Tdsat restrains Trai from acting against ESPN

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NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (Tdsat) has restricted Trai to take any cohesive action that would lead towards the cancellation of ESPN’s downlinking licence as it was going for a final hearing on the pricing matter for DTH operators.
ESPN counsel contended that the Telecom Regulatory Authority of India (Trai) can't blindly apply Tdsat's judgments on DTH pricing to all the channels.
Earlier on 8 September, Tdsat had issued notice to Trai on the petition filed by ESPN contesting the sector regulator's pricing policy to DTH operators at 50 per cent below non Cas (conditional access system) cable rates.
Tdsat had further asked Trai to file a reply affidavit within four weeks and a rejoinder if needed within three weeks.
In its petition, ESPN had said Trai's directives to the sports broadcaster to modify its reference interconnect offer (RIO) for direct-to-home operators is without any authority.
During the course of the hearing, ESPN counsel argued that it has been losing subscriber base due to the concept of add-on packages being introduced. ESPN's contention is that since the add-on packages are based on a la carte rates and are not included in the base package, the consumer has to pay more for a channel. Trai's counsel submitted that ESPN was not following the rules and regulations as laid out. There are 17 broadcasters in the country having 129 pay channels and out of that 16 broadcasters with 126 pay channels have complied with the tariff fixed by the sector regulator. Only one broadcaster with three channels (ESPN, Star Sports and Star Cricket) has been resisting this, Trai's counsel argued.
The case has been listed for final hearing on 13 January 2009.


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