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LAW OFFICES C. EDMONDS ALLEN Suite 3-R 806 Lexington Avenue New York, N.Y. 10065 Tel.
LAW OFFICES
C. EDMONDS ALLEN
Suite 3-R
806 Lexington Avenue
New York, N.Y. 10065
Tel. 212-308-0606
Fax. 212-308-0608
ceallen@compassl .com
11 February 2015
Re Home Cable Network (P) Limited
Mr. James Murdoch
Co-Chief Operating Officer
21st Century Fox
1211 Avenue of the Americas
New York, NY 10036
Dear Mr. Murdoch:
Reference is made to the above referenced company and its
Managing Director, Vikki Choudhry, whom you met in Delhi, India,
several years ago.
Mr. Choudhry has requested that I forward to you the
following documents relating to Star India Pct. Ltd. and its
operations in India:
1. Letter from Mr. Choudhry to you dated 9 February 2015
2. Letter from Mr. Neeraj Sharma to Star India Pvt. Ltd.
dated 16 December 2014
3. Letter from Mr. Choudhry to Star India Pvt. Ltd. Dated
30 January 2015
4. Indian Television article dated 5 February 2015
entitled "Delhi HC bars DD from sharing 2015 World Cup feed
with cable ops"
5. Indian Television article dated 7 February 2015
entitled "MSOs write to Govt. on WC telecast issue as
Prasar Bharati gets ready to file appeal in SC"
6. Letter from Mr. Choudhry dated 7 February 2015 to Star
India Private Limited
7. Letter from Mr. Choudhry dated 9 February 2015 to
Ministry of Information & Broadcasting, Government of India
B. Email from Mr. Choudhry dated 9 February 2015 to
Ministry of Information & Broadcasting, Government of India
Mr. James Murdoch - 2 - 11 February 2015 9. Indian Television article dated 9
Mr. James Murdoch
-
2
-
11 February 2015
9. Indian Television article dated 9 February 2015
entitled "Prasar Bharati moves SC against Delhi HC judgment
on World Cup telecasts"
Home Cable Network (P) Limited (Home Cable) has long been
an associate of Star India Private Limited but a rift seems to have
developed over Mr. Peter Mukerjea's successor in Delhi.
We feel that this is a matter than can be resolved between
principals and hence beseech you to intercede to work with Home Cable
to avoid and stop the litigation which has begun.
We look forward to your response to Mr. Choudhry and a
successful resolution to the matters contained in the attachments.
Very truly yours,
CEA/bg
Encs.
cc: Mr. Rupert Murdoch
Mr. John Nallen
Mr. Vikki Choudhry
Home Cable Network (P) Limited .490LI995Prco/1666 (A
Home Cable Network (P) Limited
.490LI995Prco/1666
(A
Without Prejudice Sent through Mr. C. Edmonds Allen The COO, 21 Century Fox Headquarters New
Without Prejudice
Sent through Mr. C. Edmonds Allen
The COO,
21 Century Fox
Headquarters New York, USA
Dear James,
We are writing to you to bring to your notice the unprofessional manner in which ground distribution
partners like us are being isolated by denial of signals of various channels of the Star group here in
India. All this is being done under the leadership and instruction of your CEO here Mr. Uday, Shankar.
We have always appreciated and supported the Star Group as their ground partner for last 23 years
and under the leadership of Mr. Peter Mukerjea, we always felt as co business owners and he used to
ensure the same in his approach towards us. He would himself get on the ground and make visits to
check himself if the relationship with his ground partners was going well or needed some intervention
and rectification. If you see the record of complaints during his tenure you would find that he shared
a very perscnnel rapport and would put his hands into the ground to resolve issues and ensure that
tie relationship was at its best which is definitely not the case now and intact has been detiorating
since the last 5 years under the new leadership.
You would also recall that during the lunch meeting with you in New Delhi where we had a brief
discussion we had communicated the same as to how we felt belonged as a part of the Star family
however under the current leadership not only are the ground partners being isolated but there are
personal favours been given by the CEO to players like DEN (because of his closeness with Sameer
Manchanda) and in return getting personal financial gains.
You must be also aware how the current CEO has violated the already signed agreement with
Doordarshan by getting an order from the Hon'ble Delhi High Court to deny the rights of the upcoming
World Cup 2015 event, not only is the national broadcaster upset but is moving the relevant
authorities and it has the support of the independent ground distributors who are also very unhappy
and have already written to the Ministry of l&B to revoke the downlinking licence of Star India. (Please
rid attached the said communication)
We have substantial documentation that would support our statements above, the current
management through the legal team has been involved in bribing the ministry and other regulatory
offIcials and like Sony Corp there is an indirect scrutiny about to be unveiled to find if Star India has
also indulged in the same act.
We still feel that there is a scope of getting things under control and we appreciate your positive and
supportive attitude towards us hence felt the need to send this communication to you through our
Company Attorney and representative Mr. C Edmonds Allen,
With Best Rega rd
Dated: 9 February 2015
~Vli k;
Choudhry
'
Managing Director
CC:
Mr. Rupert Murdoch- Chairman & CEO
Mr. John Nallen - CFO
rel.
Fax
: 91-11-47790000
'-9t-1 1-26922347
maiI)homecabIe.tv
Corporate Office
untt-30, Bock-11I, Tnbhuvan ComØ1e
New Delhi-110065 (India)
Registered Office;
19, CSC (ODA), Sukhdev Vihr
New Delhi-110025 (India)
Home Cable Network (P) Limited (IN U74899DL995pTC071666 -- C A B Dated: 161" December 2014
Home Cable Network (P) Limited
(IN U74899DL995pTC071666
--
C A B
Dated: 161" December 2014
L E
BY SPEED POST A.D / Email
To
Star India Pvt. Ltd
Star House, Urmi Estate
95 Ganpatrao Kadam Marg, Lower Parel (West)
Mumbai 400013
Subject: Request for execution of DAS Interconnect agreement for DAS notified areas of
Phase-I, II, III & IV for the pay TV Channels by the Pay TV Broadcasters and their respective
Channel aggregators.
Dear Sir,
Please find enclosed a letter dated 28-11-2014 from Ministry of Information & Broadcasting
Government of India, sent by Shri. Shanker Lai, Deputy Secretary to the Government of India.
Where we have been asked to operationalize our services with the necessary Conditional
Access System (CAS) and Digital Addressable System (DAS) within 6 (Six) months from the
date of issuance of this letter / order dated 28 th November 2014.
Failing which the MSO registration granted to us on 18-07-2012 for the cities/towns/areas
occurring against Phase-1, Phase-11, Phase-Ill and Phase- IV as notified in the notification of
Government of India in the Ministry of Information & Broadcasting 5.0. number 2534(E),
dated 11 l1 November 2011 (as been amended recently) shall be liable to be
revoked/suspended for those cities where it is not implemented.
In view of the above we hereby request you to enter into an interconnect agreement for your
distributed Pay TV channels based on the RIO published by you on non-discriminatory/
equitable terms to be offered on an a-la-carte basis for the following cities/towns/areas
occurring against DAS, Phase- II, Phase-Ill and Phase-IV. Where we would also like to again
inform you, that we had already operationalized our services in Delhi, Gurgaon, Faridabad
and Ghaziabad with our POPs (Point of Presence) in these respective areas. Whereas we
fequest you to enter into arriiitercorinctreerneit with üs for the Phas -and Phase III -
notified areas as above along with areas occurring against DAS Phase-11, Ill & IV as mentioned
below:
Manesar -DAS-3, Dharuhera-DAS-3, Rewari- DAS-4, Bawal-DAS-4, Behror-DAS-3, Alwar-
DAS-3, Jaipur-DAS-2, Bhiwadi- DAS-3, Sohna-DAS-3, Nuh-DAS-4, Firozpur Jhirka- DAS-4,
Palwal-DAS-3, Hodal-DAS-4, Kosi Kalan-DAS-3, Mathura-DAS-3, Agra-DAS-2, Bharatpur-
DAS-3, Noida-DAS-3,Greater Noida-DAS-3, Hapur-DAS-3, Moth Nagar -DAS-3, Murad
Nagar- DAS-3, Meerut- DAS-2, Loni Dehat- DAS-4, Sonipat- DAS-3, Panipat-DAS-3,
Bhadurgarh-DAS-3, Jhajjar-DAS-3, Rohtak -DAS-3 & OAS-4, Gohana- DAS-3, Bhiwani-DAS-3,
Charkhi Dadri- DAS-3, Mahendargarh- DAS-4, Narnaul-DAS-3, Pataudi- DAS-4, Ballabhgarh-
DAS-3 & Tigaon -DAS-4.
Page 1 of 2
Tel,
-91 11-47 790000
Fax -91-11-26922347
F-mail-
maI'omecabIe,tv
Corporate Office:
Unit-30, 8Iok-11I, Tr:bhuvan Complex
New Delhi-110065 lnda)
Registered Office
19, CSC (DIA), Sukhdev V!hCr
New Deihi-110025 (India)
A
I
C A Please note that the above mentioned areas/ town/ cities, fall under the urban
C A
Please note that the above mentioned areas/ town/ cities, fall under the urban Municipality
B
t F
Corp/ municipalities as well in the respective rural areas, adjacent to the above failing under
Phase-11, III & IV of DAS implementation.
Please appreciate that the Constitution of India, Article 19 "Right to freedom" (d) (e) and (g)
allows its citizens to:
(d)
to move freely throughout the territory of India
(e)
to reside and settle in any part of the territory of India
(g)
to practice any profession, or to carry on any occupation, trade or business.
In case of any further clarification or Information, Please feel free to contact the under signed.
Thanking you in anticipation of a prompt response.
For Home Cable Network [P1 Limited
Neeraj Sharma
Chief Operating Officer
E mail: neerajhomecable.tv
Mobile: +919811735937
End: As Above
CC TO: Shri. Shanker Lal, Deputy Secretary to the Government of India
Ministry of Information & Broadcasting "A" Wing, Shastri Bhawan, New Delhi- 110001
(For information and status report to be sent to the Ministry of Information & Broadcasting
only after the Interconnect agreements are duly executed by the Pay TV Broadcasters and
their authorised Channel Aggregators for the above mentioned DAS- II, 111 IV notified
areas/town/cities) with us.
Page 2 of 2
/ Home Cable Network (P) Limited 95P1CO? . . C A B . E Without
/ Home Cable Network (P) Limited
95P1CO?
.
.
C
A
B
.
E
Without Prejudice
By Speed Post A.D/ Email
To
The Authorised Signatory
Star India Pvt. Ltd
Star Centre Plot No.77,
Sector 32, Gurgaon, Haryana-122 001
Subject: Your letter dated 27tfl January 2015
"Request for Signals"
Dear Sir,
We are in receipt of the above dated letter in reply to our, letter sent dated 16 1h December
2014 where you have in order to mislead the Regulator TRAI, Ministry of Information &
Broadcasting and the Hon'ble TDSAT have again tried to raise this false bogey of default in
payment and further have now also alleged that we are also pirating your signals.
Please do refer to our rejoinder / reply filed at the Hon'ble TDSAT on 12'January 2015,in our
ongoing matter, petition 466 (C) of 2013 Home Cable Network [P] Limited Vs Media Pro
Enterprise India Pvt Ltd. & Ors. Where we have provided you with all the details, SOA, SMS
Generated Broadcaster Reports and other various annexures of our communications
exchanged till Dec 2014.
Dear Sir, please be reminded that by your this conduct of continuously and intentionally giving
wrong facts and knowingly inducing false and frivolous allegations in order to mislead a
Hon'ble Court, Authority or a duty bound Govt. of India official can force us to initiate
proceedings u/s 340 of the CrPc against the Managing Director, Directors and authorized
representatives of your company under Sections 191, 193, 196,199 and 120B of the Indian
Penal Code.
Also here, we would like to put on record that it's no more a hidden secret that your CEO Mr.
Uday Shankar has been very much acting hand in glove with the other competing MSOs i.e
DEN and Siti Cable with some financial understandings accrued to him and his close aides
directly from them in his personal capacity. For which he has been misusing the Star India
channel distribution platform in order to promote the business interest of these other
competing MSOs, while facilitating denial of the Star TV content to other MSOs
In view of all the above and our ongoing business association with the Star TV Group of almost
22 years now, we request you to facilitate an interconnect agreement for your distributed
Pay TV channels based on the RIO published by you on non-discriminatory / equitable terms
to be offered on an a-la-carte basis to the consumers, now for the DAS Phase —I, II, III & IV
areas/cities/towns falling in the state(s) of Delhi, Haryana, Western Uttar Pradesh &
Rajasthan.
rel
Fay
+911 147 790000
-91-11-26922347
E-mail . maiI.homecable.tv
Corporate Office:
Unit-30, Block-lit, Tr,bhuvan CornDlex
New Delhi- 110065 (fnd'a)
Registered Office
19, csc (DDA), Sukhdev Vihar
New Delhi- 1 10025 (India)
Hence we would request you to facilitate this arrangement/agreement by the end of this February
Hence we would request you to facilitate this arrangement/agreement by the end of this
February 2015, as we have to adhere strictly to provide compliance and a status report to
the Ministry of Information & Broadcasting, as have been intimated to us vide its letter dated
28-11-2014. Failing which, we will be constrained to request the Ministry of Information &
Broadcasting to also initiate cancellation of the downlinking licence for the Pay TV channels
distributed by your company SIPL, in case if our pan-India DAS registration granted by the
ministry is revoked/ suspended for those areas/districts where we are not able to implement
/operationalise our DAS services in absence of you not coming forward to execute the SIPL
Interconnect Agreement.
Thanking you in anticipation of you processing our request for the execution of the SIPL
interconnect agreement at the earliest.
For Home Cable Network 1P1 Limited
Dated: 3011 January 2015
Viki Choudhry
Mnaging Director
Indian Television Dot Corn I Delhi HC bars DD from sharing 2015 Wo http://www.indiantelevis Television
Indian Television Dot Corn I Delhi HC bars DD from sharing 2015 Wo
http://www.indiantelevis
Television Cable TV DTH Regulators
MAM
Satellite iWorld
1
High Court I&B Ministry Supreme Court TDSAT TRA! People
Free Online Television
Turn Your Computer into a TV! Watch Full TV Episodes w Free App
News Headline
share this on
Delhi HC bars DD from sharing 2015
World Cup feed with cable ops
By indiantelevisioncom Team Posted on 05 Feb 2015 01:04 am
Executive Dossi*r 1
Asia CEO CVL Srni'
1,906 views
f4
2/10/201 3:37 PM
lncnan 'lelevision Dot Corn! Delhi HC bars DD from sharing 2015 Wo ! r L1I
lncnan 'lelevision Dot Corn! Delhi HC bars DD from sharing 2015 Wo
!
r
L1I
Television Cable TV DTh Regulators MAM Satellite iWorid Movies Technology Exec
- --
the exclusive
broadcasting rights, with
cable operators.
tllmfanatic,coni
A bench of Justice Badar Durrez Ahmed
and Sanjeev Sachdeva passed the order on
the plea of Board of Control for Cricket in
India (BCCI), ESPN and Star who had
contended that cable TV operators were
getting live feeds through DD channels free
of cost, resulting in loss of revenue for
them.
Watch 1 000s o Mo
Now For Movie &
Internet Cble
Packages
Internet CbIe
Packages
Watch Live! Sp
related stories
DD can share World Cup signals
with cable operators: Supreme
Court
The Court however refused to grant relief
of striking down a 2000 notification issued
by Prasar Bharati which made it mandatory
for cable operators to carry DD National
and DD News channels. Simultaneously,
the Court also rejected the additional
prayers by ESPN Star to strike down
section 3 of the Sports Act, which makes it
mandatory for them to share with Prasar
Bharati the live feed of sporting events of
national importance.
Top lnterne P1
Cable Tv
Prasar Bharati moves SC against
Delhi HC judgment on World Cup
telecasts
How to DotY
DD to appeal against Delhi HC's
order barring sharing of 2015 WC
feed with cable ops
- A DD official who did not want to be named
Advertising ISp
Trends
Advertise E et
Delhi High Court stays EC's paid told indiantelevision.com that under
$49
news notice to Ashok Chavan
the
Sports
Broadcasting Signals
(Mandatory Sharing with Prasar Bharati)
Start Downiba
CBFC has powers to issue Act 2007, DD could show the matches only
multiple certificates on various on its terrestrial network and via its direct-
versions of films to-home platform, Freedish. "The directive
by
the
Court
appeared
to
be
a
precautionary measure aimed at warning
cable operators who pirate the signals and not Doordarshan," the official said.
A legal expert dealing with broadcasting laws told indiantelevision.com that since
the 'must-carry clause' had not been struck down, it would be very difficult to
prevent the local cable operators from showing the matches. The expert
indicated that DD may need to approach the Court to seek clarity on the order.
In the order, the Court said: "The appeal as well as writ petition (civil)
8458/2007 are allowed to the extent that the live broadcasting signal shared by
ESPN/STAR by virtue of the Sports Act with Prasar Bharati, shall not be carried
in the designated Doordarshan channels under the must carry obligation cast by
the Cable TV Network Act on cable operators. This shall operate prospectively."
In its directive, the Court observed that while the advertisement revenue
received by DD in respect of the shared content of the sports channels was to be
shared in the ratio of not less than 75:25, "it still does not cater to the loss of
subscription revenue" by ESPN and Star.
BCCI, Nimbus Communications and the two sports channels (ESPN and Star)
had challenged the High Court's single judge November 2007 order rejecting
their pleas that no cable television network, Direct-to-Home (DTH) Network,
multi-system network or local cable operator could broadcast such sports events
without a licence from the content owners.
TAGS: Delhi High Court I Doordarshan I Prasar Bharati I 2015 ICC Cricket World Cup I
Star India I ESPN I FREEDISH J DO News I Directive I BCCI I
2 of4
2/10/201 3:37 PM
inaian lelevision Dot Corn I MSOs write to Govt. on WC telecast issu http://www.indiante BETA
inaian lelevision Dot Corn I MSOs write to Govt. on WC telecast
issu
http://www.indiante
BETA
Television Cable TV DTII Regulators MAM Satellite iWorid Movi S 1
Multi System Operators Local Cable Operators People
Free Online Television
Turn Your Computer into a TV! Watch Full TV Episodes w Free App
share this on
News Headline I
MSOs write to Govt. on WC telecast
issue as Prasar Bharati gets ready to file
appeal in SC
15
By indiantelevision.com Team Posted on 07 Feb 2015 04:56 pm
Executive Dossir' Asia CEO CVL Sr;ni' 1,906 views
Executive Dossir'
Asia CEO CVL Sr;ni'
1,906 views
Indian Television Dot Corn I MSOs write to Govt. on WC telecast issu http:!/www.indiantelevision am_Ems
Indian Television Dot Corn I MSOs write to Govt. on WC telecast
issu
http:!/www.indiantelevision
am_Ems
BETA
Television
Cable TV
DIN
gqgj1Wors MAM Satellite
iWorid
Movies
Technology
Exec Li
S.,.
) multi-system oPedratrs(ISos) have urged
neeiorkappeIIatel v'eri
secretary Birnal Julka that the Delhi High
Court order relating
to the
World
Cup
Federal Crimin I Ap
Appeals Feder I Co
telecast will have 'grave consequences with
-
millions of Cable TV homes in the country
Internet C ble
being forced to subscribe to the ESPN Star
0
n
Packages
Sports
Watch Fre
Mi
Advertising Sp
Trends
related stories
Delhi MC bars DD from sharing
2015 World Cup feed with cable
ois
Pres. Obar a I
Calcutta HC extends Digicable
Comm interim stay till 6 April
150 Mile R ng
Antenna
Appellate S ra
Delhi HC wants to know if DTH
players can run FM channels and
VAS
Watch Live Sp
Pressure of work before MC leads
to adjournment of ad cap hearing
to 21 January
Want To Pu Ii
Book?
Ad Cap case adjourned till 20
November
Top Interne Pi
In a letter sent to Julka with copies to I&B Minister Arun Jaitley and officials of
Prasar Bharati and the Telecom Regulatory Authority of India (TRAI), Vikki
Choudhary on behalf of the smaller MSOs and LCOs said, "The move will force
cable TV customers to subscribe to all the Star Sports channels even under the
Digital Access System (DAS) regime."
Describing the judgment as a 'big shock', Choudhary of Home Cable in his letter
to
the Ministry has described the court order as 'vague' on the re-transmission
of
Doordarshan feed of the Cricket World Cup 2015 matches. "We are under a
mandatory 'must carry' clause of the DD Channels on our DAS cable distribution
platform," the letter read.
DD legal experts have on the other hand said that an appeal would be filed in
the Supreme Court since the directive of the High Court militates against the
must-carry clause and the Sports Broadcasting Signals (Mandatory Sharing with
Prasar Bharati) Act 2007- Several multi-system operators in the capital also
confirmed to indiantelevision.com that they were planning to either file an
independent appeal or intervene in the appeal to be filed by Doordarshan or
Prasar Bharati.
A bench of Justices Badar Durrez Ahmed and Sanjeev Sachdeva passed the
-
it
order on 4 February on the plea of Board of Control for Cricket in India (BCCI),
ESPN and Star who had contended that cable TV operators were getting live
feeds through DD channels free of cost, resulting in loss of revenue for them.
TAGS: Prasar Bharati I Doordarshan I High Court I Appeal I Cricket World Cup 2015 I
Sachin Tendul
of
2/10/20153:40PM
Home Cable Network (P) Limited BY SPEED POST AD I EMAIL To The Authorised Officer(s)
Home Cable Network (P) Limited
BY SPEED POST AD I EMAIL
To
The Authorised Officer(s)
Star India Private Limited
Star Centre Plot No 77
Sector 32 Gurgaon, Haryana- 122 00 1
Subject: Our Communication to SIPL dated 16th December 2014 and our subsequent reply
sent to your letter received on 27th January 2015 vide our letter sent by SPEED POST A.D
Email dated 30th January 2015.
Dear Sir,
We are writing to you again, in reference to our earlier above stated communications sent,
where we had requested you to execute with us an Interconnect Agreement for your
distributed Pay TV Channels, as you are already aware that since March 2014 we have been
denied the signals of the Star Sports Channels namely Star Sports —1, 2, 3 & 4. Where the
matter was referred by us to the Industry Regulator IRA! vide our letter dated 18th March
2014 with a reminder to TRAI dated 24th April 2014 and our subsequent complaint /
communications! replies sent to TRAI dated 7th May 2014, 5th June 2014 and 30th June
2014.
Please refer to our letter to SIPL dated 30th January 2015. Where we have categorily stated
and have put on record that "it's no more a hidden secret that your CEO Mr. Uday Shankar
has been operating complete hand in glove with the other competing MSOs 1.e DEN and Siti
Cable with some financial understandings accrued to him and his close aides in his personal
capacity. in order to support the said parties he has been misusing the Star India channel
distribution platform in order to promote the business interest of these other competing
MSOs, while facilitating denial of the Star TV content to other MSOs" like us
Where by you have now confirmed the above with your recent act of extensively advertising
on air as well on print that states "Watch World Cup 2015 exclusively only on Star Sports
Channels and those can only be subscribed on DEN and Hathway Cable networks". After you
have co-petitioned a case with the BCCI in the Hon'ble Delhi High Court, and have purposely
misled the Hon'ble Court to have passed an order for also the Denial of DD Channel feed of
the Cricket World Cup 2015 to the Cable operators and the independent MSOs like us.
Sir, by your this repeated acts of denial of SIPL distributed content / channels to a business,
not adhering to the Advertisement code & the Advertisement cap regulations of 12 minutes
in an hour as been prescribed by TRAI, "even though it should have been much lesser for
the pay TV channels", discriminatory pricing of your distributed pay TV channels, and
thereafter even going to the extent of misleading and inducing false evidence under the oath
to mislead an Hon'ble court that can have serious consequences and adversely affect the
interest of the millions of citizens of this country and also jeopardize the business interest of
Page
1
- .91-11-47790000
Corporate Office:
Registered Office
tel.
Fax .91-11-26922347
E-mail - mail@homecable.tv
Unit-30, Block-ill, Tribhuvan Complex
New Delhi-110065 (India)
19, CSC (DDA), Sukhciev Vihar
New Delhi-I 10025 (India)
thousands of Indian entrepreneur's in the country, who's livelihood is going to get effected due
thousands of Indian entrepreneur's in the country, who's livelihood is going to get effected
due to the irreparable loss you bring in by your standing in continuous violations of the law
of the land, circumventing the downlinking regulations as been notified from time to time and
in grave violations of the fundamental rights this republic bestows on to its citizens, you have
intentionally targeted the livelihood of entrepreneur independent MSO and LCO's by
manipulative sign offs with other leading MSO's in order to endanger the right of the
entrepreneurial individuals to do business here by forcing us to move the various legal and
regulatory departments to look at the permissions given for the said channels owned and run
by you in complete violation of the permissions wherein the permissions were sought under
commitment to provide the said channels content to all individuals in this trade.
Hope this monopolistic move is rectified soon and a mutual way found for you to continue
doing business in this country.
For Home Cable Network [P] Limited
Dated: 7 11 February 2015
IQ
VkkiChoudhry
\\
Managing Director
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Page 12
Page 12
Home Cable Network (P) Limited
Home Cable Network (P) Limited
BY SPEED POST A.D I EMAIL To The Secretary Government of India Ministry of Information
BY SPEED POST A.D I EMAIL
To
The Secretary
Government of India
Ministry of Information & Broadcasting
Shastri Bhawan "A" Wing
New Delhi - 11000 1
Subject: Urgent request for Cancellation of the Downlink permission of the Pay TV Channels
ramely Star Sports- 1, Star Sports 2, Star Sports 3 & Star Sports 4 distributed by Star India Pvt
Limited "SIPL" formerly also known as Star Sports India Pvt. Limited "SSIPL"
Respected Sir,
This is pursuant to our recent communication/ representation sent dated 6th February 2015
to the Ministry of Information & Broadcasting & Others "Denial of Retransmission of Cricket
World Cup 2015 to MSOs/ Cable Operators on the DD Prasar Bharti Feed"
Sir, this to inform you that since 22'd February 2014 we have been denied the signals of the
Sports channels those were distributed by Star Sports India Private Limited (now known/
merged with Star India Private Limited)
Sir, after the Government of India has mandated the Digitisation of Cable TV Networks (DAS)
by amending the Cable Television Networks (Regulations) Amendment Act 2011 No 21 of
2011 and Cable Television Networks (Amendment) Rules 2012 Digital Addressable System,
We had applied for our DAS registration and thereafter, we had installed and operationalised
cur Digital Addressable System by making this huge investment in the DAS infrastructure from
cur own limited financial resources, taking loans from the banks, family and friends just in
crder to adhere to the Government of India regulations and the law as amended and notified.
The supply of the signals of the Star Sports channels were discontinued to our network from
the midnight of 311 Oct 2012, as DAS was being implemented from the midnight of 315t Oct
2012, inspite of our communications /Emails sent on 23 Oct 2012, 31 Oct 2012 & 3 Nov
2012. Where this pay TV broadcaster insisted that we need to get an audit done of our DAS
installed by them Anyways an audit was conducted by the said pay TV broadcaster and finally
cur interconnect agreement was signed on 19' November 2012 and the Sports channels
v;ere provided to us only after 23 d November 2012. (We were purposely denied the Signals
cf the Star Sports Channels for almost 23 Days. In order to harm the business interest of small
independent entrepreneurs MSOs like us)
Whereas again on 28' January 2014 this broadcaster SSIPL issued a disconnection notice
under regulation (6) 1 for execution of a fresh interconnect agreement, and finally the supply
Page 1
o 3
lei.
+91-11-47790000
Faic
+91-11-26922347
E-mail maiIhomecabIe.tv
Corporate Office
Unit-30, Block-UI, Tr,bhuvan comoley
New Delhi-1101365 (India)
Registered Office
19, CSC (DDA), Sukhdev Vihar
New Delhi-110025 (India)
of signals were again discontinued on 22 Feb 2014 ( please refer to the Email
of signals were again discontinued on 22 Feb 2014 ( please refer to the Email dated 2111
February 2014 sent by us to the authorised officers of the Star India Private Limited).
This arbitrary denial of Sports Signal was referred by us to the Industry Regulator TRAI with a
request for facilitation of the interconnect agreement between Home Cable Network {P]
Limited and SSIPL (Formerly known as ESPN Software (I) Pvt Limited) as per Clause 5.11 of the
"Telecommunication (Broadcasting and Cable Services) Interconnect (Digital Addressable
Cable Television Systems) Regulations, 2012 (11) vide our letter sent Dated 18 th March 2014,
with a reminder to TRAI dated
24th April 2014 and our subsequent complaint/
communications/ replies with all annexures/ records sent to TRAI dated 7 t1 May 2014, 5
june 2014 and 30" June 2014.
Sir we have enough evidence on record to produce at any regulatory forum, Department or
the Court of law, to substantiate that, Star India Private limited has deliberately with malice
been in repeated denial of their distributed content / Pay TV channels to us. Please refer to
cur letters / replies sent to Star India Private Limited dated 16' December 2014, 301 January
2015 and 7 February 2015. (Attached / Enclosed)
Therefore we request you to immediately cancel the downlinking permission granted to SIPL
for the channels namely Star Sports 1, Star Sports 2, Star Sports 3 and Star Sports 4. For the
repeated acts of denial of SIPL distributed channels to a legitimate business having a DAS
registration issued by your Ministry, not adhering to the advertisement code & the
advertisement Cap regulation of 12 minutes in an hour as been prescribed by TRAI after a
due consultation process ("Even though it should have been much lessor for the Pay TV
Channe!s"), discriminatory pricing and forcing upon fixed fee deals in order to extort money
from Millions of Cable TV consumers in the country and thereafter even going to the extent
cf misleading and inducing false evidence under oath to mislead an Hon'ble court, duty bound
Government of India official and even to the regulator TRAI by misrepresentation of the
factual position in order to mislead by concealment of material facts. That can have serious
consequences and adversely affect the interest of the millions of citizens of this country and
also jeopardize the business interest of thousands of Indian entrepreneurs in the country,
whose livelihood is going to get effected due to the irreparable loss they bring in by standing
in continued violations of the law of the land.
Where as per the undertaking given by Star India seeking permission that the channel be
permitted to be down linked in India as they wish to provide the content and the signal to all
t - e ground distribution operators namely independent LCO, MSO's and other distributors
however the company over a period of time has restricted its distribution of services to
limited platforms to that of the DTI-I and a few MSO's like DEN and Hathway hence we request
the Ministry to relook at the permission given and give restricted permission wherein they
give the service of the said channels to limited ground distributors.
It is also worthy to note that they have violated the agreement reached with Prasar Bharti for
sports content sharing and depriving ground distributors who have been appreciating the
improving content of the Doordarshan channels and promoting the national broadcaster in
Page 2 of 3
national interest and this act should also be a base for revoking the permissions given
national interest and this act should also be a base for revoking the permissions given to the
said channels and asked for a written explanation for the violating acts of the parent company
Star India Private Limited
It has also come to our knowledge through very reliable sources in the industry that SIPL has
also actively indulged in bribing the Government of India officials, rampant corrupt corporate
practices, getting kickback on deals, siphoning of money abroad through illegal routes. For
which they should be thoroughly investigated and booked under the PC Act 1988, PMLA and
for the serious violations under the FCPA. "That certainly we will be taking up through our
Attorney based it the USA"
We really hope that the Ministry of Information and Broadcasting functioning under the
Government of India will take up an exemplary stand by cancelling the downlinking
permission granted for the above named pay TV channels in order to protect the interest of
the millions of C&S TV consumers and the independent entrepreneurs like us in the country.
Thanking you in anticipation that the Govt. of India will not overlook the interest and the
fundamental rights this republic bestows on to its citizens.
For Home Cable Network [P] Limited
Dated: 9th February 2015
LU
Vicki ChoudhrV
Mnaging Director
/
End: as above
CC TO:
The Hon'ble Prime Minister of India
CEO DD- Prasar Bharti
The Hon'ble Minister Information & Broadcasting
Page 3 of 3
HCNPL letter to MIB urging Cancellation of the Downlink Permissi Subject: HCNPL letter to MIB
HCNPL letter to MIB urging Cancellation of the Downlink Permissi
Subject: HCNPL letter to MIB urging Cancellation of the Downlink Permission granted to SS-1,2,3 & 4
From: "Vikki Choudhry" <vikki@homecable.tv>
Date: 2/9/2015 6:22 AM
To: "Hon'ble Minister l&B" <inb.mibgmail.com >, "Hon'ble Minister l&B MIB' <Mib.inb@nic.in >, "MIB' <dirbc-
moib@nic.in >, "PPS to ADDLSecretary MIB" <asmib.inb@nic.in >, "Navil Kapur MIB" <navilkapur@nic.in >, "PPS t
JSB MIB" <jsb.inbnicin>, "PS to Secretary \(l&B\) MIB" <secy.inbnic.in >, 'Rejimon KS -MIB"
<ks.rejimonnicin>, Secretary MIB" <secretarymibyahoo.com >, "Shanker Lal -MIB"
<lalshanker. 1 960gmail.com >, 'Vinay Srivastava MIB" <vinay.sgov.in>, "Yogendra Pal <das.mib©gmail.com >,
"Yogendra Pal MIB" <yogendrapa!gmailcom>
CC: "Prime Minister of India" <pmosb©nic.in>, "Principal Advisor PMO" <oo.prlsecypmo©nic.in>, "CEO Prasar
Bharati" <ceo. office@p rasa rbh arati. o rg>, "CEO; Prasar Bharati" <ceobciyahoocom>, "PrasarBh JawaharSircar"
<sircar.jgmail.com >, "PrasarBh JawaharSircar' <ceobci@yahoo.com >, <bcs©trai.gov.in >, "Chairman TRAP"
<cptraigov.in >, "Shri. Parameshwarn TRAI" <param.traigmaiI.com >, "G.S Kesarwani TRAP Deputy Advisor"
<dabcs@trai.gov.in >
BY SPEED POST A. D I EMAIL
To
The Secretary
Government of India
Ministry of Information & Broadcasting
Shastri Bhawan "A" Wing
New Delhi - 11000 1
Subject: Urgent request for Cancellation of the Downlink permission of the Pay TV Channels namely Stat
Sports- 1, Star Sports 2, Star Sports 3 & Star Sports 4 distributed by Star India Pvt Limited "SIPL" formerly
also known as Star Sports India Pvt. Limited "SSIPL"
Respected Sir,
This is pursuant to our recent communication/ representation sent dated 6th February 2015 to the
Ministry of Information & Broadcasting & Others "Denial of Retransmission of Cricket World Cup 2015
to MSOs/ Cable Operators on the DD Prasar Bharti Feed"
Sir, this to inform you that since 22nd February 2014 we have been denied the signals of the Sports
channels those were distributed by Star Sports India Private Limited (now known/ merged with Star
India Private Limited)
Sir, after the Government of India has mandated the Digitisation of Cable TV Networks (DAS) by
amending the Cable Television Networks (Regulations) Amendment Act 2011 No 21 of 2011 and Cable
Television Networks (Amendment) Rules 2012 Digital Addressable System. We had applied for our DAS
of 5
2/10/2015 3:55 PM
HCNPL letter to MIB urging Cancellation of the Downlink Permissi registration and thereafter, we had
HCNPL letter to MIB urging Cancellation of the Downlink Permissi
registration and thereafter, we had installed and operationalized our Digital Addressable System by
making this huge investment in the DAS infrastructure from our own limited financial resources, taking
loans from the banks, family and friends just in order to adhere to the Government of India regulations
and the law as amended and notified.
The supply of the signals of the Star Sports channels were discontinued to our network from t e
midnight of 31st Oct 2012, as DAS was being implemented from the midnight of 31st Oct 2012, insp e
of our communications /Emails sent on 23rd Oct 2012, 31st Oct 2012 & 3rd Nov 2012. Where this p y
TV broadcaster insisted that we need to get an audit done of our DAS installed by them Anyways n
audit was conducted by the said pay TV broadcaster and finally our interconnect agreement was sign d
on 19th November 2012 and the Sports channels were provided to us only after 23rd November 201
(We were purposely denied the Signals of the Star Sports Channels for almost 23 Days. In order to har
the business interest of small independent entrepreneurs MSOs like us)
Whereas again on 28th January 2014 this broadcaster SSIPL issued a disconnection notice under
regulation (6) 1 for execution of a fresh interconnect agreement, and finally the supply of signals were
again discontinued on 22nd Feb 2014 ( please refer to the Email dated 21st February 2014 sent by us to
the authorised officers of the Star India Private Limited).
This arbitrary denial of Sports Signal was referred by us to the Industry Regulator TRAI with a requestf4r
facilitation of the interconnect agreement between Home Cable Network {P1 Limited and SSIIL
(Formerly known as ESPN Software (I) Pvt Limited) as per Clause 5.11 of the "Telecommunicatioh
(Broadcasting and Cable Services) Interconnect (Digital Addressable Cable Television System4)
Regulations, 2012 (11) vide our letter sent Dated 18th March 2014, with a reminder to TRAI dated 24th
April 2014 and our subsequent complaint/ communications/ replies with all annexures/ records sent t
TRAI dated 7th May 2014, 5th June 2014 and 30th June 2014.
Sir we have enough evidence on record to produce at any regulatory forum, Department or the Court of
law, to substantiate that, Star India Private limited has deliberately with malice been in repeated deniaI
of their distributed content I Pay TV channels to us. Please refer to our letters I replies sent to Star
India Private Limited dated 16th December 2014, 30th January 2015 and 7th February 2015. (Attached!
Enclosed)
Therefore we request you to immediately cancel the downlinking permission granted to SIPL for the
channels namely Star Sports 1, Star Sports 2, Star Sports 3 and Star Sports 4. For the repeated acts of
denial of SIPL distributed channels to a legitimate business having a DAS registration issued by you
Ministry, not adhering to the advertisement code & the advertisement Cap regulation of 12 minutes in
an hour as been prescribed by TRAI after a due consultation process ("Even though it should have been
much lessor for the Pay TV Channels"), discriminatory pricing and forcing upon fixed fee deals in order to
extort money from Millions of Cable TV consumers in the country and thereafter even going to the
extent of misleading and inducing false evidence under oath to mislead an Hon'ble court, duty bound
Government of India official and even to the regulator TRAI by misrepresentation of the factual position
in order to mislead by concealment of material facts. That can have serious consequences and adversely
affect the interest of the millions of citizens of this country and also jeopardize the business interest of
thousands of Indian entrepreneurs in the country, whose livelihood is going to get effected due to the
irreparable loss they bring in by standing in continued violations of the law of the land.
2 of 5
2/10/201
3:55 PM
HCNPL letter to MIB urging Cancellation of the Downlink Permissi Where as per the undertaking
HCNPL letter to MIB urging Cancellation of the Downlink Permissi
Where as per the undertaking given by Star India seeking permission that the channel be permitted to
be down linked in India as they wish to provide the content and the signal to all the ground distributi n
operators namely independent LCO, MSO's and other distributors however the company over a pen d
of time has restricted its distribution of services to limited platforms to that of the DTH and a few MS 'S
like DEN and Hathway hence we request the Ministry to relook at the permission given and gi e
restricted permission wherein they give the service of the said channels to limited ground distributors.
It is also worthy to note that they have violated the agreement reached with Prasar Bharti for spor
content sharing and depriving ground distributors who have been appreciating the improving content
the Doordarshan channels and promoting the national broadcaster in national interest and this a
should also be a base for revoking the permissions given to the said channels and asked for a writt
explanation for the violating acts of the parent company Star India Private Limited
It has also come to our knowledge through very reliable sources in the industry that SIPL has alo
actively indulged in bribing the Government of India officials, rampant corrupt corporate practice,
getting kickback on deals, siphoning of money abroad through illegal routes. For which they should
thoroughly investigated and booked under the PC Act 1988, PMLA and for the serious violations und4r
the FCPA. "That certainly we will be taking up through our Attorney based in the USA"
We really hope that the Ministry of Information and Broadcasting functioning under the Government
India will take up an exemplary stand by cancelling the downlinking permission granted for the abc
named pay TV channels in order to protect the interest of the millions of C&S TV consumers and t
independent entrepreneurs like us in the country.
Thanking you in anticipation that the Govt. of India will not overlook the interest and the fundamental
rights this republic bestows on to its citizens.
For Home Cable Network [F'] Limited
Dated: 9th February 201
Vikki Choudhry
Managing Director
HCNPL letter to MIB urging Cancellation of the Downlink Permissi End: as above CC TO:
HCNPL letter to MIB urging Cancellation of the Downlink Permissi
End: as above
CC TO:
The Hon'ble Prime Minister of India
CEO DD- Prasar Bharti
The Hon'ble Minister Information & Broadcasting
Vikki Choudhry Home Cable Network [P] Limited E: vikki@homecable.tv M: +9198100 55287 W: www.homecable.tv The
Vikki Choudhry
Home Cable Network [P] Limited
E: vikki@homecable.tv
M:
+9198100 55287
W:
www.homecable.tv
The information contained in this e-mail message is intended only for the use of the individual or entity
to which it is addressed. If you are not the intended recipient, you should return it to the sender
immediately. Please note that while we scan all e-mails for viruses we cannot guarantee that any e-mails
virus-free and accept no liability for any damage caused by any virus transmitted by this email
- Attachments:
HCNPL Letter to MIB Dated 09th Feb2015 for Cancellation of SIPL Downlink Permissoripdf
1.0 MB
HCNPL Letter to SIPL Dated 16th Dec2014.pdf
1.6
MB
HCNPL Letter to SIPL Dated 30th Jan2015.pdf
1.4
MB
I of 5
2/10/20113:55 PM
HCNPL letter to MIB urging Cancellation of the Downlink Permissi HCNPL Letter to SIPL Dated
HCNPL letter to MIB urging Cancellation of the Downlink Permissi
HCNPL Letter to SIPL Dated 7th Feb 2015.pdf
1.6
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sharing signals of the ICC World
Cricket 2015 with cable operators.
Cup
2014prices.cori/Interr
es. -
The leave petition presented by Attorney
Internet Packa
2015 Hot Off
General Mukul Rohatgi is expected to come
up for hearing on 10 February. India Vs St
Live
In its judgment, the HC had refused to
strike down the must carry clause
under
Free Onlin
TE
which cable operators have to carry signals
of Doordarshan.
Federal Ap e
related stories
A bench of Justices Badar Durrez Ahmed
and Sanjeev Sachdeva passed the order on
DO to appeal against Delhi HC's
order barring sharing of 2013 WC
feed with cable ops
the plea of Board of Control for Cricket in
India (BCCI), ESPN and Star who had
Watch Fre
Mi
contended that cable
TV operators were
Delhi MC bars DD from sharing
2015 World Cup feed with cable
ops
getting live feeds through DD channels free
of cost, resulting in loss of revenue for
them.
Want To P bli
Book?
150 Mile R
Antenna
ng
Ad cap case adjourned till 15 July
In its order, the Court refused to strike
down a 2000 notification issued by
Prasar
Appellate S ra
Apex Court sets up panel to study
issuance of ads glorifying
politicians
Bharati, which made it mandatory for cable
operators to carry DD National and DD
News channels. Simultaneously, the court
Radio Live
also
rejected
the
additional
prayers
by
DTH operators to challenge I&B
Ministry's notice on arrears
ESPN Star to strike down Section 3 of the
Concealed
a
Sports Act, which makes it mandatory
for
them to share with Prasar Bharati the live
feed of sporting events of national importance.
DD officials said the Mandatory Sharing Act was clear that matches would have
to be shared with DD on its terrestrial network and via its direct-to-home
Freedish. An official said the
directive
by
the
Court
appeared
to be a
precautionary measure aimed at warning cable operators who pirate the signals
and not Doordarshan.
In the order, the Court had said, "The appeal as well as writ petition (civil)
8458/2007 are allowed to the extent that the live broadcasting signal shared by
ESPN/Star by virtue of the Sports Act with Prasar Bharati, shall not be carried in
the designated Doordarshan channels under the must carry obligation cast by
the Cable TV Network Act on cable operators. This shall operate prospectively."
In its directive, the Court had observed that while the advertisement revenue
received by DD in respect of the shared content of the sports channels was to be
shared in the ratio of not less than 75:25, "it still does not cater to the loss of
subscription revenue" by ESPN and Star.
BCCI, Nimbus Communications and the two sports channels (ESPN and Star)
had challenged the high court's single judge November 2007 order rejecting
their pleas that no cable television network, Direct-to-Home (DTh) Network,
multi-system network or local cable operator could broadcast such sports events
without a licence from the content owners.
TAGS: Prasar Bharati I Delhi High Court I Supreme Court I Special Leave Petition I Mukul
Rohatgi I Cricket World Cup 2015 I Doordarshan I Barred I Star Sports I ESPN I FREEDISH
I Nimbus Communications I
BIG Star Entert
2 of
2/10/2015 3:25 PM