TDSAT directs Sun TV to give signals to TataSky in 3 days
04 Apr 2007
Mumbai:
The Telecom Disputes Settlement and Appellate Tribunal
(TDSAT) has directed Kalanidhi Maran-owned Sun TV
channel to give signals to DTH operator TataSky within
three days.
Sun TV had failed to comply with the tribunal''s interim
order on giving signals to TataSky.
TDSAT, headed by Justice Arun Kumar, took serious
note of Sun TV''s non-compliance of its interim order
of March 19 and said that Sun TV was acting unfairly
in this matter.
The tribunal had directed Sun TV to give its signals
to TataSky on a-la-carte (pick and choose) basis.
However, Sun TV filed a review application before
the tribunal contending it had no channels on a-la-carte
basis and only has a bouquet of 20 channels.
TDSAT, however, noted that Sun TV had earlier accepted
it gave channels on a-la-carte basis and did not have
a bouquet.
"You cannot force them (TataSky) to take each
and every channel you have... I am of the impression
that you are just talking round about to confuse us,"
Justice Kumar said.
Sun TV, during the proceedings, had asked the tribunal
to direct TataSky to take its 20 channels at Rs85
and submitted that the extra amount would be adjusted
if the case went in the favour of the DTH operator.
The tribunal, however, said, "Its not fair...
you want TataSky to pay for all channels... You cannot
add condition in an interim order".
"The spirit of the interim order is to give channels
on an a-la-carte basis," TDSAT bench said and
listed the matter for next hearing in the first week
of May.
TataSky had earlier obtained a TDSAT ruling against
Zee TV that the DTH company is in no ways obligated
to carry all the 32 channels from Zee on their service.
TDSAT further said that Tata Sky has the right to
ask for only 19 channels out of the 32 in the bouquets
1 and 2 offered by Zee.
Zee Turner had put this condition that Tata Sky would
have to carry all their channels if they wanted to
get any of their channels.
This
ruling is expected to change the way DTH service providers
choose and provide channels to their customers.
TataSky, a joint venture between Tata and Star India,
has been arguing that Sun TV was denying signals,
as it would soon launch its own Direct-To-Home venture
Sun Direct.