Thakur
Banned
- Joined
- 30 Aug 2013
- Messages
- 14,856
- Reaction score
- 8,575
NEW DELHI:The Telecom Disputes
Settlement and Arbitration Tribunal
(TDSAT),which earlier this month
gave a lengthy order settling
a dispute between Hathway Cable
& Datacom and Taj Television,has
expressed its ‘deep displeasure
over the manner in which both sides are
sniping and chipping at each other giving rise
to completely futile litigations.’
The comment by TDSAT chairman Aftab Alam
and member Kuldip Singh came following a
new miscellaneous application on the issue by
Hathway on 8 August and the announcement
by Taj Television that it was also filing a
miscellaneous application. The Tribunal listed
the matter for further hearing on 13 August.
Earlier this month, TDSAT had directed Taj
Television to restore with immediate effect the
signals of Zee TV channels to Hathway pending
the final hearing of the petition by the latter.
It had also directed Hathway as an interim
measure to make payment of the monthly
subscription fees from 1 April 2014 (in case of
Kolkata and Digital Addressable System - II
areas) and from 1 May 2014 (in case of Delhi
and Mumbai) up to 31 July at the rate of Rs
21.60 cost per subscriber basis.
The Tribunal asked Taj to reply to the petition
filed by Hathway in three weeks and asked the
MSO to file a rejoinder if any two weeks
thereafter.
However, following a new miscellaneous
application by Hathway objecting to certain
advertisements and scrolls being carried on
Zee channels, TDSAT said, “Having regard to
the amounts of revenue that is generated by
the broadcasting industry, the vast social space
occupied by it and the social role it claims to
play, one should have expected the two sides,
each of them major players in the industry, to
act responsibly and show a modicum of
restraint in their dealings with each other but
they seem to be freely indulging in unseemly
squabbles. What is more, they seem to show
no regard much less any respect for the
proprieties of judicial proceedings.”
While TDSAT noted that Taj Television counsel
Pratibha Singh was prepared to withdraw the
advertisements and even invited Hathway
counsel Arun Kathpalia to have a discussion
with her on the issue, she said that
distribution arm for Zee was preparing a
miscellaneous application for recall or
modification of the Tribunal’s order of 1
August.
The Tribunal said: “It is surprising that an
application is proposed to be filed for recall/
modification of the order even before our
signatures on the order are yet not fully
dried. The reason stated for filing the
application is even more surprising; it is stated
that on that date, the local people at Taj
Television and the counsel representing it were
not fully posted with the facts, especially in
regard to the placement agreements between
the two sides.”
Noting that “no party can be stopped from
filing an application,” the Tribunal insisted that
both parties must be present at the next
hearing in person.
Zee Channels were earlier being distributed to
Hathway by Media Pro but the latter was not
in a position to renew the agreements in view
of the regulations issued by the Telecom
Regulatory Authority of India around the same
time the earlier agreements came to end.
Thus, the Zee group of channels came to be
handled by Taj Television. But when
discussions between Hathway and Taj
Television for Zee TV channels failed to yield
any results, Taj Television on 26 June sent the
RIO based agreement executed from its
side. There was delay on the part of Hathway
in executing the RIO based agreement and in
the meanwhile Taj Television issued the
disconnection notice under regulation 6.1 on 8
July 2014 and the public notice under
regulation 6.5 on 11 July 2014. However,
Hathway later counter-signed the RIO based
agreement and sent it back to Taj Television
which refused to accept a cheque sent by
Hathway. This led to the petition by the MSO. http://www.indiantelevision.com/regulators/tdsat/tdsat-expresses-displeasure-over-hathway-taj-tv-squabble-agrees-to-hear-matter-next-week-140809
Settlement and Arbitration Tribunal
(TDSAT),which earlier this month
gave a lengthy order settling
a dispute between Hathway Cable
& Datacom and Taj Television,has
expressed its ‘deep displeasure
over the manner in which both sides are
sniping and chipping at each other giving rise
to completely futile litigations.’
The comment by TDSAT chairman Aftab Alam
and member Kuldip Singh came following a
new miscellaneous application on the issue by
Hathway on 8 August and the announcement
by Taj Television that it was also filing a
miscellaneous application. The Tribunal listed
the matter for further hearing on 13 August.
Earlier this month, TDSAT had directed Taj
Television to restore with immediate effect the
signals of Zee TV channels to Hathway pending
the final hearing of the petition by the latter.
It had also directed Hathway as an interim
measure to make payment of the monthly
subscription fees from 1 April 2014 (in case of
Kolkata and Digital Addressable System - II
areas) and from 1 May 2014 (in case of Delhi
and Mumbai) up to 31 July at the rate of Rs
21.60 cost per subscriber basis.
The Tribunal asked Taj to reply to the petition
filed by Hathway in three weeks and asked the
MSO to file a rejoinder if any two weeks
thereafter.
However, following a new miscellaneous
application by Hathway objecting to certain
advertisements and scrolls being carried on
Zee channels, TDSAT said, “Having regard to
the amounts of revenue that is generated by
the broadcasting industry, the vast social space
occupied by it and the social role it claims to
play, one should have expected the two sides,
each of them major players in the industry, to
act responsibly and show a modicum of
restraint in their dealings with each other but
they seem to be freely indulging in unseemly
squabbles. What is more, they seem to show
no regard much less any respect for the
proprieties of judicial proceedings.”
While TDSAT noted that Taj Television counsel
Pratibha Singh was prepared to withdraw the
advertisements and even invited Hathway
counsel Arun Kathpalia to have a discussion
with her on the issue, she said that
distribution arm for Zee was preparing a
miscellaneous application for recall or
modification of the Tribunal’s order of 1
August.
The Tribunal said: “It is surprising that an
application is proposed to be filed for recall/
modification of the order even before our
signatures on the order are yet not fully
dried. The reason stated for filing the
application is even more surprising; it is stated
that on that date, the local people at Taj
Television and the counsel representing it were
not fully posted with the facts, especially in
regard to the placement agreements between
the two sides.”
Noting that “no party can be stopped from
filing an application,” the Tribunal insisted that
both parties must be present at the next
hearing in person.
Zee Channels were earlier being distributed to
Hathway by Media Pro but the latter was not
in a position to renew the agreements in view
of the regulations issued by the Telecom
Regulatory Authority of India around the same
time the earlier agreements came to end.
Thus, the Zee group of channels came to be
handled by Taj Television. But when
discussions between Hathway and Taj
Television for Zee TV channels failed to yield
any results, Taj Television on 26 June sent the
RIO based agreement executed from its
side. There was delay on the part of Hathway
in executing the RIO based agreement and in
the meanwhile Taj Television issued the
disconnection notice under regulation 6.1 on 8
July 2014 and the public notice under
regulation 6.5 on 11 July 2014. However,
Hathway later counter-signed the RIO based
agreement and sent it back to Taj Television
which refused to accept a cheque sent by
Hathway. This led to the petition by the MSO. http://www.indiantelevision.com/regulators/tdsat/tdsat-expresses-displeasure-over-hathway-taj-tv-squabble-agrees-to-hear-matter-next-week-140809
