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TRAI jurisdiction case listed for 31 July to peruse compliance report

NEW DELHI: The Madras High Court has listed for 31 July 2017 the Star India-Vijay TV's challenge to jurisdiction of the Telecom Regulatory Authority of India after the latter said it would file its written submission only after scrutinising those of the broadcasters.

Counsel for both the broadcasters objected to the statement by TRAI Counsel P Wilson refusing to file and serve written submissions.

After hearing all sides, the bench directed the broadcasters to serve their submissions by 5 pm today to TRAI and the interveners All India Digital Cable Federation and Videocon d2h.

It asked TRAI to serve its submissions on the other parties tomorrow. Thereafter, the Court will on Monday take note of the compliance of submission of the written statements from the court registry.

Meanwhile, both interveners filed their submissions in Court today.

Arguments had concluded in the matter on 19 July and the matter had been posted for today for filing of written submissions.

Star India and Vijay TV’s challenge to the jurisdiction of TRAI to issue tariff orders is on the ground that content comes under the Copyright Act.

In the hearing on 19 July 2017, the Court had refused to accept an affidavit by the Indian Broadcasting Foundation..

Although the Supreme Court had in early May while staying the tariff order directed the Madras High Court to complete hearing within four weeks, the High Court had commenced hearing only in the last week of June.

Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court. (However, the Tariff order comes into effect only from 2 September 2017.)

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...

Also Read:

Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

Star India case questioning TRAI jurisdiction over content postponed 

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