Email to Swarnavahini Live @ 8 ........... 29th Aug 2006

The following email was sent to Swarnavahini today regarding the inconveniences done to CBNsat & LBN, its employees and the subscribers.

Dear Sir,

We are TV Radio Sri Lanka and we operate several blogs in this country that cater to the informational needs of the Sri Lankan public

TV & Radio Sri Lanka - http://tvradiosrilanka.blogspot.com/
CBNSat Forum - http://cbnsat.blogspot.com/
Comet Cable Forum - http://cometcable.blogspot.com/
LBN Cable TV Forum - http://lbncable.blogspot.com/

The first blog provides information about the Radio & TV Industry in Sri Lanka and the rest cater to the customers of the relevant Cable tv service providers. We are totally independant of the cable tv operators and any tv station.

Sir, the tv channel run by the EAP Group Swarnavahini was available on the CBNsat platform and was much clearer than the regular transmission.

As you may be well aware CBNsat and LBN were shutdown on false pretext on June 6th 2006.

However it is sad to note that Swarnavahini Live @ 8 is not providing any coverage of the court case involving CBNsat and LBN. Is it due to competition between the EAP Network channels and the channels available on CBNsat or is it because there seems to be politics involved behind the closure of these cable tv providers. We hope Swarnavahini is not avoiding the CBNSat closure news.

There are many subscribers inconvienced by the closure of these cable tv channels CBNsat (20,000 customers) and LBN (10,000 customers) having a total viewership of over 100,000.

Swarnavahini claims to be the most balanced news provider in Sri Lanka but we do not see it living upto it's reputation as being one of them.

We would like to request Swarnavahini to highlight the inconviences suffered by the subscribers of CBNsat as well as LBN and also to urge the authorities to allow CBNsat and LBN to restart operations.

There have been several people living in outstation areas who are unable to receive the Swarnavahini transmissions due to their location and have been enjoying the broadcast over CBNsat.

We hope that due consideration will be given and the plight of the customers, employees (over 300 employees) and the injustices suffered by the companies (LBN and CBNSat) will highlighted on Swarnavahini.

This email will be posted on the CBNsat blog without divulging your email address for all our readers to see.

Thanking you for your time

Admin

For those of you who want to email Swarnavahini and tell them about your inconveniences regarding the closure of CBNsat and LBN please email them on "support@swarnavahini.lk" and indicate them to forward the email to the Managing Director.

Email to MBC News First ........... 28th Aug 2006

The following email was sent to Maharaja Broadcasting Corporation's News First Division today regarding the inconviences done to CBNsat & LBN, its employees and the subscribers.

Dear Sir/Madam,

We have for the first time in Sri Lanka formed a blog that gives information on the TV & Radio Industry in Sri Lanka. The aim is to inform the people and request the government for the introduction of digital tv and radio in sri lanka. As you may know several countries in the world are introducing digital tv and radio and have set deadlines for this purpose. In Sri Lanka there is no such plan.

Anyway we expanded our reach from the general purpose and had specialised blogs for the cable tv companies in sri lanka.

Please find the addresses of the blogs given below

TV & Radio Sri Lanka - http://tvradiosrilanka.blogspot.com/
CBNSat Forum - http://cbnsat.blogspot.com/
Comet Cable Forum - http://cometcable.blogspot.com/
LBN Cable TV Forum - http://lbncable.blogspot.com/

At the moment the blogs assigned to the individual companies such as CBNsat and LBN are concentrating on pressurising the authorities to restore services of these companies. These are independant blogs and not affliated to the companies in any way.

CBNsat has over 20,000 subscribers and LBN has over 10,000 subscribers and the viewship exceeds over 100,000.

These two companies were shutdown by the authorities and upto now they are not giving any consideration to the people who bought the connections from these companies.

People have spent their hard earned money to purchase these connections to watch educational programmes, sports programmes, etc which are not provided by the local tv channels.

News First is one of the most popular news bulletins in Sri Lanka, if not the most popular and Channel One MTV is the only private channel to carry out an English News bulletin.

Why has News First not given proper coverage of the court cases involving CBNsat and LBN. The News First motto is "We Report, You Decide". There has been no "We Report" on the matter regarding CBNsat and LBN. Where is Action TV which highlights the inconviences of the people in this country. Surely LBN and CBNsat customers are also being inconvienced and they are also citizens of Sri Lanka.

CBNsat and LBN are also media companies and it is very sad to note that News First is ignoring it and also the subscribers of these services.

This email that we are sending you will to be published on the LBN and CBNsat blogs.

We request News First to give due coverage and highlight the injustices done to the company, its employees and specially its subscribers in all three languages.

However at the moment it is regrettable that News First is not giving any information regarding the CBNsat and LBN case but we sincerely hope that this will change and News First will highlight the injustices done towards all parties involved in this case.

Thanking you for your time. Awaiting a favourable reply.

Regards
Admin

LBN sends letter to subscribers

The below letter was sent to all LBN Customers on Friday according to an email from Mr. Shirantha Herath Managing Director, LBN.

Dear Customer

Please accept our sincere apologies for not communicating to you earlier. This is because the matter was in court and there was no clear direction that we could communicate as well as we did not want to prejudice the courts

At today’s(25th Aug) hearing in the Court of Appeal the attorneys for both the TRC and the CID stated that LBN’s application for a license from the TRC has been forwarded to the defence ministry for clearance in accordance with a Presidential Directive and a response will be given by Friday, 1^st of September.

The TRC requested for one more week to process the application. The court noted that the TRC will process LBN’s application on a priority basis if and when Defence clearance is received.

We reiterate our commitment to resuming the transmission at the very earliest and once again deeply regret any inconvenience caused and are most grateful for your patience, understanding and loyalty.

LBN MANAGEMENT

LBN replies..........on 24th Aug 2006

Dear TV Radio Sri Lanka,

Thank you for your mail and we fully appreciate the good work you are doing on behalf of the customers.

We concede to the criticism that we have not kept our customers informed as well as we should. However we are embroiled in this very unpleasant legal wrangle and the matter is now before courts as you are aware. As a result of this we are constrained from fully informing our customers of the facts as we do not want to prejudice our case.

On the 21^st of August the CID, TRC and the Media ministry were requested to file objections(Written submissions against the case presented by LBN) and LBN have to file counter objections on the 25^th of August and the court will set dates for the hearing thereafter. We are confident that an early date will be set for arguments as the courts seem to appreciate the urgency.

Once again thank you for your good work and support.

Kind regards
Shirantha Herath
Managing Director
LBN

***Note :- We would like our LBN readers to keep us updated on the happenings at court tomorrow and as the days progress.

LBN hearing on 25th Aug 2006

We have reports that LBN has a hearing on 25th Aug 2006. Although the details of the hearing are sketchy. With the CBNsat hearing being postponed to Sep 18th, it would be great if LBN gets a good result at their hearing but this looks highly unlikely though. We have also emailed the Managing Director of LBN asking him to arrange for proper distribution of information about the LBN hearings and their results. As of now we have not received a reply from him.

Today (24th) LBN is scheduled to carry out test transmissions and it should have begun at 10:00AM and is scheduled to end at 4:00PM according to the court ruling. Anyone receiving the test transmissions.

Please keep us posted on the result of the 25th Aug court hearing of LBN as the days progress.

LBN Court Hearing?

We are not getting any reports regarding the LBN court hearing today. This makes us wonder whether the hearing is postponed again. In fact we are getting other reports that LBN reps are informing to some customers that the hearing is today and they say to some other customers that the hearing is on the 25th. This is very good customer service on their part. The Reps should divulge correct information and not contradicting statements. LBN Management please make sure this does not happen again.

We would like to request the customers of LBN to update this blog on the result of todays court hearing if there was a hearing today and also update on whether there was a hearing today.

LBN Court Hearing today (21st Aug)

According to reports, LBN Cable TV should have a hearing today. We are unable to clarify whether the hearing will be at the Magistrates Court or the Appeals Court. There was other information saying that the court case is postponed to Aug 25th. However all reports indicate today being the date of the hearing.

Let's hope that something positive is achieved in the court hearing to be held today. We would like our fellow LBN customers to keep us updated with information on today's court hearing as well as the confirmed date and time of the hearing, whether it is a magistrate court or appeals court hearing and the results of todays hearing.

LBN test transmissions held yesterday

Yesterday (17th) LBN has carried out test transmissions of its network and we have reports that in a few places like Colombo 4, the customers were able to view the transmissions. A few channels were said to have been broadcast but the channels have not been clear.

If there are those who received the channels clearly we would like you to update us on what channels you were able to see and the area in which you are from.

We would like to urge the customers of LBN to unite and form an association and fight for your rights as consumers. You are welcome to use this blog to get in touch with each other. The CBNSat subscribers who formed CBNSat Subscribers Unite have sent letters to the relevant authorities and have made a press release yesterday. For more information on this please visit the CBNSat Forum.

Please keep us updated on the latest happenings regarding LBN as the day progresses and as we progress into the weekend.

LBN due to carry out Test Transmissions today

Today is thursday (Aug 17th) and LBN is due to carry out test transmissions between 10AM and 4PM. We would like to request our fellow LBN Customers to keep us updated on the channels that were broadcast during the testing and also the area in which you received the test transmissions. Please indicate at what time the test transmission were visible and also the duration.

Please keep us updated on any news regarding LBN as the days progress.

LBN present at CBNSat hearing yesterday 15 Aug 2006

LBN was present at the CBNSat hearing yesterday. Given below is a transcript of what was said by LBN as reported by The Daily Mirror 16th Aug 2006.

Counsel for LBN said that the Supreme Court had allowed CBNSat to run test transmissions and to operate their equipment without telecasting the programmes. On those grounds, they too made an application to the magistrate to operate test transmissions. Their application was granted and they will start test transmissions on Thursdays.

Please refer below link for the full article

TV Station Licences to be freely issued : Media Ministry - Daily Mirror 16th Aug 2006

As per the court rulings LBN will be carrying out test transmissions tomorrow and we would like our fellow LBN readers to keep us updated when you start receiving the test transmissions.

Extension of Deadline for Cable TV Licenses

Please refer the following link for further information

Extension of Deadline for Cable TV Licenses

Some channels were visible on LBN yesterday (10th Aug)

We are getting reports that as of 3:30PM last evening all the LBN channels were visible except HBO, HBO Signature and Zee Cafe during their test transmission.

This is indeed good news for the LBN Customers but we are unable to confirm this. Anyone who was able to view channels during the test transmission please confirm this report. We wonder whether the channels were viewable to only a certain segment of LBN customers living in a certain area.

The next test transmission will be carried out next thursday (17th) and we sincerely hope that the license will be granted soon.

We would like our readers to keep us updated as the day progresses and right throughout the weekend.

First day of LBN Test Transmissions

Today LBN carried out their test transmissions but it was not visible to the customers and was an internal test and checking according to reports that we are receiving.

Therefore the next date will be next Thursday (17th) and it is still to be seen whether it will be visible to customers on next thursday.

We got reports that the officials arrived at the location late. We would like our readers to keep us updated on what exactly happened today as the day progresses.

LBN Test Transmission today 10th Aug 2006

As per the court ruling on Monday 7th Aug 2006, LBN should be able to carry out test transmissions from 10AM to 4PM today. According to a report in yesterdays The Morning Leader LBN and CBNSat should be able to commence transmissions from September.

We have not received information whether the seals at LBN have been removed and we would therefore request our readers to keep us updated on this.

We would also like our readers to update us on what channels are being transmitted by LBN for their test transmission. We are sure that our LBN readers who are at home will keep us updated on this matter.

Satisfactory News for LBN Customers

LBN has won a court order and have been given permission to resume test transmissions from 10th August 2006. Please see post below.

We would like all our readers who are LBN customers to update us and confirm when the test transmission commences on Thursday.

We are also receiving comments that this Blog continually runs down LBN. The fact of the matter is that unlike the other operators, LBN is not making information about it known. They were unfairly shutdown and that is the most important thing. We hope you do not misunderstand our efforts.

We will be in a better position to uphold their cause if they are more open about themselves. Even their website is not operational and is also having the same screen that they had when they were shutdown. They could at least update everyone on the present situation via their website. It is almost impossible to get confirmation from their call centre and if we call them, they are unable to confirm any information that we already know.

Anyway this blog will always strive to get the best out of LBN and not unfairly criticise them But LBN should be more transparent about itself.

Anyway we sincerely hope that the authorities will issue a license to LBN soon and bring relief to the company as well as its subcribers.

Please keep us updated on the information about LBN as the day progresses.

LBN to resume test transmission - The Daily Mirror 8th Aug 2006

The Chief Magistrate Colombo Kusala Sarojini Weerawardena made order permitting LBN to resume test transmissions on Thursdays from 10:00 AM to 4:00PM, considering an application made by the cable network.

The Managing Director of LBN of Kirula Road, Narahenpita Colombo 5 filed an application seeking permission of the Court to begin a test transmission. Counsel for the applicant Mr. Kuvera de Zoysa citing an order of the Supreme Court stated that Court had allowed the applicant in that case the CBNSat of George R. De Silva Mawatha Col 13 to transmit test transmissions.

Therefore LBN should also be permitted to commence test transmissions as the causes of action in cases are similar.

CID Inspector Mahinda did not object to the application. He asked Court to allow the application to do the test transmissions under the inspection of technical officers from the SLRC and TRC.

The Magistrate ordered LBN to carry out the test transmissions on Thursdays from 10:00AM to 4:00PM.

She ordered LBN not to transmit regular or serial programmes. She also ordered the CID to get the assistance of Rupavahini Corporation and the TRC to assist LBN.

The test transmission will commence from August 10.

The CID filed a separate application before the Magistrate to order CBNSat network to carry on their test transmission only in the presence of CID and officers from SLRC and TRC. The Magistrate overruled the application.

Counsel Kuvera de Zoya with Aruna Wickramarasinghe instructed by Sudath Perera Associates appeared for LBN Cable Network.

By T. Farook Thajudeen

LBN gets approval for test transmissions?

We are getting unconfirmed reports that LBN has got the approval for test transmission and maintenance.

There are also reports saying that the court case scheduled for August 21st has been postponed to August 25th.

We would like the customers of LBN to provide us with confirmation relating to this news report.

LBN Clueless about events

In what can be described as a terrible case of confusion it seems that some of the LBN reps do not know that LBN is going to courts today trying to get permission for a test transmission. This was reported yesterday, as well as it was reported in todays "The Island" newspaper.

Well we have not received any information regarding this and we have to presume that LBN has not got permission today or has to wait till 21st Aug 2006 to seek permission.

LBN has to take appropriate steps to keep their customers informed on the present situation. We would like to inform all of you out there to keep updating this forum on any new information about LBN as the day progresses and right throughout the weekend.

LBN goes to court today to ask for maintenance and test transmission

After yesterdays landmark decision on CBNSat, LBN Cable TV will be going to court today Aug 4th, 2006 to seek approval for maintenance and for test transmissions. Please read article below.

Anyone who can confirm the time of this hearing please update us on this information. In addition we request the relevant authorities to give LBN permission to carry out a test tranmission and also to maintain their equipment and eventually to grant them permission to carry out business as usual. Please take into consideration the customers and the employees of LBN when taking decisions.

We would like our valued readers to keep us updated on the results of todays hearing and any other information as the day progresses.

CBNSat Seal Removed - The Island "Financial Review" 4th Aug 2006

LBN Seeks court approval today to start maintenance and test tranmission

Supreme Court yesterday gave the verdict for CBNSat to maintain its transmission equipment and to start test transmissions, which was sealed for almost one and ahalf months (since June 23).

CBNSat which is a BOI company was operating a satellite television service on a license issued by the Minister of Mass Communication in 2003 and is considered as an EGO with reference to the TRC website was sealed suspection transmitting LTTE pro television programmes were being aired. As of June 2006 CBNSat catered to 20,000 customers with 300 employees.

CBNSat Chief Executive Officer Muhunthan Canagey told The Island Financial Review that company is looking forward to obtain license before August 23, 2006 and to commence its commercial transmission. "If they want us to obtain any more license we are willing go for it. But have no plans of putting the increased cost burden on the shoulders of our subscribers. However, with the new license in place we will be bound to a pay a cess of 0.3% from our turnover. We need to thank our customers who were waiting patiently to see the services started and the financial institutions in recovering their funds." Canagey said.

CBNSat Manaer Legal Ms. Dilani Nanadasiri explaining thay the operations aspect stated that TRC or any other competent authority is welcome to monitor transmissions. "We would welcome authorities to monitor our services onm a regular basis to make sure no prop LTTE programmes are being telecast," she said.

Meanwhile LBN which is a cable tv operator has instituted legal remedies to maintain its equipment and the cable network laid within the Colombo Metropolitan and suburbs .

LBN which catered to 10,500 subscribers was also shutdown in early June and 140 employees on its payroll. "We will seek legal remedy with regards to this license issue and will continue to cater to our valued customers. We have no plans to revise prices though we will go for fresh licenses which are costly," said LBN Shirantha Herath.

According to industry cources, satellite television will be subjected to an annual cess fes based on 0.3% of total sales subject to a minimum of Rs 500,000/=. The licensee will not be permitted to establish its own telecommunications links, other than access to satellites to connect the systems to other compatible licensed systems.

By Ashwin Hemmathagama

LBN Court Hearing Postponed to 21 Aug 2006

Reports are coming in that the LBN Court Case has been postponed to 21 Aug 2006. However we are also receiving information that they will go to courts tomorrow and ask for permission to carry out a test tranmission. We require confirmation of all this information.

Today a positive result was obtained for CBNSat at the Supreme Court, please refer the CBNSat Forum

If the lower court is not giving a favourable decision it is best for LBN to take up the case at the Supreme Court. We would also urge the LBN Customers to join up and put pressure on the authorities similar to what was done by CBNSat Subscribers Unite.

We would like to request all of you to keep updating this forum as information about the LBN hearing comes out as the day progresses.

LBN Cable TV Court hearing today 3rd Aug 2006

LBN Cable TV is having it's Court hearing today. We presume that there are two hearings today, one being the Magistrates Court hearing and the other being the Appeals Court hearing. LBN which we said did not fight the case strongly all these days has made one of the best appeals to the Appeal Court regarding the injustices done to them.

This is clearly a work of the vested interests in the government who are trying to bring down two of the best pay tv operators (CBNSat & LBN) and allow their political favourites to start their own operations.

Can anyone please confirm the hearings to be held today as well as the time of the respective hearings. We would also like to request our fellow readers to update us on the results of todays hearings as soon as you get information.

We appeal to the learned individuals at the respective courts to see the injustices done to the company as well as it's subscribers and issue the verdict to restart operations.

Notice on TRC temporary license to be Issued - Daily Mirror August 1st 2006

The Court of Appeal issued notice returnable on August 3 on the TRC and eight others in a case filed by LBN Limited of Colombo 5. The Court of Appeal comprised Justices K. Sripavan and Sisira de Abrew.

The petitioners LBN Limited of Colombo 5 had cited TRC of Sri Lanka Colombo 8, SSP Sisira Mendis Director CID, DIG Asoka Wijethilleke and Inspector General of Police as respondents. The petitioner stated that under cover of a unilateral reporting made by the CID and the order for search and seizure obtained thereon, the second to fourth respondents and/or their servants and agents wrongfully and/or illegally stormed the petitioners establishment and summarily and effectively shut it down causing irreparable and indeed, irreversible loss and damage and irremediable mischief to not only the petitioner but also to a large segment of the public, which has subscribed to the cable services.

The petitioner stated that the actions of the second respondents are actuated by mala fide, collateral and extraneous objectives and actuations and they are acting at the behest and instances of persons with vested interests who enjoy high political patronage and influences and who are intent on destroying the petitioners operations so as to secure for themselves, the lucrative subscriber networks which the petitioner now has in place. The petitioner stated that otherwise, there is no explanation for this sudden and precipitous interference and intervention. The petitoner further stated that it apprehends that this whole process had been further precipitated by the action taken against CBNSat.

In all these circumstances the petitioner must, as a matter of imperative, ensure the continuity of the business as even a closure in excess of two weeks will result in a complete cessation of the influx of revenue and massive loans taken by the petitioner will be foreclosed by the relevant banks. Furthermore the International Broadcasting television channels will terminate their contracts with the petitioner. Closing down the petitioners business summarily is totally unreasonable and unfair after six long years and especially after a massive investment and subscriber network has been established and numerous contractual agreements executed whereby rights and liabilities in law have been created. The petitioner stated most emphatically that he is conducting its operations lawfully.

The petitioner stated, in any event, the effective closure of the petitioners cable television operation by sealing the same was not the only course of action available and there was an option of election, even if punitive sanctions could be proved to be warranted. The petitoner stated that there is a serious violation of the principles inter alia of proportionality and fairness.

The petitioner stated, that application will be nugatory unless the court is pleased to issue an interim order prayed for including restoring the petitioners transmitting operations. On the earlier date State Counsel informed court that the authorities were taking steps to issue a license to the peititioner. However, in view of the long delay in issuing the license he could suggest that the authorities issue a temporary license until the proper license is decided upon by the Minister of Mass Media.

Attorney at Law Sanjeewa Jayawardena with Nigel Bartholomeuse and M.R Amerasuriya instructed by Sudath Perera Associates appeared for the petitioner. M.A Sumantiran with Nishanka Sirimanne appeared for the intervenient petitioner. Mr. Palitha Kumarasinghe PC with I. Idroos appeared for the first respondent. Additional Solicitor General Sathya Hettige and Senior State Counsel Sumathi Dharmawardena appeared for the second and fourth respondents. Kuvara De Zoysa appeared for intervenient respondent. Chandana Jayasinghe appeared for the intervenient petitioner.

By Leary Beekmeyer