New Delhi: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has rejected broadcasters’ plea to stay the implementation of the Telecom Regulatory Authority of India’s (TRAI) new tariff regulation concerning pay channels on DD Free Dish. The tribunal has directed broadcasters to update their Reference Interconnect Offer (RIO) in compliance with the new rules within the next two weeks.
The regulation, which mandates that Free-to-Air (FTA) channels on DD Free Dish either remain free across all platforms or be withdrawn to maintain their pay channel status, has been a point of contention. Broadcasters must align their offerings with TRAI’s directive by January 3, 2025, or face consequences.
This ruling follows a series of legal battles, including the Supreme Court’s dismissal in November of broadcasters’ appeal against TRAI’s tariff orders, affirming the Kerala High Court’s decision that such matters should be handled by TDSAT. Prior to that, the Kerala High Court had rejected the Indian Broadcasting and Digital Foundation’s (IBDF) plea against TRAI’s 2017 Interconnection Regulations.
IBDF, which represents broadcasters, has argued that the regulation violates constitutional rights, particularly freedom of speech and expression. The foundation claims that DD Free Dish, which does not charge a subscription fee, should not be treated in the same way as other distribution platforms that do charge fees. They also warned that the new rules could limit broadcasters’ channel reach, forcing them to withdraw content from DD Free Dish or make it FTA on other platforms, excluding pay channels from their bouquet.
The matter is set to return to TDSAT for further hearings on February 6, 2025, as DTH operators such as Tata Play, Bharti Telemedia, and Dish TV, along with the All India Digital Cable Federation (AIDCF), seek to intervene in the case.
This legal ruling is expected to have far-reaching implications for how pay channels are managed on DD Free Dish, impacting both broadcasters and distribution platform operators.
