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Tata Sky vs TRAI: No interim order as Delhi High Court adjourns case to 4 February

On Tuesday, Calcutta High Court stayed the cable switchover till 18 February

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MUMBAI: The next chapter of direct-to-home operator Tata Sky’s ongoing legal tussle with the TRAI and its new tariff regime, in which Bharti Telemedia-owned Airtel Digital TV and Sun Direct are a part, will unfold on 4 February after the Delhi High Court adjourned the matter without passing an interim order.

With arguments being inconclusive on Wednesday, the Tata Sky counsel will continue to argue when the next hearing commences.

On Tuesday, Calcutta High Court stayed the cable switchover till 18 February. The court’s directive was a result of 80 cable operators from the city filing a petition against the TRAI mandate.

The petitioners’ lawyer Debabrata Saha Roy argued that the revenue-sharing model under the new regime will significantly reduce the cable operators’ share to just nine per cent. With 80% will go into the broadcasters’ kitty, MSOs stand to get just 11 per cent, thus making it an unsustainable business proposition for operators.

Earlier the regulator had offered an extension till 31 January to the distribution platform operators (DPOs) for implementation. 

On Thursday, the Harit Nagpal-led company finally unveiled the new pricing of channels and packs after it was served a show-cause notice by the TRAI.

TRAI's show-cause notice said, "Tata Sky has failed to provide options to its 17.7 million subscribers in compliance with the new framework to exercise their choices for TV channels. Tata Sky has put its subscribers in a situation of great difficulty despite no fault of theirs by not complying with the provisions of the new regulations and the tariff order.”

Despite the delay in announcing channel prices, Tata Sky MD and CEO Nagpal is confident that his team can complete the tricky task of implementing the new norms within a relatively short span of time.

“Tata Sky has always been compliant to regulatory requirements. We have gone live with our modes of communication across the Tata Sky website, Tata Sky mobile app and also equipped the dealers that subscribers can reach out to. We were confident that we would be able to complete the task in 1 week’s time. hence we used this time to create a seamless and smooth transition for all our subscribers. We have ensured that choosing channels and packs is as easy as 1, 2, 3 for any subscriber,” the veteran executive said.

In a press release issued by the TRAI on Thursday, it had singled out one DTH operator for not providing options to its subscribers to exercise their choices. The press note also mentioned that the said DTH operator had assured in writing that it would comply with the new regulatory framework.

In 2017, Bharti Telemedia, Tata Sky and Discovery Communication India had filed petitions against TRAI, challenging its tariff order and the interconnect regulations.

Unlike the position adopted by Star India wherein it questioned the regulatory powers of TRAI, the matter in the Delhi HC questions the regulator’s power to wipe out deals that operators enter into to fix commissions and rates for customers.

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