New Delhi: The Supreme Court on Friday upheld the Kerala High Court’s verdict, rejecting an appeal filed by the Indian Broadcasting and Digital Foundation (IBDF) against the telecommunication tariff orders issued by the Telecom Regulatory Authority of India (TRAI). The apex court reaffirmed that matters related to tariff orders should be addressed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), not by the High Court.
The IBDF had challenged certain provisions of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017, and the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017, issued by TRAI. However, the Kerala High Court had refused to entertain their plea, directing the foundation to first approach TDSAT for resolution of the tariff-related disputes.
A bench comprising Justices P S Narasimha and Sandeep Mehta dismissed the IBDF’s appeal, stating, “Tariff orders can be challenged before TDSAT under the regulations.” The bench further clarified that if necessary, challenges to the regulations themselves could later be brought before the Supreme Court through a statutory appeal under Section 18 of the TRAI Act.
In its plea, the IBDF referred to the 2014 Supreme Court ruling in the BSNL v. TRAI case, arguing that it had curtailed TDSAT’s authority to review TRAI regulations, thereby causing ambiguity regarding jurisdiction. While acknowledging the IBDF’s concerns, the bench clarified that such tariff-related disputes must first be resolved through TDSAT’s mechanisms.
The court also kept the option open for the IBDF to seek constitutional review if necessary. “There is some problem occurring for stakeholders, but it can be addressed either by the legislature or by a Constitution bench in light of the BSNL (2014) decision,” the bench noted.
In its ruling, the Supreme Court upheld the Kerala High Court’s findings, reinforcing that stakeholders should first utilise TDSAT’s dispute resolution mechanism for telecom tariff issues.
