Regulators

Tariff orders in case of DTH operators set aside by TDSAT

http://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/regulators-images/2014/10/09/trai.jpg?itok=4pxEgn-g

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has set aside the tariff orders drawn up by the Telecom Regulatory Authority of India (TRAI) in the case of direct-to-home operators.

The judgment follows two separate petitions filed by Dish TV and Bharat Business Channel, in which TDSAT chairman Aftab Alam and member Kuldip Singh clarified that it will be open to TRAI to issue a fresh tariff order after taking into consideration the inputs provided by the appellants and addressing the issues raised by them.

The Tariff Order had been issued by TRAI on 27 May 2013 under the Telecom Regulatory Authority of India Act 1997 read with notification of 9 January 2004.



 

The petitioners have alleged that TRAI has no jurisdiction to fix the tariff for the supply of set top boxes (STBs) and there is basis for arriving at the price of STBs. Furthermore, it was alleged that even if TRAI had such powers to fix the tariff or rental for STBs, it has not been exercised lawfully, reasonably and in a non-arbitrary manner and after considering the relevant matters which are required to be considered in price fixation.



 

Clause 4 of the impugned Tariff Order prescribes tariff for supply and installation of customer premises equipment.



 

The stand of TRAI is that the operators are offering the services in a bundled form and can spread its costs on the bundled services which include the programming service. TRAI said ?In view of this fact, the expenditure side of the hardware (CPE) cannot be seen in isolation of the pricing of the bundled service which includes programming service.?



 

The Tribunal said there was an apparent contradiction in this stand and the main objective of the tariff order which is commercial interoperability. In other words, if a subscriber is not satisfied with the service of an operator or wants to change the operator due to any reason, it is not stuck with the cost of the CPE, it can return the CPE and get its security back at any time.



 

?In our opinion, one way to address this issue can be to permit the DTH operators to supply recovered/refurbished CPE under the standard tariff order and the subscribers may not insist on new CPE if they want this tariff. However, we may clarify that this is just one example and the respondent is free to address the various issues as it may deem fit. Though all these issues have been raised by the appellants, in our view the same have not been satisfactorily addressed TRAI.?



 

In view of the above, we find that some elements of cost have not been taken into account and issues raised by the appellants have not been fully addressed by TRAI.

Latest Reads

http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/12/TRAI-Story.jpg?itok=P16l-_NQ
TRAI releases paper on OTT expanding its definition

India’s telecom and broadcast regulator TRAI today released another consultation paper on OTT services seeking to expand the definition of the sector and also the regulator’s jurisdiction over a sector hitherto “unregulated”.

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/09/mib_0.jpg?itok=4TdkBXLo
MIB extends feedback deadline date on mandatory sports feed sharing norms

Ministry of Information and Broadcasting (MIB) has extended the deadline to give feedback on the draft sports broadcasting signals (Mandatory Sharing with Prasar Bharti) (Amendment) Bill, 2018 till 31 December 2018.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/09/mib.jpg?itok=0MbRLtLR
MIB gives permission to two new channels - Khalsa and Nireekshana TV

The Ministry of Information and Broadcasting (MIB) after being lenient for couple of months in awarding channel licenses, is back to being strict. In the month of October, two new channels received licenses while none saw their licenses cancelled as on 31 October 2018.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/09/trr.jpg?itok=_x2jgTGm
TRAI, telco chiefs to meet in December over OTT regulation

The Telecom Regulatory Authority of India (TRAI) is scheduled to meet top executives of telcos in the month of December.

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/10/31/sc.jpg?itok=AkHVHmXl
SC upholds TRAI Act over Copyright Act in tariff order case

The two-judge bench of the apex court with Justices Rohinton Fali Nariman and Navin Sinha dismissed the Star India’s appeal against Telecom Regulatory Authority of India’s (TRAI) recent tariff order. The principal area of the argument by the broadcaster was that the pricing of the content cannot be...

Regulators Supreme Court
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/10/31/Trai800.jpg?itok=P_Ll03H3
AIDCF welcomes Supreme Court judgement which upholds TRAI jurisdiction

In the matter of the new Tariff Order and Interconnection Regulations as notified by TRAI in March 2017, the Supreme Court has today upheld the jurisdiction of TRAI to frame the above mentioned regulations.

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/10/30/trai.jpg?itok=05UgkJtj
TRAI wins tariff order case in Supreme Court

The Telecom Regulatory Authority of India has come on tops in the long running battle between it and broadcaster, cable, DTH operators on whether it has pricing of content comes under its purview. The Supreme Court has finally given the long-awaiting verdict on Star India versus Telecom Regulatory...

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/10/19/I%26B.jpg?itok=swj9cao5
MIB proposes to change mandatory sports feed sharing norms

In what could have far reaching effects on the financial viability of sports TV channels or streaming platforms, which acquire exlcusive rights for sporting events for the India region spending billions of dollars.

Regulators I&B Ministry
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

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories