my communication sent to 21st cf mr. james murdoch in feb 2015

23
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

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My Communication sent to 21st CF in Feb 2015, addressed to Mr. James Murdoch. on Star India CEO Mr. Uday Shankar induced affairs of rampant corporate corrupt practices including FCPA violations, kick backs and Quid pro quo with a Cable Distribution platform DEN Networks .

TRANSCRIPT

  • 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 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

    Without Prejudice Sent through Mr. C. Edmonds Allen

    The COO, 21 Century Fox Headquarters New York, USA

    Dear James,

    (A

    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

    ~Vli k; Choudhry ' Managing Director CC: Mr. Rupert Murdoch- Chairman & CEO Mr. John Nallen - CFO

    rel. : 91-11-47790000 Corporate Office Fax '-9t-1 1-26922347 untt-30, Bock-11I, Tnbhuvan Com1e

    maiI)homecabIe.tv New Delhi-110065 (Indi a)

    Dated: 9 February 2015

    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

    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 28th 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 11l1 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 s 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.

    Tel, -91 11-47 790000 Corporate Office:

    Registered Office

    Page 1 of 2 Fax

    -91-11-26922347 Unit-30, 8Iok-11I, Tr:bhuvan Complex 19, CSC (DIA), Sukhdev V!hCr

    A F-mail- maI'omecabIe,tv New Delhi-110065 lnda) New Deihi-110025 (India)

    I

    L E

  • C A B t F Please note that the above mentioned areas/ town/ cities, fall under the urban Municipality 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 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 +911 147 790000 Corporate Office: Registered Office Fay

    -91-11-26922347 Unit-30, Block-lit, Tr,bhuvan CornDlex 19, csc (DDA), Sukhdev Vihar E-mail . maiI.homecable.tv New Delhi- 110065 (fnd'a) New Delhi- 1 10025 (India)

  • 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 Cable TV DTH Regulators MAM Satellite iWorld

    High Court I&B Ministry Supreme Court TDSAT TRA! People

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    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

    1

    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...

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    broadcasting rights, with

    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.

    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.

    - A DD official who did not want to be named Delhi High Court stays EC's paid told indiantelevision.com that under news notice to Ashok Chavan the Sports Broadcasting Signals

    (Mandatory Sharing with Prasar Bharati) 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

    related stories DD can share World Cup signals with cable operators: Supreme Court

    Prasar Bharati moves SC against Delhi HC judgment on World Cup telecasts

    DD to appeal against Delhi HC's order barring sharing of 2015 WC feed with cable ops

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    News Headline I share this on

    MSOs write to Govt. on WC telecast issue as Prasar Bharati gets ready to file 15 appeal in SC By indiantelevision.com Team Posted on 07 Feb 2015 04:56 pm

    Executive Dossir' Asia CEO CVL Sr;ni' 1,906 views

    I of 2/10/20113:40 PM

  • 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

    multi-system oPedratrs(ISos) have urged )

    S.,.

    neeiorkappeIIatel v'eri secretary Birnal Julka that the Delhi High Federal Crimin I Ap Court order relating to the World Cup Appeals Feder I Co telecast will have 'grave consequences with

    - millions of Cable TV homes in the country Internet C ble

    0 being forced to subscribe to the ESPN Star Sports n Packages

    Watch Fre Mi

    Advertising Sp related stories Trends

    Delhi MC bars DD from sharing Pres. Obar a I 2015 World Cup feed with cable ois 150 Mile R ng Calcutta HC extends Digicable Antenna Comm interim stay till 6 April

    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 Want To Pu Ii to adjournment of ad cap hearing Book? to 21 January Ad Cap case adjourned till 20 Top Interne Pi November

    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 - order on 4 February on the plea of Board of Control for Cricket in India (BCCI), it 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) 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

    tel. - .91-11-47790000 Corporate Office: Registered Office Page 1

    Fax .91-11-26922347 Unit-30, Block-ill, Tribhuvan Complex 19, CSC (DDA), Sukhciev Vihar E-mail - [email protected] New Delhi-110065 (India) New Delhi-I 10025 (India)

  • KAT 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

    IQ VkkiChoudhry

    \\ Managing Director RVO

    Dated: 711 February 2015

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    Page 12

  • Home Cable Network (P) Limited

    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

    lei. +91-11-47790000 Corporate Office Registered Office Page 1 o 3

    Faic +91-11-26922347 Unit-30, Block-UI, Tr,bhuvan comoley 19, CSC (DDA), Sukhdev Vihar E-mail maiIhomecabIe.tv New Delhi-1101365 (India) New Delhi-110025 (India)

  • 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 18th

    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 7t1 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 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 urging Cancellation of the Downlink Permission granted to SS-1,2,3 & 4 From: "Vikki Choudhry" Date: 2/9/2015 6:22 AM To: "Hon'ble Minister l&B" , "Hon'ble Minister l&B MIB' , "MIB' , "PPS to ADDLSecretary MIB" , "Navil Kapur MIB" , "PPS t JSB MIB" , "PS to Secretary \(l&B\) MIB" , 'Rejimon KS -MIB" , Secretary MIB" , "Shanker Lal -MIB" , 'Vinay Srivastava MIB" , "Yogendra Pal , "Yogendra Pal MIB" CC: "Prime Minister of India" , "Principal Advisor PMO" , "CEO Prasar Bharati" , "CEO; Prasar Bharati" , "PrasarBh JawaharSircar" , "PrasarBh JawaharSircar' , , "Chairman TRAP" , "Shri. Parameshwarn TRAI" , "G.S Kesarwani TRAP Deputy Advisor"

    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 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 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

    3 of 5

    Vikki Choudhry

    Managing Director

  • 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: [email protected] 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 7th Feb 2015.pdf

    1.6

    5 of 5

    2/10/201 3:55 PM

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    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."

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