38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Bombay HC Asks TRAI If The New Tariffs Could Be Put Off

By LawStreet News Network      28 February, 2020 12:02 PM      0 Comments

The Bombay High Court on Wednesday, 26th February 2020, asked the Telecom Regulatory Authority of India (TRAI)’s counsels Venkatesh Dhond and Vineet Naik to take instructions and inform on Thursday on the issue that whether the new tariff cap of ₹12 per pay channel in a bundle can be delayed or put off while the court hears the appeals which are filed by Producers, Broadcasters and Cable Operators against the new provisions.

A division bench was constituted of Justices Amjad Sayyed and Anuja Prabhudessai which observed that the 2020 regulations and tariff order is to come into play on March 1.

A group of senior counsels appeared on behalf of the petitioners to seek interim relief and suggested that at least till their plea is heard as per the 2017 regime which allowed for price of ₹19 per pay channel in the bouquet may be continued so that the rights of broadcasters and even the other stake holders including distributors be protected.

Even for interim relief, detailed arguments would have to be canvased. Considering the complex issues involved, it may not be possible to hear all the parties and pass orders within two days,” the court said. 

We deem it appropriate to request the Additional Solicitor General and the senior counsel for TRAI to take instructions whether the impugned 2020 Regulations and 2020 Tariff Order can be deferred,” the bench further added.

Several broadcasters including the Indian Broadcasting Foundation (IBF), a representative body comprising of TV channels, The Film and Television Producers Guild of India, Zee Entertainment Ltd and Sony Pictures Network India have appealed before the HC. Earlier in January, another bench had ruled against of putting off the deadline of January 15 given to broadcasters to submit their revised tariff plans to TRAI.

The broadcasters in their petitions said the amended regulations were “arbitrary, unreasonable and violative of their fundamental rights”.

Mukul Rohatgi, the counsel for Star and one of the petitioners said, “TRAI has no jurisdiction over content being provided by broadcasters” and agreed with Janak Dearkadas counsel for show producers said that the TRAI cannot act like it is “Alice in Wonderland” and must observe that even the Kerala HC has this month granted interim relief to several multi-system operators who challenged similar price restrictions imposed on them. He further added that the Supreme Court in December 2018 had observed that there has to be a balancing act between rights of broadcasters as well as consumers. 

Other counsels Ravi Kadam, Navtoz Seervai and Gopal Jain also submitted “essentially that till such time the matter is heard for interim reliefs no coercive action be taken.” 

Dhond said the broadcasters can publish their rate card within 15 days. But Kadam replied, “This will be an offer by the broadcasters. How does he go back (to recover money) if HC strikes down the new regulation eventually?” He and Dwarkadas said, “Challenge is admitted. The court has already taken consideration that matter requires hearing.” 

Rohatgi said it was a question of rights of the broadcasters too and that it is not the right of consumers to free entertainment.

The TRAI, on January 1 2020, applied new tariff rules.

Earlier to this, all the free-to-air channels were there for Rs 130, and the consumers were required to pay more in order to watch additional channels. But under the application of the new tariffs, consumers will now have to pay Rs 130 as Network Capacity Fee charges, but will also be entitled to 200 channels.

The court hence noted that the operation of the earlier Regulations of 2017 had been postponed for one month by the TRAI. The HC posted the matter for further hearing on 27 February 2020. 

 

Author – Devansh Dev



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email