Date:10/09/2008 URL: http://www.thehindu.com/2008/09/10/stories/2008091054080400.htm

New Delhi

TDSAT issues notice to Sun TV on Arasu Cable’s petition

Legal Correspondent

Bench posts matter for further hearing on October 24

New Delhi: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on Tuesday issued notice to Channel Plus, a unit of Sun TV network, on a petition from Arasu Cable TV Corporation, seeking a direction to Sun TV to supply its signals to the Corporation, which will expand its operations on September 15.

A Bench of Justice Arun Kumar, Chairman and Members J.S. Sarma and G.D. Gaiha issued the notice after hearing counsel Meet Malhotra and R.L. Saravanan, and posted the matter for further hearing on October 24. The Bench also issued notice to Starden Media Services (P) Ltd and MSM Discovery Pvt. Ltd on similar petitions against them.

Arasu Cable said it was a Multi Service Operator (MSO) established with the objective of providing quality cable signals at moderate subscription charges in the larger interest of consumers. It had decided to feed the re-transmission signals of popular channels directly to cable operators and not to serve any consumers directly.

Vague excuses

It said that in November 2007, the Corporation wrote to Sun TV, Zee TV, ESPN and BBC requesting them to provide signals. While others responded Sun TV did not respond and reminders were sent. From the action of the respondent, it was manifestly clear that Sun TV did not intend to grant signals for its channel and was giving vague excuses.

The petition said: “It appears, on the face of it, that the recalcitrant and difficult attitude of the respondent is because of the popularity of the TV programme of the respondent in Tamil Nadu. The respondent is exploiting that popularity to the extent that statutory provisions for grant of signal are being violated, and is being unreasonable and discriminatory in denying the signals.

The petition further alleged that “there is a strong belief that the delay in processing the request of signals by the respondent is with a mala fide intention to promote its DTH business.” It said there was every likelihood of more and more Local Cable Operators (LCOs) joining the petitioner’s network. It said that because of the recalcitrant attitude of the respondent, no mutual agreement for provision of signal could be struck between the parties. Hence the present petition for a direction to Sun TV network to provide its signals and to enter into an agreement within a reasonable time frame.