Regulators

Madras HC: Arguments to continue in Star-TRAI tariff case on Thursday

NEW DELHI: Arguments will to continue tomorrow on the application by Star India and Vijay TV seeking a stay of the tariff orders issued by the regulator last month and slated to become effective 2 May 2017. It is expected that the arguments will conclude on Thursday and the order announced thereafter on the stay application.

The broadcasters, who have challenged the jurisdiction of the Telecom Regulatory Authority of India in issuing relating to TV content in Madras High Court, had on 28 March decided not to press for stay after the Court was informed by the regulator that it had decided to defer implementation of its tariff orders to 2 May instead of 2 April.

TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court, which had then directed the High Court to conclude the matter within sixty days.

 

The case by the two broadcasters challenging the jurisdiction of the Telecom Regulatory Authority of India on the plea that content fell under Copyright Act and did not come in the regulator’s purview had come up for hearing earlier this week in a bench headed by Madras High Court Chief Justice Indira Banerjee.

Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.

However, the matter was listed for tomorrow after a brief hearing when the Star India counsel commenced speaking as the court had other matters to conclude.

After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

The fresh petition became necessary as the matter is being heard afresh by the Chief Justice and Justice M Sundar. 

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:

Hearing of Star - TRAI case begins before MHC chief justice

Latest Reads

https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2020/06/03/mib.jpg?itok=3F7x48DH
I&B ministry extends deadline to submit comments on draft policy guidelines for uplinking, downlinking

The ministry of information and broadcasting (MIB) has extended the time till 7 June for submitting suggestions or comments on draft policy guidelines for uplinking and downlinking of television channels. MIB published the guidelines on 30 April.

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2020/06/02/trai.jpg?itok=1Q0Bww_-
TRAI invites proposals for empanelment of auditors to carry DAS audit

The Telecom Regulatory Authority of India (TRAI) has invited proposals from audit firms for empanelment in the panel of Auditors to carry out the audit of digital addressable systems.

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2020/05/27/tv.jpg?itok=iaBaXP9T
I&B ministry recommends 5% cap on DTH platform services; TRAI stays firm at 3%

The Telecom Regulatory Authority of India (TRAI) is firm on its position to cap the number of platform services (PS) by DTH platforms to three per cent subject to a maximum of 15 channels.

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2020/05/20/TRAI-Story.jpg?itok=Ak1R7vbx
TRAI extends dates for consultation paper on CAS, SMS for cable services

The Telecom Regulatory Authority of  India  (TRAI)  has extended the time for submission of comments on consultation paper on “Framework for technical compliance of conditional access system (CAS) and subscriber management systems (SMS) for broadcasting & cable services” from stakeholders/...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2020/05/19/rnbb.jpg?itok=8Pg1phbB
Supreme Court refuses transfer of FIRs against Arnab Goswami to CBI

MUMBAI: The Supreme Court on Tuesday refused to transfer to the Central Bureau of Investigation (CBI) the FIRs filed against Republic TV editor-in-chief Arnab Goswami. They are currently being investigation by the Mumbai Police. The apex court also refused to quash the FIR lodged against him in...

Regulators Supreme Court
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2020/05/13/mib.jpg?itok=sGNBqKXd
I&B ministry drafts policy guidelines to improve govt's social media outreach

MUMBAI: The Ministry of Information and Broadcasting (MIB) has come up with policy guidelines for empanelment of social media platforms with Bureau of Outreach and Communication (BOC). The new policy guideline is aimed at improving the social media outreach along with putting in place a policy...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2020/05/05/mib.jpg?itok=b75_UvTJ
MIB asks MSOs to submit affidavit for DD channels carriage

MUMBAI: The ministry of information & broadcasting (MIB) has asked MSOs to submit an affidavit that they will carry the additional channel launched by the pubcaster Doordarshan on their cable TV networks. While MIB notified another TV channel in the list of mandatory channels last year, MSOs...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2020/05/01/mib.jpg?itok=qoT8TQ5_
MIB drafts new policy guidelines for uplinking, downlinking of TV channels

The ministry of Information and broadcasting (MIB) has drafted new policy guidelines for uplinking and downlinking of television channels with the broadcasting technology and the market scenario in the broadcasting industry having gone through a major change in this decade.

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2020/04/28/treai.jpg?itok=rFKAtVk7
TRAI recommends changes in BARC India to improve credibility, transparency of TV ratings

MUMBAI: The Telecom Regulatory Authority of India (TRAI) has come out with its recommendation on television measurement and rating systems review. The regulatory body has advised structural reform in the existing body Broadcast Audience Research Council (BARC) India. It has stated that the changes...

Regulators TRAI

Sign up for our Newsletter

subscribe for latest stories

* indicates required