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Prejudice caused to broadcaster by TV channel’s placement has to be established: TDSAT
NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has rejected the demand by Sun Distribution Services for placement of three Malayalam channels on numbers of their choice on Asianet Satellite Communications Ltd.
Sun wanted restoration of its three channels – Surya, Kiran TV and Surya Music – to their original placements at 107, 144 and 146 respectively. It was said that after the hiatus of a few days when these were off air due to technical glitches (according to Asianet) the three channels are now being shown at LCN 648, 664 and 668.
TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said no case is made out for any direction to the respondent to restore the LCN placements of the petitioner’s three channels by way of an interim order.
While accepting the terms in the interconnect agreement that the subscriber operator would ensure that no subscribed channel would be disadvantaged or otherwise treated less favourably with respect to the competing channels on a genre basis, the Tribunal said no case had been made out in support of this.
Whether or not the change in placement has caused any disadvantage or amounts to inferior treatment with respect to competing channels on a genre basis is a pure question of fact, which can be gone into only after evidences are led by the two sides, the Tribunal said while posting the matter before the Registrar’s court on 17 March for getting the pleadings completed, framing of issues and taking evidences.
Sun had initially filed the petition agitating the grievance that Asianet had discontinued the supply of its signals on its network without any notice and in violation of the Regulations. The petition was filed on 14 January but when it came up before the Tribunal the next day, it was stated that the broadcast of channels was resumed on the respondent’s network but their placements were changed causing much prejudice to the petitioner.
Noticing this grievance of the broadcaster, the petition was adjourned to enable the counsel for Asianet to get proper instructions in the matter.
Thereafter Sun filed an affidavit on 28 January and its reply was filed by Asianet the next day.
Sun Counsel Abhishek Malhotra strongly contended that the Asianet action in changing the placements of the channels was in violation of the Regulations and the terms of the agreements.
Asianet counsel Navin Chawla submitted that there was no violation of any Regulations or the terms of agreement in shifting the positions of the three channels and the respondent was fully entitled to place the channels as and where it suited its interests.
The two sides have been in interconnect relationship for the past several years. In the past, the agreements between the two sides were based on mutual negotiations and the petitioner’s three channels were consistently placed at LCN 107 (Surya), 144 (Kiran TV) and 146 (Surya Music). The parties executed a fresh agreement on 31 December, 2015 to take effect from 1 January, 2016 covering Kerala that came under the Digital Addressable System (DAS) regime in Phase-III.
The present agreement, unlike the previous agreements, is based on the Sun’S RIO. It is well known that a distributor accepts the RIO based agreement only as a measure of last resort.
Malhotra submitted that the three channels belong to “GEC (Malayalam)”, “Movies (Malayalam)” and “Music (Malayalam)” genres respectively and Asianet was legally obliged to put them in the genres to which each of them belonged. He further submitted that at LCN 107, 144 and 146, the three channels were rightly placed in their respective genres but at LCN 648, 664 and 668, those channels are placed among channels, which do not belong to their respective genres.
However, Chawla said the three channels, which were earlier in Malayalam Package-I were now in Malayalam Package-II among all the Malayalam language channels and the only grouse of Sun was that they had been assigned distant numbers.
The Tribunal, which saw the earlier and present groupings found that in the present grouping, the number of GEC channels in its neighbourhood had become relatively fewer. Chawla sought to justify the change by stating that it was open to the Asianet to make language based groupings rather than content based groupings and all the three channels of Sun continued to be in the Malayalam group.
Malhotra drew attention to Regulation 5[14(A)], [14(B)] and [14(C)] of the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (First Amendment) Regulations 2012. The Regulations said, “The multi system operator will place the channels of a broadcaster in the genre declared by such broadcaster and no broadcaster shall demand from the multi-system operator to assign a particular number of its channels.”
Thus, the Tribunal noted that while prima facie Sun was right, the fact remained that there was nothing to show that Sun made the declaration regarding the genres of the three channels to the distributor at the time of execution of the agreement.
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.
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.
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.
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.
