TDSAT refuses stay on TRAI's tariff regulation, next hearing on Feb 6

In the latest, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has refused to grant a stay to broadcasters challenging the Telecom Regulatory Authority of India’s (TRAI) tariff regulation concerning pay channels on DD Free Dish. Additionally, the tribunal has given two week's time to the broadcasters to file a new Reference Interconnect Offer (RIO).

It is to be noted that in November, the Supreme Court rejected an appeal challenging the TRAI order and affirmed the Kerala High Court verdict that such matters should be dealt with by telecom tribunal TDSAT.

Prior to that, the Kerala High Court had refused to entertain the plea of IBDF against certain provisions of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 issued by TRAI.

The tariff order mandates free-to-air channels on DD Free Dish, impacting broadcasters’ ability to offer pay channels.

According to the IBDF, the order infringes upon their freedom of speech and expression under the Constitution. It also argues that DD Free Dish cannot be equated with other distribution platform operators (DPOs) as it does not charge consumers a subscription fee.

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.

TDSAT will again hear all the parties on February 6.