TDSAT passes judgment in favour of Dish TV

14 Apr 2012 Evaluate

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has passed the judgment in favor of Dish TV case against ESPN Software India (ESS) on movement of fixed fee agreement to RIO based agreement.

Earlier, Dish TV was availing the channels ESPN, Star Sports and Star Cricket from the Broadcaster - ESPN Software India on fixed fee basis. The said fixed fee agreement was valid up to June 2012. However, with the reduction of quality content in these channels and the rights available to Dish TV as a DTH Operator under the Interconnect Regulations of TRAI, Dish TV intimated ESS in the month of July 2011 that it would be distributing the channels of ESS on RIO basis with effect from September 01, 2011 and accordingly ESS should raise the invoices on Dish TV on the basis of its RIO rates, with effect from September 01, 2011.

However, the said movement of Dish TV from fixed fee agreement to a RIO based agreement was not accepted by ESS. Upon ESS rejecting the contention of Dish TV, the latter approached the TDSAT in the month of September 2011 requesting the TDSAT to direct ESS to raise the Invoices on Dish TV from September 01, 2011 on the basis of RIO rates. Besides, during the pendency of the matter, Dish TV continued to make the payment to ESS on the basis of fixed fee agreement.

Dish TV is India’s largest direct-to-home company and part of the biggest media conglomerate - Zee Group. Dish TV has on its platform 330+ channels and services including 21 audio channels with 12.5 million subscribers.

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