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TDSAT rejects IBF plea for more time to sign RIOs with NSTPL saying HITS players get equal status with pan-India MSOs

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NEW DELHI: An application by the Indian Broadcasting Foundation seeking extension of time for its members to sign reference interconnect offers agreements with the Noida Software Technology Park Ltd (NSTPL)  has been turned down by the Telecom Disputes Settlement and Appellate Tribunal.  

In a landmark judgment expected to have far reaching consequences on the Indian broadcasting industry, TDSAT had on 7 December last said that headend-in-the-sky (HITS) players should be treated on the same level as pan-India multi-system operators (MSOs) for commercial purposes.

In its judgment on a petition filed by the NSTPL against Media Pro and others, the tribunal said its judgment would come into effect from 31 March 2016 by which time it hoped that the relevant reference interconnect offers will be revised wherever necessary.

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Apart from the IBF, some television channels had also filed applications seeking an extension, and the tribunal had addressed certain questions to the Telecom Regulatory Authority of India in this connection.

In its order, chairman Aftab Alam and members Kuldip Singh and B B Srivastava said after hearing TRAI counsel Saket Singh on the questions addressed to the authority, “We take it to mean that TRAI does not wish any extension of the suspension of the judgment”.

Answering the main of the four questions, Singh had told the Tribunal that the consultation paper dated 29 January 2016 under the caption ‘Tariff issues relating to TV services’ was part of an ongoing process which is undertaken by TRAI from time to time based on its assessment of the relevant issues in the sector. The exercise is undertaken independently though it may cover some of the issues highlighted in the tribunal’s judgment dated 7 December.

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The tribunal also noted that though the IBF had made the application for extension, it was ‘apparent’ from the hearings that took place on the previous dates that some of the major broadcasters ‘have divergent views not only inter-se but also at variance with the position taken the foundation in as much as none of the broadcasters has asked for any extension of the period of suspension of the judgment.’ The extension of the suspension of the judgment was primarily sought on the plea that following the judgment, TRAI had issued a consultation paper that intends to review the regulatory framework for the broadcasting sector.

Naming the broadcasters – Star India, Taj TV, IndiaCast, and MSM who are all members of IBF, the tribunal said” “it appears that at least on the issue of enforcement or further suspension of the judgment, the foundation is not in a position to represent the collective views of all its members. We, therefore, see no reason to entertain the application on behalf of the foundation for any further suspension of the judgment.The application is turned down.” The tribunal directed the remaining cases in the batch to come up on 8 April.

Expectedly, the judgment will also help the Hinduja Group’s HITS platform NXT Digital, which entered into the fray earlier this year.

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In the judgment of 7 December, the Tribunal had directed both Star and Taj, as well as the other broadcasters who have joined the proceedings as intervenors to issue fresh RIOs in compliance with the Interconnect Regulations, as explained in the judgment within one month from the date this order becomes operational and effective. It had said it would be then open to NSTPL to execute fresh interconnect agreements with Star and Taj, and with any other broadcasters on the basis of their respective RIOs or on negotiated terms within the limits.

The tribunal said: “It is difficult to see a HITS operator as different from a pan-India MSO and in our considered view a HITS operator, in regard to the commercial terms for an interconnect arrangement has to be taken at par with a pan-India MSO and must, therefore, receive the same treatment.”

The tribunal had noted that Star and Taj will have to execute fresh interconnect agreements with the petitioner within two weeks from the date of issuance of their fresh RIOs. The agreement with Star would relate back to 30 October 2015 and with Taj to 30 June 2015. The issuance of the fresh RIOs by the broadcasters will also give right to other distributors of channels with whom the broadcasters may be in interconnect agreement to have their agreements modified in terms of clause 13.2A.7.

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NSTPL had executed an RIO based agreement with Media Pro. At that time, it did not complain before the tribunal that it was being forced into the RIO based agreement even though it had ample opportunity to do so as the Media Pro application was pending before the tribunal. Later on, after Media Pro ceased to be an agent of the broadcasters, NSTPL, even after filing the present petition, signed RIO based agreements with both Star and Taj. The agreement with Star was for the period upto 30 July, 2015 and the two agreements with Taj were upto 31 March, 2015.

The Tribunal had also said that NSTPL must therefore be held bound by those agreements till the periods of those agreements and further, three months beyond that in terms of clause 8 of the Interconnect agreement. After those dates (29 October in case of Star and 30 June in case of Taj) the arrangement will be governed by the fresh agreements.

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Awards

Hamdard honours changemakers at Abdul Hameed awards

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NEW DELHI: Hamdard Laboratories gathered a cross-section of India’s achievers in New Delhi on Friday, handing out the Hakeem Abdul Hameed Excellence Awards to figures who have left their mark across healthcare, education, sport, public service and the arts.

The ceremony, attended by minister of state for defence Sanjay Seth and senior officials from the ministry of Ayush, celebrated individuals whose work blends professional success with a sense of public purpose. It was as much a roll call of achievement as it was a reminder that influence is not measured only in profits or podiums, but in people reached and lives improved.

Among the headline awardees was Alakh Pandey, founder and chief executive of PhysicsWallah, recognised for turning affordable digital learning into a mass movement. On the sporting front, Arjuna Awardee and kabaddi player Sakshi Puniya was honoured for her contribution to the game and for pushing women’s participation onto bigger stages.

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The cultural spotlight fell on veteran lyricist and poet Santosh Anand, whose songs have echoed across generations of Hindi cinema. At 97, Anand accepted the honour with characteristic humility, reflecting on a life shaped by perseverance and hope.

Healthcare honours spanned both modern and traditional systems. Manoj N. Nesari was recognised for strengthening Ayurveda’s place in national and global health frameworks. Padma shri Mohammed Abdul Waheed was honoured for his research-backed work in Unani medicine, while padma shri Mohsin Wali received recognition for his long-standing contribution to patient-centred care.

Education and social development also featured prominently. Padma shri Zahir Ishaq Kazi was honoured for decades of work in education, while former Meghalaya superintendent of Police T. C. Chacko was recognised for public service. Goonj founder Anshu Gupta received an award for his dignity-centred rural development initiatives, and the Hunar Shakti Foundation was honoured for empowering women and young girls through skill development.

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The Lifetime Achievement Award went to former IAS officer Shailaja Chandra for her long career in public healthcare and governance, particularly in the traditional systems under Ayush.

Speaking at the event, Hamdard chairman Abdul Majeed said the awards were a tribute to those who combine excellence with empathy. “These awardees reflect Hakeem Sahib’s belief that healthcare, education and public service must ultimately serve humanity,” he said.

Minister Seth struck a forward-looking note, saying India’s young population gives the country a unique opportunity to become a global destination for learning, health and wellness by 2047.

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The ceremony also featured the trailer launch of Unani Ki Kahaani, an upcoming documentary starring actor Jim Sarbh, set to premiere on Discovery on 11 February.

Instituted in memory of Unani scholar and educationist Hakeem Abdul Hameed, the awards have grown into a national platform that celebrates those building a more inclusive and resilient India. For one evening at least, the spotlight was not just on success, but on service with substance.

 

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