The Colombo District Court yesterday issued an enjoining order restraining the Telecommunications Regulatory Commission until January 9, from preventing Ruhunu 2001 Multivision (Pvt) Ltd using any of the 18 frequencies that it is using presently.
District Judge Aruna C. Ranasinghe issued the enjoining order following the petitioner Ruhunu Multivision (Pvt) Ltd filing a case against the TRC valuing the case at Rs. 500 million.
The petitioner stated that it was functioning a Television Network under the name of Comet Cable which included world famous channels Star TV, Star Plus, Star Sports, ESPN, HBO and National Geographic.
The petitioner stated that it received a letter by the TRC dated December 17, 2004 that requested them to quit using five of their channels since the International Telecommunication Organisation had recommended the 2.4 GHz frequency band for WiFi and data usage. It also promised to give alternative frequencies instead.
The petitioner further stated that the TRC informed them through a letter dated June 30, 2007 to transfer to Digital technology from Analogue technology that they were using since the Analogue technology was not efficient. Although the petitioner mentioned the need for alternative frequencies the respondent did not take proper steps.
The Petitioner also stated that changing the technology from Analogue to the Digital was costly and although they changed the technology TRC did not have the right to prevent petitioner from using its frequencies without giving them alternative frequencies.
Petitioner pleaded the Court to issue a declaration preventing the TRC had no right to prevent the Ruhunu 2001 Multivision (Pvt) Ltd using any of its 18 frequencies from 2.3 GHz to 2.6 GHz without procuring them alternative frequencies.
Sandasen Marasinghe
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