TDSAT gives verdict in MSM-DEN row

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed DEN Networks to restore MSM Discovery’s channels in markets where the interconnection agreements are still in force. 

In the same breath, the TDSAT has given DEN the freedom to place the content aggregator’s channels on a la carte basis in cities where there is no placement agreement. 

DEN’s content agreement with MSM Discovery for digital addressable system (DAS) in Phase I cities has expired and the commercial terms are being negotiated. For the Phase II cities, the agreement runs through March 2014. 

MSM Discovery, which operates under the TheOneAlliance banner, had moved the TDSAT against DEN Networks alleging that the multi-system operator (MSO) had switched off its channel in many DAS Phase II cities in North India despite there being a valid agreement in place for these markets till March 2014. 

The content aggregator also alleged that several of its channels, Sony Entertainment Television (SET) and SAB in particular, were illegally displaced to a different logical channel number (LCN), which determines the channel placement. 

While disposing of MSM Discovery’s petition, the TDSAT directed DEN to honour placement agreements that is in effect and reinstate the former’s channels. However, DEN can place MSM Discovery’s channels on a la carte basis in cities where there is no placement agreement in effect. 

Needless to say that the above observations are based on the premise that the petitioner (MSM Discovery) itself is not in breach of the terms of the agreement, TDSAT chairperson Aftab Alam stated in its order. 

It is pertinent to note that MSM Discovery had on 20 November issued disconnection notices to DEN Networks over non-renewal of Phase I agreement, non-signing of agreements related to Times Television Network (TTN) channels and outstanding dues. 

The TV channel distributor had issued notices in different cities in North India that includes Delhi, Agra and Ghaziabad (Uttar Pradesh), Faridabad (Haryana), Jaipur and Jodhpur (Rajasthan). 

DEN countered MSM Discovery’s disconnection notice by switching off signals of its channel and in some cases pushing it to some other LCN, said a MSM Discovery official.

Source: http://cablequest.org/news/digitization-news/item/3772-tdsat-gives-verdict-in-msm-den-row.htmlSource: http://cablequest.org/news/digitization-news/item/3772-tdsat-gives-verdict-in-msm-den-row.html