Dear All,
Sub:
Good News!!
I am pleased to inform you that the Hon. TDSAT has passed a judgment in our petitions No. 111 and 136 of 2011 relating to the question of whether the broadcasters can charge more from the protected commercial consumers (namely Restaurants, Hotels below 3 Star category and below 50 rooms) over & above what is being paid to the local cable operator or paid by domestic consumer.
After a detailed judgment running into 69 pages, the Hon. Tribunal has broadly found as follows:
- Petitioners are not liable to obtain any separate license from the Broadcasters
- Novex is not an authorized distributor of the Broadcasters.
- The broadcasters and Novex could not have taken action against the Petitioners
who are within the protected group under the Tariff Orders?
- Notices issued by Novex are malafide and are liable to be set aside.
- The Broadcasters are not entitled to any commercial charges for alleged acts of piracy by the MCOs/LCOs.
- The Petitions are maintainable and Hotel Associations have locus standi to file the same.
- Subscribers cannot be proceeded against for payment of charges which will be more than the Tariff Orders.
- Broadcasters to notify their authorized distributors within 4 weeks and on such notification, Petitioners to take signals only from authorized Distributors.
- Tribunal has not expressed any opinion regarding Copyright Act but finds that the Petitioners have not violated the provisions of any of the laws forming the Regulating regime and in fact are entitled to protection of the Tariff orders.
- Broadcasters can proceed against Petitioners only when it is fount that they come within the purview of the Explanation to Clause 2 (f) of the Tariff Order i.e. if viewing in the premises of a consumer is allowed on payment of charges.
On these findings, the Petitions have been allowed. The Hon. Tribunal has relied on the evidence of the parties and in particular has considered the cross examination conducted by our lawyers in great details.
I am further happy to inform you that the Hon. Tribunal has imposed Advocates fees at Rs. 50,000 in each of the petitions on the broadcasters namely, ESPN & MSM.
The result of this order:
All Restaurants and Hotels below 3 Star category and below 50 rooms need to take signals from the Local Cable Operators and pay the tariff as fixed by the TRAI. They do not need to take any separate license or pay and amount to the broadcasters and / or their agents.
This landmark judgment may surely pave the way for quashing of all cases filed against our members namely:
Restaurants Hotels – Below 3 Star category & below 50 rooms
In as much as also the said Judgment will also put an end to great inconvenience, harassment caused to all members by Broadcasters and/or their agents especially during World Cup Cricket Match.
This landmark Judgment passed by the Hon’ble TDSAT is attached herewith for your perusal and ready reference.
Thanking you
Yours faithfully,
PRADEEP SHETTY
CHAIRMAN-LEGAL SUB-COMMITTEE
Quantum Designs
