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Govt cannot deny permission for de-endorsing any channel: TDSAT
NEW DELHI: The information and broadcasting ministry (I&B) was directed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to de-endorse the SK TV channel of Sindhi Kachchhi Entertainment Corporation from the list of channels permitted to be up-linked by the Noida Software Technology Park through its teleport using INSAT 4A satellite with immediate effect.
Noting that the government has itself admitted that it has no role to play with regard to agreements between teleports and television channels, chairman justice Aftab Alam and member Kuldep Singh said “we are unable to appreciate the submissions made by the ministry that it is waiting to receive ‘no objection’ from Sindhi Kachchhi Entertainment Corporation as well as the claim regarding excess payment made by the channel to NSTPL.”
The judgment written by Singh also said the Ministry “can also not delay the permission to NSTPL just because the guidelines do not contain specific provision in this regard and the policy is under process of being framed.”
The tribunal noted that Sindhi Kachchhi Entertainment Corporation has not appeared before the tribunal in spite of notice and from its letters, “it is evident that it has accepted the position of suspension of uplinking of its channel by the petitioner and it is in search of an alternative for the same.”
The Tribunal also said the cost of litigation amounting to Rs 25,000 would be paid to NSTPL.
The tribunal noted that the teleport is a satellite ground station that functions as a hub connecting a satellite in a geo-stationary orbit with terrestrial communication network. Teleports are used to provide various broadcasting as well as telecommunication services. In the case of the petitioner, the license granted to it is for up-linking the approved television channels using C-Band. The hub is to be used for up linking TV channels only and not for any other mode of communication.
The channel had also written to the ministry that since NSTPL was not having transparent business dealing, it has under force majeure clause accepted suspension of its service and was in search of other teleport or DTH operator for transmission of its channel.
Read Full Here
NEW DELHI: The information and broadcasting ministry (I&B) was directed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to de-endorse the SK TV channel of Sindhi Kachchhi Entertainment Corporation from the list of channels permitted to be up-linked by the Noida Software Technology Park through its teleport using INSAT 4A satellite with immediate effect.
Noting that the government has itself admitted that it has no role to play with regard to agreements between teleports and television channels, chairman justice Aftab Alam and member Kuldep Singh said “we are unable to appreciate the submissions made by the ministry that it is waiting to receive ‘no objection’ from Sindhi Kachchhi Entertainment Corporation as well as the claim regarding excess payment made by the channel to NSTPL.”
The judgment written by Singh also said the Ministry “can also not delay the permission to NSTPL just because the guidelines do not contain specific provision in this regard and the policy is under process of being framed.”
The tribunal noted that Sindhi Kachchhi Entertainment Corporation has not appeared before the tribunal in spite of notice and from its letters, “it is evident that it has accepted the position of suspension of uplinking of its channel by the petitioner and it is in search of an alternative for the same.”
The Tribunal also said the cost of litigation amounting to Rs 25,000 would be paid to NSTPL.
The tribunal noted that the teleport is a satellite ground station that functions as a hub connecting a satellite in a geo-stationary orbit with terrestrial communication network. Teleports are used to provide various broadcasting as well as telecommunication services. In the case of the petitioner, the license granted to it is for up-linking the approved television channels using C-Band. The hub is to be used for up linking TV channels only and not for any other mode of communication.
The channel had also written to the ministry that since NSTPL was not having transparent business dealing, it has under force majeure clause accepted suspension of its service and was in search of other teleport or DTH operator for transmission of its channel.
Read Full Here
