Dish TV to move TRAI against Star Sports’ RIO terms

Direct-to-home (DTH) operator Dish TV is all set to write to the Telecom Regulatory Authority of India (TRAI) against some of the clauses in its reference interconnect offer (RIO) deal with Star Sports India for Star Sports 2 channel that it finds objectionable. 

Dish TV had challenged these clauses in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), contending that these clauses, some 10 to 12 in total, are against the TRAI regulations and are untenable. 

While stating its inability to adjudicate on a regulation, the tribunal asked the DTH operator to seek remedy from TRAI. Once TRAI spells out its position, the TDSAT will take the final call on the matter. 

RC Venkateish, CEO, Dish TV, said that it would write to TRAI next week about these clauses. “We will write to TRAI on Monday or Tuesday about these 10-12 clauses that are in violation of its regulations.” 

Venkateish also alleged that Star Sports India (previously ESPN Software India) had deliberately inserted these clauses to dissuade Dish TV from taking Star Sports 2 channel on RIO.

Venkateish also pointed out that one of the terms added by the sportscaster in the RIO agreement relating to providing remote access to verify the subscriber numbers was contrary to an earlier opinion of TRAI, which also upheld by the TDSAT. 

When TDSAT brought this to the notice of Star Sports, its counsel Saikrishna Rajagopal stated that the sportscaster would not insist on incorporation of the term in its RIO. 

Rajagopal’s admission notwithstanding, the TDSAT stated that the term relating to remote access should not have found mention in the RIO in light of the tribunal’s judgment. 

The whole dispute began when Dish TV evinced interest to Star Sports about providing Star Sports 2 on a la carte. Dish TV agreed to sign the interconnect agreement on Star Sports’ RIO terms. However, it found some of the clauses unreasonable. When the two parties could not come to a middle ground, Dish TV took recourse to TDSAT. 

While asking Dish TV to accept all the terms and conditions in Star Sports’ RIO agreement if they wished to enter into such a deal, the tribunal also gave it the freedom to approach TRAI. 

“Insofar as the other disputed terms and conditions are concerned, it will be open to the petitioner to sign the interconnect agreement, including the disputed terms and conditions without prejudice to its rights and contentions and keeping its option open to seek its remedies,” the TDSAT stated in its interim order. The clause 13.3 of the Telecommunication (Broadcasting & Cable Services) Interconnect Regulations, 2004 provides that the question of validity of the terms of an RIO has to be first examined by TRAI. 

TRAI will have to dispose of the representation after giving an opportunity of hearing to the parties without any undue delay and preferably within six weeks from the date of its filing. 

Source: TelevisionPost 20 Dec 2013

Source: http://cablequest.org/news/dth-news/item/3878-dish-tv-to-move-trai-against-star-sports%E2%80%99-rio-terms.htmlSource: http://cablequest.org/news/dth-news/item/3878-dish-tv-to-move-trai-against-star-sports%E2%80%99-rio-terms.html