provision for carriage fee in the Tariff order becomes unworkable
when read with the Interconnect Order, he said. Furthermore,
he said the Tariff order had also forbidden any placement
He said that Trai had mandated that an MSO will have to
make arrangements for 500 channels, and the MSO could only
do this by spending hugely on technology.
There were around 300 FTA channels and, therefore, even
the BST would be different for every consumer, with the
result that different combinations will have to be made.
He also wondered why Trai had not fixed any rate for the
broadcaster to pay as carriage fee, noting that this will
mean that a broadcaster can give the same content at different
rates for MSO, DTH, and IPTV.
The Trai Act was clear that under Section 11(2), the sector
regulator should fix the tariff and not merely give a ceiling
or a revenue sharing formula.
He said clearly there was non application of mind in the
explanatory memorandum to the Tariff Order, and he also
said there was clearly no study or research for fixing the
Kathpalia said there was also fear of monopoly as two broadcasters
had joined together to set up their own cartel distribution
with vertical interest in some MSOs Thus, there was no level
playing field for the MSOs.
will continue tomorrow as Tdsat also has to hear further
arguments on behalf of Digicable and a petition by Delhi
Distribution Company, New Delhi.
Tariff Order not based on any study or rationale: Counsel