Section 24 in Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017
24. The regulatory measures taken by the TRAI have been tested time and again before the Hon'ble Courts. While, upholding the jurisdiction of the TRAI in the matter of fixation and revision of tariffs, the Hon'ble Courts have, however, thought it fit to remand the matter back to TRAI for fresh consideration in given cases. In this regard, some of the judicial pronouncements may be taken note of:-
(i)Shortly after the Notifications dated 09.01.2004 were issued, the TRAI in exercise of the powers conferred by section 11(2) as well as the said Notifications issued The Telecommunication (Broadcasting and Cable) Services Tariff Order 2004 freezing the rates of TV channels as on 26.12.2003. Subsequently, further orders were issued permitting hikes in the said rates. Section 2(1)(k) Proviso as well as the aforementioned Tariff Orders came to be challenged before the Hon'ble Delhi High Court by M/s. Star India Pvt. Ltd. By a judgment dated 09.07.2007 reported as 146 (2008) DLT 455, the Hon'ble Delhi High Court was pleased to uphold the validity of section 2(1)(k) Proviso, the jurisdiction of the TRAI to regulate the "Broadcasting Services" sector and the impugned Tariff Orders themselves. The aforementioned judgment was challenged before the Hon'ble Supreme Court which rejected the challenge vide order dated 03.01.2008.(ii)Vide Notification dated 03.08.2006, the TRAI had prescribed a tariff ceiling of Rs.5 per pay channel per month per subscriber in the CAS Areas. Again, this was challenged before the Hon'ble TDSAT. By a judgment titled as SET Discovery Pvt. Ltd. v. TRAI & Ors. in Appeal No. 10(C) of 2006 dated 27.02.2007 in, the Hon'ble TDSAT was pleased to uphold the jurisdiction of the TRAI to fix tariff and prescribe a ceiling as well as lay down a ratio of 45:55 of distributing revenue between the broadcaster and the DPOs/LCOs. Subsequently, in Noida Software Technology Park v. Media Pro Enterprises India Pvt. Ltd. in Petition No.295 (C) of 2014 dated 07.12.2015 - the Hon'ble TDSAT was pleased to reiterate the aforesaid pronouncement. A Statutory Appeal carried from the Hon'ble TDSAT judgment in Noida Software Technology Park v. Media Pro Enterprises India Pvt. Ltd. was dismissed by the Hon'ble Supreme Court vide order dated 26.02.2016 in Civil Appeal No. 1446 of 2016.(iii)In certain other cases, the Hon'ble Courts while finding fault with the Tariff Orders issued by the TRAI have been pleased to remand the matter back to the TRAI for fresh consideration. In this regard, the judgment titled as MSO Alliance Industrial Area v. TRAI in Appeal No. 9(C) of 2006 dated 15.01.2009 and Centre for Transforming India v. TRAI in Appeal No.1(C) of 2014 dated 28.04.2015 of the TDSAT as well as orders of the Hon'ble Supreme Court in TRAI v. Set Discovery Pvt. Ltd. dated 28.02.2014 in Civil Appeal No.829-833/2009 and Indian Broadcasting Federation and Anr. v. Center for Transforming India & Anr. dated 04.08.2015 in Civil Appeal No.5159-5164 / 2015 may be taken note of.
