Basil
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TDSAT declines Sony interim prayer to restore dropped channels on Tata Sky
The TDSAT on Thursday rejected Sony's plea to restored dropped channels on Tata Sky.Sony had moved TDSAT against Tata Sky on 5th October .
Sony's Interim Prayers
A) To direct the parties to enter into negotiations for atleast a period of 4 weeks.
B) To reintroduce the old agreement even for a period of 4 weeks.
C) To direct Tata Sky to opt for all channels of Sony under the terms of RIO.
Sony argument
Full Judgement
http://www.tdsat.gov.in/order_files/oral/2018/October/070110011952018_1309.pdf
Latest Orders - Breaking News - TDSAT orders BECIL to order commerical and technical audit of Tata Sky's system qua Sony's channel
The TDSAT on Thursday rejected Sony's plea to restored dropped channels on Tata Sky.Sony had moved TDSAT against Tata Sky on 5th October .
Sony's Interim Prayers
A) To direct the parties to enter into negotiations for atleast a period of 4 weeks.
B) To reintroduce the old agreement even for a period of 4 weeks.
C) To direct Tata Sky to opt for all channels of Sony under the terms of RIO.
Sony argument
- Tata Sky has not been fair to those customers who were earlier watching these channels because it required to give a miss call on a given number.
- Under RIO Tata Sky cannot select only 10 channels and leave others as this would amount to adversely affect the right of viewers to view Sony's channels
- Sony approached Tribunal only on business interest and is not competent to advocate and represent public interest.
- If Sony was guided by consumer interest it would not issuedisconnection notice when Tata Sky was ready to continue at old terms (Rs 800 crore) and not ask for Rs 1700 crore that too when they lost IPL rights.
- Terms and conditions of license and regulation do not create a obligation on the DTH operator to accept the offer made by the broadcaster under RIO in respect of all its channels.
- Clause 5.2 of Sony's RIO contains clear stipulation requiring selection of channels by the DTH licensee.
- Interest of existing customers is being taken full care in view of various regulations related to QoS (Quality of Service).
- Given that both parties are being governed by the terms of Sony's RIO for which Tata Sky sent its acceptance it would not be in interest of justice to grant any interim relief.
- Both parties directed to enter into fresh negotiations so as to arrive at a mutually acceptable agreement based on negotiations within a period of 4 weeks.
- Interim prayer B declined.
Full Judgement
http://www.tdsat.gov.in/order_files/oral/2018/October/070110011952018_1309.pdf
Latest Orders - Breaking News - TDSAT orders BECIL to order commerical and technical audit of Tata Sky's system qua Sony's channel
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