| On Saturday (31 August), Star had moved the Supreme
Court appealing against a MRTPC order last week that had stated that
Sony, Star and ESPN-Star Sports should continue to make available
their signals to Zee Telefilms' headend in the sky (HITS) platform
till the next hearing date on 10 September.
According to information available with indiantelevision.com, today
at the Supreme Court, Star's lawyer contended that the basis of
the MRTPC order was wrong as Star had no existing agreement with
Siti Cable, Zee Telefilms' cable arm that is the biggest multi-system
operator (MSO) in the country.
Siti Cable and another Subhash Chandra company, ASC Enterprises,
had moved the MRTPC against Star India Pvt. Ltd; Sony Entertainment
Television; Singapore Pte Limited, SET India; ESPN- Star Sports
and Hathway Datacom seeking prevention against trade practices that
could amount to being monopolistic.
"Because the various acts/omissions of the respondents in
refusing to cooperate and enter into any sort of arrangement/agreement
with the complainants herein for the implementation of CAS via HITS
is a monopolistic, restrictive and unfair trade practice in terms
of the Monopolistic, Restrictive and Unfair Trade Practices Act,
1969," Siti cable/ASC's petition had stated at the MRTPC.
It had further said that all other pay channels had agreed to join
the HITS platform, being conscious of their obligation to achieve
what the government has sought to do by the introduction of CAS
in the larger public interest.
It had been submitted that the complainants have been negotiating
with various pay channels other than those of the respondents and
those that have agreed in principle to join the HITS platform included
CNBC, Cartoon Network, Nickelodeon, CNN, Raj TV, MTV, Reality TV,
Ten Sports, Alpha Bangla, Alpha Gujarati, Alpha Marathi Alpha Punjabi,
ETC, Zee Cinema, Zee TV, Zee English
Zee MGM, Zee News and NDTV.
The petition had further stated: "It is most respectfully
submitted that the above-mentioned pay channels being conscious
of their social and legal obligations, have all agreed in the larger
public interest to enter into agreements with the complainants herein
for the distribution of their signals via HITS in the CAS regime.
However, the respondents herein without any justifiable or valid
reason are refusing to do so and are, therefore, guilty of commission
of monopolistic, restrictive and unfair trade practices and are
liable to be penalised under the MRTP Act.
"Because all others, apart from those of the respondents herein,
have in fact appreciated the benefits of CAS implementation via
HITS including the broadcasters, cable operators, other pay channels
and the government since the said technology effectively eliminates
the menace of under-declaration."
Pointing out that the respondents were attempting to stifle competition
and prevent the operation of free market forces, Siti/ASC had pleaded
that with the " said acts/omissions the respondents are preventing
the operation of free market forces; appropriate orders therefore
deserve to be passed by this Hon'ble Commission."
Also read:
MRTPC directs Star, Sony,
ESS to join HITS?
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