TDSAT allows IBF, Airtel Digital TV as interveners in tariff hike rollback case

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The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has allowed the Indian Broadcasting Foundation (IBF) and direct-to-home (DTH) operator Bharti Telemedia (Airtel Digital TV) as interveners in the petition challenging reversal of 27.5% tariff hike by the Telecom Regulatory Authority of India (TRAI).

In the previous hearing, the IBF had filed for impleadment in the matter. It was joined by Airtel Digital TV, which also wished to be impleaded in the matter.

TRAI counsel Kirtiman Singh and Zee Entertainment Enterprises Ltd (ZEEL) counsel U Thakur did not have any objection to their intervention without prejudice to their rights and contentions. TRAI is a respondent while ZEEL is the petitioner in the matter.

The interveners have been directed to file their pleadings within two weeks from 28 November and the other side will reply within two weeks thereafter.

The next date of hearing of the matter has been shifted to 6 January. Earlier, it was listed for 7 December.

TRAI had rolled back the 27.5% tariff hike for non-addressable system after the Supreme Court refused to stay TDSAT’s judgment setting aside the regulator’s decision. It had also asked TRAI to come out with a fresh tariff order while directing distribution platforms not to seek refund from broadcasters until TRAI comes out with a fresh tariff order.

The broadcasters contend that TRAI did not follow the apex court mandate of conducting a fresh tariff exercise before rolling back the tariff hike.

Earlier, the TDSAT had set aside the TRAI order to give inflation-linked tariff hike in two instalments, contending that agreements being entered in digital addressable system (DAS) areas were at rates far lower than the prescribed ceiling of 42% of non-conditional access system (non-CAS) areas.

Meanwhile, the tribunal put up the Broadcasting Appeal No. 2 of 2016, where the broadcasters have challenged the twin conditions proposed by TRAI, for hearing on 7 December.

The ‘twin conditions’ notified by TRAI in December 2015 states that (a) the a-la-carte rate of a pay channel forming part of a bouquet will not exceed two times its RIO rate offered by the broadcaster for addressable systems; and (b) sum of a-la-carte rates of all the channels in the bouquet will not exceed three times the bouquet rate.

TDSAT allows IBF, Airtel Digital TV as interveners in tariff hike rollback case | TelevisionPost.com
 
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