Regulators

TDSAT: Ad cap saga continues on Day 2

http://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/regulators-images/2013/12/19/30_0.jpg?itok=fpfF9y5n

MUMBAI: The hearings on TRAI?s proposed 12 minute ad cap regulation by the Telecom Disputes Settlement Appellate Tribunal (TDSAT) that began yesterday look unlikely to get over in a hurry. For the past two days it is the News Broadcasters Association (NBA) which has been presenting its case to the tribunal. Today, the NBA counsel raised the point that the TRAI had not fulfilled the laying requirements to the parliament as per section 37 of the TRAI Act which says that ?the Regulations made by the TRAI have to be placed before the Parliament to seek its approval. Thus, there can be no dispute that the regulations framed by the TRAI have the force of law having been made through the process of subordinate legislation provided they are consistent with the Act and Rules.?

Any law infringing the fundamental rights of the people needs to be laid before the parliament after which it can be either annulled or amended or approved by the parliament, says a counsel. A senior broadcaster who has been following the case closely says, ?If anything is a law then it has to be passed by the legislature.?

Therefore, the NBA said that TRAI is crossing its line by enforcing the ad cap and prosecuting channels that aren?t following it. TDSAT Justice Aftab Alam wanted to know from TRAI if they had laid it before parliament as it?s an issue that should have been dealt in the preliminary stages itself to which TRAI did not have a substantial reply.

In yesterday?s hearing, one of the points put forth by the NBA counsel was section 2(G) of The Cable Act of 1995 according to which advertisements are a part of content. At this, TDSAT wondered how a broadcaster can come under this act. Counsel for NBA today validated the position under this act by stating that permission for uplinking falls under the Cable Act bringing broadcasters under this Act. It also says that channels adhere to the programme code.

Since the Cable Act comes under the jurisdiction of the Information and Broadcasting (I & B) ministry, broadcasters fall under the purview of the I & B ministry and not TRAI.

NBA also contended yesterday that TRAI does not have the authority to regulate content and its powers are restricted only to licensing and quality of service while content regulation falls under the ambit of the I & B ministry. Neither the TRAI Act nor the Indian Telegraph Act, under which TRAI works, gives the regulator the powers to deal with content.

The case will continue tomorrow post noon when NBA will put forth more points in front of the TDSAT.

Read here for yesterday?s hearing:

TDSAT hearing on ad cap to continue tomorrow

Latest Reads

http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/10/13/logo.jpg?itok=aKEOIe39
TDSAT asks SPN, Tata Sky to reach an agreement in 4 weeks

The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has heard the case on the recent commercial dispute between Sony Pictures Networks India (SPN) and Tata Sky on a failed negotiation. TDSAT heard the case on 11 October and advised the parties to take four weeks to try and reach a mutually...

Regulators TDSAT
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/10/11/Madras-HC02-Story.jpg?itok=b6BwmcHX
Star India vs TRAI: Arguments conclude, SC likely to deliver verdict after Dussehra

Arguments in case relating to TRAI and Star India ended today in the Supreme Court.

Regulators Supreme Court
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/10/06/5G_services.jpg?itok=b4H_5MhJ
DoT to inquire TRAI about 28 GHz band for 5G service

The Department of Telecommunications (DoT) is planning to initiate talks for new bands to support 5G services in the country. The DoT will soon start discussing with the telecom regulator TRAI for 28GHz band for 5G commercial deployments. As per Economic Times, the DoT will also analyse pricing...

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/09/27/TRAI-Story.jpg?itok=m81JA4fM
TRAI to be renamed as DCRAI

The Telecom Regulatory Authority of India’s name has been rechristened. From now, it will be called as the Digital Communications Regulatory Authority of India (DCRAI).

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/09/19/sc.jpg?itok=-d4fsH80
TRAI vs. Star India case: next SC hearing on September 25

The Supreme Court has deferred the hearing of Star India’s petition against TRAI tariff and inter-connect order to 25 September 2018.

Regulators Supreme Court
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/09/13/Madras-HC02-Story.jpg?itok=e_lfwNMV
Trai vs. Star case: next SC hearing on Sept. 18

The Supreme Court has deferred the hearing of Star India’s petition against TRAI tariff and inter-connect order to 18 September 2018

Regulators Supreme Court
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/09/13/CVR_Health.jpg?itok=2RFG9MlX
MIB orders CVR Health to go off air for code violation

A health channel named CVR Health had telecast a show named ‘healthy nights’ in 2016 that was considered unsuitable for the television audience for which it was asked to go off air for three days with effect from 8-11 September 2018.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/09/12/sc.jpg?itok=IgJUhuu8
SC adjourns Star India's petition on TRAI tariff order to 13 September

The Supreme Court has deferred the hearing of Star India’s petition against TRAI tariff and inter-connect order to 13 September 2018.

Regulators Supreme Court
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/09/11/Madras-HC02-Story.jpg?itok=ijdHmof2
SC adjourns Star India's petition on TRAI tariff order to 12 September

The Supreme Court has deferred the hearing of Star India’s petition against TRAI tariff and inter-connect order to 12 September 2018.

Regulators TRAI

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories