Section 30 in Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017
30. It has also been asserted that, notwithstanding all the above, with the amendment of Copyright Act, 1957 in 2012, the jurisdiction of the TRAI has been ousted inasmuch as the Copyright Act, 1957 now clearly occupies the areas that had previously been covered by the regulatory measures of TRAI i.e. by the introduction of section 33A and Rule 56 of the Copyright Rules, 2013, there is now the provision for a "tariff scheme". This arises from a flawed understanding of the distinct subject matters and areas of operation of the TRAI Act and the Copyright Act. A perusal of section 33A and Rule 56 of the Copyright Act clearly establishes that this "tariff scheme" deals with "royalty" payable to the actual owners of a copyright. This has nothing to do with the prescription of tariff of TV channels. At best, this is only another argument of monetization which, as explained above, operates in a different sphere altogether and does not in fact survive in the regulatory regime being introduced presently.
