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NEW DELHI: Telecom Disputes Settlement and Appellate Tribunal (Tdsat) has directed sportscaster ESPN to restore within a week the supply of its channels to Sree Devi Media Systems, the Andhra Pradesh-based MSO which has recently been acquired by Digicable Network.

Tdsat has also ordered ESPN to continue providing its channels for a period of five months, the time set for a negotiated settlement.

Multi-system operator Sree Devi Media will have to pay at Rs 60 per month per subscriber for 7000 subscribers from 5 July till 28 December 2007 - the period when the sports channels were available. For the five months after reconnection of signals, the payout will be at the same rate.

The counsel for Sree Devi Media (petitioner) submitted that a service contract was signed between the MSO and ESPN on 15 November 2006 which was valid for a period of one year. Under the agreement, Sree Devi Media would have to pay a monthly subscription amount of Rs 252,940 (inclusive of service tax) on a negotiated subscriber base of approximately 7000 subscribers. However, ESPN increased its subscription amount unilaterally to Rs 420,000 (excluding taxes) from November, 2007 onwards.

Further, Sree Devi Media protested against a letter sent by ESPN in November 2007, alleging non-signing of agreement and default in payment of subscription fee. Sree Devi was also claiming 50,000 as the subscriber base.

The counsel for ESPN said that Sree Devi Media had taken over two large cable networks - Excel Enterprises and Excel Media Private Limited.

ESPN’s counsel contested that according to the original agreement (dated 15 November, 2006), ESPN was supposed to provide signals for a bouquet comprising ESPN and Star Sports. Also on the basis of a Service Contract Requisition Form (SCRF) executed by Sree Devi Media on 5 July, 2007 wherein it had agreed to pay Rs 60 per subscriber per month (excluding taxes) on the basis of 7000 subscriber from the first week of July, 2007, the third channel Star Cricket was also provided to Sree Devi Media.

ESPN’s counsel further argued that in May and June 2007, Sree Devi Media had specifically agreed to pay a sum of Rs 400, 000 (including service tax). Sree Devi Media was liable to pay not only its dues, but also that of Excel Enterprises and Excel Media Private Limited.

When contacted, both Sree Devi Media and ESPN declined to comment.

Source : http://www.indiantelevision.com/headline...nov171.php
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