Section 33 in Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017
33. The contention of the stakeholders is wrong and has no basis as there exist no such presumption that Pay TV channels are essential services either in the Consultation paper dated 29th January 2016 or in the draft TTO. Further it is not necessary that a regulator can regulate only essential services. There is no legal or constitutional bar or limit that only essential services can be regulated. The Parliament of India by its own wisdom has established TRAI under TRAI Act to regulate telecommunications services including broadcasting and cable services. In fact, a bare reading of Section 11(1) of the TRAI Act clears the position that TRAI has been given wide powers to regulate the Broadcasting industry without any limitation being imposed with respect to regulation of only essential services. Further, Hon'ble TDSAT in its judgement dated. 27th February 2007 in the case of Set Discovery v. TRAI & Others observed that:
"Cable broadcasting may not be an essential commodity in the sense that it is not an item of food without which one cannot survive, yet looking to the figures of TV viewership in this country its importance cannot be underestimated. Available figures suggest a TV viewership of 68 million for the whole country. This shows that television viewing has almost attained the status of an essential service in this country." (emphasis provided)
