I&B Ministry revokes Bhusawal Cable Network's MSO registration cancellation order

The Ministry of Information and Broadcasting’s appellate authority, after a review of the case, has revoked the cancellation of the MSO registration of Bhusawal Cable Network (BCN).

The Ministry had earlier barred BCN from distribution activities for the period January 24, 2022 to April 3, 2022 i.e. for 70 days. During this period cancellation order dated January 14, 2022 was partly in force and relay of channels by BCN was specifically disallowed by the High Court in its order dated January 24, 2022.

This arrangement continued till the High Court restored matter to Registering Authority to look afresh in its order dated April 4, 2022. Effectively, operation of BCN was suspended for the period of 70 days.

Through an order dated September 9, the I&B Ministry said that, “It is deemed appropriate to consider the period BCN was barred from distribution activities i.e. from January 24, 2022 to April 3, 2022 as sufficient penalty for offences committed by them.”

“In addition to this, BCN is hereby warned for future to ensure compliance to the terms and conditions of its MSO registration and provisions of the Cable Television Networks Regulation Act, 1995 and rules framed thereunder,” the order read.

ln view of the above, the MSO Registration of BCN is accordingly restored with immediate effect, as per the order.

The order, however, went on to add that “it is passed without any prejudice to the action, if any, is being taken or proposed to be taken against the Appellant by the Authorised officer under the Cable Television Networks (Regulation) Act, 1995 or any other person or Authority under any law.”

BCN had filed an appeal against this Ministry's order dated 30.05.2022 cancelling its MSO registration. The appeal was filed as per the order of High Court of Bombay to BCN.

BCN has filed a review appeal before MIB’s appellate authority — in this case, the ministry’s top official Apurva Chandra— against the Ministry’s original order dated 30.05.2022 that had cancelled the MSO’s registration after proper investigations had been carried out on a complaint filed related to signal piracy.

The appellant appeared before the undersigned on August 4, 2022 and availed the personal hearing granted to it. The appellant reiterated the contents of the appeal filed by him at the time of the hearing. He also pleaded that the cancellation of registration for the alleged violations is too harsh.

As per the Ministry, BCN was given Pan-India registration of MSO vide a circular issued on January 27, 2017. However, pursuant to a complaint received in this Ministry against BCN regarding taking feed from DD Free dish and re-transmitting on its network, the Ministry requested the authorised officer (AO) concerned prescribed under the Cable Television Networks (Regulation) Act, 1995 to inquire into the matter and submit his report.

“The AO in his report dated September 20, 2021, to the Ministry stated that feed from DD Free Dish was used by BCN for re-transmission of certain mandatory and private satellite channels. The supporting evidence in the form of Panchanama in the presence of two witnesses and corroborative video recording of the enquiry proceedings were also furnished,” the order copy read.

BCN was found to be retransmitting the mandatory, as well as private Free to Air (FTA), satellite channels namely, DD-0'1, DDKisan, DD Bharati, DD News, DD Sahyadri, DD Lok Sabha, DD Rajya Sabha, DD Rajasthan, Shemaroo, Masti, ABP News, Zee News through DD free dish, a clear violation of provisions of the Copyright Act, 1957, as per the report submitted by the AO.

However, BCN had raised questions over the video recording of AO's investigation and its authenticity and has denied the allegation of retransmitting the aforesaid channels through DD Free Dish to its subscriber.

On the BCN challenge, MIB noted, “The issue of piracy has been examined by the Registering Authority in detail in its order dated May 30 2022. The documentary evidence in the form of ‘panchnama’ of the enquiry proceeding and corroborative video recordings established that BCN took a feed from DD Free Dish of the mandatory Free to-Air channels and re-transmitted the same on its network.”

“The documentary evidence in the form of panchnama of the enquiry proceeding and corroborative video recordings established that BCN took feed from DD Free Dish of the mandatory Free-to-Air channels and retransmitted the same on its network. The logo of BCN superimposed upon the logo of DD Free Dish of mandatory and certain pay channels shown on the network of BCN also supported the allegation that feed was taken from DD Free Dish,” it added.

The Ministry, however, said that the period for which the MSO was barred from distribution activities is sufficient penalty for offences committed by them. In addition, it has also warned BCN to ensure compliance to the terms and conditions of its MSO registration and provisions of the Cable Television Networks Regulation Act, 1995 and rules in the future.

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