TDSAT orders Asianet to execute RIO deal with Star within seven days

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed multi system operator (MSO) Asianet Satellite Communications to execute a reference interconnect offer (RIO) agreement with broadcaster Star India within seven days.

The arrangement, the tribunal said, will continue till further orders.

The tribunal noted that the Delhi High Court has set aside its interim order dated 18 April and directed it to decide on the arrangement between the parties at the earliest.

Asianet Satellite Communications and Asianet Digital Network had moved Delhi High Court against the TDSAT order directing the company to sign an RIO deal in case they fail to arrive at a negotiated deal within a month.

The tribunal said that it is unable to negotiate an agreement on fixed fee between the parties at this interim stage. Therefore, the only way out for the MSO to avail the signals is by immediately executing an RIO based agreement which shall be subject to final outcome of these petitions.

It also said that the claims made by the MSO can be decided only after a detailed hearing at the final stage.

The agreement between the parties came to end on 31 March. After the expiry of the agreement, Star India moved TDSAT seeking an RIO deal with Asianet.

Asianet Digital Network had filed a petition seeking directions to Star India to renew/execute a fixed sum subscription fees agreement from 1 April on non-discriminatory and reasonable rates in comparison to another MSO Kerala Communicators Cable Ltd (KCCL).

The tribunal stated that it is difficult to hold the terms of RIO to be bad in law till the matter is finally heard on this issue.

It further stated that the terms of RIO offered by a broadcaster can be assailed before the Telecom Regulatory Authority of India (TRAI). However, no complaint is filed with TRAI on this score.

The tribunal also said that issues like parity, equality, and non-discrimination can easily be decided if the terms of RIO offered are under challenge.

“However, when parity with a negotiated agreements between a broadcaster and MSO is claimed by another MSO, a thorough examination of all relevant factors becomes necessary before it can be held that both the MSOs are similarly situated and deserve an identical deal,” the tribunal said in its order,

On Asianet’s contention of having parity with KCCL, the tribunal said that Asianet retransmits signals in four states while KCCL’s signal retransmission is limited to Kerala.

“In a negotiated agreement for fixed fee, the broadcaster is precluded from claiming a higher consideration even if there is a significant growth in the business of the MSO. This issue cannot be held to be in favour of the MSO at the present stage,” the tribunal stated.