, chairman SB Sinha and member PK Rastogi had been informed by counsel for petitioner Indusind Media Communication Ltd (IMCL) that the Information and Broadcasting Minister Ambika Soni had been holding talks on deferring the date.

On 11 June, Tdsat had asked news broadcasters - NDTV, Time Global (holding company of Times Now), India TV, TV Today, Total TV and News Broadcaster's Association (NBA) to file their affidavits. Today, it allowed them to be a party in the case.


Tdsat also allowed the plea of India Broadcast Foundation (IBF), and other broadcasters to be a party to it, adding that broadcasters' impleadment would be subject to the objections raised by IMCL.

Hinduja-controlled IMCL had earlier moved the Tdsat contesting the Trai tariff order on the ground that it does not prescribe a common rate for content from broadcasters and leaves space for negotiations that can work against smaller cable networks. By keeping the rate open with a ceiling at 42 per cent of analogue cable, the MSO also believed that vertical media companies that have a presence in both distribution and content would benefit.


IMCL also said that the provision of a la carte channels to consumers in Basic Service Tier (BST) is operationally cumbersome and can be a logistic nightmare.

The MSO also believed that the requirement of creating a 500-channel capacity is not required across India.

Meanwhile, a petition filed by local cable operators in Delhi High Court against the digitisation move on the ground that the time given was inadequate has been withdrawn following the decision of the government to put off the sunset date to 1 November. The case followed a similar track in Mumbai where cable TV operators found their case unnecessary with the government pushing back the deadline for digitisation in Delhi, Mumbai, Kolkata and Chennai.
 

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TDSAT allows broadcasters to be party





Broadcast tribunal TDSAT on Monday allowed several news channels and their association NBA to be a party supporting TRAI in the dispute between the sectoral regulator and MSO firm IMCL over tariff as part of proposed digitalisation.

A TDSAT bench allowed news channels - NDTV, Time Global (holding company of Times Now), India TV, TV Today, Total TV and News Broadcaster's Association (NBA) -- to be a party a case filed by IndusInd Media Communications Ltd (IMCL) against TRAI.

IMCL, a Hinduja group Multi System Operator (MSO) firm, had challenged TRAI's order that the charges collected from the subscription of paid channels or bouquet of paid channels shall be shared in the ratio of 65:35 between MSO and the local cable operator respectively.

The TDSAT also allowed the plea of India Broadcast Foundation (IBF), a lobby group of television broadcasters to be a party in it.

However, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) also said that broadcasters' impleadment would be subject to the objections raised by IMCL.

Impleadment means to be added as a party.

It also asked TRAI and broadcasters, which has allowed to implead to file a comprehensive reply before it within four weeks and three weeks to MSO to file its rejoinder.

TDSAT asked to list the matter on August 7 for next hearing.

The tribunal's direction came while hearing the petition filed by the Hinduja group owned MSO challenging Trai's tariff order for digital addressable systems.

As per the information available on NBA's website, it has presently 20 leading news and current affairs broadcasters (comprising 45 news and current affairs channels) as members.

TRAI on April 30 had issued Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order, 2012 to digitalise the cable channels delivery system in all metros by June 30, 2012.

The regulator has also fixed tariff rules for cable TV, LCOs and MSOs by its Digital Addressable Systems Regulation and Tariff Orders, which has been opposed by the MSOs and the local cable operators.

However, the deadline for digitisation in metros has been postponed to November 1, 2012.

According to IMCL, the TRAI order was" unjust, unfair, unreasonable, arbitrary, irrational, discriminatory".

Terming it as "illegal and against public interest" IMCL said that it was a clear case of "non application of mind by the Telecom Regulatory of India (TRAI)" and would results in creating a non-level playing field conditions for MSOs with the DTH and HITS operators.

The Local cable operators through their body United Cable Operator's Welfare Association, a local cable operators' body has also opposed TRAI formula of revenue sharing before TDSAT.

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TDSAT to hear Digicable, DDC petitions against Trai's Tariff order next month


The Telecom Disputes Settlement and Appellate Tribunal (Tdsat) will hear on 7 August, the petitions by multi-system operators Digicable Networks, Mumbai, and Delhi Distribution Company, New Delhi and others challenging the digital tariff order of the Telecom Regulatory Authority of India.

Tdsat has issued notice to Trai and the Union of India in this connection.

Earlier, TDSAT had listed for 25 August a petition by IndusInd Media and Communications in this regard, even as it permitted News Broadcaster's Association (NBA) and associate channels - NDTV, Time Global Broadcasting (holding company of Times Now), India TV, TV Today, Total TV, Indian Broadcasting Foundation (IBF), and other broadcasters to be a party to it.

Earlier, local cable operators opposed the Trai tariff order. United Cable Operator's Welfare Association, New Delhi, has approached the Tdsat seeking better revenue share from the MSOs and an extension in date for digitisation.

Meanwhile, the deadline for the first phase of digitisation in the four metros has already been postponed by four months to 1 November.
 
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