Regulators
Report on Shemaroo

Tata Sky seeks to amend its writ petition against TRAI in the tariff order case

It is of the view that the impugned amendments don’t take into account relevant matters

https://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/tv-images/2020/03/12/tatasky.jpg?itok=iiLfcZs8

MUMBAI: The direct-to-home (DTH) platform Tata Sky has sought to amend the writ petition which was filed earlier before the Delhi High Court against the new tariff order introduced by The Telecom Regulatory Authority of India (TRAI). Alongside the ongoing case, Tata Sky seeks to amend the present petition by adding a challenge to the new amendments which was brought by the regulatory body at the beginning of 2020.

Tata Sky has mentioned that following amendments are “arbitrary, irrational, unreasonable, without jurisdiction and seek to be expropriatory”.

The petitioner has submitted that the reduction of Network Capacity Fee (NCF) is irrational and unreasonable as it does not ensure reasonable profit to the DTH platform. According to the petitioner, the TRAI has not carried out any tariff determining exercise before making the amendment regarding NCF.

TRAI has also reduced the chargeability of the NCF in respect of every additional television to only 40 per cent of the original NCF, in a "multi-tv household".  It has also asked to reduce the carriage fee chargeable by a DPO against a new television channel from 20 paisa for Standard Definition (SO) per channel per month for a penetration upto 5 per cent, to a cap of maximum Rs 4 lakh for SD Channels. Such caps are also prescribed for HD Channels.

“Through the capping of the Price of a Pay-Channel which could be put into a bouquet, the Distribution Fees available to the DPO has also been unreasonably and irrationally reduced,” the petitioner submitted.  It also added that the amendment would reduce  the  capability  of  a  DPO  to  form  bouquets  of channels which are priced above Rs 12 by the broadcaster. Moreover, a compulsory free carriage of Doordarshan channels has also been mentioned as unreasonable.

“The Petitioner submits that the Impugned Amendments 2020 reduce the revenue generated by the Petitioner No.1 in such manner that even the basic right of the Petitioner to recover the basic cost of its network has been negated. The Petitioner submits that during the course of the present petition before this Hon'ble Court, the Respondent has failed to prove, establish or even display the advantages of the 2017 Regime,” it says.  

Hence, Tata sky has sought to make additional grounds which may be allowed to be included in the main writ petition. According to the company, the impugned amendments 2020 do not take into account relevant matters and takes into account irrelevant issues like foreign consumers to subscribe television channels on the ala-carte basis by making bouquet of channels expensive. The DTH network is thus being made available to the consumer in such manner that it would not be able to even recover its operational or capital costs.

Latest Reads

https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/03/05/pj.jpg?itok=Q8D1fV35
Rules focus on self-classification, not censorship: Javadekar tells OTTs

Minister of information and broadcasting Prakash Javadekar on Thursday held an interaction with representatives of various OTT platforms including from Disney+ Hotstar, Amazon Prime, Netflix, Jio, Zee5, Viacom18, Shemaroo, Mx Player, ALTBalaji.

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/02/27/sm.jpg?itok=xR7RAGFP
Centre sets 5 mn users as threshold for significant social media intermediaries

The government laid down new rules for social media platforms on Thursday, making a distinction between social media intermediaries and significant social media intermediaries. In a gazette notification, the government has specified five million registered users in India as the threshold for...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/02/26/netflix.jpg?itok=7yV9i0qs
What are the key rules for OTT platforms under new guidelines?

Over the last couple of months, there were numerous speculations about regulation of OTT content in India. After hinting for the last two-three weeks that the Centre is working on the process of framing guidelines for the OTT platforms.

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/02/25/social.jpg?itok=VvXgB5LO
Social media platforms to set up grievance redressal mechanism, says Centre

NEW DELHI: The government on Thursday directed social media platforms and intermediaries to appoint a grievance officer based in India for time-bound redressal of complaints of users.

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/02/25/praksh.jpg?itok=uEKAkICs
Government announces broad framework of OTT regulation

\\ Mumbai: The government today announced how it will regulate OTT and digital publishing. Speaking at a virtual press conference today, minister of information and broadcasting Prakash Javadekar said that the industry will have to follow a three step process to comply with the Centre’s new...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/02/25/trai.jpg?itok=-a_3MY-s
TRAI invites suggestions on encouraging R&D in telecom, broadcasting sectors

The Telecom Regulatory Authority of India (TRAI) has invited suggestions from academia, industry, related institutions, and the general public on encouraging research and development (R&D) in telecom and broadcasting sectors. The suggestions can be submitted till 15 March.

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/02/24/iamai.jpg?itok=s1wc55ne
IAMAI seeks public consultation on draft guidelines for OTT platforms

KOLKATA: While the Centre has indicated multiple times in the last few weeks that it has prepared a draft for governing OTT services, the streaming platform members of Internet and Mobile Association of India (IAMAI) have expressed dismay at the move. The industry has been working collectively to...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/02/22/trai.jpg?itok=CkpZsCtA
TRAI moves Bombay HC requesting early decision on NTO 2.0 case

KOLKATA: It has been more than a year without any clarity on the amended new tariff order (NTO 2.0) as the case is still sub-judice. In this regard, the Telecom Regulatory Authority of India (TRAI) has written to Bombay high court requesting urgent listing of the case, so that a verdict may be...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2021/02/12/balaji.jpg?itok=TaDH5sBs
Balaji Telefilms Q3: Operating profit up, EBITDA loss narrows

Media and content powerhouse Balaji Telefilms reported a 35 per cent surge in operating profit to Rs 105.5 crore for the third quarter ended 31 December 2020. EBITDA loss stood at Rs 24 crore versus Rs 12.4 crore in the preceding quarter.

Regulators I&B Ministry

Sign up for our Newsletter

subscribe for latest stories

* indicates required