Broadcasters may move TDSAT against TRAI regulation after Kerala HC dismisses the plea

After its petition was dismissed by the Kerala High Court, the broadcasters' body Indian Broadcasting and Digital Foundation (IBDF) is reportedly to move to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

IBDF has challenged the Telecom Regulatory Authority of India’s (TRAI) regulation which mandates broadcasters to provide channels on DD Free Dish for free to private distribution platform operators (DPOs), according to media reports.

For their part, they have argued that DD Free Dish can't be equated with other DPOs as it doesn't charge subscription from its consumers; meanwhile, private DPOs collect subscription charges from their subscribers.

On July 8, TRAI notified amendments to the Regulatory Framework for Broadcasting and Cable Services. It then introduced a condition that pay channels that are available on DD Free Dish must be made available to private DPOs on a free-to-air (FTA) basis.

IBDF has argued that the TRAI's onerous conditions will lead to a drop in the reach of channels given broadcasters will either have to pull out their channels from DD Free Dish or make them FTA to other DPOs and be outside the pay channel bouquets.

However, on October 7, the Kerala High Court dismissed the broadcasters' petition as 'not maintainable' and added that 'TDSAT is the appropriate forum' for the same. Although the detailed order copy is awaited, the broadcasters are now likely to approach TDSAT, claimed media reports.