TDSAT rejects Neo Sports petition seeking interconnect agreement with Tata Sky on its own terms

New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has dismissed a petition by Neo Sports Broadcast Private Ltd seeking an interconnect agreement on its own reference interconnect offer terms with DTH platform Tata Sky.

Chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said the submissions by the broadcaster were ‘quite misconceived’.

Referring to the two provisions relied upon by counsel for the broadcaster, the Tribunal said these were part of the broadcaster's obligations to publish Reference Interconnect Offers for direct-to-home service and the provisions relied upon secure the interests of the direct-to-home distributor rather than the broadcaster.

The Tribunal levied costs of Rs 25,000 which would be deposited with the TDSAT Employees Welfare Society within four weeks.

The Tribunal termed the petition as an “unusual case in that the broadcaster had come to it seeking an interconnect agreement on its own Reference interconnect Offer (RIO) terms.

According to Neo Sports, it had been in inter-connect relationship with Tata Sky and the latter hadbeen carrying on its platform Neo sports' two channels: Neo Sports and Neo Prime (formerly NeoCricket) since 2006-07. The last agreement between the parties was executed on 17 September 20 10 for a period of three years commencing from 1October 20 1 0 and coming to end on 30September 2013.

Under clause V of the agreement Tata Sky was obliged to pay to Neo Sports “the rather steep” subscription fee of Rs 124 crore (R s. 1 09 crore for channels  being distributed in the Standard Definition mode and Rs 15 crore for channels being distributed in the High Definition mode).

It is to be noted that at the time the interconnect agreement was executed Neo Sports  enjoyed exclusive BCCI rights for live broadcast of international cricket matches which gave it the power tocommand very high subscription fees in the Indian broadcasting market.  It lost the right to the cricket broadcasts in December 2011 and “it is a measure of popularity of the game in the country that there after it was unable to hold onto the amount of subscription fees stipulated in the agreement which was still subsisting”. The two sides executed an Addendum on 16 May 2012  to the Distribution Agreement of 17 September  2010 reducing the subscription fee substantially and it was fixed at the rate of Rs one crore per month plus applicable service tax for the period from April 2012 to 30September 2013.

The Tribunal noted that negotiations continued thereafter but Neo Sports did not have the marketing power it had at the time of execution of the earlier agreement and Tata Sky was no longer willing to meet its demands.

Latest Reads
South Asia FM allotted Surat, Amritsar, Patna, Chandigarh and Jammu FM channels

NEW DELHI: M/s South Asia FM Ltd has been declared as the winning bidder for five Radio FM channels, just a day after the commencement of the auction for the second batch of Phase III. The company will be allotted FM Channels in Surat, Amritsar, Patna, Chandigarh and Jammu. The details of the...

Regulators I&B Ministry
Govt seeks professional help for DD revival

NEW DELHI: Fazed by private sector television channels’ stridency in terms of revenues and viewership in an increasingly digital India, the government is seeking outside professional help in “transformation of Doordarshan.”

Regulators I&B Ministry
Prasar Bharati lacks content & marketing; open to tie-ups: MIB Minister

NEW DELHI: Conceding that Prasar Bharati is lagging in both content and marketing, Minister of State for Information & Broadcasting (MIB) Rajyavardhan Rathore on Wednesday said there was a need to bring in outside experts for improving these aspects.

Regulators I&B Ministry
MIB favours self-regulation, TRAI says some regulation mandatory

NEW DELHI: Even as he favoured the idea of self-regulation in the media, Minister for Information and Broadcasting (MIB) M Venkaiah Naidu stressed that “regulation should not become strangulation” and added the government wants to be a facilitator for creating a good business environment for the...

Regulators I&B Ministry
FM Phase III e-auction tomorrow

NEW DELHI: The e-auctions for the second batch of Radio FM Phase III has been put off by a day to 26 October 2016.

Regulators I&B Ministry
TRAI tariff order, interconnect regulations; date for responses extended

NEW DELHI: Stakeholders wanting to give in their reactions to the latest draft Tariff order for Digital Addressable Systems, the Quality of Service and Consumer Protection Regulations, and the draft interconnect regulations have been given time till 15 November 2016 to respond.

Regulators TRAI
FM P-III auction: EMD, bidders initial eligibility declared

NEW DELHI: Even as the day of the e-auction of the second batch of FM Phase III on 25 October 2016 approaches, the Government has released the earnest money deposit (EMD) by the pre-qualified bidders and the initial eligibility points (IEP) of each of these.

Regulators I&B Ministry
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

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories