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Even as the case is pending in the Supreme Court, the government has sent notices to all the six private direct-to-home (DTH) operators asking them to cough up the pending licence fee dues within the next 15 days. The total amount claimed by the government is a whopping Rs 2,066 crore ( Rs 20.66 billion), according to a source familiar with the development. Dish TV will have to pay Rs 625 crore ( Rs 6.25 billion), followed by Tata Sky who will need to shell out Rs 620 crore ( Rs 6.20 billion), the source added. The Ministry of Information & Broadcasting (MIB) had sent the notices to the DTH operators on 24 March. DTH companies are required to pay 10 per cent of their adjusted gross revenue (AGR) as annual licence fee to the government. However, some DTH operators like Tata Sky have questioned the definition of AGR. Their contention is that licence fee should be paid only on subscription revenue and not on allied earnings such as dividend and interest income. The DTH operators, have also argued that licence fee should be applicable to subscription revenue net of content cost (as content cost is a pass-through to the broadcasters). The matter moved to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) and the dispute is now lying in the Supreme Court. The matter is sub judice and comes up for hearing in the first week of April. Tata Sky MD and CEO Harit Nagpal admitted that the company has received the notice. “The notice has come but we are studying it and will decide on our next course of action soon,” he told TelevisionPost.com. Another senior official from a leading DTH operator said the MIB’s demand to pay licence fee based on gross revenue along with interest is completely unjustified particularly since the matter is sub judice and is coming up for hearing in first week of April. There are two options before the DTH operators. “Either we write back to the MIB explaining why they cannot raise this demand at this juncture since the matter is sub judice or we file an application in the Supreme Court against the move. Nothing has been finalised and we are exploring both the options,” the official said. Since the matter is sub judice, the Supreme Court is expected to grant a stay in favour of the DTH operators till the final verdict is out. Any judgment contrary to this will hurt the DTH companies. While DTH companies provide for 10 per cent licence fee on overall revenue in their profit and loss account, they pay less (only on subscription revenue net of content cost) at about 5 per cent of overall revenue. The rest is booked as a provision in the balance sheet, along with applicable interest. As of 31 March 2013, Dish TV’s closing provision pertaining to regulatory dues (including interest) stood at Rs 653.66 crore ( Rs 6.54 billion). DTH operators are hopeful that the Telecom Regulatory Authority of India (TRAI) would bring down the licence fee from 10 per cent to 8 per cent. Since this will be applicable prospectively, it will have no impact on the current case. The final decision on the licence fee structure will be taken by the new government.
Read more at: Govt asks DTH operators to cough up Rs 20.7 bn as licence fee dues | TelevisionPost.com | TelevisionPost.com
Read more at: Govt asks DTH operators to cough up Rs 20.7 bn as licence fee dues | TelevisionPost.com | TelevisionPost.com