SC refuses interim relief to TataSky

The Supreme Court on Friday refused to give interim relief to DTH operator TataSky which has challenged the stay granted by Madras High Court in a case pertaining to sharing of signals by broadcaster Sun TV. A bench comprising Justice B N Agarwal and Justice P P Noalekar declined any interim relief to TataSky, saying the matter would be taken in due course. The issue has been posted for hearing on April 27. TataSky had approached the Apex court following Madras High Court’s decision early this month to stay broadcast tribunal TDSAT’s order asking the Kalanidhi Maran-owned Sun TV to provide signals of its 16 pay channels and four free-to-air channels to the DTH operator on a pick-and-choose basis. Senior counsel Mukul Rohtagi, appearing for Tatasky, contended as per TRAI’s Interconnection Regulations 2004 every broadcaster must provide its channels to another in public interest and encourage competition. He said Sun TV had chosen to start proceedings in Madras High Court, which had no territorial jurisdiction, so as to avoid compliance with TDSAT's orders for supply of signals. "In order to ensure effective competition, TRAI has mandated that broadcasters must provide the signals of their popular content also to DTH operators," the petition filed through Manik Karanjawala and Ramji Srinivasan said. According to TataSky, Sun TV being the most power-ful south Indian language broadcaster and cable operator in Tamil Nadu, should not deny its signals. "The actions of Sun TV are anticompetitive and against public interest and amount to abuse of its government and influential position," it added. TataSky submitted TDSAT had also asked Sun Tv to charge DTH operators at 50% of their cable rates as an ad hoc measures till TRAI determines the DTH tariffs.

Courtesy: EconomicTimes