Regulators

SC declines to crush TDSAT order that HITS players be treated at par with pan-India MSOs

https://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/regulators-images/2016/02/26/suprem%20court.jpg?itok=3AzXN49R

NEW DELHI: In an order that will not only have far-reaching consequences for broadcasters but may encourage others to take the headend-in-the-sky (HITS) route, the Supreme Court today rejected the challenge to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) view that HITS players should be treated at the same level as pan-India multi-system operators (MSOs). 

The Tribunal had on 7 December last mandated that the reference interconnect order would be the starting point for negotiations between them and the distribution platforms. 

The apex court decided the matter after hearing both sides on the issues raised.

The appeal had been filed by the Indian Broadcasting Foundation (IBF), Star India and Taj TV after a similar appeal had earlier on 22 Januarybeen dismissed in the Delhi High Court as not maintainable on the ground that the broadcaster had an alternative remedy of appealing in the Supreme Court.

The Tribunal had said, "It is difficult to see a HITS operator as different from a pan-India MSO and in our considered view a HITS operator, in regard to the commercial terms for an interconnect arrangement has to be taken at par with a pan-India MSO and must, therefore, receive the same treatment." 

The broadcasters had contended that the Tribunal through its order dated 7 December had completely taken away the freedom of contract. They also contended that the Tribunal had crossed its jurisdiction by passing an order on the TRAI regulation.

The High Court had said that it did not feel the need to examine whether TDSAT had the jurisdiction to direct broadcasters to treat the HITS operator Noida Software Technology Park Ltd (NSTPL) at the same level as pan-India MSOs.

That Court had heard arguments presented by Star India and NSTPL, whose petition had been accepted on 7 December by the Tribunal, which had asked Star India and Taj TV to execute fresh agreements with NSTPL. However, TDSAT had kept the operation of the judgment pending till 31 March this year.

It had said that on past occasions as well similar suggestions were made with the hope of nudging the TRAI to take proactive steps to reduce the scope of disputes arising out of the regulations. “At the same time, the fact that regulatory intervention may be the ideal way forward cannot and should not be an excuse for this Tribunal to shirk the interpretative issues that have come before us. This is particularly so when there appears to be regulatory inertia,” TDSAT had said.

The Tribunal had, on 18 December, impleaded Zee Turner and others in another petition by Star India against NSTPL and asked the broadcasters to produce the agreements between the broadcasters and major MSOs. It opined that some agreements have to be suspended by Star and Taj TV. 

Though the TDSAT petition had been filed by NSTPL, it will also help Hinduja Group’s HITS platform NXT Digital, which entered into the fray last year. 

TDSAT had directed Star and Taj, as well as the other broadcasters who had joined the proceedings as intervenors, to issue fresh RIOs in compliance with the Interconnect Regulations, as explained in the judgment within one month from the date this order becomes operational and effective. It will be then open to NSTPL to execute fresh interconnect agreements with Star and Taj, and with any other broadcasters on the basis of their respective RIOs or on negotiated terms within the limits.

Latest Reads

https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/10/15/mobile.jpg?itok=u3YqD9Hd
DPIIT seeks MIB views on issues regarding 26% FDI in digital media sector

MUMBAI: As the cabinet recently amended the foreign direct investment (FDI) policy allowing 26 per cent overseas investment in digital media with government approval, the Department for Promotion of Industry and Internal Trade (DPIIT) has sought the views of the Ministry of Information and...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/10/11/tab.jpg?itok=kiFijqlq
No current plans to impose regulation on OTT sector: MIB secretary

Ministry of Information and Broadcasting (MIB) secretary Amit Khare said there is a need to rethink regulating over-the-top (OTT) platforms because some sections of the society are voicing concerns on its content. However, Khare also added that the ministry currently does not have any plan to...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/10/10/trai_0.jpg?itok=8Q_UqNnB
TRAI organises international training programme on 'Emerging Trends in Broadcasting' with ITU

MUMBAI: The   Intemational  Telecommunication Union (ITU) and the Telecom Regulatory Authority of India (TRAI) are jointly organizing an Intemational Training Program during 9th -11th October 2019 in New Delhi on "Emerging Trends in Broadcasting".

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/10/10/trai.jpg?itok=15qmYZIl
TRAI mandates DPOs to let subscribers view, modify subscription through TRAI app, portal

The Telecom Regulatory Authority of India (TRAI) has issued the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) (Second Amendment) Regulations, 2019 (6 of 2019). TRAI's prevailing regulations/orders for the television...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/10/04/prakash.jpg?itok=f4Do6DPP
I&B Ministry plans regulations for OTT platforms

MUMBAI: The Information and Broadcasting Ministry (MIB) is contemplating a regulation for OTT platforms on the lines of print and electronic media, according to a news article by the Press Trust of India. Minister Prakash Javadekar, however, said that the government will not be taking any step that...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/10/01/trai.jpg?itok=Qek4njUn
DPOs say broadcasters misusing TRAI tariff order with heavy discounts

Distribution platform operators (DPOs) believe that broadcasters have misused the flexibility available to them to give a discount on the sum of a-la-carte as high as 90 per cent. The operators have shared their views on Telecom Regulatory Authority of India's (TRAI) consultation paper (CP) on ‘...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/09/30/prasar.jpg?itok=rNTEHcRx
Broadcasters want mandatory DD channels to be part of NCF base pack

Prasar Bharati and other private broadcasters want the 25 DD mandatory channels to be part of 100 FTA channels permitted in the Network Capacity Fee of Rs 130. The public broadcaster is of the view that the channels notified by the central government should be made available to subscribers without...

Regulators TRAI
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/09/28/itv_inb.jpg?itok=qmXhvgeI
MIB issues notice to 69 channels to provide technical parameters with EMMC

MUMBAI: Ministry of Information and Broadcasting (MIB) has issued a notice instructing 69 private satellite channels to provide complete set of technical parameters with Electronic  Media Monitoring Centre (EMMC)  of the ministry. While the notice was issues on 25 September, the channels have been...

Regulators I&B Ministry
https://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/09/27/Supreme%20Court.jpg?itok=3Xv1wPox
Supreme Court allows transfer of DTH licence fee petition from Kerala HC

MUMBAI: Moving one step closer to the long-fought battle on licence fees between direct-to-home (DTH) operators and the government of India, the Supreme Court has allowed the transfer of a related case to the apex court from the Kerala High Court.

Regulators Supreme Court

Sign up for our Newsletter

subscribe for latest stories