Appeal regarding supply of signals between a cable operator and broadcaster. Court directs immediate supply based on a provisional subscriber base to resolve dispute pending joint survey.
Directed immediate supply of signals on subscriber base of 2500 for three months; directed joint survey within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL NEW DELHI
DATED 2nd February 2012
PETITION No.172(C) of 2011
M/s Aamar Cable Entertainment Pvt. Ltd. …Petitioner Versus ESPN Software India Pvt. Ltd. ...Respondent
BEFORE:
HON’BLE MR. P.K.RASTOGI, MEMBER
For Petitioner : Mr. Rabin Majumdar, Advocate For Respondent : Mr. N. Ganpathy, Advocate
ORDER
This petition has been filed to direct the Respondent Company to supply its signals to the petitioner.
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Signals of ESPN group channels and again reminded the respondent for the same as it did not receive any response from it. Initially, it was having 2345 subscribers but the subscriber base has been reduced to 1490 as it did not receive the ESPN Network’s channels. It has already submitted true copies of :
d) Registration Certificate issued by the Central Excise Department
e) Details of the equipments used by the Petitioner Company for the transmission,
f) List of the sub-cable operators under the Petitioner Company,
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passed by this Tribunal. The respondent denied the receiving of letter dated 18.12.2010 and reminder dated 20.01.2011 also. Therefore, the present petition is pre-mature and not maintainable.
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Similarly, list of the sub cable operators, although shows the column of the names and addresses and area of operation, but it mentions only ward or area. It does not give their detailed address where it can be easily identified.
“This has reference to Hon’ble TDSAT order dated 24.03.2011, and the meeting we had in our Kolkata Office today.
Today’s meeting was attended by the following persons :
1. Mr. Prabir Choudhury – Director, Aamar Cable Entertainment Pvt. Ltd.
2. Mr. Raju Sarkar – Director, Aamar Cable Entertainment Pvt. Ltd.
3. Sanjay Das – Associate Director, ESPN Software India Pvt. Ltd.
4. Sanjay Saraf – Proprietor, Dati Corporation
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During the course of discussions the following documents were handed over :
1. List of subscribers (only names)
2. Copies of your Memorandum and Articles of Association
3. Certificate of registration as a cable operator
4. Service tax no. and PAN no.
5. proposed area of operation
6. Certificate of Enlistment issued by Siliguri Municipal Corporation
Representatives of ESPN conveyed the following to the representatives of Aamar Cable Entertainment Pvt. Ltd. :
1. ESPN has requested for some time to verify the submitted documents.
2. It is not possible to verify the subscriber details based on the list provided by Aamar Cable which contains only names. Hence, ESPN has requested for complete list of direct subscribers of Aamar Cable with their names and detailed addresses.
3. Aamar Cable also needs to furnish complete list of subscribers of all their feed holders with their names and detailed addresses.
4. Aamar Cable also needs to submit Income Tax returns of the last three years.
5. Aamar Cable also needs to submit Balance sheet of the last three years.
Upon receipt of all the required documents from Aamar Cable, ESPN will verify the same and conduct surveys, if required, to take the discussion further.
Through this letter, we request you to submit the required documents listed above”
address on 29.04.2011 to the respondent. However, the respondent again on 05.05.2011 requested for further information which may be
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read as :
“We are in receipt of your letter dated 29.04.2011 and have noted the contents therein.
Through our letter dated 30.03.2011, we had requested for the following details :
1. Complete list of your direct subscribers with their names and detailed addresses.
2. Complete list of subscribers of all your sub operators/feed holders with their names and detailed addresses.
3. Income Tax returns of the last three years.
4. Balance sheet of the last three years.
However, alongwith your letter dated 29.04.2011, you have enclosed a list of 1490 subscribers containing their names and locality only, which is impossible to verify in case a door to door survey is required. Through this letter once again we request you to submit all the documents mentioned above. It is imperative, while providing address you should give details of door no., house no. road no. road name, area, town and pin code.
Upon receipt of all the required documents we shall verify the same and conduct surveys, if required, to take the discussion further.”
MSM Discovery where the Commissioner held that the subscriber base was 1508. The learned counsel for the respondent objected to this saying that ESPN is not concerned with the joint survey conducted in any third party case.
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However, it is noticed that that the commissioner’s report in Petition No. 45(C) of 2010 has been set aside by this Tribunal order dated 15.11.2011. Therefore, it cannot be relied upon.
The respondent further submitted an additional affidavit on 03.10.2011 where it pointed out that the respondent has conducted the verification of the SLR supplied by the Petitioner. According to its report, there were about 23 cable operators with 1540 declared subbase as on 30.08.2011. According to its verification as per ground level survey, the actual connectivity was 18548. The Petitioner has questioned the veracity and reliability of this report as only true copy has been submitted.
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to the petitioner’s network on subscriber base of 2500 for a period of three months. The joint survey will be conducted within a period of one month from date. The actual subscriber base shall be determined on the basis of joint survey and on the basis of negotiations held in terms thereof.
……………..... (P.K. Rastogi) Member
/NC/
3 issues framed by the court
Whether the respondent broadcaster should supply signals to the petitioner cable operator pending verification of subscriber base.
What subscriber base figure should be accepted for the purpose of supplying signals.
Whether the petitioner is required to substantiate its claimed subscriber base through a joint survey.
M/s Aamar Cable Entertainment Pvt. Ltd.
ESPN Software India Pvt. Ltd.
P.K. Rastogi
As recorded by the court registry
A petition before the Telecom Disputes Settlement and Appellate Tribunal in a broadcasting or cable-distribution dispute.
Judgements on the same questions, provisions and authorities, from every court
