vishal254680
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It’s a battle that has both
warring parties claiming victory. We
are referring to the IndiaCast UTV
Disney vs Dish TV scrap wherein
each has been taking potshots at
each other on an ‘on-request
channel’ scheme that the platform
has been running which involves the
aggregators’ channels.
Both petitioned the Telecom Dispute
Settlement Appellate Tribunal
(TDSAT) for a resolution and
judgment.
The matter was heard by the TDSAT
today. IndiaCast’s pleas were:
*Declare that the ‘on request’
categorisations of IndiaCast UTV
channels in its current form be
declared null and void.
* Declare that the payment of
monthly licence fees by DishTV be
done in terms of TRAI regulations.
* Declare that the scrolls/crawls
being run by DishTV on IndiaCast
UTV is (sic.) absolutely illegal.
*Permanently restrain Dish TV from
running any scroll in any manner
whatsoever.
*Pass an ad interim ex-parte order
directing Dish TV to pay licence fees
to IndiaCast UTV on the basis of the
number of subscribers of packages in
which the aggregators channels are
placed.
* Pass an ad interim order
restraining Dish TV from, in any
manner whatsoever switching off or
blacking out the aggregator’s
channels to subscribers, subscribing
to the package in which the
IndiaCast UTV channels exist.
DishTV’s plea was:
* IndiaCast UTV be restrained from
issuing false, frivolous, and baseless
alert notices to the subscribers of
DishTV.
*Declare the alert notice issued by
IndiaCast UTV as illegal, malafide
and defamatory.
* Direct IndiaCast UTV to issue an
unconditional and unqualified
apology for publishing the wrong
false and misleading alert notices to
subscribers of DishTV.
* Direct IndiaCast UTV to issue a
corrigendum in all the newspapers
and channels with the same
prominence where the alert notices
have been published.
At the time of writing both claimed
that the tribunal had ruled in their
favour.
While IndiaCast UTV stated that the
TDSAT has struck down the ‘on-
request channel’ scheme, Dish TV
said it has not, adding that it is
going to continue with it - albeit
with a rejoinder that it will be called
an ‘a la carte on request channel
scheme.’
IndiaCast UTV, on its part, has
agreed to DishTV’s pleas to stop
running the alert notices in
newspapers and on air.
Sources in IndiaCast UTV say their
fears about the scheme were that
DishTV could have mis-utilised it by
making its channels available in
both the DTH operator’s base and
other subscriber packs and also in
its a la carte offerings.
If subscribers did not send an SMS
confirming that they wanted the
IndiaCast UTV channels, these would
be dropped from their pack
offerings, even as subscribers would
continue paying as per earlier pack
prices. Since subscribers would have
unsubscribed, Dish TV would not be
liable to make payments to IndiaCast
UTV despite collecting the entire
price for the pack (inclusive of the
IndiaCast UTV channels). This,
IndiaCast UTV executives feared,
would lead to a loss of revenues for
them.
They point out to an earlier
interview in which DishTV CEO R.C.
Venkateish was quoted as saying
that the ‘on request channel’
scheme “is not a la carte offering
but a scheme that will run on
existing packs. We intend to
progressively classify a number of
channels as ‘on request channels’.”
DishTV’s lawyers, however, clarified
with the TDSAT today that the
IndiaCast UTV channels would not
be offered in all the various
subscription packs that the operator
offers but rather as a la carte
offerings from 1 January 2014. And
this is exactly what the aggregator
was seeking, say IndiaCast UTV
sources.
Earlier agreements between DishTV
and IndiaCast UTV for 22 channels in
its bouquet are slated to expire on
31 December 2013, while those for
another 11 are slated to expire on 31
March 2014.
DishTV sent out an official
statement, which said:
“The TDSAT has disposed off the
petition of IndiaCast UTV and has
upheld the ‘on request DishTV’
scheme where the channels of
IndiaCast UTV will be provided by
DishTV to its subscribers on a la
carte basis. On the petition of
DishTV, the TDSAT has also directed
IndiaCast UTV to stop publishing
advertisements against the ‘on
request channel’ scheme of DishTV.
We have also been allowed to run
the scrolls publishing the ‘on
request channels’ scheme by
mentioning that the channels will
be available on a la carte basis.”
We at indiantelevision.com don’t
know if we have seen the last of the
exchange of fisticuffs between the
two. Let’s wait and watch how things
pan out in the coming days.
Indian Television Dot Com > Digital Edge > IndiaCast UTV vs DishTV: Who really won?
warring parties claiming victory. We
are referring to the IndiaCast UTV
Disney vs Dish TV scrap wherein
each has been taking potshots at
each other on an ‘on-request
channel’ scheme that the platform
has been running which involves the
aggregators’ channels.
Both petitioned the Telecom Dispute
Settlement Appellate Tribunal
(TDSAT) for a resolution and
judgment.
The matter was heard by the TDSAT
today. IndiaCast’s pleas were:
*Declare that the ‘on request’
categorisations of IndiaCast UTV
channels in its current form be
declared null and void.
* Declare that the payment of
monthly licence fees by DishTV be
done in terms of TRAI regulations.
* Declare that the scrolls/crawls
being run by DishTV on IndiaCast
UTV is (sic.) absolutely illegal.
*Permanently restrain Dish TV from
running any scroll in any manner
whatsoever.
*Pass an ad interim ex-parte order
directing Dish TV to pay licence fees
to IndiaCast UTV on the basis of the
number of subscribers of packages in
which the aggregators channels are
placed.
* Pass an ad interim order
restraining Dish TV from, in any
manner whatsoever switching off or
blacking out the aggregator’s
channels to subscribers, subscribing
to the package in which the
IndiaCast UTV channels exist.
DishTV’s plea was:
* IndiaCast UTV be restrained from
issuing false, frivolous, and baseless
alert notices to the subscribers of
DishTV.
*Declare the alert notice issued by
IndiaCast UTV as illegal, malafide
and defamatory.
* Direct IndiaCast UTV to issue an
unconditional and unqualified
apology for publishing the wrong
false and misleading alert notices to
subscribers of DishTV.
* Direct IndiaCast UTV to issue a
corrigendum in all the newspapers
and channels with the same
prominence where the alert notices
have been published.
At the time of writing both claimed
that the tribunal had ruled in their
favour.
While IndiaCast UTV stated that the
TDSAT has struck down the ‘on-
request channel’ scheme, Dish TV
said it has not, adding that it is
going to continue with it - albeit
with a rejoinder that it will be called
an ‘a la carte on request channel
scheme.’
IndiaCast UTV, on its part, has
agreed to DishTV’s pleas to stop
running the alert notices in
newspapers and on air.
Sources in IndiaCast UTV say their
fears about the scheme were that
DishTV could have mis-utilised it by
making its channels available in
both the DTH operator’s base and
other subscriber packs and also in
its a la carte offerings.
If subscribers did not send an SMS
confirming that they wanted the
IndiaCast UTV channels, these would
be dropped from their pack
offerings, even as subscribers would
continue paying as per earlier pack
prices. Since subscribers would have
unsubscribed, Dish TV would not be
liable to make payments to IndiaCast
UTV despite collecting the entire
price for the pack (inclusive of the
IndiaCast UTV channels). This,
IndiaCast UTV executives feared,
would lead to a loss of revenues for
them.
They point out to an earlier
interview in which DishTV CEO R.C.
Venkateish was quoted as saying
that the ‘on request channel’
scheme “is not a la carte offering
but a scheme that will run on
existing packs. We intend to
progressively classify a number of
channels as ‘on request channels’.”
DishTV’s lawyers, however, clarified
with the TDSAT today that the
IndiaCast UTV channels would not
be offered in all the various
subscription packs that the operator
offers but rather as a la carte
offerings from 1 January 2014. And
this is exactly what the aggregator
was seeking, say IndiaCast UTV
sources.
Earlier agreements between DishTV
and IndiaCast UTV for 22 channels in
its bouquet are slated to expire on
31 December 2013, while those for
another 11 are slated to expire on 31
March 2014.
DishTV sent out an official
statement, which said:
“The TDSAT has disposed off the
petition of IndiaCast UTV and has
upheld the ‘on request DishTV’
scheme where the channels of
IndiaCast UTV will be provided by
DishTV to its subscribers on a la
carte basis. On the petition of
DishTV, the TDSAT has also directed
IndiaCast UTV to stop publishing
advertisements against the ‘on
request channel’ scheme of DishTV.
We have also been allowed to run
the scrolls publishing the ‘on
request channels’ scheme by
mentioning that the channels will
be available on a la carte basis.”
We at indiantelevision.com don’t
know if we have seen the last of the
exchange of fisticuffs between the
two. Let’s wait and watch how things
pan out in the coming days.
Indian Television Dot Com > Digital Edge > IndiaCast UTV vs DishTV: Who really won?
