Tata Sky to file fresh application against TRAI’s implementation of new regulatory framework from 3 July

Direct to home (DTH) operator Tata Sky is most likely to file an application against Telecom Regulatory Authority of India’s (TRAI) press release dated 3 July informing about the implementation of tariff order, interconnection regulations, and quality of service (QoS) norms.

The DTH operator had earlier filed a contempt petition against the TRAI’s press release. However, the petition was withdrawn as the Delhi High Court said that there is no case of contempt.

The DTH operator withdrew the petition saying it will file a separate application against the TRAI press release. The High Court granted it the liberty to do so.

It is pertinent to note that Tata Sky and Bharti Telemedia (Airtel Digital TV) have challenged the QoS norms of the new regulatory framework prescribed by the TRAI. That matter is listed for hearing on 19 July.

The TRAI had on Tuesday issued a press release stating that the tariff order, interconnection regulations, and QoS norms for the TV broadcasting sector are coming into effect from 3 July.

The authority said it has complied with the judicial mandates as the Madras High Court has upheld the tariff order and the interconnection regulations.

In compliance with the Delhi High Court, the authority said it filed an affidavit before the Court on 3 July.

The High Court had directed the authority to inform the court about the outcome in the Madras High Court and before effectuating the orders.

The authority has also directed the TV broadcasting industry to adhere to the timelines prescribed in the Interconnection Regulation 2017, the QoS Regulation 2017 and the Tariff Order 2017 would commence from 3 July 2018.

As per the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017, the broadcasters have to declare the MRP and nature of channels within 60 days; distribution platform operators (DPOs) have to declare network capacity fee and distribution retail price (DRP) within 180 days and reporting by broadcasters within 120 days.

The Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017 mandates publication of Reference Interconnect Offer (RIO) by Broadcasters within 60 days; Publication of Reference Interconnect Offer (RIO) by DPOs within 60 days and signing of the interconnection agreements within 150 days.

Under the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017, subscribers have to migrate to the new framework within 180 days, the establishment of customer care centre, website, consumer care channel and publication of manual of practice within 120 days.