#e4mExclusive:  JioStar vs Fastway: TDSAT stays disconnection notice over channel placement dispute

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has stayed the disconnection notice issued by JioStar India Pvt Ltd to cable distribution company Fastway Transmissions Pvt Ltd, after the latter undertook to restore the logical channel numbers (LCNs) and rankings of all JioStar channels and comply with the other conditions of their March 2026 Subscription License Agreement (SLA).

In its order, the tribunal said the stay on the October 6 disconnection notice would become operative immediately upon Fastway restoring the LCN numbers, LCN rankings and other conditions stipulated under the revised agreement. The protection will remain in force during the pendency and final hearing of the broadcasting petition.

Dispute centres on channel placement and rankings

The dispute concerns the contractual obligations governing the placement of JioStar's television channels on Fastway's cable distribution network. LCNs are the numbers assigned to individual channels on a distributor's electronic programme guide (EPG), while LCN rankings determine their position in the channel listing. These positions influence how easily viewers can discover and access channels.

The proceedings arise from Fastway's challenge to JioStar's disconnection notice, which followed disagreements over the continued maintenance of the broadcaster's channel positions and rankings.

Fastway has contended that its obligation to maintain JioStar's LCN numbers and rankings was limited to a one-year period, which it said expired in September 2026. The company also argued that the arrangement had already been operational for more than a year before the revised SLA was executed in March 2026, and therefore disputed the continuing applicability of the placement obligations.

JioStar relies on March 2026 agreement

JioStar opposed Fastway's interpretation, relying on the March 2026 SLA, which it maintained was binding on the distributor and required it to continue honouring the agreed channel numbers, rankings and other contractual conditions.

The broadcaster's position was that Fastway could not disregard the obligations under an agreement it had entered into voluntarily and subsequently conducted business under. 

JioStar also relied on earlier TDSAT decisions and the Supreme Court's judgment in State of Orissa v. Narain Prasad (1996), which, according to its submissions, supports the principle that parties voluntarily entering into commercial agreements cannot ordinarily resile from their contractual obligations or challenge the terms governing those arrangements.

TDSAT had declined interim relief earlier

The tribunal had earlier considered the matter on October 16, 2026, when it admitted Fastway's broadcasting petition but declined to grant interim protection against the disconnection notice. It had also directed JioStar to file its reply.

The matter came up again on October 27, when senior advocates Parag Tripathi and Jayant Mehta, appearing for Fastway, advanced arguments on the legal position concerning the maintenance of LCN numbers and rankings. 

They reiterated that, in their client's interpretation, there was no continuing legal obligation to maintain these positions after the expiry of the one-year period in September 2026.

JioStar disputed this position, particularly in view of Annexure P/2 to the petition, which contained the revised SLA executed between the parties in March 2026.

Fastway offers undertaking to secure protection

During the hearing, Fastway offered an undertaking before the tribunal that it would maintain the LCN numbers of all JioStar channels, preserve their rankings and fulfil the other conditions specified in the March 2026 SLA. The company also agreed to comply with the agreement's conditions so that it would remain entitled to the incentives provided by JioStar under the arrangement.

On the basis of this undertaking, the tribunal granted interim relief and stayed the operation, implementation and execution of JioStar's October 6 disconnection notice.

The tribunal clarified that the stay would come into operation immediately upon restoration of the LCN numbers, rankings and other conditions specified in the revised SLA. Once operational, the protection would continue during the pendency and final hearing of the broadcasting petition.

Fastway reserves right to challenge SLA

However, Fastway made it clear that its undertaking was without prejudice to its rights and contentions in the main proceedings. The company maintained that it had entered into the revised SLA because of unequal bargaining power and had no real alternative but to accept the terms offered by JioStar.

Fastway has reserved its right to challenge the conditions of the March 2026 agreement at the final hearing, relying on its arguments concerning unequal bargaining power and the Telecom Regulatory Authority of India's (TRAI) Interconnection (Addressable Systems) Regulations, 2017.

The tribunal expressly recorded Fastway's reservation, clarifying that the undertaking was being given only as an interim arrangement and would not prejudice either party's rights and contentions in the final adjudication.

The distinction is significant because the tribunal order does not conclusively determine whether Fastway was legally required to maintain JioStar's channel positions beyond September 2026 or whether the terms of the revised SLA can be challenged on grounds of unequal bargaining power. These issues remain open for consideration when the petition is heard on merits.

Matter listed for December 22

JioStar was represented by senior advocates Meet Malhotra and Kunal Tandon, along with advocates Swikriti Singhania, Ranjeet Singh Sidhu, Gaurav Lasiyal, Ravi S. Chauhan and Palak Singh. 

Fastway was represented by senior advocates Parag Tripathi and Jayant Mehta, along with advocates Ritwika Nanda, Himanshu Dhawan, Abhay Dev Sharma, Saru Sharma, Vibhor Yadav and Om Shelat.

The tribunal, comprising Chairperson Justice Dhirubhai Naranbhai Patel and Member Dr Sanjeev Banzal, granted Fastway two weeks to file its rejoinder affidavit. The matter has been listed for hearing on December 22, 2026.

For the time being, the interim arrangement requires Fastway to restore and maintain JioStar's agreed channel positions and comply with the March 2026 SLA in exchange for protection against disconnection.

The broader contractual dispute, including the enforceability of the revised agreement and the parties' respective obligations under the regulatory framework, will be examined in the subsequent proceedings.