TDSAT refuses TV Vision petition against TataSky
NEW DELHI: Broadcast tribunal TDSAT has refused the plea of TV Vision, promoters of the music channels 'Mastiii', to stay the Direct-to-Home operator TataSky from adding any new channel to its platform.
TDSAT's interim order came over a petition filed by TV Vision requesting the tribunal to direct TataSky to distribute its channel through its DTH platform.
TV Vision had also requested that till the pendency of its plea, TataSky should be injuncted from adding any new channel and a slot for 'Mastiii' should be kept.
TV Vision had alleged that TataSky has been refusing its request to beam the channel 'Mastiii' from its DTH platform on the ground of capacity constraints.
Telecom Disputes Settlement and Appellate Tribunal (TDSAT) also said that any new channel added by TataSky on its DTH platform "during pendency of this petition (by TV Vision) will be subject to the outcome" of its order.
TDSAT said it would decide "whether respondent (TataSky) has been providing access to its platform in non- discriminatory manner" and "whether the petitioner (TV Vision) has been treated in a fair, unbiased and equitable manner" by TataSky.
TataSky should be given an "opportunity to file its reply before adjudicating on the issue raised" by TV Vision, it added.
TV Vision has contended that TataSky's refusal to beam the channel 'Mastiii' was in violation of clause 7.6 of the DTH licence conditions that mandates TataSky to provide access to various content providers/channels on a non-discriminatory basis.
It also submitted that 'Mastiii' has one of the highest TRP ratings in its genre and has been placed at the top position for number of weeks on TRP charts and TAM ratings.
TV Vision also alleged TataSky has included channels with lesser rating on its DTH platform.
However, the tribunal said that no mandatory provision has been made in the regulation where an obligation has been casted upon a DTH operator to provide its platform to carry the signals of any broadcaster.
"Although there is must provide clause, there is no provision of must carry the signals of the broadcaster by the DTH operator under the said regulation," said TDSAT member R K Rastogi while passing the order.
It further observed that there are a large number of channels and is not possible for a DTH operator to carry all the channels due to capacity constraints.
TataSky also declined the allegations of TV Vision and said that it already had seven music channels.
NEW DELHI: Broadcast tribunal TDSAT has refused the plea of TV Vision, promoters of the music channels 'Mastiii', to stay the Direct-to-Home operator TataSky from adding any new channel to its platform.
TDSAT's interim order came over a petition filed by TV Vision requesting the tribunal to direct TataSky to distribute its channel through its DTH platform.
TV Vision had also requested that till the pendency of its plea, TataSky should be injuncted from adding any new channel and a slot for 'Mastiii' should be kept.
TV Vision had alleged that TataSky has been refusing its request to beam the channel 'Mastiii' from its DTH platform on the ground of capacity constraints.
Telecom Disputes Settlement and Appellate Tribunal (TDSAT) also said that any new channel added by TataSky on its DTH platform "during pendency of this petition (by TV Vision) will be subject to the outcome" of its order.
TDSAT said it would decide "whether respondent (TataSky) has been providing access to its platform in non- discriminatory manner" and "whether the petitioner (TV Vision) has been treated in a fair, unbiased and equitable manner" by TataSky.
TataSky should be given an "opportunity to file its reply before adjudicating on the issue raised" by TV Vision, it added.
TV Vision has contended that TataSky's refusal to beam the channel 'Mastiii' was in violation of clause 7.6 of the DTH licence conditions that mandates TataSky to provide access to various content providers/channels on a non-discriminatory basis.
It also submitted that 'Mastiii' has one of the highest TRP ratings in its genre and has been placed at the top position for number of weeks on TRP charts and TAM ratings.
TV Vision also alleged TataSky has included channels with lesser rating on its DTH platform.
However, the tribunal said that no mandatory provision has been made in the regulation where an obligation has been casted upon a DTH operator to provide its platform to carry the signals of any broadcaster.
"Although there is must provide clause, there is no provision of must carry the signals of the broadcaster by the DTH operator under the said regulation," said TDSAT member R K Rastogi while passing the order.
It further observed that there are a large number of channels and is not possible for a DTH operator to carry all the channels due to capacity constraints.
TataSky also declined the allegations of TV Vision and said that it already had seven music channels.
