Thakur
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NEW DELHI: Taj Television contended before the Telecom
Disputes Settlement and Appellate
Tribunal today that though initial
signals can be given by the broadcaster or distributor to the
multi system operator initially on
the basis of mutual negotiation, but this ultimately has to translate into an agreement under the
Reference Interconnection Offer (RIO).
Responding to an argument by Taj Television that the RIO had to be signed within 30 days,counsel for Hathway said that the date limit
applies to modifications in existing RIO agreements, but the deal between Taj and Hathway had to be a new one since MediaPro had stopped distribution of Zee TV and Turner channels.
Earlier, the Tribunal had fixed for final disposal from 25 August the ‘deep-rooted’ dispute between Hathway and Taj, noting that
this would require interpretation of certain clauses of some of the statutory regulations. TDSAT chairman Aftab Alam and member
Kuldip Singh had said ‘Unfortunately, the dispute between the two sides is playing out in highly aggressive way and one may add in a rather unpleasant manner. It seems to be
affecting a large number of people in viewing their favourite TV channels. The disputants
themselves are approaching the Tribunal on a weekly basis complaining against the actions of
each other and seeking some interim directions of the Tribunal consuming a lot of time on
arguments on miscellaneous applications. It is, therefore, in the larger interest to finally dispose of these cases after hearing all sides at an early date.”
The Tribunal noted that the dispute has arisen at a stage when the earlier fixed fee agreement
between the parties has come to end and they are unable to come to agreed terms for a fresh
agreement and under the circumstances the MSO has no option but to take the broadcasters’ channels on their RIO terms.
Hathway counsel Arun Kathpalia who concluded his initial arguments today said Hathway has only 10 per cent of the total collections that Taj Television makes from different MSOs. Hathway was paying Rs 85 crore for all channels including Turner (while the figure excluding Turner was Rs 62 crore).
He also said that Hathway had been wrongly accused of making changes in the composition
of the packages. In any case, the MSO was not offering the channels on a standalone basis and so the provision under the Quality of
Services regulations did not apply to them.When talks between the two parties failed, he said the RIO was forwarded on 25 January and
was to be effective from February.
However, Taj Television counsel Rakesh Dwivedi said the RIO had been accepted by Hathway in November last year which was then
revised by the MSO in January this year.Dwivedi wanted to know why the RIO should be made effective from February 2014 when the
Subscriber Register had been supplied by Hathway in December last year. Furthermore, no facts had been shown by the MSO to show the end of pleadings.
Further arguments will continue on 27 August with counsel for Taj Television expected to
conclude his arguments and Hathway responding to them. http://www.indiantelevision.com/regulators/tdsat/rio-forms-basis-for-final-deal-agree-taj-and-hathway-140826
Disputes Settlement and Appellate
Tribunal today that though initial
signals can be given by the broadcaster or distributor to the
multi system operator initially on
the basis of mutual negotiation, but this ultimately has to translate into an agreement under the
Reference Interconnection Offer (RIO).
Responding to an argument by Taj Television that the RIO had to be signed within 30 days,counsel for Hathway said that the date limit
applies to modifications in existing RIO agreements, but the deal between Taj and Hathway had to be a new one since MediaPro had stopped distribution of Zee TV and Turner channels.
Earlier, the Tribunal had fixed for final disposal from 25 August the ‘deep-rooted’ dispute between Hathway and Taj, noting that
this would require interpretation of certain clauses of some of the statutory regulations. TDSAT chairman Aftab Alam and member
Kuldip Singh had said ‘Unfortunately, the dispute between the two sides is playing out in highly aggressive way and one may add in a rather unpleasant manner. It seems to be
affecting a large number of people in viewing their favourite TV channels. The disputants
themselves are approaching the Tribunal on a weekly basis complaining against the actions of
each other and seeking some interim directions of the Tribunal consuming a lot of time on
arguments on miscellaneous applications. It is, therefore, in the larger interest to finally dispose of these cases after hearing all sides at an early date.”
The Tribunal noted that the dispute has arisen at a stage when the earlier fixed fee agreement
between the parties has come to end and they are unable to come to agreed terms for a fresh
agreement and under the circumstances the MSO has no option but to take the broadcasters’ channels on their RIO terms.
Hathway counsel Arun Kathpalia who concluded his initial arguments today said Hathway has only 10 per cent of the total collections that Taj Television makes from different MSOs. Hathway was paying Rs 85 crore for all channels including Turner (while the figure excluding Turner was Rs 62 crore).
He also said that Hathway had been wrongly accused of making changes in the composition
of the packages. In any case, the MSO was not offering the channels on a standalone basis and so the provision under the Quality of
Services regulations did not apply to them.When talks between the two parties failed, he said the RIO was forwarded on 25 January and
was to be effective from February.
However, Taj Television counsel Rakesh Dwivedi said the RIO had been accepted by Hathway in November last year which was then
revised by the MSO in January this year.Dwivedi wanted to know why the RIO should be made effective from February 2014 when the
Subscriber Register had been supplied by Hathway in December last year. Furthermore, no facts had been shown by the MSO to show the end of pleadings.
Further arguments will continue on 27 August with counsel for Taj Television expected to
conclude his arguments and Hathway responding to them. http://www.indiantelevision.com/regulators/tdsat/rio-forms-basis-for-final-deal-agree-taj-and-hathway-140826
