Broadcast tribunal Telecom Disputes and Settlement and Appellate Tribunal (TDSAT) today directed sports broadcaster ESPN to provide its signals to South-based Direct-to-Home (DTH) operator Sun Direct at half the cable rates, as specified by Telecom Regulatory Authority of India (Trai).
The TDSAT, headed by Justice Arun Kumar, also held that ESPN would give signals to Sun Direct on a la-carte (pick and choose) basis as per Trai regulation.
However, the tribunal also made clear to Sun Direct that if ESPN, which has challenged Trai's regulation over DTH pricing before it, gets the order in its favour, the DTH operator would have to pay tariffs in accordance with that final order.
The TDSAT direction came over a petition filed by Maran family-controlled Sun Direct seeking signals for its DTH services.
During the proceedings, counsel appearing for Sun Direct submitted before the tribunal that it would provide wide coverage to ESPN channels by offering their channels to all customers.
"But beyond that we would not force any one to take ESPN's channel," submitted senior counsel Ramji Srinivasan appearing for Sun TV.
More From This Section
On this, ESPN's counsel Nanju Ganpathy submitted that Sun was asking channels at 50 per cent discount and they have already challenged the entire Trai regulation directing broadcasters to give their channels to DTH operators at half the cable rates.
"Our petition challenging Trai's regulation is listed on January 13 for final hearing.... If tomorrow the tribunal set aside that Trai direction then Sun would have to pay," submitted Ganpathy.