IBF, broadcasters drag I&B min to court over DAS rollout issue

The Indian Broadcasting Foundation (IBF) along with Star and Zee channels have dragged the information and broadcasting (I&B) ministry to court over their decision to postpone the roll out of Digital Addressable System (DAS) in the four metros in four months.

In its petition before the Delhi High Court, IBF, the apex body of private broadcasters along with other petitioners, has questioned the powers of the central government to postpone DAS rollout and push it to November 1. Delhi High Court has issued notices to the stakeholders like MSO Alliance and the broadcast regulator for filing replies. The matter will come up for hearing on August 6 now.

In its petition, IBF has challenged the legality, validity, jurisdiction and propriety of the June 21 notification issued by the I&B ministry which amended the earlier notification issued in November 2011 mandating digitisation.

?It is submitted that the I&B ministry has amended the notification dated 11.11.2011 through notification issued on 21.6.2012 without power, authority and jurisdiction, thereby, changing the date for the implementation of digitisation, for the first phase from June 30, 2012, to October 30, 2012…the notification suffers from lack of rationality and objectivity. It also constitutes an unreasonable, unfair, arbitrary and colourable exercise of power which is not available under the provisions of the Cable Television Network (Regulation) Act, 1995 as amended up to date,? the petitioner is said to have told the court.

When asked, a senior government official said that the I&B ministry is empowered under Section 4A of the Cable Television Act, 1995. ?In public interest, it can notify and implement the digitisation policy as it deems fit. All stakeholders were repeatedly consulted, the seeding of digital boxes were monitored and views from everyone were noted in writing before the decision was taken for extension of DAS deadline,? the official said.

As reporter earlier, the I&B ministry had pushed the June 30 deadline for the digitisation of cable services in the metros by four months after the industry reported poor seeding of digital set-top-boxes. Also, the central government had received written requests from the state governments of Tamil Nadu and Maharashtra urging for postponement of DAS due to lack of readiness. DAS makes it mandatory for consumers to obtain a digital STB in order to access cable television channels. DAS notification of November 2011 makes the viewing of cable channels without STBs illegal and punishable offence.