Delhi HC refers ESPN-Tata Sky spat to TDSAT

Earlier this month, Tata Sky had removed the three ESPN channels--ESPN, Star Sports and Star Cricket from its basic offering to its 2 million subscriber and placed it under a sepecial pack. As a result, ESPN had approached Delhi High Court from where it was given a relief after Tata Sky gave its undertaking that it will restore the three ESPN channels in the basic package till the next hearing of TDSAT in July.
 
But today, TataSky, an application seeking withdrawal of its undertaking submitted before the bench to restore ESPN signals in its base pack. TataSky had submitted it would restore to all its subscribers into a pack which includes three channels namely ESPN, Star Sports and Star Cricket as was prevalent on May 20. The court directed the parties to approach the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for an early hearing, where the matter is listed for hearing in July. The tribunal, where the main petition filed by TataSky is pending for adjudication, is opening this week after summer vacation.
 
During the proceedings, counsel appearing for Tata Sky submitted before the court that since ESPN had withdrawn the reference interconnect offer (RIO) and has not filed a fresh one, the DTH operator should be discharged from the contempt proceeding against it and should be allowed to withdraw the undertaking submitted by it.