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TDSAT frames issues in Siti Cable–Positiv TV case

MUMBAI: The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has completed pleadings in Siti Cable versus Positiv Television case and framed issues in the matter.

Siti Cable counsel said that he would be filing an application seeking orders of the tribunal for amendment of the pleadings.

After going through the pleadings and hearing the counsels for the parties, following issues were framed:

  • Whether there is an obligation (‘must carry’) on the part of the respondent to carry the channel of the petitioner
  • If the answer to issue No 1 is in the affirmative, whether the petitioner has made out a case for the must-carry provision of its channel
  • Whether there is a capacity restraint in the respondent’s platform
  • Whether the petitioner is entitled to seek carriage of its channel on the network of the respondent despite the capacity restraint
  • Whether the petitioner is entitled to seek carriage of its channel on the network of the respondent in derogation of the business plan of the respondent
  • Whether the petitioner’s channel is unpopular and low on TAM ratings
  • Whether the refusal by the respondent to carry the channel of the petitioner on its network amounts to unreasonable denial and, therefore, violative of Regulation 3 (10) of the Telecommunication (Broadcasting & Cable Services ) Interconnection (Digital Addressable Cable Television Systems) Regulation, 2012 No. 9 of 2012
  • Whether the refusal by the respondent to carry the channel of the petitioner on its network is discriminatory
  • Whether the refusal by the respondent to carry the channel of the petitioner on its network is against the interest of the consumers
  • Whether the refusal by the respondent to carry the channel of the petitioner on its network has resulted in the denial of a level playing field and is thus violative of the petitioner’s fundamental rights under Article 14, 19 (1) (g) and 21 of the Constitution of India

 

The counsels for the parties stated that they would be adducing evidence in this matter.

The tribunal directed Positive Television to file its evidence by way of affidavit within two weeks. Siti Cable has to file its evidence by way of affidavit in two weeks thereafter.

The matter has been listed for cross-examination of witness of the two sides on 26 November.