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DISTRIBUTOR PARTNER OF JAIN HITS / (NSTPL),

ISLANDERS CABLE NETWORK(AN1000),

10/6 LS STREET, LILLYPUR,HADDO,

PORT BLAIR, ANDAMAN & NICOBAR ISLANDS,

PIN : 744102
Mobile: +919531851529, +919933263060, +919434284912,

Email id: sncn.jainhits@gmail.com

www.jainhits.co.in

www.nstpl.co.in


Contact Name: Mr ABDUL


News SC dismisses broadcasters’ plea against TDSAT order in NSTPL case relating to RIO

Read more at: https://www.televisionpost.com/television/sc-dismisses-broadcasters-plea-against-tdsat-order-in-nstpl-case-relating-to-rio/ | TelevisionPost.com

News

 

SC dismisses broadcasters’ plea against TDSAT order in NSTPL case relating to RIO


NEW DELHI: Broadcasters suffered a major setback as the Supreme Court dismissed their appeal against the TDSAT’s 7 December judgment mandating RIO as the starting point for negotiations between them and the distribution platforms. The appeals of the Indian Broadcasting Foundation (IBF), Star India and Taj Television challenging the Telecom Disputes Settlement & Appellate Tribunal’s (TDSAT) order were dismissed after being admitted and heard by the apex court. With the SC dismissing the appeals, the TDSAT judgment becomes final. The TDSAT’s order had also stated that Reference Interconnect Offer (RIO) must reflect not only the rates of channels but also the different bouquets in which the broadcaster wishes to offer its channels for distribution along with the rates of each of the formation or bouquet. The matter traces back to the dispute between headend-in-the sky (HITS) operator Noida Software Technology Park Ltd (NSTPL), which operates under JAINHITS brand, and broadcasters Star India and Taj Television. The broadcasters were represented by a battery of top lawyers including P Chidambaram for IBF, Amit Sibal and Gopal Jain for Star India, and Nageswara Rao for Taj. NSTPL was represented by KK Venugopal and Vivek Chib along with Sandeep Ladda. Appearing on behalf of the IBF, senior counsel P Chidambaram said that the TDSAT order infringes on the broadcasters’ right to enter into mutual agreement under freedom of contract. He argued that broadcasters should be allowed to enter into mutual agreements. L Nageswara Rao and Amit Sibal also made the same argument stating that by mandating agreements only on the basis of RIO, the tribunal is curtailing the freedom of contract. They also argued that the TDSAT judgment is flawed as the tribunal has tried to rewrite the regulation. The judgment, they said, also violates the Copyright Act. Notwithstanding the argument put forth by the senior counsels, the bench comprising Justice Anil Dave and Justice Adarsh Goel remarked that the broadcasting sector is governed by the regulatory framework and everyone has to abide by that. They also said that the TDSAT has not come up with a new set of regulations and that it has only interpreted the prevailing regulation. Earlier, the Delhi High Court had dismissed Star India’s petition against TDSAT orders in the same matter contending that the petition is not maintainable as the broadcaster has an alternative remedy to appeal in the SC. Subsequently, the IBF and Taj, along with Star, challenged the TDSAT order in the SC. NSTPL had initially moved the TDSAT with the grievance that MediaPro, the erstwhile distribution joint venture between Star DEN and Zee Turner, is discriminating against it by denying it the supply of signals. After MediaPro split, Star India and Taj Television, the distribution arm of Zee, became the respondents in the case. The matter concluded with the TDSAT’s landmark judgment on 7 December. The TDSAT judgment will come into force from 1 April. However, if the Telecom Regulatory Authority of India (TRAI) issues any new regulations before that date, those regulations will be binding on the broadcasters. TRAI recently issued a consultation paper to develop a comprehensive tariff structure for platforms. In the consultation paper, the broadcast sector regulator discussed what price models would be suitable at the wholesale level in the broadcasting sector, whether there is need to regulate carriage fee, marketing fee and placement fee, and separate tariff for niche and HD channels. The last date for sending comments and counter comments on the consultation paper is 4 and 18 March


Snapshot of the TDSAT judgment

 

* RIO would form the starting point for negotiations between broadcasters and platforms.


* RIO must reflect the rates of channels and bouquets. A la carte rate and the bouquet rates must abide by the ratio mandated in Clause 13.2A.12. RIO must clearly spell out any bulk discount schemes or any special schemes based on regional, cultural, or linguistics considerations.


* The RIO must enumerate all the formats along with their respective prices in which the broadcaster may enter into a negotiated agreement with any distributor.


* The judgment shall take effect on 1 April 2016.


* Broadcasters would issue fresh RIOs in compliance with the interconnection regulations within one month from the operationalisation of the order.


* TRAI should frame a comprehensive code for the broadcasting sector.


* There would be an option to undertake a comprehensive restructuring of the regulations.


*In case TRAI issues any fresh regulations before 1 April 2016, the broadcasters would be obliged to execute agreements on that basis.


* In case no fresh regulations are issued by TRAI, this judgment and order would come into force from the aforesaid date.


* HITS operator is akin to a national MSO and therefore it will be governed by the same commercial terms for an interconnection arrangement as a national MSO


Read more at: https://www.televisionpost.com/television/sc-dismisses-broadcasters-plea-against-tdsat-order-in-nstpl-case-relating-to-rio/ | TelevisionPost.com

 

SC dismisses broadcasters’ plea against TDSAT order in NSTPL case relating to RIO


NEW DELHI: Broadcasters suffered a setback as the Supreme Court dismissed their appeal against the TDSAT’s 7 December judgment mandating RIO as the starting point for negotiations between them and the distribution platforms. The appeals of the Indian Broadcasting Foundation (IBF), Star India and Taj Television challenging the Telecom Disputes Settlement and Appellate Tribunal’s (TDSAT) order were dismissed after being admitted and heard by the apex court. With the Supreme Court dismissing the appeals, the TDSAT judgment will have to be implemented. The TDSAT’s order had also stated that Reference Interconnect Offer (RIO) must reflect not only the rates of channels but also the different bouquets in which the broadcaster wishes to offer its channels for distribution along with the rates of each of the formation or bouquet. The broadcasters had contended that the tribunal through its order dated 7 December had completely taken away the freedom of contract. They also contended that the tribunal had crossed its jurisdiction by passing an order on the TRAI regulation. Earlier, the Delhi High Court had dismissed Star India’s petition against TDSAT orders in the NSTPL matter contending that the petition is not maintainable as the broadcaster has an alternative remedy available of appealing in the Supreme Court. Subsequently, the IBF and Taj Television along with Star challenged the TDSAT order in the Supreme Court. Also Read: TDSAT’s RIO angle in NSTPL case makes broadcasters approach Supreme Court Star mulls moving SC following Delhi HC order relating to RIO in NSTPL case RIO to form starting point for negotiations between broadcasters and platforms: TDSAT TRAI explains to TDSAT its stand on RIO and other interconnect agreement issues TRAI to examine if there is need to regulate carriage fee TRAI set to develop holistic tariff structure for distribution platforms

 

Read more at: https://www.televisionpost.com/television/sc-dismisses-broadcasters-plea-against-tdsat-order-in-nstpl-case-relating-to-rio/ TelevisionPost.com

 

 

 

NEW DELHI: After the Telecom Regulatory Authority of India (TRAI) firmly ruled out any extension of Phase III of digital addressable systems (DAS), the Information and Broadcasting Ministry today told broadcasters that “it is obligatory to stop TV signals to multi system operators (MSOs) and local cable operators (LCOs) who are not registered with the Ministry for operation in DAS notified areas.”
 
In a letter sent to all broadcasters and MSOs, Ministry joint secretary (broadcasting) R Jaya said, “All the broadcasters are requested to ensure to stop TV signals to those MSOs who are not registered with this Ministry for operation in DAS notified areas under Phase Ill and/or those who are not transmitting digitally encrypted TV signals in phase Ill areas after the cut-off date of 31 December, 2015.”
 
The letter aimed at drawing the attention of all broadcasters is drawn to certain rules, regulations and guidelines related to transmission of television signals in connection with approaching cut-off date for Phase Ill of cable digitisation in the country.
 
The letter said under Section 4A of the Cable Television Network (Regulation) Act 1995, it is obligatory for every cable operator to transmit or re-transmit programmes of any channel in an encrypted form through a digital addressable system with effect from the date as may be specified in the notification.
 
Under para 5.6 of the Policy Guidelines for downlinking of Television Channels, the company will provide satellite TV channel signal reception decoders only to MSOs/cable operators registered under the Act or to a direct-to-home operator registered under the DTH guidelines issued by the Government or to an Internet Protocol Television Service (IPTV) provider duly permitted under their existing Telecom license or authorised by the Telecommunications Department or to Headend In The Sky (HITS) operator duly permitted under the policy guidelines for HITS operators issued by I&B Ministry to provide such service.
 
Furthermore, the letter said under sub-regulation 3(2) (Chapter II- Interconnection) of Interconnect (Digital Addressable System) Regulations 2012, every broadcaster will provide signals of its TV channels to MSOs registered under rule 11 of the Cable Television Networks Rules 1994, making request for the same.

 

 

https://www.televisionpost.com/trai-tdsat/trai-sets-rules-of-behaviour-for-msos-and-lcos-operating-in-das/

MUMBAI: The Telecom Regulatory Authority of India (TRAI) has released a list of dos and don’ts for multi-system operators (MSOs) and local cable operators (LCOs) operating in digital addressable system (DAS) areas. The list spells out the process an MSO or an LCO needs to do. This includes registration to signing interconnect agreements to providing signals to linked operators in the case of MSOs. LCOs need to provide service to end customers. The authority has issued three lists—one for MSOs, one for LCOs, and one outlining roles and responsibilities of MSOs/LCOs in relation to customers/subscribers of DAS. Dos and don’ts for MSOs: Dos 1) Register with the Ministry of Information & Broadcasting (MIB) as an MSO. 2) Enter into written interconnect agreement with each LCO if you are providing cable TV services through one or more LCOs. 3) Ensure that a copy of the written interconnect agreement is handed over to the LCO(s) within 15 days from the date of signing of the agreement, and the receipt is duly acknowledged. 4) Ensure that the terms and conditions of the written interconnect agreement conform to the TRAI regulations. 5) Ensure that the interconnect agreement explicitly mentions the date of coming into force and the date of expiry. The agreement will remain valid till the date of expiry of the agreement or the date of expiry of the registration of MSO/ LCO, whichever is earlier. 6) Ensure that the interconnect agreement explicitly lists the responsibilities of the MSO as well as of the LCO. 7) Ensure that the interconnect agreement explicitly mentions the revenue share agreed. The agreement should also clearly mention the revenue settlement procedure between parties, apart from specific provisions for delay in payment. 8) Ensure that the interconnect agreement clearly mentions the procedure for uploading the consumer complaints, received by the linked LCOs, in the complaint handling/monitoring system. 9) Ensure that the interconnect agreement contains explicit provision(s) for settlement of disputes. 10) Provide access to the relevant data in the subscriber management system (SMS) to all the linked LCOs for the settlement of revenue share in accordance with the agreement. 11) Educate your linked LCOs about the various schemes you are offering for procuring a set-top box (STB) by a subscriber and also the channel(s)/bouquet(s) available on your network. 12) Provide adequate number of spare STBs to all of your linked LCOs to meet the timelines set in the Quality of Service Regulations of TRAI, to avoid long disruptions in service to any subscriber due to a faulty STB. 13) Ensure that a prior notice of 15 days is provided through local newspapers and through scrolls on TV screens to inform subscribers who are likely to be affected due to the disconnection. Such notice should be published in two leading newspapers of the state. One of these newspapers should be in the local language. 14) Ensure that a sufficient number of customer application forms (CAFs) and manuals of practice is available with your linked LCOs for distribution to the customers at the time of providing connection. Don’ts 1) Provide cable TV services without a valid MSO registration, which is illegal. 2) Provide cable TV signals to LCOs without a written interconnection agreement. 3) Give pre-activated STB to any LCO or to any customer. 4) Disconnect the signals of TV channels of your linked LCO(s) without giving 21 days’ notice to such LCO(s) and clearly specifying the reasons for disconnection. Dos and don’ts for LCOs: Dos 1) Register with the head post office of your area of operation before offering cable TV services. 2) Renew your registration with the head post office every year. 3) Enter into a written interconnect agreement with the multi-system operator (MSO) whose signal you will carry. 4) Keep a copy of the written interconnect agreement with you. Ensure that you have a copy within 15 days from date of signing of agreement. 5) Give the completed CAF to the MSO for entry of the details into the SMS and retain one copy of the CAF with yourself. 6) Provide complete details of payment made by each subscriber to your MSO within the agreed period. 7) Give the completed surrender application form to the MSO for entry of the details into the SMS. Don’ts 1) Transmit cable TV service without valid registration, which is illegal. 2) Transmit cable TV signals to subscribers without proper written interconnect agreement with the MSO. 3) Discontinue the transmission of cable signal without giving 21 days’ notice to the MSO, clearly specifying the reasons for the proposed discontinuation. 4) Change the MSO of the subscriber till the subscriber request so by filling a surrender application form for the existing MSO’s connection and a new CAF for the new MSO’s connection. The new STB should be activated only after entry of the details, as provided in new CAF, into the SMS of the new MSO. Dos & don’ts for MSOs & LCOs in respect of subscribers of DAS Dos 1) Ensure that your representative carries a proper ID card when visiting a customer’s premises. 2) Ensure that the CAF is given to the customer seeking cable TV connection through DAS. 3) Hand over a copy of the completed CAF to the subscriber. 4) Ensure that the manual of practice is given to the customer at the time of providing connection. 5) Provide a surrender application form on request of the subscriber for surrender of the connection. 6) Explain the terms and conditions for providing an STB to the customer with details of various retail tariff options. 7) Ensure that the terms and conditions of your schemes are explained to the customer in detail at the time of providing connection. 8) Ensure that the retail tariff applicable for subscription of channels/bouquets are explained to the customer in detail at the time of providing connection 9) Issue a bill and payment receipt to every subscriber for every payment made by them. It should include the receipt for payment made towards STBs as well as TV channels. 10) Send acknowledgement of receipt of payment electronically to the subscriber. It may be noted that the electronic acknowledgement of receipt of payment cannot be considered as delivery of receipt, which has to be provided separately. 11) Ensure that the subscription amount paid by an individual subscriber is entered into the SMS before the start of the next billing cycle so that the subscriber is fully informed about the current status of his account. 12) Reduce the subscription charges if any channel becomes unavailable on the network of the MSO. Alternately, the MSO may offer another channel of the same genre and language to the subscriber; if the offer is accepted, then the subscription charges need not be reduced. 13) Publish and prominently display the toll-free consumer care number and contact number of your nodal officer for redressal of consumer grievances and accepting service requests from subscribers. 14) Set up a web-based complaint handling/monitoring system. Subscribers must be able to monitor processing/resolution of their complaints on the website you have set-up. 15) Conduct periodic consumer awareness programmes about Quality of Service (QoS) Regulation provisions for subscribers. Don’ts 1) Activate the STB before entering the details of customer and his choice of channels into the SMS. 2) Discontinue any channel to a subscriber, if the subscriber has already paid subscription amount for that channel in advance and that channel is available on your platform.

Read more at: https://www.televisionpost.com/trai-tdsat/trai-sets-rules-of-behaviour-for-msos-and-lcos-operating-in-das/ TelevisionPost.com
Special Report TRAI sets rules of behaviour for MSOs and LCOs operating in DAS Posted on: 13/05/2015 07:59 PM TelevisionPost Team MUMBAI: The Telecom Regulatory Authority of India (TRAI) has released a list of dos and don’ts for multi-system operators (MSOs) and local cable operators (LCOs) operating in digital addressable system (DAS) areas. The list spells out the process an MSO or an LCO needs to do. This includes registration to signing interconnect agreements to providing signals to linked operators in the case of MSOs. LCOs need to provide service to end customers. The authority has issued three lists—one for MSOs, one for LCOs, and one outlining roles and responsibilities of MSOs/LCOs in relation to customers/subscribers of DAS. Dos and don’ts for MSOs: Dos 1) Register with the Ministry of Information & Broadcasting (MIB) as an MSO. 2) Enter into written interconnect agreement with each LCO if you are providing cable TV services through one or more LCOs. 3) Ensure that a copy of the written interconnect agreement is handed over to the LCO(s) within 15 days from the date of signing of the agreement, and the receipt is duly acknowledged. 4) Ensure that the terms and conditions of the written interconnect agreement conform to the TRAI regulations. 5) Ensure that the interconnect agreement explicitly mentions the date of coming into force and the date of expiry. The agreement will remain valid till the date of expiry of the agreement or the date of expiry of the registration of MSO/ LCO, whichever is earlier. 6) Ensure that the interconnect agreement explicitly lists the responsibilities of the MSO as well as of the LCO. 7) Ensure that the interconnect agreement explicitly mentions the revenue share agreed. The agreement should also clearly mention the revenue settlement procedure between parties, apart from specific provisions for delay in payment. 8) Ensure that the interconnect agreement clearly mentions the procedure for uploading the consumer complaints, received by the linked LCOs, in the complaint handling/monitoring system. 9) Ensure that the interconnect agreement contains explicit provision(s) for settlement of disputes. 10) Provide access to the relevant data in the subscriber management system (SMS) to all the linked LCOs for the settlement of revenue share in accordance with the agreement. 11) Educate your linked LCOs about the various schemes you are offering for procuring a set-top box (STB) by a subscriber and also the channel(s)/bouquet(s) available on your network. 12) Provide adequate number of spare STBs to all of your linked LCOs to meet the timelines set in the Quality of Service Regulations of TRAI, to avoid long disruptions in service to any subscriber due to a faulty STB. 13) Ensure that a prior notice of 15 days is provided through local newspapers and through scrolls on TV screens to inform subscribers who are likely to be affected due to the disconnection. Such notice should be published in two leading newspapers of the state. One of these newspapers should be in the local language. 14) Ensure that a sufficient number of customer application forms (CAFs) and manuals of practice is available with your linked LCOs for distribution to the customers at the time of providing connection. Don’ts 1) Provide cable TV services without a valid MSO registration, which is illegal. 2) Provide cable TV signals to LCOs without a written interconnection agreement. 3) Give pre-activated STB to any LCO or to any customer. 4) Disconnect the signals of TV channels of your linked LCO(s) without giving 21 days’ notice to such LCO(s) and clearly specifying the reasons for disconnection. Dos and don’ts for LCOs: Dos 1) Register with the head post office of your area of operation before offering cable TV services. 2) Renew your registration with the head post office every year. 3) Enter into a written interconnect agreement with the multi-system operator (MSO) whose signal you will carry. 4) Keep a copy of the written interconnect agreement with you. Ensure that you have a copy within 15 days from date of signing of agreement. 5) Give the completed CAF to the MSO for entry of the details into the SMS and retain one copy of the CAF with yourself. 6) Provide complete details of payment made by each subscriber to your MSO within the agreed period. 7) Give the completed surrender application form to the MSO for entry of the details into the SMS. Don’ts 1) Transmit cable TV service without valid registration, which is illegal. 2) Transmit cable TV signals to subscribers without proper written interconnect agreement with the MSO. 3) Discontinue the transmission of cable signal without giving 21 days’ notice to the MSO, clearly specifying the reasons for the proposed discontinuation. 4) Change the MSO of the subscriber till the subscriber request so by filling a surrender application form for the existing MSO’s connection and a new CAF for the new MSO’s connection. The new STB should be activated only after entry of the details, as provided in new CAF, into the SMS of the new MSO. Dos & don’ts for MSOs & LCOs in respect of subscribers of DAS Dos 1) Ensure that your representative carries a proper ID card when visiting a customer’s premises. 2) Ensure that the CAF is given to the customer seeking cable TV connection through DAS. 3) Hand over a copy of the completed CAF to the subscriber. 4) Ensure that the manual of practice is given to the customer at the time of providing connection. 5) Provide a surrender application form on request of the subscriber for surrender of the connection. 6) Explain the terms and conditions for providing an STB to the customer with details of various retail tariff options. 7) Ensure that the terms and conditions of your schemes are explained to the customer in detail at the time of providing connection. 8) Ensure that the retail tariff applicable for subscription of channels/bouquets are explained to the customer in detail at the time of providing connection 9) Issue a bill and payment receipt to every subscriber for every payment made by them. It should include the receipt for payment made towards STBs as well as TV channels. 10) Send acknowledgement of receipt of payment electronically to the subscriber. It may be noted that the electronic acknowledgement of receipt of payment cannot be considered as delivery of receipt, which has to be provided separately. 11) Ensure that the subscription amount paid by an individual subscriber is entered into the SMS before the start of the next billing cycle so that the subscriber is fully informed about the current status of his account. 12) Reduce the subscription charges if any channel becomes unavailable on the network of the MSO. Alternately, the MSO may offer another channel of the same genre and language to the subscriber; if the offer is accepted, then the subscription charges need not be reduced. 13) Publish and prominently display the toll-free consumer care number and contact number of your nodal officer for redressal of consumer grievances and accepting service requests from subscribers. 14) Set up a web-based complaint handling/monitoring system. Subscribers must be able to monitor processing/resolution of their complaints on the website you have set-up. 15) Conduct periodic consumer awareness programmes about Quality of Service (QoS) Regulation provisions for subscribers. Don’ts 1) Activate the STB before entering the details of customer and his choice of channels into the SMS. 2) Discontinue any channel to a subscriber, if the subscriber has already paid subscription amount for that channel in advance and that channel is available on your platform.

Read more at: https://www.televisionpost.com/trai-tdsat/trai-sets-rules-of-behaviour-for-msos-and-lcos-operating-in-das/ TelevisionPost.com


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JAINHITS, Jain Studios Campus, Scindia Villa, Sarojini Nagar, Ring Road, New Delhi - 110023, India. Toll Free: 1800-103-0912, Fax No.: +91-11-26874046 SNCN, 10/6 LS STREET, LILLYPUR, HADDO, PORT BLAIR, Pin : 744102, ANDAMAN and NICOBAR ISLANDS, email id:- sncn.jainhits@gmail.com , Mobile: +919531851529, +919933263060,

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