Bombay HC reserves order in MCOF versus TRAI matter

The Bombay High Court has reserved its order in Maharashtra Cable Operator Foundation (MCOF) versus Telecom Regulatory Authority of India (TRAI) matter. The hearing in the matter concluded Thursday.

MCOF and Digital Cable Operators Association of Mumbai (DCOAM) had moved Bombay High Court challenging the TRAI’s decision to put a cap on the network capacity fee (NCF) in the new tariff order (NTO) 2.0.

The MCOF/DCOAM has prayed for setting aside the NCF cap of Rs 160 per month and the capping of discount for second and additional TV connections contending that both these decisions are arbitrary. The federation had moved Bombay High Court on 21st February.

Earlier, DPOs had to provide 100 SD channels for an NCF of Rs 130 with the option of taking additional channels in each slab of 25 channels at a maximum price of Rs 20 per slab.

In addition, the TRAI had decided that channels declared mandatory by the Ministry of Information and Broadcasting (MIB) will not be counted in the number of channels in the NCF.

On the issue of huge charges taken by DPOs in the form of NCF for a multi-TV home, the TRAI had decided that in case of multi-TV home where more than one TV connection is working in a home in the name of one person, will charge maximum 40% of declared NCF for second and additional TV connections.

The authority has also permitted DPOs to offer discounts on long term subscriptions which is for six months or more.

The Bombay High Court had earlier reserved its order in the broadcasters versus TRAI matter. The broadcasters have challenged the NTO 2.0 and have prayed for setting aside amendments like bringing down price cap to Rs 12, removing discounts on bouquets, and the imposition of twin conditions on bouquet pricing.

As per the amended the regulatory framework notified on 1st January, the TRAI has mandated provision of 200 channels in maximum NCF of Rs. 160 excluding taxes per month. The distribution platform operators (DPOs) have also been mandated that they will not charge more than Rs. 160 per month for giving all channels available on their platform.

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