CBN SAT clandestine

COLOMBO: The sealing of the private satellite television station, CBN SAT by the CID was a sequel to a two month long investigation where several details had surfaced pointing to the operation of an illegal transmission service by CBN SAT.

The CID on Tuesday armed with a search warrant raided the premises of CBN SAT. at No. 83, George de Silva Mawatha, Colombo 13. The search revealed that although CBN SAT. had a Vendor Licence, no licence was available issued by the authorities to operate Satellite Video Up-Linking services to transmit Direct to Home (DTH) TV programmes.

The CID which sought the Attorney General's advice in this regard was told that the private satellite station had violated section 17 (1) of the Telecommunication Act No. 25 of 1991.

Investigations revealed that CBN SAT was using a licence issued to a sister company Sonic Network (Pvt). Ltd. for the specific purpose of operating an External Gateway for International Telecommunication (EGO) to operate a Satellite Video Up-linking service.

The licence to Sonic Network was issued by then Minister of Mass Communications Imitiaz Bakeer Markar on February 28, 2003 for the purpose of operating an EGO under the provisions of the Sri Lanka Telecommunications Act for a period of 10 years.

The licence permits the use of any type of technology but not a Satellite Video Up-linking service.

The functions of an EGO is only limited to telecommunication operations and not Video-Satellite operations. Hence there is no legal validity and legality in the agreement between Sonic Net-work (Pvt.) Ltd. and CBN SAT to operate a Satellite Video Up-linking Service under the existing licence.

Investigations further reveal that Sonic Net-work (Pvt) Ltd. and CBN SAT. (Pvt) Ltd. entered into a Service Agreement on April 1, 2005 to jointly operate international services specified on the licence issued to Sonic Net-work Ltd. namely to operate an EGO.

During the CID investigations it also transpired that the agreement CBN SAT has entered into with Sonic Network Technologies only grants the right to provide International Services specified on the license to transmit data.

Further inquiries revealed that CBN SAT promotes Direct to Home (DHT) TV programmes in Sri Lanka and they supply and fix small aperture satellite earth Station(VSTA) to consumers for a fee.

The VSTA supplied by CBN SAT is only compatible to receive programmes down-linked by PANAM

satellite and does not have the capacity to uplink or send messages. According to the CID it appears that CBN SAT had obtained local TV programmes from the TV operators in Sri Lanka and decoded same and transmitted through Sonic Net to PANAM satellite.

This process is an operation of a telecommunication system.

Evidence point to the fact that CBN SAT has made use of the EGO licence obtained by Sonic NET to uplink TV programmes consisting of audio and visuals.

On the other hand Sonic Net-work had entered into an agreement to provide international services to CBN SAT but in terms of clause 8 of the EGO licence the former Company (Sonic Net) should notify the Telecommunication Regulatory Commission (TRC) about the said agreement.

However, without complying with this requirement they have continued to operate, which is a violation that could be termed illegal besides being a gross violation of Clause 8 of the said agreement.

CBN SAT customers receive TV programmes using VSAT as a result of the uplink by Sonic Net. This operation encompasses sending of messages to a satellite in orbit and retransmitting to Sri Lanka.

Hence the joint action by CBN SAT and SONIC Net-work to uplink live, presents and exercise leading to a telecommunication service.

The CID based on its findings has come to the conclusion that the Telecommunications Regulatory Authority of Sri Lanka (TRCSL) should take necessary steps against Sonic Net for breach of EGO licence conditions, and CBN SAT for committing an offense in contravention of Section 28 of the Sri Lanka Rupavahini Corporation Act No. 6 of 1982 warranting institution of criminal proceedings against CBN SAT and Sonic Net by the SLRC.