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  1. #1
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    Default Tata Sky still gets no feed from Sun TV, SUN DTH testing channels from April 12


    NEW DELHI, APR 6: The Sun TV-Tata Sky spat over channel sharing is set to intensify. The Kalanidhi Maran-promoted Sun TV yet again failed to comply with the Telecom Disputes Settlement Appellate Tribunal’s (TDSAT) March 19 directive to provide its channels to DTH operator Tata Sky on an a
    la carte basis.

    Last week, Tata Sky approached TDSAT, after which Sun TV was ordered to provide feeds within three days. That deadline expired on Friday morning. Sun TV now faces TDSAT’s wrath, a penalty and possible ban on all platforms, including CAS and DTH, at the next TDSAT hearing.

    Tata Sky has argued that Sun TV was simply stalling to gain time before the launch of its own DTH venture, Sun Direct, due in the first week of July. Sun begins signal testing on April 12.

    Justice Arun Kumar, presiding over the TDSAT bench, took serious note of Sun TV’s non-compliance with its March 19 interim order. “You cannot impose on them (Tata Sky) to take your each and every channel,” Kumar said. “It’s not fair... You cannot add a condition to an interim order
    http://www.financialexpress.com/fe_f...tent_id=160394
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  2. #2
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    Thanks for the news MJ. So Insat 4B would be ready by April 12?

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    hmmmm....TDSAT hearing today on Suntv...


    Within a few hours of your reading this, the Telecom Dispute Settlement and Appellate Tribunal (TDSAT) will have to take penal action against a company that is owned by the brother of Telecom Minister Dayanidhi Maran, a man to whom both the telecom regulator (Trai) and the appellate tribunal are linked in an administrative sense. Apart from this, the company at whose behest this will be done, Tata Sky Ltd, is a company over whose fortunes Maran has a considerable say—in terms of various clearances his ministry has to give to players in the direct-to-home space. If ever there was a situation of a potential conflict of interest, it is this one. So how the matter is dealt with will be watched keenly, now and in the months ahead. Indeed, there are several other judgments, by the courts and the TDSAT, in recent weeks, which will change the way the country’s broadcast industry is run.

    But the Tata Sky judgment first. Sometime last year, Tata Sky approached Sun TV (Maran’s brother’s company) and asked Sun for the feed for some of its (Tata Sky’s) channels. Sun, however, said Tata Sky would have to buy all its 20 channels, not just a few. There was then a discussion over whether Sun was offering others the channels as a bouquet or on an a-la-carte basis—Sun said the former was true while Tata Sky presented evidence to the contrary. As an interim measure, the TDSAT ruled that Sun would have to give Tata Sky the channels it wanted. When Sun refused to do so, Tata Sky went back to the TDSAT, which gave Sun three days to comply. This got extended by a few days due to the various holidays but today is the day when the TDSAT has to act—it can penalise Sun up to Rs 2 lakh a day or can take more stringent action in exactly the way a civil court can when its orders are disobeyed.

    It is not just Sun that is testing the waters and trying to control the competition in this manner though the law is very clear—broadcasters (such as Sun, Star TV, Zee TV and so on) just have to provide their channels to anyone who wants to carry them and at a price whose ceiling has been capped by Trai at Rs 5 a channel. The TDSAT delivered a judgment in the Tata Sky versus various Zee group firms on March 31, where Tata Sky wanted the feed of various Zee channels. While Tata Sky wanted 19 channels that were clubbed together in two bouquets by the Zee group, the group firms said they had 32 channels and Tata Sky would have to buy all of them. During the course of the hearing the TDSAT concluded that at the time Tata Sky complained, the Zee group firms it was negotiating with had the rights to only the 19 channels Tata Sky wanted. So the TDSAT didn’t go into whether Tata Sky would have to buy all 32 channels instead of just 19, but it pointed out that it was unreasonable to expect a DTH operator to buy all channels—this would increase not just the payment to be made to the broadcaster, but would also require more transponder space, which was both expensive and in short supply.

    This, though, contradicts what the TDSAT had ruled in the past. In ASC (Dish TV) versus Star India, it ruled, on July 14, 2006, that DTH firms had to buy all the channels a broadcaster had to offer—in this case, Star, which has a relationship with Tata Sky, said it would not sell just one bouquet to the Zee Group’s Dish TV but the latter would have to buy another bouquet of channels as well! The matter, presumably, will be decided by Trai, which has a consultation paper out on the matter right now.

    Another case involving Star was ruled upon by the Supreme Court just last week, which is somewhat similar. In this case, Star appointed a firm in Agra called Moon Network as the sole and exclusive distributor in Agra for various channels owned by it. When another company, Sea TV Network, approached Star for its feed, it was told to get the feed from Moon. But since Moon was a competitor, Sea refused to take the feed from it. The judgment ruled the quality of feed that Sea would get from Star would be far superior to the one it would get from Moon; and since Moon was a competitor to Sea, this made things worse. While ruling in Sea’s favour, the Supreme Court said broadcasters (like Star, Zee, etc) were free to appoint their agents but these agents could not be part of their networks. This has important implications for broadcasters that have very deep relationships with MSOs.

    The last, and ongoing, piece of the broadcasting mess is the pricing of each channel. After examining the costs and revenue stream of various players, Trai ruled no channel could charge more than Rs 5 per month. This was challenged at the TDSAT by the broadcasters but was turned down. The broadcasters are now in the Delhi High Court arguing their channels are, like newspapers, covered under Section 19(1)(a) of the Constitution, which deals with freedom of expression, and so putting a ceiling on their prices is tantamount to curbing their freedom of expression. Don’t switch off, the show’s just got interesting.


    http://www.business-standard.com/com...Left=0&chkFlg=
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  4. #4
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    Did TataSKy got the SUN group of channels today?. If not when they will get. And what about DISH Tv when they will provide the SUN group channels.

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    Quote Originally Posted by mnbl View Post
    Did TataSKy got the SUN group of channels today?. If not when they will get. And what about DISH Tv when they will provide the SUN group channels.
    A shocker

    Sun TV: Madras HC stays TDSAT ruling on dispute with TataSky

    MUMBAI: Sun TV, which is facing strictures from the Telecom Disputes Settlement Appellate Tribunal for non-supply of its channels to DTH platform TataSky, has won a stay order from the Madras High Court in the case.

    According to Sun TV legal head Anil Kumar, Justice Mohan Ram of the Madras High Court last Thursday (5 April) stayed the order of the sector tribunal asking Sun TV to stream its signals on an a la carte basis to TataSky, at 50 per cent of the cable charges. "A copy of the (court) order is expected this evening," Kumar stated.

    "TDSAT is wrong in passing an order like that, because the tribunal itself has earlier stated that an interrim direction cannot be given in a case like this till the entirel final hearing is over," Kumar pointed out.


    The judgment delivered by the Madras High Court supports our argument that TDSAT's interrim order is bad in law, Kumar asserted.

    Kumar also accused TataSky of twisting the facts in regards to the dispute between South India's lead broadcast network and the DTH service provider.

    "We plan to initiate appropriate legal action against Tata Sky for suppressing facts and misinterpretation before the media", he asserted.


    Kumar was referring to comments made earlier to Indiantelevision.com by TataSky senior counsel Ramji Srinivasan that Sun had withdrawn its review petition on the matter, which in effectively meant it did not dispute TDSAT's order.

    "Sun had on the last day of hearing even withdrawn its review petition, which means it does not dispute the order, and even then, they have not complied with it, so we are going to press for this penalty (that Sun TV be disallowed from being aired in any cable or DTH platform," Srinivasan had told indiantelevision.com last Saturday.

    Kumar explained Sun TV had withdrawn its review petition only because it had been advised that an application for modification is more applicable in the case under dispute than a review petition. "My modification application of the TDSAT order is pending," Kumar said.

    "On 2 April TDSAT has admitted the modification application so how can the tribunal demand that I give my channels. The directive is bad in law," Kumar reiterated.

    On 19 March, TDSAT had passed an interim order asking Sun TV to stream its signals on an a la carte basis to TataSky, at 50 per cent of the cable charges.

    The order meant that Sun was obliged to give TataSky the channels that the DTH operator wanted, and the price Sun would have to offer it was at 50 per cent of the price for the same channels that it received from the MSOs in the cable TV field.

    On the last day of hearing of the review petition filed by Sun on the interim order, the latter had raised several issues, especially demanding that TataSky should pay Sun for its entire subscription base, and other questions.

    The court had been upset and accused Sun of "taking us round and round" without complying with the order, and had strictly said that the order must be complied with by 7 April

    http://www.indiantelevision.com/head...apr/apr106.php
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  6. #6
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    so no way of getting sun channels in Tatsky and dish tv until they launch their DTH(sun).

 

 

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