The sum and substance of the Tata Sky’s appeal is that the TRAI tariff order and regulation violate Article 19 (1)(G) of the constitution which allows citizens “to practice any profession, or to carry on any occupation, trade or business”.
It has also been argued that the new regulatory framework treats un-equals as equals by prescribing the same monthly rentals and discounts for DTH operators and multi system operators (MSOs).
Tata Sky is also against the regulation of carriage fee and must carry clause. The new regime will seriously impede their right to do mutually negotiated agreement, the DTH operator has argued.