TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI
Dated 13th August, 2014
MA Nos.218 & 223 of 2014 in
Petition No.335(C) of 2014
Hathway Cable & Datacom Ltd., Mumbai ....Petitioner
Versus
Taj Television (India) Pvt. Ltd., Mumbai …Respondent
The present petition and petitions nos.319(C) of 2014 and 47(C) of 2014 raise similar issues.
These cases arise from a deep rooted dispute between two of the major broadcasters on the one side and a large MSO on the other side. The dispute has arisen at a stage when the earlier fixed fee agreement between the parties has come to end and they are unable to come to agreed terms for a fresh agreement and under the circumstances the MSO has no option but to take the broadcasters’ channels on their RIO terms.
The resolution of the dispute would require interpretation of certain clauses of some of the statutory regulations.
Unfortunately, the dispute between the two sides is playing out in highly aggressive way and one may add in a rather unpleasant manner. It seems to be affecting a large number of people in viewing their favourite TV channels. The disputants themselves are approaching the Tribunal on a weekly basis complaining against the actions of each other and seeking some interim directions of the Tribunal consuming a lot of time on arguments on miscellaneous applications. It is, therefore, in the larger interest to finally dispose of these cases after hearing all sides at an early date.
We accordingly direct that all the three petitions may be listed for final disposal at the top of the list on 25 August 2014. Let it be recorded that the date of hearing is fixed with the consent of all concerned.
In order to complete the pleadings, the respondents are directed to file their respective replies in petitions nos.319(C) of 2014 and 47(C) of 2014 by 20 August 2014. In case the petitioner wishes to file any rejoinder, it should serve a copy of the rejoinder on the other side by 23 August 2014 subject to which it may file the rejoinder on 25.08.2014.
In the meantime, both sides have assured the Tribunal that they would avoid issuing the offensive advertisements against each other.
