New Delhi: Broadcast tribunal TDSAT has pulled up Ushodaya Enterprises owners of ETV Network for not giving signals to a multi-system operator and asked it to contribute Rs50,000 to the Prime Minister’s Relief Fund.
Passing a judgement on a petition filed by Ortel Communication for not giving signals of ETV- Bangla channel by Ushodaya Enterprises, the tribunal said the MSO was wrongly denied signals.
“The delay and negative response of the Respondent (Ushodaya Enterprises) vis-a-vis the Petitioner (Ortel) were totally avoidable and have resulted in wastage of time, energy and resources of all concerned.
We therefore impose Rs 50,000 on the first Respondent (Ushodaya Enterprises) to be paid to the Prime Minister’s Relief Fund,” said the Telecom Disputes Settlement and Appellate Tribunal bench headed by Justice Arun KUmar.
The tribunal also rejected arguments of ETV, which contended that Ortel Communication was not an MSO and as a broadcaster it could supply feed of its channels to MSOs only.
ETV pleaded that as per Interconnect Regulation of 2004, Ortel was not eligible for receiving signals and they should approach their local MSO.
However, rejecting it, the tribunal said,“They (Ushodaya Enterprises) are conveniently overlooking the fact that the definition of an MSO includes a person who retransmits the signals directly to consumers.
The other provisions of the Interconnection Regulation referred to by Respondents do not support this view nor do they contain provisions which are contrary to the definition of an MSO,” the bench said.