TDSAT grants relief to ABN Andhra Jyothi, TV5 News against disconnection by APSFL

Telugu news channels ABN Andhra Jyothi and TV5 News have got relief from Telecom Disputes Settlement and Appellate Tribunal (TDSAT) against the discontinuation of the channels by multi system operators (MSOs) and Andhra Pradesh State Fibernet Limited (APSFL).

Shreya Broadcasting, which owns TV5 News, had filed petitions against Master Channel Community Network, Bhimavaram Community Network, Machilipatnam Communication, Acn Cable Network, Act Digital Home Entertainment, Siti Siri Digital Network, and Sreedevi Digital System apart from APSFL for discontinuation of channels.

Aamoda Broadcasting Company, the owner of ABN Andhra Jyothi, filed the petition only against APSFL.

The tribunal had directed the MSOs to restore TV5 News within 24 hours while APSFL was granted two days time to do the same. Similarly, APSFL has been directed to restore ABN Andhra Jyothi on its platform within two days from 24th September.

ABN Andhra Jyothi has allegedly been deactivated by APSFL and is off the air since 9th September. The DTH operator has raised a strong grievance that disconnection was without complying with Clause 17 of the Interconnection Regulations, 2017 which requires a notice of 21 days prior to any disconnection.

From the submissions made on behalf of the news channels, the tribunal noted that its stand is almost similar to that TV5 News in which the latter had a similar grievance.

In the facts of the case, the tribunal reiterated that order in substance and accordingly directed the APSFL to take all the necessary steps on an emergent basis to restore the channel of the petitioner on-air as it existed, within two days from today.

If this is not complied, then APSFL will have to immediately explain the reasons as to why it could be not be done by filing an affidavit to that effect which shall be considered as soon as it is filed.

The matter has been posted under the same head on 15th October. It will be open for APSFL to file reply/short reply in the meantime. Time for filing rejoinder, if required, shall be considered on the next date.

On 18th September, ABN Andhra Jyothy was directed to restore TV5 News on-air as it existed earlier within two days. TV5 News was deactivated and went off the air on 10th September.

The grievance of the TV5 News was that this was done without complying with Clause 17 of the Interconnection Regulations, 2017 which requires a mandatory notice period of 21 days prior to any disconnection. The notice is meant not only for the broadcasters but also for the consumers of the channels.

The learned senior counsel for APSFL submitted that no notice was given or could be given in this case because the disconnection of the channel is not by voluntary act of the respondent but on account of some technical defect in its system leading to disconnection of altogether four channels in total including one belonging to the petitioner.

On instructions, learned senior counsel further submitted that the defect in the system of APSFL is ordinarily addressed through Annual Maintenance Contract (AMC) but in the present case some parts have gone defective and, therefore, it is beyond the terms of the AMC. These parts require to be imported and, therefore, the defects can be rectified only after parts have been obtained and this will take about 10 days’ further time.

Learned counsel for the TV5 News submitted that even after the channel went off the air, it had not received any notice of the defect in the APSFL’s system so far. In reply, the stand of APSFL is that verbal communication has been made to the affected four parties.