TRAI’s Regulatory framework for Broadcasting and Cable TV sector

New Delhi: The Telecom Regulatory Authority of India notified a regulatory framework for broadcasting and cable TV service provided through addressable systems, which include the Direct to Home (DTH Systems, Cable TV Systems provided through Digital Addressable Systems (DAS), Head—end In The Sky (HITS) and Internet Protocol TV (IPTV). The regulatory framework comprises of the following:

• The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable SystemsJ Tariff Order, 2017 dated 3rd March 2017, as mended on 30th March 2017 [the Tariff Order 2017];

• The Telecommunication         (Broadcasting        and    Cable)                   Services Interconnection  (Addressable             Systems)       Regulations,          2017  dated 3rd March 2017 [the  Interconnection   Regulation 2017];

• The Telecommunication (Broadcasting and Cable Services Standards of Quality of Service and Consumer Protection (Addressable Systems Regulations, 2017 dated 3rd March 2017 [the QoS Regulation 2017].

1. It is pertinent to mention that the draft/notified Interconnection Regulations and the Tariff Order were t£+e subject matter of a challenge in two writ petitions [W.P. Nos. 4t 126 and t4127 of 2016] in the High Court of Judicature at Madras. The Hon He Supreme Court in SLP No. 14336 of 2017 vide its order dated 8* May 2017, inter alia, observed as under:

‘the High Court of Madras to Our out the matters in question on day to day  basis  arid to conclude  the  some  and  deliver  the  judgment,  if possible within a period  of one month    Status  quo order already passed  by the High Court on 23rd December  2016  shall  continue  to operate  till the matter is finally disposed of.’

1. Apropos to the Hon’ble Supreme Court orders, the implementation of the Interconnection Regulation 2017 and the Tariff Order 2017 was kept suspended since 8* May 2017. Implementation of the QoS Regulation 2017 was also deferred because of its natural linkage with the provisions of the Interconnection Regulation 2017 and the Tariff Order 2017.

1. In the meantime, the Interconnection Regulation 2017, the QoS Regulation 2017 and the Tariff Order 2017 were challenged before Hon’ble Delhi High Court by some other stakeholders through writ petitions WP (C ) Nos. 4091/ 2017, 4135/ 2017, 69 lb /2017 and 7017/ 2017. The Hon’b1e High Court of Delhi in its common order dated 29* August 2017, directed as under:

‘ upon pronouncement of the judgement by the high Court of Madras, respondents  shall  inform  the  petitioners  of  the  outcome  in   the   judgment rind shall inform this court as well before effectuating the orders.’

      5.The Division Bench of the Honble Madras High Court, vide its order dated 2nd March 2018, took divergent       views and a reference was made to the third Hon’ble Judge.

1. The W.P. Nos. 44126 and 4’1127 of 2016 were heard by the third Hon’b1e Judge of the Hon’b4e High Court of Madras, which culminated in its judgement order dated 23’° May 2018. The Hon’ble High Court of Madras, in general, upheld the validity of The Tele communication (Broadcasting and Cable Services (Eighth) (Addressable Systems) Tariff Order, 2017 and The Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017.

1. In compliance to the direction of the Hon ‘I:he High Court of Delhi, in its order dated 29′” August 2017, the Authority has duly filed an affidavit to this effect on 3’° July 2018 before the Hon’b1e Court.

1. Having complied with the judicial mandates in the matter, tHe Telecommunication (Broadcasting and Cable Services (Eighth) (Addressable Systems) Tariff Order, 2017 and the Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017 as upheld by the Hon ‘ble Madras High Court and the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 come into effect from 3’° July 2018.

      9.Accordingly, all the timelines prescribed in the Interconnection Regulation 2017, the QoS Regulation 2017  and the Tariff Order 2017 would commence from 3’° July 2018. AH the service providers are required to comply with all the provisions of the regulation s and tariff order afresh. Some of the important activities and timelines are as under:

• The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff order, 2017 : Declaration of MRP and Nature of Channels by broadcasters within 60 days; Declaration of Network Capacity fee and Distribution Retail Price (DRP) by Distributors (DPO) within 180 days; Reporting by broadcasters within 120 days;

• The Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017: Publication of Reference Interconnect Offer (RIO) by Broadcasters within 60 days; Publication of Reference Interconnect Offer (RIO) by Distributors within 60 days; Signing of the interconnection agreements within 150 days;

• The Telecommunication (Broadcasting and Cable) Services Standards of quality of service and consumer protection (Addressable systems) Regulations, 2017; Migration of the subscribers to the new framework within 180 days; Establishment of customer care centre, Website, consumer care channel and publication of manual of practice within 120 days.

1. The authority is of the view that the implementation of the new regulatory framework will bring in transparency, enable provisioning of affordable broadcasting and cable TV services for the consumer at the same time, would lead to an orderly growth of the sector.