IndianMascot
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The Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) has said that a broadcaster cannot insist that the service provider must prescribe a minimum subscription period of three months.
In a judgment that may have far-reaching consequences, TDSAT however interpreted the Tariff Order of the Telecom Regulatory Authority of India (TRAI) to mean that the service provider may prescribe a maximum of three months as the minimum period of subscription to its subscribers subscribing to a-la-carte channels.
Allowing the petition by Dish TV against ESPN Software India, chairman justice Aftab Alab and member Kuldeep Singh said clause 5.2 of the Reference Interconnect Offer (RIO) offered by ESPN to Dish TV as well as clause 4.6 is not in conformity with the regulations. The bench also directed that a copy of the judgment be supplied to TRAI.
Accordingly, the bench in the judgment written by Singh said clause 5.6 of RIO shall be modified accordingly. Similarly, clause 8.2 of the RIO shall be modified to make the reporting requirement in conformity with the RIO published by respondent on its website.
Referring to charges by ESPN that Dish TV only beamed matches for any month or part thereof when ESPN’s channel is showing cricket matches in which Indian team is participating and the same is activated as part of the ‘India Cricket Package,’ the calculation of subscribers of such a channel shall be based on the total number of subscribers subscribing to all such bouquets that offer “ICP” for the whole month irrespective of the fact when the channel is activated or de-activated.
The number of subscribers of the respondent’s such channel that is shown as part of ICP shall be calculated on a calendar month basis as all the subscribers subscribing to such bouquets which contain the ICP for all such months or part thereof during which the channel is activated.
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