TDSAT refuses to clampdown on Star over DTH signals

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) today rejected the petition of ASC Enterprises, seeking to restrain Star from giving its signals to any other DTH operator, and said it will pass a final order on the matter in the next 8-10 days.

"It would not be in consumers' interest for us to prevent the entry of a new DTH service on the basis of mere apprehensions," a TDSAT bench said, hearing the petition of ASC Enterprises, which runs DTH services under the Dish TV brand.

Rejecting as "highly exaggerated" ASC Enterprises' apprehensions that Star might pass on the signals to its own DTH service due for launch soon, TDSAT said there was "no prima facie case" for issuing any restraint order.

"... In our view, even if a third party were to launch a new DTH service, which includes the signals of the respondent (Star), it will take some time for it to establish itself in the market." However, to the relief of the petitioner, it pointed out that the licence agreement for DTH clearly states that a DTH operator cannot carry the signals of a broadcaster who has "refused access on a non-discriminatory basis to any other DTH operator."

Interestingly, Star had filed an undertaking before TDSAT last month that it would not be sharing its content with any DTH operator till July 3, a date which expired yesterday.

ASC prayed to the TDSAT to continue the undertaking till the matter is disposed, as it may hit its commercial interests.

Meanwhile, appearing before the tribunal Tata, the majority holder in the proposed DTH joint venture between it and Star, contended that it has invested heavily and would suffer losses if not given permission to launch the service.

It also assured the tribunal that it would provide Zee channel with signals and they are negotiating with the latter for the last 18 months.