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TDSAT pulls up Ushodaya Enterprises for not giving signals to MSO

25-October-2008
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TDSAT pulls up Ushodaya Enterprises for not giving signals to MSO

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has pulled up Ushodaya Enterprises, owner of ETV Network, for not giving signals to a multi-system operator and has asked it to contribute Rs 50,000 to the Prime Minister’s Relief Fund. Passing the judgement on a petition filed by Ortel Communication for not giving signals of ETV Bangla channel by Ushodaya Enterprises, the Tribunal said that the MSO was wrongly denied signals.

A TDSAT bench headed by Justice Arun Kumar said, “The delay and negative response of the respondent (Ushodaya Enterprises) vis-à-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.”

The Tribunal also rejected arguments of ETV, which contended that Ortel Communication was not an MSO, and that 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 that they should approach their local MSO.

However, rejecting ETV’s plea, the TDSAT bench 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.”

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