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Broadcaster or distributor has to give reasons for differential rates for different MSOs: Naveen Chawla

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NEW DELHI: While stressing that negotiated settlements had also been provided for in the regulations other than an agreement under the Reference Interconnect Order (RIO), two multi system operators (MSOs) apart from Hathway Cable & Datacom contended today that Star had failed to give reasons for having different rates for them as compared to Den or Siticable.

 

Naveen Chawla, counsel for MSO Bhaskar, which operates in Jabalpur and Scoda which operates in Navi Mumbai and Mumbai, said his contention was for a reasonable and non-discriminatory rates and he was not challenging the concept of RIO.

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He said according to Clauses 3(1) and 3(2) of the Telecommunications (Broadcasting and Cable) Interconnection (Digital Addressable System) Regulations 2012 were clear that any agreement has to be reasonable and non-discriminatory and all MSOs will be treated equally.  In fact, the provision 3(2) clearly indicated that an RIO that is discriminatory and unreasonable is not acceptable.

 

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‘Reasonable’ can mean the rate provided by law or the rate that is negotiated with a client in keeping with market forces.  Thus, RIO itself has to be reasonable and in relation to market conditions, Chawla said in the ongoing hearing before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in the cases linked to Star signals for Turner and Zee TV.

 

A RIO may be a la carte or bouquet, but has to be linked to the subscriber, he said. He also said it was the responsibility of the broadcaster and not the MSO under Clause 3(3) to provide RIO agreements or to give reasons within 60 days for any demands.

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Clause 4 was clear that it was the broadcaster who had to submit the RIO or agreement to the authorities and also publish it on its website.

 

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Stressing that his main contention was that the RIO agreement given to him by Star was unreasonable and discriminatory, he said TDSAT had in 2006 held that there should be parity in the rates charged and broadcasters have to give reasons in case the rates are different.

 

Meanwhile, Chawla quoted from a judgment of TDSAT of August 2005 in which the Tribunal had said that an MSO cannot be an agent of the broadcaster and thus not a competitor to other MSOs, and this view had been upheld by the Supreme Court in 2007. He quoted other judgments to say that broadcasters cannot create exclusivity or monopoly of particular MSOs as that would be discriminatory.

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He said the only way to judge whether an agreement was not discriminatory or unreasonable was to go by the previous judgment between the parties.

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Awards

Hamdard honours changemakers at Abdul Hameed awards

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NEW DELHI: Hamdard Laboratories gathered a cross-section of India’s achievers in New Delhi on Friday, handing out the Hakeem Abdul Hameed Excellence Awards to figures who have left their mark across healthcare, education, sport, public service and the arts.

The ceremony, attended by minister of state for defence Sanjay Seth and senior officials from the ministry of Ayush, celebrated individuals whose work blends professional success with a sense of public purpose. It was as much a roll call of achievement as it was a reminder that influence is not measured only in profits or podiums, but in people reached and lives improved.

Among the headline awardees was Alakh Pandey, founder and chief executive of PhysicsWallah, recognised for turning affordable digital learning into a mass movement. On the sporting front, Arjuna Awardee and kabaddi player Sakshi Puniya was honoured for her contribution to the game and for pushing women’s participation onto bigger stages.

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The cultural spotlight fell on veteran lyricist and poet Santosh Anand, whose songs have echoed across generations of Hindi cinema. At 97, Anand accepted the honour with characteristic humility, reflecting on a life shaped by perseverance and hope.

Healthcare honours spanned both modern and traditional systems. Manoj N. Nesari was recognised for strengthening Ayurveda’s place in national and global health frameworks. Padma shri Mohammed Abdul Waheed was honoured for his research-backed work in Unani medicine, while padma shri Mohsin Wali received recognition for his long-standing contribution to patient-centred care.

Education and social development also featured prominently. Padma shri Zahir Ishaq Kazi was honoured for decades of work in education, while former Meghalaya superintendent of Police T. C. Chacko was recognised for public service. Goonj founder Anshu Gupta received an award for his dignity-centred rural development initiatives, and the Hunar Shakti Foundation was honoured for empowering women and young girls through skill development.

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The Lifetime Achievement Award went to former IAS officer Shailaja Chandra for her long career in public healthcare and governance, particularly in the traditional systems under Ayush.

Speaking at the event, Hamdard chairman Abdul Majeed said the awards were a tribute to those who combine excellence with empathy. “These awardees reflect Hakeem Sahib’s belief that healthcare, education and public service must ultimately serve humanity,” he said.

Minister Seth struck a forward-looking note, saying India’s young population gives the country a unique opportunity to become a global destination for learning, health and wellness by 2047.

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The ceremony also featured the trailer launch of Unani Ki Kahaani, an upcoming documentary starring actor Jim Sarbh, set to premiere on Discovery on 11 February.

Instituted in memory of Unani scholar and educationist Hakeem Abdul Hameed, the awards have grown into a national platform that celebrates those building a more inclusive and resilient India. For one evening at least, the spotlight was not just on success, but on service with substance.

 

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