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The Supreme Court has declined to stay the order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) setting aside the amendments in two tariff orders, which had sought to put an inflation-linked hike of 27.5 per cent on addressable and non-addressable systems.
While listing the appeal for hearing on 1 July, Justice V. Gopala Gowda and Justice C. Nagappan said it would only consider the matter if matters of law were involved.
Earlier, counsel for the Indian Broadcasting Foundation (IBF) and some broadcasters sought stay on the ground of wholesale price index. They also sought to argue that there was consultation prior to issuance of the Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order, 2014’ and ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order, 2014’ and these were not strictly tariff orders.
However, counsel Vivek Sarin and Aman Lekhi for Home Cable Network, the Centre for Transforming India, Lucknow 9 Cable Network, Good Media News India Pvt Ltd, Sikkim Digital Network and Cable Combine Communication Siliguri said that the wholesale price index could not be applied in this case as WPI was applicable to labourers wages or products that were linked to agriculture since the WPI was fixed on the basis of prices of agricultural products
TDSAT chairman Aftab Alam and member Kuldip Singh said in their order dated 28 April that the ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order, 2014’ and ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order, 2014’] were ‘untenable.’
The Tribunal also said it thought the Telecom Regulatory Authority of India (TRAI) “will be well advised to have a fresh look at the various tariff orders in a holistic manner and come out with a comprehensive tariff order in supersession of all the earlier tariff orders.”
http://www.indiantelevision.com/regulators/supreme-court/supreme-court-declines-to-stay-tdsat-order-cancelling-inflation-linked-hike-150516
While listing the appeal for hearing on 1 July, Justice V. Gopala Gowda and Justice C. Nagappan said it would only consider the matter if matters of law were involved.
Earlier, counsel for the Indian Broadcasting Foundation (IBF) and some broadcasters sought stay on the ground of wholesale price index. They also sought to argue that there was consultation prior to issuance of the Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order, 2014’ and ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order, 2014’ and these were not strictly tariff orders.
However, counsel Vivek Sarin and Aman Lekhi for Home Cable Network, the Centre for Transforming India, Lucknow 9 Cable Network, Good Media News India Pvt Ltd, Sikkim Digital Network and Cable Combine Communication Siliguri said that the wholesale price index could not be applied in this case as WPI was applicable to labourers wages or products that were linked to agriculture since the WPI was fixed on the basis of prices of agricultural products
TDSAT chairman Aftab Alam and member Kuldip Singh said in their order dated 28 April that the ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Eleventh Amendment) Order, 2014’ and ‘The Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Thirteenth Amendment) Order, 2014’] were ‘untenable.’
The Tribunal also said it thought the Telecom Regulatory Authority of India (TRAI) “will be well advised to have a fresh look at the various tariff orders in a holistic manner and come out with a comprehensive tariff order in supersession of all the earlier tariff orders.”
http://www.indiantelevision.com/regulators/supreme-court/supreme-court-declines-to-stay-tdsat-order-cancelling-inflation-linked-hike-150516
