DishTV moves TDSAT against ESPN

Direct-to-Home operator Dish TV has approached broadcast tribunal TDSAT seeking a direction to broadcaster ESPN to give signals of its sports channels in accordance with the reference interconnect offer (RIO) as mandated by the regulator TRAI.

RIO is a document that specifies commercial terms for DTH operators to get signals from broadcasters as per norms laid down by the Telecom Regulatory Authority of India (TRAI).

A TDSAT bench headed by Chairman Justice S B Sinha has issued notice to ESPN Software, the holding company of ESPN for distribution and marketing channels.

The tribunal would decide on September 28, 2011, Dish TV’s interim prayer for a direction to ESPN.

Dish TV has requested the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to direct ESPN to sign an agreement with the DTH operator on the basis of tariff recommended in RIO.

Dish TV and ESPN had entered into an agreement for three channels ESPN, Star Sports and Star Cricket in March 12, 2009, but it was not based on RIO.

According to Dish TV, ESPN refused to sign a new agreement to provide signals on the basis of RIO and was attempting to force it to pay on the basis of earlier MoU.

Counsel for the ESPN rejected the allegations of Dish TV and said that the RIO was not applicable as the agreement between the two was before the RIO regime.

ESPN further contended that the Supreme Court, which had on April 18, 2011, fixed the price of a channel for a DTH operators at 42 per cent of the cable rates, was not applicable on Dish TV as it has an old agreement.