TRAI’s new regulatory framework for TV broadcasting sector comes into force

The Telecom Regulatory Authority of India (TRAI) has said that its tariff order, interconnection regulations, and quality of service (QoS) norms for the TV broadcasting sector is coming into force from 3rd 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 has also filed an affidavit today before the Court. The Delhi High Court had directed the authority to inform the court about the outcome in the Madras High Court. It had also asked the TRAI to inform before effectuating the orders.

“Having complied with the judicial mandates in the matter, the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 and the Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017 as upheld by the Hon’ble Madras High Court and the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 come into effect from 3rd July 2018,” the TRAI said in a press release.

It further stated that all the timelines prescribed in the Interconnection Regulation 2017, the QoS Regulation 2017 and the Tariff Order 2017 would commence from 3rd July 2018.

All the service providers are required to comply with all the provisions of the regulations and tariff order afresh.

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.

The authority is of the view that implementation of the new regulatory framework will bring in transparency, enable provisioning of affordable broadcasting and cable TV services for the consumer and at the same time, would lead to an orderly growth of the sector.

The TRAI had notified a regulatory framework for broadcasting and cable TV service provided through addressable systems including the Direct to Home (DTH) Systems, Cable TV Systems provided through Digital Addressable Systems (DAS), Head-end In The Sky (HITS) and Internet Protocol TV (IPTV) on 3rd March 2017.

The draft/notified Interconnection Regulations and the Tariff Order were challenged by Star India and Vijay Television in the High Court of Judicature at Madras. The Supreme Court vide its order dated 8th May 2017 had asked the High Court of Madras to hear out the matters in question on day to day basis and to conclude the same and deliver the judgement, if possible within a period of one month.

Status quo order already passed by the High Court on 23rd December 2016 shall continue to operate till the matter is finally disposed of.

In compliance of the SC order, the implementation of the Interconnection Regulation 2017 and the Tariff Order 2017 was kept suspended since 8th May 2017. Implementation of the QoS Regulation 2017 was also deferred because of its natural linkage with the provisions of the Interconnection Regulation 2017 and the Tariff Order 2017.

In the meantime, the Interconnection Regulation 2017, the QoS Regulation 2017 and the Tariff Order 2017 were challenged before Delhi High Court by Tata Sky and Bharti Telemedia.

The Division Bench of the Madras High Court, vide its order dated 2nd March 2018, took divergent views and a reference was made to the third Hon’ble Judge.

The matter was heard by the third Judge of the High Court of Madras, which culminated in its judgement order dated 23rd May 2018. The High Court of Madras, in general, upheld the validity of The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 and The Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017.