Tdsat rules in favour of Dish TV; MTV has one month to get onto DTH platform

MUMBAI: In the next 30 days, music channel MTV and kids channel Nick may well be available on direct-to-home service provider Dish TV, 20 per cent owned by Zee Telefilms.

This follows a favourable judgment that the country's as yet only private DTH operator won today from the Telecom Disputes Settlement and Appellate Tribunal (Tdsat). As per Tdsat's directive, in the next 30 days the two channels from the MTV stable will have to be visible to Dish TV subscribers.

The judgment can well be viewed as a model on the must-provide clause of the interconnect regulation, outlined for the broadcast sector by the Telecom Regulatory Authority of India (Trai).

As per the judgment, Tdsat has made it clear that if MTV Networks still refuses to abide by the ruling, the latter can move Tdsat again.

Commenting on the ruling, MTV Networks India Ltd Sr VP network development and licensing and merchandising Sanjeev Hiremath says: "MTV and Nick are distributed in India through the One Alliance. One alliance is already in talks with ASC Enterprise and as you would have read in the press recently, they are near closure."

Last year, Dish TV had moved the disputes tribunal seeking legal redressal against, what it says, is MTV's unwillingness to come on to its DTH platform.

It is interesting to note that the two petitioners, ASC Enterprises Ltd. & Anr and New Era Entertainment Network Ltd. specified, "The channels MTV and Nick are stated to be available on DTH platforms in other countries and as such it is highly inappropriate and discriminatory on the part of the respondent (MTV Networks), not to make available their channels on the petitioner's Dish TV-DTH platform operating in India."

What seems to have worked in Dish TV's favour in this case is that MTV's English music channel Vh1 is available on Dish by virtue of its being part of the Zee-Turner distribution bouquet. MTV Networks is unique in India in that two of its channels (MTV and Nick) are a part of the One Alliance bouquet while the third (Vh1) is on Zee-Turner.

As per clause 3.1 of the Telecommunication Broadcasting and Cable Services Interconnection Regulation 2004, which cover revenue among service providers for interconnection and revenue share for all Telecommunication (Broadcasting and Cable) Services throughout the territory of India, "No broadcaster of TV channels shall engage in any practice or activity or enter into any understanding or arrangement, including exclusive contracts with any distributor of TV channels that prevents any other distributor of TV channels from obtaining such TV channels for distribution."

Clause 3.2 states, "Every broadcaster shall provide on request signals of its TV channels on non-discriminatory terms to all distributors of TV channels, which may include, but be not limited to a cable operator, direct to home operator, multi system operator, head ends in the sky operator; Multi system operators shall also on request re-transmit signals received from a broadcaster, on a non-discriminatory basis to cable operators."

Latest Reads
FM P-III second batch auction from 25 Oct; 14 in fray

NEW DELHI: The e-auction of the second batch of FM Phase III will commence on 25 October 2016 from 09.30am.

Regulators I&B Ministry
Free data, net neutrality: Discussion on TRAI paper to be held

Given the complicated issues around net neutrality, an open house discussion is to be held in Hyderabad this month on Telecom Regulatory Authority of India’s consultation paper on free data. The OHD will be held at Hotel Trident in the Telangana capital on 24 October 2016.

Regulators TRAI
Prasar Bharati advisor reviews DD marketing and policies

Former Ministry of Information and Broadcasting (MIB) Secretary and now Prasar Bharati advisor Sunil Arora yesterday asked Doordarshan to adopt the best policies of the industry, even as he approved the planned auction of slots on DD National.

Regulators I&B Ministry
Suresh Panda may be Prasar Bharati interim CEO; liberal DD auction criteria recommended

Suresh Panda, member (personnel) in Prasar Bharati is expected to take over as the acting chief executive officer of the pubcaster after the incumbent CEO Jawhar Sircar demits office on 4 November.

Regulators People
Govt. accepts Jawhar Sircar's request for early retirement

A media-savvy chief executive of Prasar Bharati Jawhar Sircar used the social media to announce yesterday that the Indian government has accepted his resignation from the pubcaster and acceded to his request for an early retirement.

Regulators I&B Ministry
Carriage fee in interconnect draft aimed at reducing litigation

NEW DELHI: The draft of the Interconnect regulations issued by the Telecom Regulatory Authority of India has given a formula for calculation of the carriage fee. The carriage fee for each month or part thereof during the term of the interconnection agreement shall be calculated as given below:-

Regulators TRAI
TRAI issues comprehensive interconnect draft guidelines

Indian broadcast regulator came out today with its third set of draft guidelines within five days --- this time on interconnection issues. With an aim to bring about more uniformity and transparency in the broadcast carriage sector, TRAI attempts to tackle spiralling carriage cost, rampant...

Regulators TRAI
TRAI attempts greater transparency via auditor empanelment

While it remains to be seen if the provisions of the Interconnect draft will have a salutary effect on the cases pending before the Telecom Disputes Settlement and Appellate Tribunal but the Telecom Regulatory Authority of India appears to have learnt some lessons, at least as far as subscription...

Regulators TRAI
TRAI on carriage fee, other issues in draft interconnect guidelines

After taking in to consideration the comments of the stakeholders and internal analysis in TRAI, the draft regulations [the Telecommunication (Broadcasting and Cable Services) Interconnection (Addressable Systems) Regulations, 2016] along with its explanatory memorandum have been prepared.

Regulators TRAI

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories