Regulators

Orders reserved by Madras HC on TRAI jurisdiction case

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NEW DELHI: The Madras High Court today reserved orders on the Star India-Vijay TV challenge to the jurisdiction of the Telecom Regulatory Authority of India to issue tariff orders.

The court received a compliance report from its registry that all parties had filed their written submissions.

Earlier last week, the Authority had said it would file its written submissions only after scrutinizing those of the broadcasters, after which the broadcasters had been directed to serve their submissions to TRAI the same day (27 July) .

Thus submissions have been filed by the petitioners Star India and Vijay TV, respondent TRAI, and intervenors All India Digital Cable Federation (AIDCF) and Videocon d2h.

Arguments on the hearing which commenced late last month had concluded on 19 July and all parties had been asked to file written submissions.

Star India and Vijay TV’s challenge to the jurisdiction of TRAI to issue tariff orders is on the ground that content comes under the Copyright Act.

In the hearing on 19 July 2017, the Court had refused to accept an affidavit by the Indian Broadcasting Foundation  (IBF).

Although the Supreme Court had in early May while staying the tariff order directed the Madras High Court to complete hearing within four weeks, the High Court had commenced hearing only in the last week of June.

Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court. (However, the Tariff order comes into effect only from 2 September 2017.)

Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

The orders can be seen at:

http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20...

http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf

http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03...

Also Read:

Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

TRAI jurisdiction case listed for 31 July to peruse compliance report

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