| NEW
DELHI: The Delhi High Court bench hearing the case on the issue of the Telecom
Regulatory Authority of India's (Trai) constitutional standing to be a regulator
today heard arguments by Sony Entertainment Television's counsel, before adjourning
it again to 18 January. The crux of senior counsel
Soli Sorabjee's hour-long argument was around the previously stated position that
broadcasters are not covered under the Telecom regulatory nor cable operator acts.
Hence Trai is not in a position to eithwer fix tariff or issue any other regulations
or orders.
The court had last December
fixed the day for hearing this matter while stating that there would be no impact
of the continued hearing on implementing Cas from the designated date: 31 December,
2006. The petition by Sony is now the main petition being heard by
the court. The earlier petitions by first Star (2005), and then Sony, are all
being heard as part of this main petition. Star had filed the orginal
case in 2005 challenging the constitutional validity of Trai as a regulatory authority
for broadcasters. Since the very locus standi of Trai had been
sought to be shown as unconstitutional by Star, automatically all its powers and
orders were challenged, including the order of tariff freeze. Later, Sony had
filed a seperate petition on the orders of 24 August and 31 August regarding Trai's
constitutional validity, its orders relating to price fixing under Cas regime
at Rs 5 per pay channel, as well as its order on interconnection. Trai
had issued an order saying that signals to a cable operator or MSO could not be
disconnected, whatever be the reason, by a broadcaster unless 21 days prior notice
is issued. On the price fixing at Rs 5, the court had asked Sony
to appeal to TDSAT as that was a quantitative issue. HC at the moment
is only hearing the constitutional issue, which will continue on 24 January. Also
Read:
HC
adjourns Sony case against Trai to 24 Jan | 
