Supreme Court of India
Star India (P) Ltd. vs Sea Tv Network Ltd. And Anr. on 2 March, 2006
Equivalent citations: (2006)4COMPLJ369(SC), (2006)4SCC130(2), AIRONLINE 2006 SC 557
Bench: Arijit Pasayat, Tarun Chatterjee
ORDER
One of the issues raised by learned counsel for the appellant is that cable operators and MSOs. do not give a complete and accurate list of ultimate subscribers and their area of operation. The respondent - SEA TV Network Ltd. submitted that it would be in the interest of all concerned to have the details of subscribers of the cable operators correctly identified, provided that such identification is done uniformly and in a non-discriminatory manner. It was submitted that in the prevalent circumstances, the only manner in which the same can be achieved is through the deployment of an addressable system which can commonly known an the Conditional Access System (in short `the C.A.S.'), which would identify the number of subscribers accessing a particular channel. The CAS permits the subscriber to also exercise his choice to have only those pay channels which he chooses to watch.
Keeping in view the nature of the controversy and its likely impact on the broadcasting/TV industry as a whole, we are of the view that it would be necessary to give adequate opportunity to all concerned stake holders to file their submissions. For this purpose, an appropriate advertisement shall be published by the TRAI in two leading newspapers as well as on its own website informing the Associations of Cable Operators, MSOs. and subscribers of the next date of hearing in this case, which is fixed to 02.05.2006.
It has been brought to our notice that relying on the impugned orders dated 24.08.2005 and 17.01.2006 of the TDSAT, various petitions are being filed and are pending, seeking similar orders. We feel that it would be appropriate for the TDSAT not to pass any final orders in these matters pending further orders of this Court. However, the present arrangement worked out between the appellant - STAR INDIA PVT. LTD. and respondent No. 1 - SEA TV NETWORK LTD. shall continue to be operative in terms of the order dated 01.02.2006.
It is brought to our notice that the TDSAT is also hearing the question as to the directions which can be given to the Associations of Cable Operators and MSOs for disclosing particulars of their subscribers. Pendency of these matters before this Court shall not stand on the way of TDSAT hearing those cases and in fact it would be of assistance to have the views of TDSAT before this Court when the matters are next taken up. Further, pendency of these matters shall not stand on the way of the Central Government if it so chooses, to implement the CAS or of the TRAI in devising any system to identify and arrive at the correct number of subscribers of each distributor of TV channels.
It is made clear that that if the matter is not disposed of in the meanwhile by the TDSAT, the pendency of that matter shall not be a ground for seeking adjournment in the present appeals.