Regulators

Tata Sky vs TRAI: Delhi High Court adjourns matter to 28 January

Post TRAI's extension, the new tariff order comes into effect on 1 February

https://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/tv-images/2019/01/23/TRAI-Story.jpg?itok=wKx3mc_V

MUMBAI: The next instalment of DTH major 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 play out on 28 January. The Delhi High Court, on Wednesday, adjourned the matter as the judge was on leave.

On 15 January, the matter was argued partly by senior lawyer Kapil Sibal on behalf of the direct-to-home operator on Tuesday who focussed on two points of 15 per cent discount cover (or the lack of it) and micromanagement attempt by TRAI of how business should be conducted.

The hearing in the case started at around 2:45 pm and continued till almost 90 minutes during which Sibal argued that with the Madras HC setting aside the 15 per cent discount cap, the main aim of the tariff order had been frustrated and that attempt to micromanage a business, especially moves relating to pricing, etc., some of the provisions of the regulation were not in the interest of the DTH operator, which follows a different cost model compared to MSOs.

The TRAI counsel’s interjection, according to industry sources, was minimal except seeking some technical clarifications relating to issues being argued by the Tata Sky lawyer and the actual content of the writ petition.

Though this essentially means the regulator is unlikely to take any coercive action against the DTH operator and Discovery (that has already published new rates in compliance with the TRAI tariff order) until the next hearing, during the 10 January 2019 hearing of the case the court had verbally observed that Tata Sky could remain non-compliant at its own peril.

At the earlier hearing, Sibal had impressed upon the judges to ask TRAI to produce all documents on how it arrived at the decision to implement the new tariff regime. He had also stated that implementing the present order will have an adverse impact on business.

The TRAI lawyer had countered saying while Tata Sky felt aggrieved, a big DTH operator like Dish TV and all other MSOs seemed satisfied and had complied with the new tariff framework.

The court had then asked the regulator to file the documents and the data that was the basis for arriving at the new tariff regime.

Tata Sky is unlikely to upload its RIO for now, unlike Discovery, which has already published the same on its website, under protest.

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.

While the Delhi HC case outcome could have implications on Tata Sky, Sun Direct, other distribution platform operators (DPOs) continue to be bound by the tariff order and most of them have complied to.

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