Broadcasters Might Move TDSAT Opposed to Trai's New Tariff Rule

The Indian Broadcasting and Digital Foundation (IBDF) is set to file a challenge with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) challenging recent broadcast rate regulatory revisions after the Kerala High Court dismissed its appeal, stating that the TDSAT is the right body to hear the case.

The contested law compels broadcasters to offer free channels on DD Free Dish to private distribution platform operators (DPOs). In its petition challenging the Telecom Regulatory Authority of India's (Trai) July 8 tariff regulation, the broadcasters' body argued that DD Free Dish cannot be compared to other DPOs because it does not charge consumers for subscriptions, whereas private DPOs do.

The HC had advised Trai not to pursue coercive action against broadcasters for failing to publish reference interconnect offers (RIOs) in accordance with the new legislation.

The All India Digital Cable Federation (AIDCF) and direct-to-home (DTH) operators Tata Play, Dish TV, Airtel Digital TV, Sun Direct, and Prasar Bharati thereafter filed impleadment motions with the HC to join the case.

In the petition submitted on August 14, IBDF also said that Trai's onerous criteria will reduce channel reach because broadcasters will have to either withdraw their channels from DD Free Dish or FTA them to other DPOs, leaving them outside of pay channel bouquets.

DPOs have long complained to the regulator that broadcasters discriminate against them by charging for channels that are free to air on DD Free Dish. DD Free Dish offers around 15 paid channels across numerous genres. Trai and DPOs have maintained that the tariff regulation has been applied to TV broadcasters and not to DD Free Dish.

The DPOs have in the past maintained that DD Free Dish functions as a commercial platform, with the only noteworthy distinction being that it does not charge any monthly fee.