| A batch of petitions was filed by a couple of Associations
of Hotels and Restaurants against leading broadcasters in Telecom
Disputes Settlement and Appellate Tribunal. The dispute basically
pertained to the fact whether the hotels and restaurants can be equated
with domestic consumers for the provision of cable TV service and
there were also other connected and consequential issues under adjudication.
The Hon'ble TDSAT while adjudicating on the issues of dispute in its
judgment dated 17th January, 2006 had observed that the Regulator
should also consider whether it is necessary or not to fix the tariff
for commercial purposes in order to bring about greater degree of
clarity and to avoid any conflicts and disputes arising in this regard.
2.TRAI also received a representation from the Federation of Hotel
and
Restaurant Association of India (FHRAI) in which they had interalia
Requested TRAI to fix Tariffs for hotels as per normal procedure
and also to issue a restraining order on the broadcasters stating
that they (broadcasters) may Not charge arbitrary rates fixed for
hotels and restaurants till the regulations are framed by TRAI.
3.The Authority considered the observations made by the Hon'ble
TDSAT and the representation of FHRAI in the context of the judgment
of the Hon'ble Tribunal. The issue of need or otherwise to fix tariff
for commercial purpose and the method and manner of fixing specific
commercial tariff are connected issues And needs a detailed consultation
and examination. The Authority is considering The course of action
on this separately.
4.In the meanwhile keeping in view the observations of Hon'ble
TDSAT and the representation of FHRAI, the Authority has considered
appropriate, in the interim, to extend the protection of ceiling
to the commercial cable subscribers as well. This protection in
respect of Commercial Cable Subscriber will however be available
at the level of the rates prevailing on 1st March 2006. To give
effect to this a Tariff Amendment Order has been issued in which
the words Ordinary Cable Subscriber, Commercial Cable Subscriber
has been defined and the
definition of 'charges' has been amended and a new clause to give
effect to
the relevant date for determining the ceiling in respect of commercial
cable subscriber has been introduced.
5.The proposed amendment is intended to be a short-term measure
and would be reviewed on the basis of detailed examination as indicated
in para 3.
6. The text of the Tariff Amendment Order along with the explanatory
memorandum is available on TRAI's website: www.trai.gov.in
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