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Capability to provide channel activation log lies with vendor, DEN tells TDSAT

MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked the Telecom Regulatory Authority of India (TRAI) and Broadcast Engineering Consultants India Ltd (BECIL) to file their replies to multi-system operator (MSO) DEN Networks’ contention that the capability to provide monthly log of the activations on a particular channel or package lies with the system provider.

The tribunal has asked TRAI and BECIL to file their response within two weeks from the date of receipt of the order. The matter has been put up under the same heading on 1 December.

The TDSAT has also asked BECIL to clarify its finding whether the system was not capable of generating monthly log of activation of a particular channel or package, or the system was not capable to do so without the matter being referred to its provider, i.e. its manufacturer or supplier.

DEN raised this contention after BECIL, in pursuance of the tribunal’s direction, found that both the conditional access systems (CAS) installed at the MSO can generate only current activation/deactivation logs. This is in contravention of TRAI regulations that require the CAS to be independently capable of generating logs of all activations and deactivations.

In its detailed report, BECIL has also recorded that both the CAS installed at DEN are not able to generate monthly logs of activations on any particular channel or package. As per TRAI regulations, the CAS provider should be able to provide monthly logs of the activations on a particular channel or on the particular package.

Sun Distribution Services, the respondent in the case, stated that the BECIL findings clearly show that the petitioner’s system does not conform to the requirements mandated by TRAI regulations.

However, DEN contended that the use of the word “system provider” makes it clear that the capability to provide monthly log of the activation of a particular channel or package would lie with the vendor or the supplier of the system, and that the petitioner which is an MSO using the system can only obtain it from its vendor or supplier of the system.

Responding to DEN’s submission, the tribunal observed, “We find it a little difficult to appreciate the submission and normally the system in use in the hands of the MSO should itself be capable of providing monthly log of the activation on a particular channel or on the particular package without the matter being referred every time to the vendor, manufacturer or the vendor or the supplier of the system.”

The tribunal also noted that the stipulation at serial No. 13 of the regulations makes the position clear by using the word ‘system suppliers’.


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