NO EASY PASSAGE: Chris McDonald and MEN advisor RKSingh being stopped by security outside the Chief Justice of India's residence before the hearing began.

(Pics by SANJAY SHARMA/Indiapix Network)

The fag end of a day of hearings and verdicts in different courts in the country ended with Ten Sports "voluntarily undertaking" to a three-judge bench of the Supreme Court headed by Chief Justice VN Khare, that for tomorrow's opening One Day International in Karachi, it would provide the signal free of cost to DD and all cable networks. This is undertaking, however, applies only for tomorrow's game.

The Apex Court also directed Ten to ensure that it extends all possible help to the national broadcaster in telecasting the match. The SC will take up the case for further hearing on Monday.

Speaking to journalists outside the Chief Justice's residence, which is where the arguments were heard, Ten Sports CEO Chris McDonald said, "We are happy with the outcome." Asked how much of a loss Ten was likely to incur from giving the signal free in tomorrow's match, McDonald said, "It is a goodwill gesture. We are not looking at monetary considerations for Saturday's match. Enjoy it!"

Though Mc Donald was playing the nice guy, a source in TEN Sports indicated that saturday's revenue loss may amount upto Rs200 million.

THE SMILE OF RELIEF: McDonald, Singh and one of theTen lawyers, Kapil Sibal, after SC's interim observations.

Counsel for Ten Sports Kapil Sibal said the judges also ruled that till the time the SC hears the case next week (Monday) no other court in the country will entertain any litigation relating to this issue.

Prasar Bharati CEO KS Sarma, who had been hooking all the bouncer-offers from Ten out of the negotiations field for the last two days, late in the evening
proclaimed, It’s an absolutely good beginning to the
series. We have shown everyone that we are a public
service broadcaster and it (outcome) is in public
interest.

Asked about the (notional) losses that pubcaster
Doordarshan, managed by Prasar Bharati, would incur by
relaying Ten signals tomorrow, Sarma shot back, "I
have been advised by the Solicitor-General (of India)
that we may carry ads booked by DD." But, on a more
cautious note, he added, "We may carry the ads; let’s
see how things turn out tomorrow morning."

Prasar Bharati has been saying that it has commitment
from advertisers for spot bookings and sponsorships
worth Rs. 1 billion.

Adding further Sarma told indiantelevision.com that DD is ready to pay a "reasonable sum" (reportedly about $ 8 million) for the terrestrial rights. He however, added that the Dubai-based sports channel had still to react to the offer. Sibal however, clarified that though DD has expressed its willingness to pay a reasonable amount, it hadn't quantified it.

Earlier in the evening, Prasar Bharti had filed a caveat in the Supreme Court to make it a party in case Ten Sports approached it challenging this mornings ruling by the Madras High Court asking the channel to allow DD to telecast the Indo-Pak series.

The direction was given by a Division Bench of the High court, comprising Chief Justice B Subhashan Reddy and Justice M Thanikachalam, while hearing a petition seeking a direction to the Telecom Regulatory Authority of India (Trai) to secure the telecasting rights from Ten Sports for Prasar Bharati.

Later in the day the Bombay High Court gave an identical ruling on a similar petition to that filed in the Chennai court. A PIL has been filed in Lucknow as well on these lines.

The Chennai high court had said that the terestrial signal should be made available to doordarshan. It had also said that DD should pay a right amount to TEN Sports. The court had'nt quantified the amount.

TEN SPORTS’ SLP REFERS TO WTO COMMITMENTS

ROADSIDE CONFABULATION: Singh,McDonald and their lawyers discuss the finer points outside CJI's home before the hearing.

Interestingly, petitioner Taj Sports India Pvt. Ltd.while seeking a Supreme Court intervention on the
Chennai high court ruling refers to the World Trade Organisation (WTO) and TRIPS negotiations to which India is a signatory and a participant.

Pointing out that the Chennai HC failed to appreciate
that India is a serious participant in the WTO-led
TRIPS regime, the SLP mentions, India in every way is
moving toward a transparent globally complaint
Intellectual Property Rights regime. Compulsory
simulcast of the petitioner’s signal would tantamount
to confiscation totally opposed to WTO covenants and
take India back to the Super 301-like watch lists.

The SLP, a copy of which was obtained by
indiantelevision.com, also states that in case the
impugned directions (of the Chennai HC) are not
stayed and DD is allowed to telecast the same on free
to air (basis), the contract entered into between the petitioner and Pakistan Cricket Board for $ 50 million would be rendered nugatory.

At another place, it has been pleaded that the
petitioner would become bankrupt if the all important
Indo-Pak cricket series would be simulcast on
terrestrial (on) free to air basis.

Pointing out that simulcast on DD would have financial implication, the SLP further pleads that it can lead to a situation where the petitioner would not be in a position to fulfill its past and future commitments and monetary liabilities, thereby rendering their business activities unviable given the negative contribution generated due to possible simulcast.

Ten Sports has continuing liability to pay PCB the
contracted amount of $ 60 million irrespective of
dilution of its rights in India by forced simulcast.
Ten Sports would be constrained to breach its payment obligation under the PCB contract.

What’s more, terming the high court order illegal,
Taj Sports has also pointed out that the petitioner is
the owner of the broadcast reproduction rights and
copyrights and cooperation registered in Dubai, United
Arab of Emirates and is not amenable to the
jurisdiction of the Indian courts.

What is surprising is that the SLP quotes different
figures for the five-year contract signed in 2003, but
bagged in 2002. At some place a figure of $ 50 million
is mentioned, while at another place a sum of $ 60
million is referred to.

THE DAY’S DRAMA

Friday the 12th was a day when rumours flew thick and
everybody who was anybody had a theory to offer.

The Prasar Bharati board, which met in Mumbai,
according to Sarma, was not happy with any of the
offers made by Ten, especially the one where the
sports broadcaster said it would allow downlinking of
its signals on low power transmitters from PAS 10
satellite through decoders distributed by it.

On the other hand, Ten Sports, in a smart move to put
some pressure on DD, first called for a briefing of
the electronic medium at 12. 30 p.m., which started
well past 1 p.m., with the one meant for the print
medium to be held at 3.30 p.m.

At the afternoon briefing, Taj Sports’ McDonald
declared as of that time there was a deadlock and no
agreement had been reached between DD and Ten.

MEN’s Lalit Modi added that as per an offer made by
Ten to safeguard its financial interests, about a
couple of hundreds of decoders would be distributed
free of cost to enable DD’s low power transmitters to
downlink Ten signals for those areas where cable
penetration is low. In the metros, it would have to be
the Ten’s satellite signals through cable operators as
the subscription revenue was an important part of the
whole business.

This model was not acceptable to DD, MEN advisor RK
Singh added.

All this while Sarma had maintained that DD would
press for being compensated for the revenue lost for
relaying Ten Sports’ signals. The opportunity cost
for 20 days (action) cricket would be $ 3 million. We
should be compensated for, he had said during the
day.

Though the cricket soap opera --- presumably scripted
by some Balaji Telefilms writer --- took a temporary
break late Friday, it promises to be back on the small
screen on Monday.

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