TDSAT sets aside TRAI’sDTH tariff order for CPE

[Thakur]

MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has set aside the Telecom Regulatory Authority of India’s (TRAI) tariff order prescribing standard tariff package (STP) for consumer premises equipment (CPE) for direct-to-home (DTH) services.

While setting aside the tariff order, the tribunal made it clear that it will be open to the TRAI to issue a fresh tariff order after taking into consideration the inputs provided by the appellants and addressing the issues raised by them.

DTH operators Dish TV and Videocon d2h had challenged the Telecommunication (Broadcasting and Cable) Services (6th) (The Direct-to- Home Services) Tariff Order, 2013 (No 2 of 2013) dated 27 May 2013 issued by TRAI.As per the tariff order, DTH service providers can offer CPE for a rent of Rs 71.75 per month if the security deposit is Rs 500 and Rs 65.50 if the security deposit is Rs 1,000.

The appellants contended that TRAI has no jurisdiction to fix the tariff for the supply of STBs and even if it had such powers to fix the tariff or rental for STBs, it hasnot been exercised lawfully, reasonably and in a non-arbitrary manner and after considering the relevant matters which are required to be considered in price fixation.

They further argued that no basis has been given for arriving at the price of STBs and issues raised by them have not been addressed.
read more at : http://www.televisionpost.com/trai-tdsat/tdsat-sets-aside-trais-dth-tariff-order-for-cpe/

 

[Thakur]

NEW DELHI:The Telecom Disputes
Settlement and Appellate Tribunal
(TDSAT) has set aside the tariff
orders drawn up by the Telecom
Regulatory Authority of India(TRAI) in the case of direct-to-home
operators.

The judgment follows two separate petitions filed by Dish TV and Bharat Business Channel,in which TDSAT chairman Aftab Alam and
member Kuldip Singh clarified that it will be open to TRAI to issue a fresh tariff order after taking into consideration the inputs provided
by the appellants and addressing the issues raised by them.

The Tariff Order had been issued by TRAI on 27 May 2013 under the Telecom Regulatory Authority of India Act 1997 read with notification of 9 January 2004.

The petitioners have alleged that TRAI has no jurisdiction to fix the tariff for the supply of set top boxes (STBs) and there is basis for
arriving at the price of STBs.

Furthermore, it was alleged that even if TRAI had such powers
to fix the tariff or rental for STBs, it has not been exercised lawfully, reasonably and in a non-arbitrary manner and after considering
the relevant matters which are required to be considered in price fixation.

Clause 4 of the impugned Tariff Order prescribes tariff for supply and installation of customer premises equipment.

http://www.indiantelevision.com/regulators/trai/tariff-orders-in-case-of-dth-operators-set-aside-by-tdsat-141009