11 May 2019
Not allowing Umbrella Cable to seek signals for the territory of Haryana without agreement, TDSAT holds that party desirous of starting operations in fresh areas is required to apply for a fresh interconnection agreement in the prescribed format
That the Petition titled Umbrella Cable System Pvt Ltd vs. Indiacast Media Distribution Pvt. Ltd was filed under Section 14 read with Section 14A of the Telecom Regulatory Authority of India, 1997 seeking the expansion of the area of operation under the Interconnection Agreement.
The Respondent in this matter confronted the Petitioner with the provision in Chapter IV of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems)Regulations 2017 (Regulations) particularly, Regulation 11(2) “which permits a Multi System Operator (MSO) to distribute the channels beyond the areas agreed by giving a written notice to the Broadcaster which has the effect of adding to the area after 30 days provided such area is within the registered area of operation of the MSO and within the States or Union Territories in which the MSO had been permitted to distribute the signals of television channels under the existing Interconnection Agreement.”
The Respondent further drew the attention of the Hon’ble Bench TDSAT to Regulation 10 and particularly to 10(4) and 10(6) of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems)Regulations 2017 (Regulations) which require a request of signals for a fresh Agreement in the format prescribed under the Schedule 2.
On hearing the submissions Hon’ble Bench pointed out that the petitioner has an existing Interconnection Agreement only for the State of Uttar Pradesh but is desirous of starting operations in Gurugram which is in Haryana, obviously the Petitioner is required to apply for a fresh Interconnection Agreement in the prescribed format and not again rely upon a notice as provided in Regulation 11(2).
The Hon’ble Bench, TDSAT on 09.05.2019 was please to pass following order in favour of the Respondent.
“……..since the petitioner has not submitted application in the prescribed format, learned counsel for the Petitioner prays to withdraw this petition so that Petitioner may make the required application at the earliest. But she only prays that Respondent may consider such an application without further delay because the earlier request without formal Application has remained pending for more than 30 days. The prayer for withdrawal of this petition is allowed. The petition is disposed of as withdrawn. If the petitioner files the required application and gives all the necessary information, the same shall be considered by the respondent in accordance with law and as expeditiously as possible.”
Arguments on behalf of the Respondent were advanced by K&T Law Offices.
The Respondent in this matter confronted the Petitioner with the provision in Chapter IV of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems)Regulations 2017 (Regulations) particularly, Regulation 11(2) “which permits a Multi System Operator (MSO) to distribute the channels beyond the areas agreed by giving a written notice to the Broadcaster which has the effect of adding to the area after 30 days provided such area is within the registered area of operation of the MSO and within the States or Union Territories in which the MSO had been permitted to distribute the signals of television channels under the existing Interconnection Agreement.”
The Respondent further drew the attention of the Hon’ble Bench TDSAT to Regulation 10 and particularly to 10(4) and 10(6) of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems)Regulations 2017 (Regulations) which require a request of signals for a fresh Agreement in the format prescribed under the Schedule 2.
On hearing the submissions Hon’ble Bench pointed out that the petitioner has an existing Interconnection Agreement only for the State of Uttar Pradesh but is desirous of starting operations in Gurugram which is in Haryana, obviously the Petitioner is required to apply for a fresh Interconnection Agreement in the prescribed format and not again rely upon a notice as provided in Regulation 11(2).
The Hon’ble Bench, TDSAT on 09.05.2019 was please to pass following order in favour of the Respondent.
“……..since the petitioner has not submitted application in the prescribed format, learned counsel for the Petitioner prays to withdraw this petition so that Petitioner may make the required application at the earliest. But she only prays that Respondent may consider such an application without further delay because the earlier request without formal Application has remained pending for more than 30 days. The prayer for withdrawal of this petition is allowed. The petition is disposed of as withdrawn. If the petitioner files the required application and gives all the necessary information, the same shall be considered by the respondent in accordance with law and as expeditiously as possible.”
Arguments on behalf of the Respondent were advanced by K&T Law Offices.