Regulators

Chief Justice of MHC to hear Star India case against TRAI under Copyright Act

http://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public?itok=O0F3fnj4

NEW DELHI: The case by Star India and Vijay TV challenging the jurisdiction of the Telecom Regulatory Authority of India in the matter of tariff orders, which has taken surprising turns with three judges recusing themselves from the hearings, Is now coming up anew for hearing before the Chief Justice Indira Banerjee of the Madras High Court on 24 April.

The All India Digital Cable Federation has filed its intervention in the case which has been filed as a fresh petition by Star India and Vijay TV and it has been numbered WP MP 11131/2017.

The fresh petition became necessary as the matter is being heard afresh by the Chief Justice. Star India SVP ? Legal and Regulatory ? Pulak Bagchi confirmed that while the primary case remained on the grounds of the Copyright Act remained the same, a new petition had been filed because it was coming up before the Chief Justice.  

The case had taken a surprising turn early this month the two judges -- Justice S Nagamuthu and Justice Anita Sumanth -  recused themselves from the case and referred it to the chief justice for being referred to another bench. Another judge -- Justice Govind Rajan -- also recused himself earlier this week.

Though it was not clear, it appeared that the two judges had received a letter which prompted them to withdraw from the case.

The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

Last month, Star India and Vijay TV decided not to press for their pleas for extension of the tariff order following TRAI's announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. The court had fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters over two days commencing last Friday.

Earlier, on 3 March, the regulator had issued three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex court also asked the high court to conclude hearing in 60 days.

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...

Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI?s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

Also Read: 

Star - TRAI copyright case: In dramatic turn, Madras HC judges withdraw

Latest Reads

http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/12/MIB-Broadband.jpg?itok=YfPsTbrr
MIB to hold MSO conference on 18 December

Ministry of Information and Broadcasting (MIB), through Broadcast Engineering Consultants India Ltd (BECIL), is organising a conference of MSOs, the cable TV industry representatives, that will be held on 18 December in New Delhi. The discussions will pertain to several issues related to broadband...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/11/tdsat.jpg?itok=kIf9-v7K
TDSAT gives 30 days to Tata Sky, IndiaCast to sign agreement

Direct to home (DTH) operator Tata Sky and TV18-owned content distributor IndiaCast Media have got another 30 days from the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to enter into a content agreement under the ongoing legal spat between the two regarding a disconnection notice.

Regulators TDSAT
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/10/Sunil-K-Gupta.jpg?itok=or6ypF7L
TRAI secretary Sunil K Gupta explains need for tariff order

After several twists and turns, Telecom Regulatory Authority of India’s (TRAI) new tariff order crossed its last legal hurdle in the Supreme Court on 30 October. Now, with less than one month left for the implementation of the regulations, several questions still concern the industry stakeholders.

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/08/trai.jpg?itok=z2G-2VQA
TRAI extends deadline for comments on OTT consultation paper

India’s telecom and broadcast regulator TRAI released a new consultation paper last month on OTT services seeking to expand the definition of the sector and also the regulator’s jurisdiction over a sector till now “unregulated”. The deadline for receiving comments on the consultation paper has been...

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/08/mib.jpg?itok=Kzf1iXym
MIB proposes to strengthen govt-citizen interface

Months after a country-wide uproar and nudges from the judiciary forced the Indian government to shutter a Big Brother-type initiative involving tracking of Indians’ digital footprints, Ministry of Information and Broadcasting is taking another shot to “understand citizen views expressed publicly...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/08/FDI.jpg?itok=vXiDm30i
MIB mulls national b'cast policy to ease stakeholders' woes

India’s Ministry of Information and Broadcasting is exploring formulating a national broadcast policy or NBP with an aim to ease lengthy and time consuming government processes that media and entertainment industry players have to go through while conducting their businesses.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/07/amit.jpg?itok=1lszKH_5
New DTH policy bonanza for operators likely by year-end

If all goes well, India’s DTH operators may have something to cheer about in the new year.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/07/court.jpg?itok=mgFwLERD
TRAI tariff issue back in Supreme Court

The twists and turns in the case of a new tariff regime being sought to be implemented by broadcast and telecoms regulator TRAI continues. It has filed a petition in the Supreme Court on the issue of 15 per cent cap on discount on a bouquet price of TV channels to consumers that had been set aside...

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/06/mib.jpg?itok=FXyBYG-T
MIB secy Amit Khare advocates self-regulation in media

Making a strong case for self-regulation, Ministry of Information & Broadcasting Secretary Amit Khare today said it was a better regulatory approach for India’s media and entertainment sector.

Regulators I&B Ministry

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories