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HomeTDSATTDSAT FAQs

TDSAT FAQs

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“Manjul Bajpai, a well known senior advocate of  the Telecom and Broadcasting Industry and President of the Telecom lawyers Association (TLA) provides many useful hints for the companies involved in providing services in the Cable and Broadcasting sector, in question and answer form. These questions are based upon his vast experience of handling litigations in the industry and feed back he received during the TDSAT seminars held in different parts of the country regarding disputes settlement”

  • 1. Who / what is TDSAT ?

    Statutory Body Under TRAI Act, 1997- Since Year 2000. Jurisdiction over all telecom disputes. Jurisdiction extended to Cable and Broadcasting in January, 2004. Exclusive Jurisdiction over telecom matters Court of first instance – wide power-any dispute Both Appellate and Original Jurisdiction.
  • 2. Can I file a petition/case in civil courts?

    No .Civil Court's Jurisdiction is expressly barred.
  • 3. Can I file petition/case in TRIAL?

    No.
  • 4. Can I file a Petition/Case in High Court?

    High Court has Writ jurisdiction BUT generally they send telecom cases to TDSAT.
  • 5. Can I get my dispute settled through an arbitrator, if my License issued by the government/ interconnect agreement providers for an arbitration clause ?

    No.
  • 6. Can I approach TDSAT in a case where the Government amends another services provider's license, which affects my right / interests?

    YES.
  • 7. Can I approach TDSAT if I am an individual subscriber?

    No-Have to approach forums like Consumer Forums. But as a group - you can.
  • 8. Can I challenge the orders of TRAI?

    Yes – 30 days limitation apply.
  • 9. Can I approach TDSAT if an MSO or a Broadcaster is not providing me signals?

    Yes. You can. Under ‘Must Provide Clause’–every Broadcaster has to provide its TV signal to MSOs and every MSO has to provide its TV channels to Cable Operators, on non discriminatory terms. Under ‘Must Provide Clause’- every Broadcaster has to provide its TV Channel to Cable Operators, on nondiscriminatory terms.

    If you are a new signal seeker , then you have to apply to MSO/Broadcaster and provide the detail like :

    • Your Registration Certification with the post office under the cable Act ;

    • The Service Area within which you intend to provide services ,expected subscribe numbers etc.

    If you are an existing operator, in addition, specific detail like subscribers base of similarly placed cable operators and local survey are also to be provide.

    Within 60 days the MSO/Broadcaster has to provide signals on mutually agreed terms or refuse, with reason, and in that case, you can approach TDSAT.

  • 10. Can I approach TDSAT if an MSO or broadcaster is threatening disconnection on grounds like under –declaration, non–payment of subscription fee etc?

    Yes. You can. Before Disconnection the MSO/ Broadcaster has to follow the rules like:

    • give a pubic notice in news papers; and

    • give a specific notice to you.

    Notices have to be of 21 days–counted from the date of the letter notice. Similarly, if a Cable Operator wants to stop re-distributing channels of MSO to its subscribers, he is also obliged to follow the same rules.

    But you must remember that if you have defaulted in your payment, then you can't take the benefit of the ‘Must Provide clause’

  •  

  • 11. Can I approach TDSAT if an MSO or a Broadcaster alleges that I am pirating their signals?

    Yes. But only if you are not pirating.

    • You have to operate only in service area mentioned in your agreement.

    • If you wish to operate beyond that area , then you may be holding postal registration for a larger area/new area.

    • Subscription fee has been agreed/fixed on the basis of agreed service area also.

    • So if you wish to serve in larger area, then the subscription fee has to be renegotiated.

  •  

  • 12. Can my MSO / Broadcaster pressurize me to take signal from my competing MSO in the same Services Area?

    In this context, the Supreme Court has opined that: 

    If the MSO –Agent is a Commercial Agent only for collection of subscription fee, data etc, the agency is valid under the regulation; 

    If the MSO-Agent of the Broadcaster itself is the service provider and that the feed is given to the signal seeker through the network of that MSO- agent, the same is violative of regulation.

    In other words, as long as the feed comes directly from the decoders, even though decoders are provided through the MSO- Agent, it is valid in Law.

  •  

  • 13. TRAI Regulation provides that the terms of the contract should be reasonable, but who has to decide the reasonableness of the terms?

    Reasonableness of terms has to be decided by an authorized forum like TDSAT and not by any single party to the Contract.
  • 14. In case of a dispute regarding non –provision of signal, which party should file a petition in TDSAT?

    Operator seeking signal should negotiate with supplier of signals and in case negotiations fail, then the signal seeker has to approach TDSAT.
  • 15. How would TDSAT deal with my petition?

    Proceeding before TDSAT are very simple. CPC is not applicable. TDSAT has ample flexibility to mould its procedures. TDSAT gives reasonable time to both the parties to file their pleadings. TDSAT hears both the Parties patiently. Principle of Natural Justice apply.
  • 16. Can I be penalized, If I violate TDSAT's orders?

    Yes. On willful failure to comply with order of TDSAT, you are liable to pay fine upto one lakh rupees. It increases in case of subsequent / continuing defaults.
  • 17. Is there an appeal against the order of the TDSAT and where?

    Appeal from TDSAT's final orders lie directly to Supreme Court, but only on substantial questions of law.

    • And therefore since in most cases, particularly in Cable and Broadcasting sector, the issues involved are factual in nature so, practically speaking, TDSAT may be your first and the last court.

    • No appeal can be filled against interim orders of TDSAT 

    • My suggestion to Cable and Broadcasting industry is to accept each other's presence and role, keeping in mind recognized historical developments while recognizing the new technologies and scope for provision of services, all in the interest of consumers at large.

  •  

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