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Policy & Regulation
TDSAT’s split decision creates confusion over plea against Zee, Media Pro
TT Correspondent |  |  07 Oct 2011

In a piquant situation, broadcast tribunal TDSAT is split on a decision over a plea of a Multi System Operator against the broadcaster Zee group and Media Pro Enterprises India regarding subscription, thereby rendering the parties confused.

The two-member TDSAT bench comprising its Chairman Justice Mr S B Sinha and Member Mr P K Rastogi gave split orders over a petition of Digicable Network Ltd, which sought an interim injunction against Media Pro Enterprises India, distributor of the Zee and Star group of channels, to not to disrupt signals.

While TDSAT Chairman Justice Mr S B Sinha dismissed the interim petition of the Multi System Operator (MSO), Member Mr Rastogi allowed the plea of the MSO, directing Media Pro Enterprises to continue supply of signals.

The situation has been compounded by the vacancy of position of one member of the TDSAT after the retirement of its technical member Mr G D Gaiha.

In normal circumstances, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has a sanctioned strength of three members, including the Chairman.

In his separate order, Mr Rastogi said, "Respondent (Media Pro) is directed not to disconnect the signals of the petitioner (Digicable) pending finalisation of these petitions. Wherever, disconnection of Zee Channels have taken place, signals of the petitioner be reconnected immediately within 24 hours".

However, the Chairman said, "We are of the opinion that it having not been able to make out a prima facie case for grant of an order of injunction ... The prayer for interim relief is rejected".

The Chairman asked to expedite the hearing of the main matter before it, while, the member directed it to "be posted on the date already fixed."

Digicable had approached the tribunal for the challenging a disconnection notice issued by Media Pro on account of default in payment by the MSO and furthermore it did not sign the subscription agreement. A public notice was also issued on August 8, 2011.

    
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07 Oct 2011(IST)  
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