Breaking IBF Moves SC Against Bombay HC Verdict on NTO 2.0

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There must b some diff context to 15% discount else what will b use of DPO packs. 15% discount might b applicable on combined discount of bouquets in addition to 33 percent given by broadcasters or 15% discount might apply to combined standalone chs in DPO bouquet

Yes you are right, DPO Pack can include Broadcaster packs

Clause 4(4) provides, inter alia, the following additional restrictions:

(a) No DPO bouquet can contain the pay channel whose MRP is more than Rs.12/-(just as for broadcasters, this was reduced from Rs.19/-by the 2020 Tariff Order Amendment).

(b) The DRP of DPO bouquet cannot be less than 85% of the sum of all its components viz. à-la-carte channels or broadcaster bouquets. This is a far more stringent requirement than 33.33% in the case of broadcasters.

This means that there is 15% cap on discount, which DPO can offer. Thus, 15% cap comes into play only after the direct “trickle down” effect of the twin condition has done it job
 
O R D E R

The Court is convened through Video Conferencing.
Heard learned Senior counsel appearing for the petitioners,
Mr. Tushar Mehta, learned Solicitor General appearing for the Union
of India and Mr. Rakesh Dwivedi, learned Senior counsel appearing
for the Telecom Regulatory Authority of India.
Exemptions are allowed.
Issue notice returnable on 7th September, 2021.
Mr. Tushar Mehta, learned Solicitor General appearing for the
Union of India and Mr. Rakesh Dwivedi, learned Senior counsel
appearing for the Telecom Regulatory Authority of India accept and
waive formal notice on behalf of the said respondents.
So far as the prayer for grant of interim relief is concerned,
taking into consideration the rival submissions made by the learned
Senior counsel appearing for the parties, we are not inclined to
grant the same at this stage.
The respondents are directed to file their respective counter
affidavits in the matters well before the next date of hearing. The
petitioners are also permitted to file reply to the counter
affidavits, if any, well in advance, and both the parties are
directed to file the counter affidavits & rejoinder affidavits in a
convenience volume.
List the matters on 7th September, 2021 to consider the
question of granting interim relief in the matters.
(VISHAL ANAND) (R.S. NARAYANAN)
ASTT. REGISTRARcumPS COURT MASTER (NSH)
 
Any reasons for why smaller broadcasters like Discovery, Times etc. for not publishing their RIOs?
They are also not happy with NTO 2. Their bouquets are highly discounted and that's the reason their bouquets are subscribed by many. Their a la carte channel prices are still high. They are afraid that they might have to either reduce a la carte price or increase bouquet price. Both will impact them negatively.
 
Forget about compliance till SC comes out with a final order.

A senior member at Indian Broadcasting Foundation (IBF) concurred. “So far, we have not yet discussed the matter with the broadcasters, however, we won’t be filing RIO’s as yet,” the member said.

Source:
 
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