TDSAT directs Sun TV to give signals to TataSky in 3 days
04 April 2007
The Telecom Disputes Settlement and Appellate Tribunal
(TDSAT) has directed Kalanidhi Maran-owned Sun TV
channel to give signals to DTH operator TataSky within
Sun TV had failed to comply with the tribunal''s interim order on giving signals to TataSky.
TDSAT, headed by Justice Arun Kumar, took serious note of Sun TV''s non-compliance of its interim order of March 19 and said that Sun TV was acting unfairly in this matter.
The tribunal had directed Sun TV to give its signals to TataSky on a-la-carte (pick and choose) basis. However, Sun TV filed a review application before the tribunal contending it had no channels on a-la-carte basis and only has a bouquet of 20 channels.
TDSAT, however, noted that Sun TV had earlier accepted it gave channels on a-la-carte basis and did not have a bouquet.
"You cannot force them (TataSky) to take each and every channel you have... I am of the impression that you are just talking round about to confuse us," Justice Kumar said.
Sun TV, during the proceedings, had asked the tribunal to direct TataSky to take its 20 channels at Rs85 and submitted that the extra amount would be adjusted if the case went in the favour of the DTH operator.
The tribunal, however, said, "Its not fair... you want TataSky to pay for all channels... You cannot add condition in an interim order".
"The spirit of the interim order is to give channels on an a-la-carte basis," TDSAT bench said and listed the matter for next hearing in the first week of May.
TataSky had earlier obtained a TDSAT ruling against Zee TV that the DTH company is in no ways obligated to carry all the 32 channels from Zee on their service. TDSAT further said that Tata Sky has the right to ask for only 19 channels out of the 32 in the bouquets 1 and 2 offered by Zee.
Zee Turner had put this condition that Tata Sky would have to carry all their channels if they wanted to get any of their channels.
This ruling is expected to change the way DTH service providers choose and provide channels to their customers.
TataSky, a joint venture between Tata and Star India, has been arguing that Sun TV was denying signals, as it would soon launch its own Direct-To-Home venture Sun Direct.