he TDSAT (Telecom Disputes Settlement and Appellate Tribunal) has asked the Telecom Regulatory Authority of India (TRAI) and the Broadcast Engineering Consultants India Limited (BECIL) for certain clarifications on the role of a MSO in the matter of maintaining monthly log of the activations of a particular channel.
“BECIL will also clarify its finding on the point as to whether the system was not capable of generating the monthly log of activations on a particular channel or on a particular package or the system was not capable to do so without the matter being referred to its provider, that is to say, its manufacturer or supplier,” said TDAST chairman justice Aftab Alam and member Kuldip Singh, listing the matter for 1 December.
The issue arose in a case of Den Networks against Sun Distribution Services wherein BECIL had carried out an audit of Den and given a report. Den submitted that though the provision of monthly log of the activations on a particular channel or on a particular package is indeed an obligation of the MSO.
The use of the word ‘system provider’ makes it clear that the capability to provide monthly log of the activations on a particular channel or on a particular package should only lie with the manufacturer, vendor or the supplier of the system and the petitioner, which is an MSO, using the system can only obtain it from its vendor or ‘supplier’ of the system.
TDSAT did not accept this submission and said, “Normally, the system in use in the hands of the MSO should itself be capable of providing monthly log of the activations on a particular channel or on the particular package without the matter being referred every time to the vendor, manufacturer or the supplier of the system.”
The comments from TRAI and BECIL should reach the TDSAT within two weeks from the date of receipt of a copy of the order.
