(4 January 2008 5:00 pm)

NEW DELHI: Now it is broadcaster Sun TV that is seeking reprieve against the Telecom Regulatory Authority of India's (Trai) a la carte tariff order for non-Cas (conditional access system) areas.

Sun TV has, on Friday, approached the Telecom Disputes Settlement Appellate Tribunal (Tdsat) challenging the 4 October regulation on tariff for non-Cas areas and asking for condonation of delay for 45 days.

Admitting the petition, the Tdsat has issued notice to Trai. But this relates specifically to the issue of condonation and not on the regulation itself. A case (No 10-Cof 2007) on regulation is being heard already.

Sun TV was told by Tdsat that the main appeal could not be heard and only the issue of condonation could be taken up.

Zee and Set Discovery had already filed the case challenging the tariff order - which says, inter alia, that broadcasters have to compulsorily offer channel prices à la carte - saying that this would not benefit the subscriber and was impossible to be implemented. Their contention has also been that the tariff order would merely open the doors for the multi-system operators (MSOs) to rip them by hiking carriage fees.

The broadcasters have, under protest, declared their channel prices à la carte only over the last days of December 2007, after the Tdsat repeatedly stressed that the order must be implemented and that Trai would be free to invoking penal measures.

It is in this context that the Sun appeal has been given respite by way of Tdsat wanting Trai to take a position on the condonation for 45 days.

However, this condonation had not been asked for by any other broadcaster in the case being heard and it remains to be seen what position they will take once Trai decides on the issue and responds to the tribunal's notice.

Trai has to respond by 23 January, when the case has been listed.