Arasu to pay 50% of the Rs 277.5 crore owed to Sony: TDSAT

To avert signal disconnection by the broadcaster, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has ordered Tamil Nadu Arasu Cable TV Corporation (TACTV) to pay 50 percent of total outstanding dues of Rs 277.51 crore to Sony Pictures Networks India (SPNI). Arasu will have to pay Sony 50% of the total within two months.

The parties are in disagreement about Arasu's non-disclosure of bouquet packets. After conducting an audit of Arasu's addressable systems, Sony discovered the non-disclosure. Sony then issued a demand for Rs 277.5 crore from Arasu, threatening to turn off the MSO's signals if the demand was not met.

The audit study, according to Sony, reveals the different channels, including seven unreported DPO packages, as well as data and quantities of members not provided by Arasu in its subscriber reports. 

The tribunal noted that the auditor agrees with Sony's position, and that there is no good evidence on record at this time to hold even prima facie that the auditor's report contains mistakes on that issue.

Arasu the explanaon/defence said that the concerned three channels namely Sony Max HD - 4025, Sony PIX HD – 4027 and Ten 1 HD – 4010 do not belong to Sony group HD channels but to the private local channels of TACTV channel, does not merit acceptance for more than one reasons. Technologically these channels of Sony group can be uplinked only by the broadcaster and downlinked by a DPO like the respondent. Such facility or the legal authority to uplink or downlink does not vest in a local cable operator providing local channels. Further, no agreements to show lease or transfer of proprietorship etc. from Sony group to any local channel has been brought on record to substanate such an unusual defence.

The tribunal directed in its interim order "In view of such findings and considering the chance and probability of success of the peoner or the respondent, this Tribunal is inclined to follow some of its earlier orders in similar circumstances whereby broadcaster’s demand of similar nature was directed to be met by the concerned MSO/DPO but only to the extent of 50%. Similar arrangement would be just and proper in this case also, hence the respondent is directed to pay 50% of the total demand of Rs. 277,51,90,451/- as contained in the demand noce dated 3.3.2021 (Annexure P - 26 colly). If 50% of the amount indicated above is paid within two months from today, the peoner shall not issue disconnecon noce without seeking leave of the Tribunal."

 

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